4 The procedure to enable download and upload of documents at City’s Bidnet Website, copy and paste the provided URL link https://www.bidnetdirect.com/california/cityofhanford into your internet browser to visit the City of Hanford proposal online website. Click the Register Now and as the process begins, select California Purchasing Group, Limited Package (no fee required), enter your basic company information, Advance Profile select (not now); after registration completion, anticipate a Bidnet email notice to activate your company’s newly registered account. If further assistance is needed, contact Bidnet Vendor Support at 1-800-835-4603, Option 2 to receive assistance for all issues and questions.
Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must provide responses in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.
A. GENERAL INFORMATION
1. Firm name, address, telephone number, fax number and email address.
2. Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, fax number and email address if different from above.
3. Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
4. Provide your Federal Tax ID Number and if available, your City of Hanford Business Tax Certificate Number (A City of Hanford Business Tax ID Number is not required to submit a proposal, however it must be obtained prior to any contract signing).
5. Names of company’s owners / officers.
6. Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified.
7. Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.
8. References and Referrals – Minimum of three (3) current or former clients within the Central Valley or California (if possible), including their name, title, address, email, phone, and types of work completed and corresponding data.
B. PROPOSED PROJECT APPROACH
Summarize your approach and understanding of the project and any special considerations of which the City of Hanford should be aware. Indicate clearly, the levels of participation you will expect from City of Hanford staff in the fulfillment of the contract. The contents of this section shall be determined by the proposer, but should demonstrate an understanding of the special characteristics of the project.
This section shall outline the proposed approach to the project. This approach or scope of work shall consist of:
1. Phases
5 2. Objective(s)
3. Task(s) and brief description
4. Work products
5. Meeting(s)
6. Timeline
7. Completion date
Exceptions to the requirements of the RFP should be clearly delineated in this section.
In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.
The information in this section will aid the City in the refinement of the scope of work during contract negotiations.
C. STAFF QUALIFICATIONS
Describe the qualifications of all key members of the project team to be assigned to this project by providing resumes/experience summaries describing their education, credentials, experience, and their proposed roles for this contract. The project manager shall be identified and will not be removed from the project without prior written authorization from the City. All proposed sub-consultants and their tasks in the project shall be identified. Note: Consultant may not substitute any member of the project team without prior written approval of the City.
If your firm intends to subcontract any of the services required under this RFP it must be discussed in this section. Detailed information for each subcontractor must be provided. No work may be subcontracted, nor assigned, without prior written approval of the City of Hanford. This section should demonstrate the qualifications of all subcontractors’ professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract.
D. RELATED EXPERIENCE
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. Provide references for a minimum of three (3) most comparable projects for which your firm has provided, or currently is providing similar services. Include information about previous projects which are similar in nature, delivery method, budget variance and any other appropriate information. Substantial weight is given to a firm’s ability to deliver projects on budget. Please demonstrate the firm’s ability to meet this goal. Provide the following for review and consideration by the screening committee:
Indicate for each of these projects:
Name of project and project location
Brief description (type of services, functional components, special design considerations) Name of owner
Name of owner's contact person and telephone number (contact person, who, at the time of RFP submittal, will be employed by the owner)
Your firm's specific involvement (i.e., project manager, sub-consultant, etc.) The proposal cost vs. cost estimate
Status of completion
6 E. PROPOSED PRICING
Proposed must include any and all information about pricing in their proposals. Although the City will base its selection upon a consideration of all factors, pricing information is required in order for the City to ensure that it is receiving the requested services or work at a fair and reasonable price. Failure to include pricing information in a proposal may result in a rejection of proposal as non-responsive.
F. PROPOSED FFE STRUCTURE AND SCHEDULES
Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:
Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down by type of service and units of work or other applicable measure (for example, staff hours at a certain rate). Proposers should endeavor to provide a comprehensive, fee schedule, as the City will not include compensation in the contract for items not addressed.
Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs. Proposers re responsible for ensuring Failure to properly calculate costs or include additional costs will not be a basis for re-negotiation of the compensation for the winning bid. Proposals must include a 60-day price guarantee.
G. CONFLICT OF INTEREST
Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project. List current clients who may have a financial interest in the outcome of the project.
IV. CONSULTANT SELECTION PROCEDURE
A. CRITERIA AND WEIGHT OF CRITERIA
Selection of the successful proposal shall be generally based on the information provided by the Consultants in response to the Request for Proposals. The process for selection shall occur in the following sequence:
1. Review Proposals.
2. Establish a “short list” of three or more firms.
3. Interviews, if necessary.
4. Identify best qualified firm.
5. Determine which, if any, alternates will be selected, and negotiate a fee.
6. Award contract.
7 The Evaluation Committee consisting of knowledgeable members and formed at the sole discretion of the city will address the following criteria in evaluation of proposals in order to gauge the ability of a Consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with prospective firms.
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
Selection will not be based on the lowest priced proposal, but will be based on the following criteria:
1. Cost as shown on the proposal form. 30 points.
2. Ability to meet the stated service requirements. 20 points.
3. Past Performance and Experience based on References and Experience shown on the application. 20 points.
4. Conformance to the terms and conditions of the RFP. 10 points.
5. Financial Stability based on information provided in the Statement of Qualifications. 10 points.
6. Other related information. 10 points.
B. BACKGROUND CHECK
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.
C. AWARD OF CONTRACT
The successful firm will be required to execute a contract with the City of Hanford. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.
V. EXAMINATION OF ENTIRE RFP REQUIREMENTS
8 Before submitting a proposal, Proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Hanford; has carefully examined and is thoroughly familiar with the requirements stated and further understands that the City will not be responsible for any errors or omissions on the part the proposer.
The submission of a proposal shall be considered conclusive evidence that the Proposer has carefully investigated all conditions that affect or may at some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.
No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals. Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal. The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.
A. WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
B. REJECTION OF PROPOSALS
The City of Hanford reserves the right to reject any or all proposals; to waive any requirements, both the City's and those proposed by the consultant; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each consultant, so as to select the consultant which best serves the requirements of the City, thus ensuring that the best interest of the City will be served. Proposer’s past performance and the City's assurance that each proposer will provide service as proposed will be taken into consideration when proposals are being evaluated.
The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to perform properly, or complete on time,
9 contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other money due to the City of Hanford.
C. EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.
Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.
The award, if made, will be made tentatively in accordance with the Timeline of Events included in this solicitation. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:
1. Proposer is an independent contractor, not an employee, agent, or officer of the City.
2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.
3. Should the proposer be awarded the contract, the proposer shall not assign the contract, or any part thereof, or any money due or to become due thereunder, without prior consent of the City.
4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.
5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
VI. GENERAL CONDITIONS
10 A. IMPORTANT NOTICE
The City of Hanford will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective consultants who have secured same. However, it will be the responsibility of each consultant, prior to submitting their proposal, to contact the Purchasing Division, located at 559-585-2152 or via online web portal BidNet Direct under the solicitation to determine if addendums were issued and to make such addendum a part of the proposal.
B. LOCAL VENDOR EXPERIENCE
Local Vendor Experience City (Ord 2.48.070): In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a Local Vendor Experience policy. The Local Vendor Experienced policy will apply to any business that has a fixed business address within Hanford City limits. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of City of Hanford address.
C. CONTRACTING AGENCY
The contract resulting from this Request for Proposals will be administered by the City of Hanford Finance Department, Purchasing Division.
D. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Consultant certifies that he or she will comply with all Federal, State and Local laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations applicable to contracts utilizing Federal funds.
E. PERMITS AND LICENSES
1. Business and Tax Certificate, possession of a City of Hanford Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at their own expense, a valid and current City of Hanford Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Hanford. For additional information, contact the City of Hanford Finance at (559) 585-2506.
2. Professional Licenses, consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.
3. Permits, consultant shall be required to obtain and maintain at their own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.
11 F. INDEMNIFICATION AND INSURANACE
As respects acts, errors, or omissions in the performance of services, contractor agrees to indemnify and hold harmless City, its elected and appointed officers, employees, and City designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of contractor’s negligent acts, errors or omissions in the performance of their services under the terms of this Agreement; except to the extent those that arise out of the negligence of City.
City agrees to indemnify and hold harmless contractor, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of City’s negligent acts, errors or omissions in the performance of this Agreement.
As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, contractor agrees to indemnify, defend (at City’s option), and hold harmless City, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractor’s (or contractor’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of City.
Without limiting City’s right to indemnification, it is agreed that contractor shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers’ Compensation Insurance as required by the State of California with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
2. Commercial General Liability Insurance with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of no less than Four Million ($4,000,000). Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent contractor’s Liability (if applicable).
3. Consultant will maintain Professional Liability Insurance coverage, in an amount not less than TWO Million Dollars ($2,000,000) per occurrence or claim and a general aggregate limit of no less than Two Million ($2,000,000).
4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Finance, City of Hanford, 319 Douty St Hanford CA 93230, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”
In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
12 “It is agreed that any insurance maintained by the City of Hanford shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Hanford, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Hanford.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.
G. ASSIGNMENT OF CONTRACT
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.
H. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
I. ETHICS IN PUBLIC CONTRACTING
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Hanford.
Prior to the award of any contract, the potential consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Hanford.
More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.
J. RUSSIAN SANCTIONS EXECUTIVE ORDER N-6-22
Notice to all City Contractors, Suppliers and Grantees (Potential and Existing) On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at (https://www.gov.ca.gov/wpcontent/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf).
13 Under the EO, compliance is required with all economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. To the fullest extent under the law, the City of Hanford will engage all measures to comply with the sanctions and the EO, including:
1. Refraining from entering into new contracts with prohibited individuals or entities while the sanctions are in effect.
2. Desisting from making new investments in, or engaging in financial transactions with, Russian entities, and from transferring technology to Russia or Russian entities.
3. Endeavoring to support the government, people, and businesses of Ukraine where possible.
As a City contractor, supplier, or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programsand-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of the subject contract or grant, as applicable.
K. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, proposer agrees to the following:
1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Kings and City of Hanford laws and ordinances related to employment practices.
2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
L. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Kings County, California.
M. PROTEST PROCEDURES
Any proposer, or contractor who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. Proposers are to be advised that protests of the process, terms, conditions or any other aspect of the solicitation, must be made prior to the proposal due date. Proposers may not protest the contents of the specifications of the proposal nor the award based on the use of the Local Vendor Experience. Protests must be transmitted by facsimile, email or by mail to the attention of the Purchasing Manager.
14 Protest of the award must be made immediately, and in no event later than five working days after the close of proposal due date and time. All protests must include the following information:
1. The name, address, telephone number and email address of the protestor.
2. The signature of the protestor or protestor's representative.
3. The solicitation or Proposal number.
4. A detailed statement of the legal and/or factual grounds of the protest and all documentation supporting the proposer’s position at the time of the initial protest.
5. The form of relief requested.
The Purchasing Manager or designee shall respond in writing within five working days to the protestor.
If the protestor wishes to appeal the decision rendered by the Purchasing Manager, such appeal must be made in writing to the City Manager within five (5) working days of the Purchasing Manager's response. If the protestor wishes to appeal the decision rendered by the City Manager, such appeal must be made in writing to the City Council within five (5) working days of the City manager’s response.
Protestors must contact the Clerk of the City of Hanford to be scheduled on the City Council Agenda for the very next available meeting. All information submitted to the City Council must be presented to the Purchasing Division five (5) working days prior to the City Council meeting.
N. PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Hanford and are subject to public disclosure. Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.
O. INCURRING COSTS
The City of Hanford is not liable for any cost incurred by proposers in responding to this Request for Proposals.
P. FIREARMS PROHIBITED
Guns may not be carried by contractors/vendors/consultants while working on City of Hanford premises without the expressed written approval of a City of Hanford Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
VII. ATTACHMENTS
Forms/Attachments required to be submitted with proposal.
NON-COLLUSION AFFIDAVIT
15 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
CITY OF HANFORD, CA OWNERSHIP DISCLOSURE FOR CONTRACTORS AND CONSULTANTS STATE OF CALIFORNIA DRUG-FREE WORKPLACE CERTIFICATION STD.21 (REV.12-93)
SAMPLE AGREEMENT
EXHIBIT “A” SCOPE OF SERVICES
EXHIBIT “B” FOUR QUADRANTS
EXHIBIT “C” SITE MAPS
16 NON-COLLUSION AFFIDAVIT
(Submit with Proposal Attachment 1)
TO: THE CITY OF HANFORD
The undersigned, in submitting a proposal for performing the following work by contract, being duly sworn, deposes and says:
That he/she has not, either directly or indirectly, entered into any agreement, participate in any collusion, or otherwise taken any action in restraint of free competition in connection with such contract.
Work to be performed: RFP No. 2024-05 LANDSCAPING SERVICES Proposer’s Name: ______________________________________________________ Signature of Proposer: ___________________________________________________ Title: _________________________________________________________________ Business Address: ______________________________________________________ Place of Residence: _____________________________________________________ State of California
County of ________________________
On this __________ day of _______________before me,
___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
17 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(Submit with Proposal Attachment 2)
STATE OF CALIFORNIA )
) ss
CITY OF HANFORD )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company: ____________________________________________________ Business Address: ______________________________________________ Signature: _____________________________________________________ Name of Signing Official: ________________________________________ Title of Signing Official: _________________________________________ Date: ____________________________________________________ Company Seal:
18 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
(Submit with Proposal Attachment 3)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Hanford, the Proposer agrees as follows:
1. The proposer will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The proposer will, in all solicitations or advertisements for employees, placed by or on behalf of the proposer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The proposer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the proposer commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The proposer will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The proposer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the proposer’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the proposer may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The proposer will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The proposer will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the proposer becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the proposer may request the United States to enter into such litigation to protect the interest of the United States.
Company Name: _________________________________________________________ Business Address: ________________________________________________________ Signature: _______________________________________________________________ Name of Signing Official (type): _____________________________________________ Title of Signing Official (type): ______________________________________________ Date: ___________________________________________________________________ (Seal)
19 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE (Submit with Proposal Attachment 4)
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: __________________________________________________________ Business Address: ____________________________________________________ Signature: __________________________________________________________ Name of Signing Official (typed): ______________________________________________ Title of Signing Official (typed): _______________________________________________ Date: _______________________________________________________________ Company Seal:
20 CITY OF HANFORD, CA OWNERSHIP DISCLOSURE FOR
CONTRACTORS AND CONSULTANTS
(Submit with Proposal Attachment 5)
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name: ___________________________________________________________ Firm Address: _________________________________________________________ List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Submitted by: Name __________________________________________________________ Date __________________________________________________________
21 STATE OF CALIFORNIA DRUG-FREE WORKPLACE CERTIFICATION STD.21 (REV.12-93)
(Submit with Proposal Attachment 6)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
Contractor Proposer Firm Name: ________________________________________________________ Federal ID Number: __________________________________________________________________ BY (Authorized Signature): ____________________________________________________________ Date Executed: ______________________________________________________________________ Printed Name of Person Signing: ________________________________________________________ Telephone Number (Including Area Code): ________________________________________________ Title: ______________________________________________________________________________ Contractor/Proposer Firm’s Mailing Address: ______________________________________________ The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
22 AGREEMENT FOR SERVICES
This Agreement for Services (“Agreement”) is made and entered into this ____ day of ____________________, 20___, by and between the City of Hanford, a municipal corporation (“City”), and _________________________ (“Consultant”).
RECITALS
A. Consultant represents to City that they are specially trained, experienced, licensed and competent to perform the services which will be required by this Agreement; and B. Consultant represents to City that it possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render ____________________ services as set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Retention of Consultant. Subject to the terms and conditions set forth herein, City retains Consultant to perform the services identified in this Agreement, as an independent contractor and Consultant hereby accepts this independent contractor appointment.
2. Scope of Services and City Responsibilities.
a. Consultant shall perform the services (“Services”) and City shall have the responsibilities described on the attached Exhibit “A,” which is incorporated herein by reference. To the maximum extent possible, the terms of the body of this Agreement and Exhibit “A” shall be interpreted so they are consistent; however, if there is an direct and irreconcilable conflict between the text of this Agreement and Exhibit “A”, the former shall control. b. Consultant shall correct any and all errors and/or omissions, which arise out of Consultant’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Consultant shall make such corrections upon City’s request and at no cost or expense to City.
3. Time of Performance. Services shall be completed by the dates identified in the attached Exhibit “A.”
4. Compensation. Compensation to be paid to Consultant shall be in accordance with the attached Exhibit “A.” Payment by City under this Agreement shall not be deemed a waiver of errors, even if such errors were known to City at the time of payment.
23 5. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than sixty (60) calendar days after the date of submittal of an invoice for completed tasks and approval of the invoice by City staff.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which are not included in Exhibit “A.” Extra work will be performed on terms agreed upon by the parties. Consultant shall not perform, nor be compensated for Extra Work without written authorization from City.
7. Termination. This Agreement may be terminated by City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Consultant. Upon termination, Consultant shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Consultant in order to reimburse City for any losses, damages or expenses caused by Consultant’s default under this Agreement.
8. Ownership of Documents. All plans, studies, documents and other writings and electronic disks containing drawings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.
However, City’s use of completed documents for other projects and/or the use of uncompleted documents without the written authorization of Consultant will be at City’s sole risk. City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of, or changes to the Project Documents not performed by the Consultant.
9. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to use, modify, reuse or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data, electronic or otherwise, recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted non-exclusive and perpetual license for any Documents & Data the subcontractor prepared under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purpose intended by this Agreement shall be at City’s sole risk. City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or
24 resulting from any unauthorized reuse of or changes to the Project Documents not performed by the Consultant.
10. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name, insignia, photographs, or the project for which Consultant’s Services are rendered, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent by City.
Notwithstanding the foregoing, City acknowledges that the Consultant may want/need to include projects performed under this Agreement on proposals for similar work in the future. City hereby grants permission to list any projects performed under this agreement for marketing purposes; provided however, Consultant will not make any representations regarding City’s satisfaction with Consultant’s work product unless Consultant receives a written statement or evaluation from City.
11. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Consultant by City.
12. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies. i. Workers Compensation Coverage. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease. ii. Commercial General Liability (CGL) Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with a limit of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, and a general aggregate limit of no less than FOUR MILLION AND NO/100 DOLLARS ($4,000,000).
iii. Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned),with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.
25 iv. Professional Liability Coverage. Consultant will maintain Professional Liability Insurance coverage, in an amount not less than TWO Million Dollars ($2,000,000) per occurrence or claim and a general aggregate limit of no less than Two Million ($2,000,000).
If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
Consultant’s insurance policies shall be “occurrence” policies and not “claims-made.” Consultant may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Consultant shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this section; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements. b. Any deductibles or self-insured retentions must be declared to and approved by City.
City may require Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, City may require Consultant to provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.
c. The policies are to contain, or be endorsed to contain, the following provisions:
i. City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations; products used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33 or CG 20 38 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to City and its officers, officials, employees or volunteers. ii. For any claims related to this contract, Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as to City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City and/or its officers, officials, employees, or volunteers shall be in excess of Consultant’s insurance and shall be noncontributory. iii. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
26 Consultant shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. d. Consultant hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Consultant may acquire against City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Consultant agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.
13. Indemnification. To the fullest extent allowable by law, Consultant agrees to indemnify, defend and hold harmless City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Consultant’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful misconduct or negligent acts or omissions in the performance of the services and Consultants responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful misconduct. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.
14. Independent Contractor Status. It is understood and agreed that Consultant, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no retirement benefits or other benefits which accrue to City’s employees and Consultant hereby expressly waives any claim it may have to any such rights. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Consultant.
15. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
b. Consultant shall maintain all documents and records that demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
27 c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by City. Copies of such documents shall be provided to City for inspection at City offices.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request, require that custody of the records be given to City and that the records and documents be maintained in City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
16. Interest of Consultant. Consultant and its owners, members, or shareholders, as applicable, covenant and represent that they do not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s Services hereunder. Consultant further covenants and represents that in the performance of the Services hereunder, to the best of its knowledge no person having any such interest shall perform any Services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. FPPC Reg. Sec. 18700, et seq.
17. Professional Ability of Consultant. City has relied upon Consultant’s representations regarding its training and professional ability to perform the Services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled personnel to perform all Services under this Agreement. The primary provider of the Services called for by this Agreement shall be __________________ who shall not be replaced without the written consent of City. All work performed by Consultant under this Agreement shall be in accordance with the applicable professional standard of care and shall meet the local professional standard of quality ordinarily to be expected of competent persons in Consultant’s field of expertise working in Kings County.
18. Compliance with Laws. Consultant shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations in effect at the time the agreement is executed. In addition, if the request for proposal to provide services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Consultant shall perform all services in accordance with all applicable federal and state laws, rates and regulations in effect at the time the agreement is executed.
28 19. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and insurance which are legally required of Consultant to lawfully and competently perform the Services. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and insurance which are legally required of Consultant to lawfully and competently perform the Services. Consultant shall maintain a City of Hanford business license.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City, which will not be unreasonably withheld. Consultant shall not subcontract any portion of the Services to be performed under this Agreement without the express written consent of City, which will not be unreasonably withheld. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (i) create any contractual relationship between City and subcontractor; (ii) create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Consultant of any of its obligations and responsibilities under this Agreement.
21. Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled.
With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court for the County of Kings, State of California for any proceeding arising hereunder.
22. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.
23. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
24. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
25. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.
26. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
29 27. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
30. Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
CITY OF HANFORD CONSULTANT
Mario A. Cifuentez II ___________________________
City of Hanford ___________________________
319 N. Douty ___________________________
Hanford, CA 93230 ___________________________
30 IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.
CITY
CITY OF HANFORD,
a Municipal Corporation
By:__________________________________
MARIO A. CIFUENTEZ II
City Manager
CONSULTANT
_____________________________ [company name]
By:___________________________________
__________________________ [name]
__________________________ [title]
31 EXHIBIT “A”
SCOPE OF SERVICES
1. Irrigation Service and Repair include but are not limited to time clock maintenance and repairs; valve, head, and piping maintenance and repairs; drip system maintenance and repair; and booster pump maintenance. The area to be covered by the contractor is immediately after the water meter/ point of connection through the rest of the irrigation system. The exception is any backflow devices that will be serviced annually by the Water Dept.
a. Irrigation Time Clock Maintenance is all related: to programming cycles, seasonal adjusting, wiring, or rewiring, troubleshooting problems, and necessary repairs.
To maintain adequate soil moisture Contractor will program the irrigation system asfollows:
i. Adjusting and setting the automatic controller to establish the frequency and length of the watering period in compliance with the City of Hanford and other governing agencies’ guidelines and parameters.
1. Consideration must be given to the soil conditions, humidity, minimizing run-off, and the relationship of conditions that affect irrigation.
ii. In the areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night or early morning hours.
iii. The irrigation system will be controlled in such a way as not to cause any excessively wet or "water-logged" areas which could interfere with the ability to mow all turf. "In lawn" trees and other plantings shall be protected from over-watering and run off.
iv. All landscaped areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken not to overwater in shady areas or violate City irrigation standards without prior written approval for the variance.
v. Newly seeded turf (through the sixth mowing) shall be watered immediately after mowing. Well-established turf shall not be watered for at least four (4) hours after mowing.
b. Valve, Head, and Piping Maintenance and Repairs. Operation and maintenance of the irrigation system shall receive no less than the following:
i. Irrigation valves shall be serviced regularly so the system can consistently provide adequate water to the plant materials in its service area.
1. Valves shall be throttled wide open unless a specific need is identified.
2. Solenoids will be checked periodically to ensure connections are secure and solenoids are functioning properly.
3. Check the operability of controllers, quick couplers, valves, and sprinkler heads once per month or more frequently if
problems/conditions indicate a need and report system status to the Parks Supervisor/Parks and Facilities Manager.
32 4. Repair and/or replace damaged or inoperable valves as needed. ii. Irrigation heads shall be serviced regularly so the system can consistently provide adequate water to the plant materials in its service area.
1. Station checks to evaluate the regular operations should be done min of once per month to allow the Contractor to observe the actual operation of the irrigation heads to ensure proper rotation and coverage.
2. Nozzles should be balanced to provide consistent coverage between heads on the same station. Same GPM in coverage areas.
3. Water shall be regulated to avoid interference with any use of the facility's roadways, paving, or walks.
4. Heads should be adjusted as needed to ensure correct areas are being covered and no unintended areas are receiving excess water.
c. Piping and line maintenance
i. During station checks the Contractor should also observe the area that the irrigation piping runs under to look for breaks, leaks, or other irregularities that could indicate problems or repairs that need to be made.
1. If a lateral line needs repair the valve that controls that line can be throttled down to let the rest of the system operate as normal and not impact the rest of the system.
2. If the leak is on a mainline, then the backflow or isolation valve should be closed so the repair can be made at the earliest possible opportunity.
d. Drip lines and low-flow systems
i. Regular flushing and maintenance should be done to ensure adequate flow to the plant materials being served by the system. ii. Since these systems are prone to damage (vandalism and rodents) the Contractor should make a point to observe the entire line when doing a station test at least once every other month or more if a persistent problem is present.
e. Booster pumps should be serviced at least twice per year with regular observations when doing monthly stations test.
i. Each pump and motor are unique and may have specialized needs.
Become familiar with the pump and motor at your facilities. ii. Common service needs can include greasing points, tightening housing around bushings, checking for wear, etc.
2. Landscape/Turf Maintenance
a. Mowing - Mowing operations shall be scheduled Monday through Friday between the hours of 7:00 a.m. and 3:00 p.m.
i. All grass clippings can be mulched on-site and clippings must be dispersed to not create a "windrow" situation on the same day the area is mowed.
Except for designated parks or removed from the site as soon after the mowing as possible.
33 b. Edging - All turf edges including but not limited to sidewalks, patios, drives, curbs, shrub beds, flower beds, groundcover beds, and around the base of trees shall be edged to a neat and uniform line.
i. Mechanical edging of turf shall be performed at each site at a minimum of every other week. The edging shall be completed as one operation in a manner that ensures a well-defined edge.
1. Use tools like edgers, string trimmers, or use of herbicides can be used to accomplish this task.
ii. Irrigation-related areas - Detailing of sprinkler heads (to provide maximum water coverage), valve boxes, meter boxes, and similar small obstacles in turf areas shall be performed in a manner that ensures operability, ease of location, or a clean appearance.
1. Chemicals may be used to attain clearance in addition to other mechanical methods. Grass should be no more than six (6) inches from any edge of the irrigation-related features. Irrigation heads need to be free of obstructions and may have grass immediately adjacent to them trimmed back as needed.
iii. Plant materials –
1. Trees & Shrubs - Where trees and shrubs occur in turf areas, all grass growth shall be limited to a minimum of twelve (12) inches from the trunk of trees and Six (6) inches away from the drip line of shrubs.
2. The maximum distance from the base should not be more than five (5) times the width of the trunk away from larger trees, and no larger than the maximum of a five (5) foot radius.
3. The exception to the five (5) foot radius is if the roots of a tree have lifted out of the ground they should be avoided to preserve the equipment and removed as part of the tree care and maintenance. iv. Planter beds - should have a clean edge and whenever possible a cement mow strip to maintain the definition between the turf and planter beds.
When other methods are used to separate these spaces, the grass shall be cut back to make a clean defined line separating the two spaces. v. All turf areas shall be kept neatly edged and all grass invasions into areas not designated as turf are to be eliminated.
c. Blowing – All hardscapes should be free from debris and clippings. i. Walkways – Walkways shall be cleaned immediately following each mowing/ edging and a minimum of once per week. This includes DG and other non-cement pathways and surfaces.
ii. Shelters and Slabs – all shelters and picnic table slabs should be blown down at least once per week but more as needed.
iii. Parking lots – should be blown out every week and heavier debris should be picked up as needed.
iv. Play areas- pour in place (PIP) and other hardscapes should be blown down a minimum of once per week or more if needed. This should also include the mow strip along the edges of the play spaces and transition ramps.
34 3. Tree, Shrub, Groundcover, and Vine Maintenance includes but is not limited to pruning, fertilizing, and weeding.
a. Trees care should be performed in such a way that the tree is groomed to become as close to the ideal depiction (shape and growth profile) of the species as possible and ensure the longest lifespan as possible. i. Pruning should be done to no more than 1/3 of the tree’s foliage at any given time to prevent stressing the tree or inviting pests. Shearing of trees shall not be permitted.
ii. Trees shall be pruned to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached; and which have well-spaced branches eighteen (18) inches apart, orientated so as not to overlay one another.
iii. Under no circumstances shall stripping of lower branches ("raising ") of young trees be permitted. Lower branches shall be retained in a 'tipped back' or pinched condition with as much foliage as possible to promote caliper trunk growth (tapered trunk). Lower branches may be pruned to the trunk when side branches reach one-third (1/3) the diameter of the trunk.
iv. Evergreen trees shall be thinned out and shaped when necessary to prevent wind and storm damage.
b. Pruning of trees shall be done as needed to achieve the following:
i. To shape, particularly to correct misshaping caused by the wind. ii. To maintain the natural form and balance of the trees. iii. To remove all dead or damaged branches.
iv. To remove suckers, water sprouts, and other undesirable growth on trees.
v. To shorten or remove lower branches wherever they pose a problem to pedestrians or vehicles-ten (10) feet for pedestrian areas and walkways; fourteen (14) feet for vehicular roadways.
c. Pruning Procedures
i. When it is necessary to reduce limb lengths, drop crotch as much as possible and avoid cutting back the support limbs to laterals lessthan one third (1/3)of thediameterofthesupporting limbs.
ii. A three (3) saw cut will be used on large, heavy branches. All limbs greater than one and one-half (1 1/2) inches shall be undercut to prevent splitting or peeling the bark.
iii. No trees are to be topped without the consent of the Supervisor and then only in cases to alleviate a hazardous condition. When the topping is necessary, attention shall be given to reshaping the trees to maintain a typicaltreeformforthe species.
iv. Any branches/limbs that fall because of “natural” causes or acts of God are to be cleared by the vendor as part of the regular duties. If the branch falls after hours and is blocking the right of way City staff may clear the debris from the right of way and leave the material for the vendor to remove.
35 d. Planter Beds - Shrubs, Groundcover, and Vines should be maintained in such a way as to allow for the aesthetics and plant natural qualities to be displayed. i. Restrict the growth of hedges and shrubs to areas behind curbs and walkways and within planter beds by trimming. Under no circumstances shall hedge shears be used as a means of pruning.
ii. Planter beds should be kept weed free as much as possible. See weed control
iii. Shrubs
1. Shrubs with flowers on old growth should be pruned immediately after they have flowered. Shrubs with flowers on new growth should be pruned in late winter or early spring.
2. Shrubs should be kept no taller than 5 ft unless otherwise specified in the site description.
3. Deadwood or dead leaves should be removed during regular service cycles.
iv. VINES
1. Vines and espalier plants shall be checked and secured as required. Secure vines with appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines on masonry walls.
3. Deepwater vines in pockets are not provided with sprinklers as required to promote optimum growth.
v. Groundcover
1. All areas planted in ground covers shall be adequately irrigated and fertilized to maintain vigorous growth.
2. Ground cover beds shall be periodically edged to keep them in their intended space. Ground covers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed undesirable by the Parks Manager.
3. Ground cover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site as directed by the Parks Manager.
4. Periodic replanting will be required to maintain ground cover continuity. A request for replacement planting material is to be submitted to the Parks Manager along with an estimate to supply the labor for such replacement.
5. Weed invasion into ground cover areas may require complete removal, chemical treatment of the area, and replacement of ground cover at the Contractor's expense.
vi. Pruning/Trimming Frequency
1. Trees: Clearance pruning two (2) times per year as n e c e s s a r y .
2. Vines: Pruning of vines will be following good horticulture practices as needed.
3. Groundcover thinning: As needed.
36 4. Pruning plant material for vehicular and pedestrian visibility clearance and access: Four (4) times per year or more often as needed depending upon the growth patterns of the plant species in question.
5. Hedge and shrub pruning: As needed dependent upon the growth patterns of the plant species in question.
vii. Any hazards or acts of vandalism shall be reported immediately to the Parks Supervisor. Hazards, such as broken tree limbs, broken benches, potholes on grounds, standing water, ropes tied to tree limbs, excavations, and unsecured material (such as wood, wire, metal, etc.), may be appropriately remedied by the Contractor.
viii. Plant material shall conform to the requirements of the Landscape Plan of the area and to the "Horticultural Standards" of the American Association of Nurserymen.
e. Trash/Litter Abatement
i. Trash cans in LAD parks should be emptied during weekly service cycles. ii. Litter/hand trash should be picked up prior to any mowing or other power tool use that could spread or shred the trash creating a greater eyesore.
4. Wedd Control - General. For the purposes of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. a. All landscaping within the specified maintenance areas including lawns, planter areas, and tree wells shall be kept weed free at all times. Complete removal of all weed growth is to be accomplished on a continuing basis. Weeds may be controlled by mechanical methods or chemical methods at the discretion of the Contractor. Weeds reaching a height of 2 inches shall be physically removed from landscaped areas.
b. Center island maintenance shall include the removal of weeds growing on all paved and unpaved surfaces of the median vegetation growing at the base of the median between the curb face and street surface.
c. Use of Chemical Herbicides for Weed Control. The Contractor shall abide by all rules and regulations of the California State Department of Pesticide Regulations, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the Contractor's employees during chemical weed control operations. The Parks Superintendent may restrict the use of chemical weed control in certain areas.
i. Great care shall be taken by the Contractor to avoid herbicide drift onto non-target plants. The Contractor will be required to obtain the appropriate permits from Kings County, provide herbicide chemicals and apply chemicals at the Contractor’s cost.
d. Disease and Pest Control
i. The Contractor shall regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The Contractor shall notify the Parks Supervisor / Manager within 3 days of finding such a
37 condition, outlining identification and control measures to be taken.
Upon approval of the Parks Supervisor / Manager, the Contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and Contractor's employees. e. Use of Chemical Pesticides. All rules of the California State Department of Pesticide Regulations, Department of Health and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed.
f. Great care shall be taken to avoid pesticide drift onto non-target organisms.
NAME Pinecastle Location
District 90-01
AREA 67,750
Fund 0240
NAME Portifino Location
District 92-01
AREA 19,167
Fund 0245
NAME Gateway Estates Location
District 94-01
AREA 2,725
Fund 0249
NAME Gateway Estates Basin Location
District 94-01
AREA 5,460
Fund 0249
NAME Summerfield Location
District 97-02
AREA 4,650
Fund 0253
NAME Crystal Springs Location
District 98-01
AREA 14,435
Fund 0255
NAME Sierra Heights Location
District 04-04
AREA 13,470
Fund 0266
NAME Sierra Heights Basin Location
District 04-04
AREA 2,577
Fund 0266
NAME Misson Park Frontage Location
District 05-01
AREA 2,393
Fund 0267
Quadrant 1
Ground covers, shrubs, trees; irrigation system;
Flint Ave &Mission Dr
Shrubs, accent plants, trees, straight sidewalks, irrigation system.
Along Fairmont Dr -North of Sheerwood Ct
Ponding Basin (Interior of Subdivision) Ground cover, shrubs, trees; irrigation system; frontage sidewalk. All hedges are to be maintained to a height no greater than 5 feet.
E Florinda @ 9 1/4 Ave
Ground covers, shrubs, trees; irrigation system; frontage sidewalk.
E Grangeville Blvd
Turf, accent plants, trees, shrubs, irrigation system, meandering sidewalk
10th Ave & Fargo
E Fargo Ave
Turf, accent plants, shrubs, trees; irrigation system; meandering sidewalk, entry islands. All hedges and shrubs are to be maintained to a height no greater than 5 feet.
10th Ave @ Highway 43 (Mission Dr)
Subdivision Frontage: Turf, ground cover, accent plants, shrubs, trees, vines; irrigation system; accent lights; entry island; meandering sidewalk.
Turf, accent plants, ground covers, hedges, trees; irrigation system; landscape lights, meandering sidewalk; entry islands. Hedges are to be maintained 1-1/2 feet above the top of the wall.
Fargo Ave @ Meadow View Rd & HWY 43 Frontage
Turf, accent plants, shrubs, trees, entry sign lighting, meandering sidewalk, irrigation system.
Meadow View Rd Basin
EXHIBIT "B"
NAME Misson Park Basin Location
District 05-01
AREA 3,125
Fund 0267
NAME The Greens II Location
District 15-02
AREA 16,416
Fund 0275
NAME Quail Run Estates Frontage
Location
District 94-03
AREA 20,583
Fund 0251
NAME Quail Run Estates Park Location
District 94-03
AREA 29,494
Fund 0251
NAME
Quail Run Estates Basin
Park
Location
District 94-03
AREA 56,469
Fund 0251
NAME Poppy Hills Location
District 01-03
AREA 11,782
Fund 0259
NAME Quail Park Frontage Location
District 06-01
AREA 52,950
Fund 0269
NAME
Quail Park Railroad
Frontage
Location
District 06-01
AREA 34,140
Fund 0269
NAME Stonecrest Frontage Location
District 94-02
AREA 67,875
Fund 0250
Glacier Way & Flint Ave
Turf, accent plants, shrubs, trees, irrigation system, meandering, and straight sidewalks.
Railroad Frontage N of Galcier
Trees, shrubs, automatic bubbler-type irrigation
11 Ave & Fargo
Turf, accent plants, ground cover, vines, shrubs, trees; irrigation system; entry islands; meandering sidewalk.
Windsor Dr & Fir Dr
Trees, turf, shrubs, straight walk, curbing, irrigation systems, and Trash/ litter abatement.
Windsor Dr & Fir Dr
Trees, turf, shrubs, irrigation systems, and Trash/ litter abatement.
N 11th Ave
Turf, accent plants, ground cover, trees, shrubs, irrigation system, meandering sidewalk; entry islands.
Mission Dr , North of Adobe St
Shrubs, trees, ground cover, irrigation system and walkway Grangeville @ 9 1/4 Ave
Shrubs, accent plants, trees, straight sidewalks, irrigation system. 11th Ave Pepper to Millbrook
Turf, accent plants, ground cover, shrubs, trees; irrigation system; entry islands; straight sidewalk within the parkway.
NAME Stonecrest / Glacier Park
Location
District 94-02
AREA 54,450
Fund 0250
NAME
Stonecrest Railroad
Frontage
Location
District 94-02
AREA 51,578
Fund 0250
Fargo & Glacier
Irrigation system, turf grass, trees, meandering sidewalk, and rolling terrain. Trash/ litter abatement.
Railroad frontage north of Fargo
Automatic bubbler-type irrigation, shrubs and tr+A3:F101ees, weed control, plant basin care.
NAME Park Monterey Location
District 90-02
AREA 8,625
Fund 0241
NAME Mansionette Location
District 90-03
AREA 16,425
Fund 0242
NAME Cambridge Homes Frontage
Location
District 01-02
AREA 12,435
Fund 0258
NAME
Cambridge Homes Railroad
Frontage
Location
District 01-02
AREA 22,790
Fund 0258
NAME
Majesty /Cambridge
Homes Frontage
Location
District 04-02
AREA 55,384
Fund 0264
NAME
Majesty /Cambridge
Homes Basin Forntage
Location
District 04-02
AREA 8,440
Fund 0264
NAME Vintage Estates Location
District 93-01
AREA 16,980
Fund 0247
NAME
Vineyards- Cambridge
Homes Frontage
Location
District 04-03
AREA 70,290
Fund 0265
Quadrant 2
Fitzgerald Ln and Fargo Ave to include inlets at
Muscat, Semillion, Burgandy and Syrah
Turf, accent plants, shrubs, trees; automatic spray-type irrigation system; meandering sidewalk.
Douty to Flint &11th Ave
Turf, accent plants, shrubs, trees, irrigation system, meandering, and straight sidewalks.
Pioneer WY, Harold Griswold WY, Johnua St
Trees, shrubs, accent plants, irrigation system.
N 12th Ave
Turf, accent plants, ground covers, vines, shrubs, trees; irrigation system; no sidewalk; maintain d.g. surface frontage in a weed-free condition.
N Douty Ave
Turf, accent plants, ground covers, shrubs, hedges, roses, trees; irrigation system; meandering sidewalk. All hedges are to be maintained to a height no greater than 5 feet.
N 11th Ave
Turf, accent plants, ground cover, trees, shrubs, Irrigation system, meandering sidewalk.
Railroad Frontage
Shrubs, trees, weed control, plant basin, irrigation system.
N Douty Ave
Turf, accent plants, ground covers, shrubs, hedges, trees; irrigation system; meandering sidewalk. All hedges are to be maintained to a height no greater than 5 feet.
NAME
Vineyards- Cambridge
Homes- Park
Location
District 04-03
AREA 77,548
Fund 0265
NAME
Vineyards- Cambridge
Railroad Frontage
Location
District 04-03
AREA 19,929
Fund 0265
NAME Copper Valley Location
District 05-02
AREA 44,126
Fund 0268
NAME Victory Estates Location
District 09-01
AREA 7,077
Fund 0270
NAME Cielo En Tierra Location
District 92-02
AREA 11,735
Fund 0246
NAME Pacific Grove Frontage Location
District 01-01
AREA 8,622
Fund 0257
NAME
Pacific Grove Basin
Frontage
Location
District 01-01
AREA 3,530
Fund 0257
NAME LeParc Frontage Location
District 03-01
AREA 8,770
Fund 0262
NAME LeParc Railroad Frontage
Location
District 03-01
AREA 21,858
Fund 0262
Railroad frontage S of Fargo
Trees, shrubs, irrigation system.
W. Grangeville Blvd and Fitzgerald Ln
Turf, ground cover, shrubs, trees, automatic spray-type irrigation, meandering sidewalk.
W. Grangeville Blvd and Fitzgerald Ln
Ground cover, shrubs, trees, automatic spray-type irrigation, frontage sidewalk. All hedges to be maintained to a height no greater than 5 feet.
Fargo Ave and Glacier Way
Turf, accent plants, shrubs, trees, irrigation, meandering sidewalk.
Small entryway median with trees and accent plants.
Fargo Ave/12th Ave/Saneiovese St
Turf, trees, shrubs, accent plants, ivy on the wall; two entryway medians with trees, accent plants; meandering and straight sidewalks; irrigation system.
University St and Berkshire St
Trees, shrubs, accent plants, ivy on the wall; straight sidewalks, irrigation system
W Fargo Ave
Turf, accent plants, vines, palms, hedges, ground covers; irrigation system; meandering sidewalk.
W Semillon St & Syrah PL
Turf, shrubs, accent plants, meandering sidewalk, irrigation system Approx 420 ft south of Fargo Ave to Courtner St
Trees, shrubs, weed control, irrigation system.
NAME Pacific Grove 2 Location
District 19-01
AREA 12,152
Fund 0279
12 th Ave & Bristol, Bristol & Pleasnt Wy
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
NAME Silver Oaks Frontage Location
District 01-04
AREA 95,556
Fund 0260
NAME Silver Oaks Addition Location
District 15-01
AREA 29,985
Fund 0274
NAME Silver Oaks Park Location
District 15-01
AREA 112,971
Fund 0274
NAME Woodside Location
District 16-01
AREA 16,628
Fund 0276
NAME Bella Vista Park Location
District 18-01
AREA 96,460
Fund 0278
NAME Bella Vista Frontage Location
District 18-01
AREA 62,285
Fund 0278
NAME Bonnaterra Frontage Location
District 18-01
AREA 70,200
Fund 0278
NAME Bonnaterra Basin Location
District 18-01
AREA 8,281
Fund 0278
NAME Bonnaterra Park Location
District 18-01
AREA 113,950
Fund 0278
Quadrant 3
Fargo Ave, Centennial Dr, Devon St
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
Van Gogh & Jules: Dali Wy & Elizabeth Dr
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
Sanjovese St & Napa Dr
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system, and trash/ litter abatement.
Centennial & Grangeville
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
Elizabeth Dr & Vineyard Ct
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
Napa Dr, Sanjovesse St, Centennial Dr
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
W. Grangeville Blvd. Vintage Ave. and Centennial Dr
Centennial Dr and Berkshire Ln.
Turf, accent plants, ground cover, trees, shrubs, irrigation system, meandering sidewalk; entry island.
Birshire W of Centennial
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
Turf, accent plants, ground cover, trees, shrubs, irrigation system, meandering sidewalk; entry islands.
The interior streetscape is part of the total square footage and similar to the frontage; the area includes a portion of Centennial Dr.
NAME Woodside II Location
District 20-01
AREA 54,550
Fund 0281
NAME Woodside II Park Location
District 20-01
AREA 88,862
Fund 0281
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, irrigation system, and trash/ litter abatement.
NAME Hyde park Location
District 90-04
AREA 1,425
Fund 0243
NAME
Sierra Vista/New
Dimensions
Location
District 91-01
AREA 12,974
Fund 0244
NAME Walnut Forest Frontage Location
District 93-02
AREA 12,100
Fund 0248
NAME
Walnut Forest Slough
Frontage
Location
District 93-02
AREA 4,920
Fund 0248
NAME Rosewood Estates Location
District 97-01
AREA 6,300
Fund 0252
NAME Country Crossing Location
District 97-03
AREA 46,415
Fund 0254
NAME Mountain View Estates Location
District 98-02
AREA 30,991
Fund 0256
NAME Ashton Park Location
District 02-01
AREA 63,922
Fund 0261
NAME Sidonia Location
District 04-01
AREA 21,533
Fund 0263
NAME Independence Frontage Location
Quadrant 4
W. Grangeville Blvd
Ground covers, shrubs, trees; automatic spray-type irrigation; frontage sidewalk.
W. Lacey Blvd and Centennial Dr
Turf, ground cover, trees, shrubs, irrigation system, meandering sidewalk, median.
S. 11th Ave at Houston Ave
Ground cover, shrubs, trees, irrigation system, frontage, meandering sidewalk.
W. Hanford-Armona Rd & S 11th Ave
Accent plants, shrubs, hedges, trees; irrigation system; frontage sidewalk. All hedges are to be maintained to a height no greater than 5 feet.
W Hume Ave
Native plants and ground covers, trees; irrigation system; frontage sidewalk.
Payne Dr
Shrubs, hedges, trees, curb and gutter walk, irrigation system (N. 12th Ave between Lacey and Grangeville Blvd)
Hume Ave
Accent plants, ground cover, trees, shrubs, ivy on the wall, meandering sidewalk, irrigation system
12th Ave & Greenfield St
Turf, accent plants, ground cover, trees, shrubs, irrigation system; entry island. The interior streetscape is part of the total footage and similar to the frontage; the area includes a portion of Centennial Drive
Hanford Armona Rd E of 12th Ave
Accent plants and Shrubs, trees, sidewalk and irrigation system
District 09-02
AREA 33,197
Fund 0271
NAME Independence Park Location
District 09-02
AREA 23,055
Fund 0271
NAME Independence II Location
District 14-01
AREA 46,729
Fund 0273
NAME Independence II Location
District 14-01
AREA 76,555
Fund 0273
NAME Greenbrier Location
District 07-02A
AREA 5,808
Fund 0272
NAME Mynderup Location
District 16-02
AREA 43,245
Fund 0277
NAME Mynderup Basin Location
District 16-02
AREA 17,750
Fund 0277
Hanford Armona Rd & Greenbrier: 12 Ave
Accent plants, trees, shrubs, meandering, sidewalk, irrigation system.
Hume Ave & 12th Ave
accent plants, trees, shrubs, meandering, sidewalk, irrigation system.
Sidona St & Acres Wy
accent plants, trees, shrubs, meandering, sidewalk, irrigation system.
Hayward Ave & Cerritos Ave
Turf, shrubs, accent plants, meandering sidewalk, automatic irrigation, rotor and pop-up type heads.
12th Ave & Centennial Dr
Turf, accent plants, trees, shrubs, meandering, sidewalk, irrigation system.
12th Ave & Centennial Dr
Turf, accent plants, trees, shrubs, meandering, sidewalk, irrigation system.
Turf, accent plants, trees, shrubs, meandering, sidewalk, irrigation system.
EXHIBIT "C"
15.F.
AGENDA
STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Approval of Historic Resources Permit HRA0011-23, which includes staff’s recommendation to retroactively approve the placement of stucco on the façade, to place a stone veneer, awnings, and signage on the exterior of the existing noncontributing building at 124 E. Seventh St. (APN 012-041- 006).
RECOMMENDATION:
That the City Council, by motion, adopt Resolution 23-44-R retroactively and conditionally approving Historic Resources Permit HRA0011-23.
BACKGROUND:
PROJECT DESCRIPTION
The property is located within the Historic Overlay Zone, shown below – outlined in red.
The property is designated as a noncontributing building in the Historic Overlay Zone, as shown on the Historic Overlay Zone Map – Attachment 1.
“Noncontributing building” means a structure within a historic district which, in its present condition, does not contribute to the sense of time and place of the immediate area and the district. “Noncontributing building” may include those buildings constructed after the time period featured in a historic district or buildings in which the historical characteristics have been irreparably modified. “Noncontributing building” may also include buildings which, while noncontributing at present, may become contributing through the application of appropriate design criteria.
In accordance with Municipal Code Section 17.48, alterations to the exterior of a building located within the Historic Overlay Zone are required to be approved through a Historic Resources Permit process, by the City Council, regardless of whether the building is considered contributing or noncontributing.
Section 17.48.040
No improvement or exterior architectural feature of any improvement shall be constructed or altered or enlarged which is located in the Historic Overlay District or identified as a historic site outside the District, unless a permit is issued pursuant to the terms of this chapter.
Section 17.48.070
1. A historic resource permit shall be required for any alteration of the exterior features of a building within a designated historic district, or a designated historic building or site, or to construct a new building or improvements upon property within a designated historic district
except as otherwise provided in this Chapter 17.48, the City Council shall determine whether a historic resources permit shall be issued.
Site Description
The structure was constructed in 1963 and features a white, cinder block façade, a large concrete landing with stairs extending from the eastern side of the building, a flat roof, roof-mounted equipment, and a wood overhang with a stucco finish extending over the landing, surrounded by a parking lot for the display of vehicles. The site has been utilized by various used vehicle dealerships since its development. Until recently, the building had been largely unaltered since the establishment of the Historic District in the 1980’s.
Proposal
The applicant proposes to place 800 sq. ft. of stucco and 300 sq. ft. of stone on the façade of the building, as well as locate a metal awning above the existing door and windows to replace the existing overhang, as shown in Attachment 2. In addition, the applicant proposes to place a sign on the building above the awning facing Harris St., as shown in Attachment 3.
In the Historic District, as stated in Section 17.48(C)(1)(a) of the Hanford Municipal Code, “where original old store fronts remain, their appearance should not be altered. Such store fronts should be repaired and preserved.” However, stuccoed surfaces may be permitted on a limited basis. A building permit to place stucco on the façade of the structure was issued prior to this application, and work has already been done. Staff recommends the retroactive approval of stucco on the façade. While there are methods to remove stucco, its removal is not recommended per Section
17.48.150(C)(5)(a)(viii). In addition, the surrounding properties at 112 E. Seventh St., 123 E. Seventh St. and 125 S. Harris St. have been stuccoed. Section 17.48.150(B)(9) states that “contemporary design for alterations and additions to existing buildings, structures or site shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, materials and character of the property, neighborhood or environment.” The addition of stucco does not destroy any significant historical, architectural, or cultural material since the building is designated as a noncontributing building within the Historic Overlay Zone and would be compatible with the façades of neighboring properties.
A stone veneer wainscoting is proposed as the bottom band of the structure. Wainscoting is utilized as an exterior element on several buildings within the Historic Overlay Zone. Generally, stone should not cover a brick surface, as brick is commonly utilized as a façade on numerous buildings within the Historic Overlay Zone. However, the structure has a cinder block façade, which has not been deemed significant to the Historic District. Given the stucco alteration of the façade and the noncontributing status of the site, staff is supportive of the request to have a stone veneer on the building façade. It is recommended that the color of the stone complement the colors of this building and surrounding buildings. As stated in Section 17.48.150(E)(1)(a), “exterior colors should harmonize with other colors on the same building and on the streetscape. Exterior colors should complement the colors of neighboring buildings and should be selected to be mutually supportive and beneficial to the overall historic character of the streetscape." A reddish color, similar in appearance to the red clay tile on the adjacent Salmon’s Furniture Galleries building, would be appropriate.
The existing structure also has a wood overhang with a stucco finish extending across the front entrance of the building that would be replaced by cantilevered metal awnings extending two feet out
from the building, to be located on the street- and alley-facing sides of the structure. Per Section
17.48.150(C)(1)(e), “Canvas awnings are traditional to the historic district and are an acceptable element of store fronts. The size and scale of awnings should be appropriate to the building to which they are attached, based on photographic and documentary evidence. Color choice should be made with discretion. Metal awnings, glass awnings and glass canopies are not in keeping with the prevailing character of the historic district and may be prohibited.” There is no evidence of a canvas awning on this structure, therefore an awning similar in appearance to the existing is more appropriate. However, metal awnings are not in keeping with the prevailing character of the historic district. Staff recommends maintaining the existing material of the awning. Placing additional awnings along the sides of the structure would not increase the nonconforming characteristics of the structure or add to the intrusive character of the structure. If the additional awnings were to be removed in the future, the space shall be covered to match the surrounding wall in composition, design, color, texture, and other visual qualities. Section 17.48.150(B)(10) states that “wherever possible, new additions or alterations to buildings, structures or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure or site would be unimpaired.” It is further recommended that the color of the awnings match the color of the stucco or stone sections of the façade.
A 25-square-foot building sign with internally illuminated channel letters is proposed to be located above the proposed awning and existing building entryway facing Harris St. Signage currently exists on the large, white board facing Harris St. adjacent to 112 E. Seventh St. and on the light poles along Harris St. According to Section 17.48.150(E)(2)(b)(i), “each ground floor tenant may have a maximum of one (1) square foot of signage for each linear foot of business establishment on his/her primary frontage (that portion of the building occupied by the business which faces a street and contains the main entrance), with a twenty-five (25) square foot minimum sign area, regardless of the width of such primary frontage.” Regardless of the width of the building, the site is permitted 25 square feet of signage. However, per Section 17.48.150(E)(2)(a), “each business shall be limited to one (1) primary sign, except those businesses on corners which may have a sign on each street.” There is an existing 64-square-foot primary sign for the business on the large, white board facing Harris St. which functions as the primary sign for the business and provides ample advertisement for the site, as shown in Attachment 4 for Historic Sign Permit No. 2013-09. Based on photographic evidence, there is precedent for maintaining extensive signage on the white board. No evidence for maintaining signage on the building could be found. However, since this business is on a corner, additional signage is permitted on the secondary frontage facing Seventh St. As stated in Section
17.48.150(E)(2)(b)(ii), “each ground floor tenant may have a maximum of one-half (1/2) square foot of signage for each linear foot of secondary frontage (that portion of the building occupied by the business and facing an alley, street, adjacent building, parking lot, or the like).” In addition, one sign located at the entrance attached below the awning not exceeding six square feet per sign face and with a minimum ground clearance of seven feet above the sidewalk grade is permitted and shall not count against the maximum sign area allowed for a business frontage. Staff recommends that the proposed building sign be placed to face Seventh St. and meet the size requirement for signage on a secondary frontage. Additionally, the signs on the light poles were required to be removed as a condition of approval for Historic Sign Permit No. 2013-09. Staff further recommends that the signs on the light poles be removed as required under Historic Sign Permit No. 2013-09. Internal illumination for signage with channel letters has been permitted previously by City Council in the Historic District under Sign Permit No. 2018-46. The colors for the proposed sign appear similar to the colors of the signage on the white board approved under Historic Sign Permit No. 2013-09, Oatlands Violet and Grand Hotel Geranium Pink. Staff recommends that the colors of the sign match the colors approved for the signage under Historic Sign Permit No. 2013-09, or comply with other approved colors in Hanford Municipal Code Section 17.48.
FINDINGS FOR APPROVAL
In accordance with Section 17.48 of the Hanford Municipal Code, staff recommends approval of Historic Resources Permit HRA0011-23 and that the approval of the historic resources permit will allow private investment in the Downtown area, enhance property values, allow the increase of economic and financial benefits to the City and its property owners and inhabitants, and make the following findings:
1. That the proposed rehabilitation of the façade will not impact the Historic Overlay Zone since the building is designated a noncontributing structure.
2. That the proposed project will provide a complementary setting and environment in the Historic District.
3. That the request will not adversely affect the public health, safety, and general welfare of the citizens of Hanford.
RECOMMENDATION – CONDITIONS OF APPROVAL
Staff recommends that the City Council adopt Resolution 23-44-R, approving Historic Resources Permit HRA0011-23, subject to the following conditions:
1. That the applicant adhere to the design criteria for the Historic Overlay Zone, set forth in Section
17.48 of the Hanford Municipal Code.
2. That the color of the stone shall complement the colors of this building and surrounding buildings.
3. That the existing material of the awning is maintained for the new awnings. The color of the awnings shall match the color of the stucco or stone sections of the façade.
4. That the proposed building sign be placed to face Seventh St. and have a maximum size of onehalf (1/2) square foot for each linear foot of secondary frontage.
5. That the signs on the light poles be removed as required under Historic Sign Permit No. 2013-09.
6. That the colors of the sign match the colors approved for the signage under Historic Sign Permit No. 2013-09, or comply with other approved colors in Hanford Municipal Code Section 17.48.
7. That approval of this project does not exempt compliance with all applicable sections of the Zoning Ordinance, Public Works Improvement Standards, fees, or other City Ordinances.
8. That the alterations to the site be completed in accordance with the proposed changes. Future changes may be approved by the Community Development Director or forwarded to the City Council for review.
Applicant/Property Owner:
Dann Harrison
31551 Rio Ct.
Visalia, CA 93292
FISCAL IMPACT:
ATTACHMENTS:
1. Resolution No. 23-44-R
2. Attachment 1 - Historic Overlay Zone and Properties
3. Attachment 2 - Elevation
4. Attachment 3 - Proposed Sign
5. Attachment 4 - HR 2013-09 (520-0079)
6. Notice of Exemption No. 2023-102
RESOLUTION 23-44-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD APPROVING HISTORIC RESOURCES PERMIT HRA0011-23, WHICH
INCLUDES STAFF’S RECOMMENDATION TO RETROACTIVELY APPROVE THE PLACEMENT OF STUCCO ON THE FAÇADE, TO PLACE A STONE
VENEER, AWNINGS, AND SIGNAGE ON THE EXTERIOR OF THE EXISTING NONCONTRIBUTING BUILDING AT 124 E. SEVENTH ST. (APN 012-041-006).
At a regular meeting of the City Council of the City of Hanford duly called and held on December 5, 2023, at 7:00 p.m. in the Council Chambers of the Civic Auditorium, it was moved by Council Member ____________, and seconded by Council Member ____________, and duly carried, that the following resolution be adopted:
WHEREAS, an application, filed by Dann Harrison for Historic Resources Permit HRA0011-23, as shown in Exhibit A, was presented to the City Council; and WHEREAS, the proposed project is located at 124 E. Seventh St. (APN 012-041-006); and
WHEREAS, the City Council of the City of Hanford, at a regular meeting on December 5, 2023, reviewed the request for Historic Resources Permit HRA0011-23; and WHEREAS, Section 15301 of the California Environmental Quality Act Guidelines categorically exempts “Existing Facilities” from Environmental Review; and WHEREAS, the City Council of the City of Hanford reviewed the application for the Historic Resources Permit HRA0011-23 and found that the application is consistent with Section
17.48 of the Hanford Municipal Code, that the approval of the historic resources permit will allow private investment in the Downtown area, enhance property values, allow the increase of economic and financial benefits to the City and its property owners and inhabitants, and make the following findings:
1. That the proposed rehabilitation of the façade will not impact the Historic Overlay Zone since the building is designated a noncontributing structure.
2. That the proposed project will provide a complementary setting and environment in the Historic District.
3. That the request will not adversely affect the public health, safety, and general welfare of the citizens of Hanford.
THEREFORE, BE IT RESOLVED that the City Council of the City of Hanford hereby approves Historic Resources Permit HRA0011-23, subject to the following conditions:
1. That the applicant adhere to the design criteria for the Historic Overlay Zone, set forth in Section 17.48 of the Hanford Municipal Code.
2. That the color of the stone shall complement the colors of this building and surrounding buildings.
3. That the existing material of the awning is maintained for the new awnings. The color of the awnings shall match the color of the stucco or stone sections of the façade.
4. That the proposed building sign be placed to face Seventh St. and have a maximum size of one-half (1/2) square foot for each linear foot of secondary frontage.
5. That the signs on the light poles be removed as required under Historic Sign Permit No. 2013-09.
6. That the colors of the sign match the colors approved for the signage under Historic Sign Permit No. 2013-09, or comply with other approved colors in Hanford Municipal Code Section 17.48.
7. That approval of this project does not exempt compliance with all applicable sections of the Zoning Ordinance, Public Works Improvement Standards, fees, or other City Ordinances.
8. That the alterations to the site be completed in accordance with the proposed changes.
Future changes may be approved by the Community Development Director or forwarded to the City Council for review.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Hanford hereby approves Historic Resources Permit HRA0011-23. Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on December 5, 2023, by the following vote:
AYES: _______________________________________________________________________ NOES: _______________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ APPROVED: __________________________
TRAVIS PADEN
MAYOR of the City of Hanford
ATTEST:
NATALIE CORRAL
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss
CITY OF HANFORD )
I, NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 5
th day of December, 2023.
Date: _________________
NATALIE CORRAL
CITY CLERK
Exhibit A
Elevations
Historic Overlay Zone and Properties
C C
C
C
C
C C
C
C
C
N
C
C
C
C
C
C
N
N N N
N C
N N
N
C
N
N
N
N
N N C
N
N N N
N N
C
C C
C
N N N N
N N
N
C
N N N N
N
C
C
C
N N
N
C
C N C C
N
N
C C N
N
N
N
N
C
C
NNN C
N
C C C
C
C
C C
N
C
C
C
C
C
C
C C
C
C
C C
C
C C
C C C C
Legend
- Historic Overlay Zone
- Historic Properties
C - Contributing Buildings
N - Noncontributing Buildings
Notice of Exemption 2023-102
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
County Clerk
County of Kings
Kings County Government Center
Hanford, CA 93230
From: City of Hanford
317 North Douty Street
Hanford, CA 93230
Project Title: Historic Resources Permit HRA0011-23
Project Location – 124 E. Seventh St. (APN 012-041-006) Project Location – City: Hanford Project Location – County: Kings County Description of Nature, Purpose and Beneficiaries of Project: Approval of Historic Resources Permit HRA0011-23, which includes staff’s recommendation to retroactively approve the placement of stucco on the façade, to place a stone veneer, awnings, and signage on the exterior of the existing noncontributing building at 124 E. Seventh St. (APN 012- 041-006).
Name of Public Agency Approving Project: City of Hanford______________ Name of Person or Agency Carrying Out Project: _______Dann Harrison Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 152698);
Declared Emergency (Sec. 21080(b)(3); 15269 (a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption: State type and section number: 15301 Existing Facilities Statutory Exemption. State code number:
Reasons why project is exempt:
The City of Hanford determined the project to be exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 states that Class 1 exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
This project involves the minor alteration of an existing private structure, involving negligible or no expansion of the existing or former use.
Lead Agency
Contact Person: Mark Manha Area Code/ Telephone: (559) 585-2583 Signature: Date: December 5, 2023 Title: Associate Planner Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
15.G.
AGENDA
STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Approval of an increase in the Appropriation of $35,767.73, from the Water Capital Reserves Fund, to fund the purchase of a utility service truck.
RECOMMENDATION:
Recommendation:
Appropriate $35,767.73 from the Water Capital Reserves Fund (0391) for PO 22200646 for the purchase of a utility service truck.
Recommended Motion:
I move to appropriate $35,768.73 from Water Capital Reserves Fund (0391) for PO 22200646 for the purchase of a fully equipped utility service truck.
BACKGROUND:
PO 22200646 was issued December 9, 2021, in an effort to replace Utilities Service Truck 233, which is equipped with a utility bed, crane, generator and welder that is used for routine and emergency repairs of city-owned water lines. Truck 233 is a vital piece of equipment for our water operations and is used daily. At the time, the quote for the replacement truck was $112,851.02. Recently, the truck was assigned a VIN number and is set to go into production on November 20, 2023, nearly two years later. Due to the extreme delay in manufacturing of the vehicle and the inflation of parts and labor, the price has increased to $148,619.75, that is $35,768.73 above the current PO.
Truck 233 meets proposed replacement requirements and has a replacement score of 88. The truck in question is a 2009 F-550 with 138,492 miles on it and has a repair cost of $54,783. Staff believes that the truck has exceeded its useful life and warrants replacement. As of November 2023, Water Capital & Reserves Fund (0391) held approximately $10,645,255, which can support the additional cost.
FISCAL IMPACT:
Water Capital Reserves Fund (0391) currently has a balance of approximately $10,645,255 and will be able to support an appropriation of $35,768.73 to fully fund PO 22200646.
ATTACHMENTS:
1. PO 22200646
2. Updated Keller Quote
15.H.
AGENDA
STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Approve the sole source purchase of three (3) front load refuse trucks from Rucksteel in Fresno, CA, and appropriation of $1,373.008.01 from the Refuse Capital Reserves Fund (0307) to fund the purchase.
RECOMMENDATION:
Recommendation: Approve the sole source purchase of three front load refuse trucks from Rucksteel in Fresno, CA and appropriation in the Refuse Capital Reserves Fund (0307) for the amount of $1,373.008.01.
Recommended Motion: That, by motion, city council approves.
1.Authorize the sole source purchase of three front load refuse trucks from Rucksteel of Fresno, CA for the amount of $1,373,008.01
2. Declare trucks 159, 343 and 147 surplus and approve the sale of said trucks.
3. Appropriate $1,373,008.01 from Refuse Capital Reserves Fund (0307) to fully fund the purchase.
BACKGROUND:
The California Air Resources Board, in an effort to improve air quality in California, passed several regulations that require the replacement of heavy duty vehicles. Per the Air Resources Board states, heavy cranes, which refuse trucks fall under, will need to phase-in 2010 or newer model year engines from 2019-2027. The phase-in schedule provides that as of January 1, 2022, 50% of the Heavy Crane fleet must meet the upgrade requirements, which increase to 10% per year until January 2027, when 100% of the fleet must meet the upgrade requirement. If the City does not comply with regulations, there could be hefty fines for continually operating the outdated trucks without achieving temporary waivers.
The City of Hanford currently has four (4) trucks that will be unable (due to the State regulations) to operate as of January 1, 2023, unless the City is under contract to purchase trucks that meet the requirements. The City must apply to the State for a waiver to operate the old trucks until the new ones arrive. Removing three trucks from daily operations will drastically hinder daily operations and increase the need for overtime to cover these routes. The City currently has one truck that has been ordered, by ordering these three (3) additional trucks, the City will achieve compliance until 2025.
A sole source purchase authorization is recommended due to timeliness of this order to be in place and due to the Rucksteel's familiarity with the City of Hanford's refuse fleet and ability to have the chassis needed in a timely fashion.
FISCAL IMPACT:
The Fleet Reserve Fund has collected $200,529 for Refuse truck 343, $245,990 for Refuse truck 342 and $241,970 for refuse truck 159 for a total of $688,489.00. These funds will be transferred to the Refuse Capital Reserves Fund. An appropriation from the Refuse Capital Reserves Fund (0307) for the amount of $1,373,008.01 is needed for the purchase.
Refuse Capital & Reserves (0307) has a balance of approximately $1,222,144.00 dollars and can support the purchase with the transfer from Fleet Reserve Fund.
ATTACHMENTS:
1. Rucksteel Quote
2. Refuse Front Load Specifications
15.I.
AGENDA
STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Acceptance and authorization for staff to File the City of Hanford's Quarterly Investment Portfolio and Transactions Reports as of 09/30/2023.
SUBJECT: Acceptance and authorization for staff to file the City of Hanford's Quarterly Investment Portfolio and Transactions Reports as of 09/30/2023.
RECOMMENDATION: That the City Council accept and authorize staff to file the City of Hanford's Quarterly Investment Portfolio and Transactions Report as of 9/30/2023.
RECOMMENDED MOTION: I move that the City Council accept and authorize staff to file the City of Hanford's Quarterly Investment Portfolio and Transactions Report as of 9/30/2023.
BACKGROUND: Quarterly Investment Report. The City has approximately $112.5 million in investments and cash as of 9/30/2023.
Recent Activity. The City actively maintains its Wells Fargo cash accounts at a minimum of $2.5 million. Typically, idle cash beyond the necessary $2.5 million minimum cash needed for operations is invested into the local government pools such as LAIF. LAIF is currently outperforming the Tulare County Pool by 0.53%. However, in this period there were limited additional investments into the local government pools nor any purchased securities as more liquidity was needed to fund an anticipated major purchase and fiscal operations.
Current Investment Environment. The Federal Reserve has taken no action from the last reporting period to the current. The policymakers held interest rates steady at it’s early November meeting. The Federal Fund rates have remained steady between a range of 5.25% and 5.50% since July 2023.
There is no decrease of rates on the immediate horizon. The Federal Open Market Committee will render its next interest rate decision in mid-December. (USBank) The 10-year Treasury Note interest is currently at 4.27%, a slight bump from the last reporting period.
At the same time last year, the rate was lower at 3.75%.
Proposed Actions. The City will continue using funds from matured securities to re-invest in 2–3-year securities as it has been for the last couple of years. Operations will be monitored for financial needs and when available any large sums of idle cash can be invested. With the City’s practice of investing in government pools and shorter-term securities, there is always availability for quick liquidity if any unexpected financial event were to occur.
Summary. The primary purpose of the City’s cash is to provide residents of Hanford with services. In order to maximize the earnings potential on the City’s idle cash, the City utilizes registered securities dealers to purchase low-risk investments which will provide a higher return versus allowing the cash to be held in savings accounts earning little to no interest. Additionally, idle cash is also held with government pools, including the Tulare County Investment Pool and the State of California LAIF. It is the policy of the City to invest public funds in a manner that will provide a high investment return with a high level of security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds FISCAL IMPACT: This item is informational. Investing the City's cash will generate continual interest earnings on the investment portfolio.
ATTACHMENTS:
1. Quarterly Investment Detail Report 09.30.23
2. Quarterly Transactions Report 07.01.23-09.30.23
3. Quarterly Treasurer's Report 09.30.23
ATTACHMENTS:
1. Quarterly Investment Detail Report 09.30.23
2. Quarterly Transactions Report 07.01.23-09.30.23
3. Quarterly Treasurer's Report 09.30.23
Description CUSIP/Ticker Security Sector Settlement Date YTM @ Cost Face Amount/Shares Cost Value Market Value Maturity Date Days To Maturity % of Portfolio Bank Baroda NY 0.65 7/22/2025 06063HMT7 Certificate Of Deposit 7/22/2020 0.650 198,000.00 198,000.00 181,257.12 7/22/2025 661 0.18Bank of New York Mellon 1.6 4/24/2025-25 06406RAN7 Corporate 5/13/2020 1.216 1,000,000.00 1,018,368.00 937,200.00 4/24/2025 572 0.89Barclays Bank 5 6/6/2025 06740KRQ2 Certificate Of Deposit 6/7/2023 5.000 250,000.00 250,000.00 247,515.00 6/6/2025 615 0.22BMO Harris Bank IL 0.5 3/28/2025-21 05600XAY6 Certificate Of Deposit 9/28/2020 0.500 249,000.00 249,000.00 230,713.44 3/28/2025 545 0.22Capital Bank 4.65 11/8/2024 139805AX3 Certificate Of Deposit 11/9/2022 4.650 250,000.00 250,000.00 247,215.00 11/8/2024 405 0.22Capital One 4.8 11/3/2025 14042RVH1 Certificate Of Deposit 11/2/2022 4.800 250,000.00 250,000.00 246,265.00 11/3/2025 765 0.22Caterpillar Financial 3.75 12/24/2023 14912L5X5 Corporate 11/23/2020 0.466 1,000,000.00 1,100,500.00 997,600.00 12/24/2023 85 0.89Citadel Federal PA 1.65 2/27/2025 17286TAG0 Certificate Of Deposit 2/27/2020 1.650 250,000.00 250,000.00 236,465.00 2/27/2025 516 0.22Citbank National SD 3.55 11/24/2023 17312QW47 Certificate Of Deposit 11/23/2018 3.550 250,000.00 250,000.00 249,272.50 11/24/2023 55 0.22Citibank NA 3.65 1/23/2024-23 17325FAS7 Corporate 5/22/2020 1.183 1,000,000.00 1,088,310.00 993,120.00 1/23/2024 115 0.89Continental Bank UT 0.55 6/26/2025 211163KK5 Certificate Of Deposit 6/26/2020 0.550 175,000.00 175,000.00 160,473.25 6/26/2025 635 0.16Direct Federal CDT Union 4.7 11/3/2025 25460FDU7 Certificate Of Deposit 11/3/2022 4.700 250,000.00 250,000.00 245,750.00 11/3/2025 765 0.22Enerbank UT 0.5 8/29/2025 29278TRA0 Certificate Of Deposit 8/31/2020 0.500 245,000.00 245,000.00 222,384.05 8/29/2025 699 0.22FHLB 0.5 10/4/2024-22 3130AP4G7 US Agency 10/4/2021 0.500 1,000,000.00 1,000,000.00 950,380.00 10/4/2024 370 0.89FHLB 0.5 9/24/2024-21 3130ALKN3 US Agency 3/24/2021 0.500 2,000,000.00 2,000,000.00 1,903,180.00 9/24/2024 360 1.78FHLB 0.57 10/15/2024-22 3130ALWW0 US Agency 4/15/2021 0.570 1,000,000.00 1,000,000.00 949,710.00 10/15/2024 381 0.89FHLB 5.125 5/28/2026-24 3130AWAA8 US Agency 5/30/2023 5.125 1,000,000.00 1,000,000.00 985,400.00 5/28/2026 971 0.89FHLB 5.5 11/24/2025-23 3130AWBD1 US Agency 6/1/2023 5.500 2,000,000.00 2,000,000.00 1,978,300.00 11/24/2025 786 1.78FHLB Step 1/27/2025-22 3130AQML4 US Agency 1/27/2022 1.370 325,000.00 325,000.00 309,325.25 1/27/2025 485 0.29FHLMC 5.32 6/6/2025-24 3134GYTM4 US Agency 6/6/2023 5.320 1,000,000.00 1,000,000.00 991,620.00 6/6/2025 615 0.89First Choice Bank CA 0.4 9/30/2025-21 319461DB2 Certificate Of Deposit 9/30/2020 0.400 249,000.00 249,000.00 224,627.88 9/30/2025 731 0.22First National Bank TX 1.8 12/30/2024 32112UDJ7 Certificate Of Deposit 12/30/2019 1.800 250,000.00 250,000.00 238,327.50 12/30/2024 457 0.22First Technology Federal 5.1 6/16/2025 33715LFK1 Certificate Of Deposit 6/16/2023 5.100 250,000.00 250,000.00 247,902.50 6/16/2025 625 0.22Greenstate Credit Union 0.5 7/30/2024 39573LBQ0 Certificate Of Deposit 7/30/2021 0.500 250,000.00 250,000.00 239,537.50 7/30/2024 304 0.22Horizon Bk 4.75 11/8/2024 44042WCG0 Certificate Of Deposit 11/8/2022 4.750 250,000.00 250,000.00 247,490.00 11/8/2024 405 0.22Insight4.6 5/2/2025 45791JAA4 Certificate Of Deposit 11/2/2022 4.600 250,000.00 250,000.00 246,090.00 5/2/2025 580 0.22John Deer Capital 2.6 3/7/2024 24422EUX5 Corporate 5/15/2020 1.160 700,000.00 737,464.00 691,089.00 3/7/2024 159 0.62Jonesboro State Bank LA 0.8 5/29/2025-20 48040PGX7 Certificate Of Deposit 5/29/2020 0.800 249,000.00 249,000.00 229,946.52 5/29/2025 607 0.22Live Oak Bank 0.5 12/11/2023 538036TF1 Certificate Of Deposit 12/10/2021 0.500 250,000.00 250,000.00 247,550.00 12/11/2023 72 0.22Luana Savings Bank IA 0.45 7/29/2025 549104RJ8 Certificate Of Deposit 7/29/2020 0.450 250,000.00 250,000.00 227,792.50 7/29/2025 668 0.22Medallion Bank UT 0.55 7/30/2025 58404DHQ7 Certificate Of Deposit 7/30/2020 0.550 250,000.00 250,000.00 228,020.00 7/30/2025 669 0.22Merrick Bank UT 1.85 12/31/2024 59013KEP7 Certificate Of Deposit 12/31/2019 1.850 250,000.00 250,000.00 238,480.00 12/31/2024 458 0.22Partners Bank AK 0.6 6/30/2025 70212VAB4 Certificate Of Deposit 6/30/2020 0.600 250,000.00 250,000.00 229,137.50 6/30/2025 639 0.22Pentagon Federal Credit Union 0.55 9/30/2024 70962LAR3 Certificate Of Deposit 9/29/2021 0.550 250,000.00 250,000.00 237,480.00 9/30/2024 366 0.22Sallie Mae Bank UT 1.9 10/30/2024 7954504Z5 Certificate Of Deposit 10/30/2019 1.900 100,000.00 100,000.00 96,021.00 10/30/2024 396 0.09State Bank of India GA 0.95 6/26/2025 856283N69 Certificate Of Deposit 6/26/2020 0.950 250,000.00 250,000.00 229,875.00 6/26/2025 635 0.22Synchrony Bank 0.9 12/10/2024 87165HK41 Certificate Of Deposit 12/10/2021 0.900 250,000.00 250,000.00 236,330.00 12/10/2024 437 0.22Texas Exchange Bank TX 0.5 7/30/2024 88241TLS7 Certificate Of Deposit 7/30/2021 0.500 249,000.00 249,000.00 238,579.35 7/30/2024 304 0.22Toyota Motor Credit 0.45 1/11/2024 89236THU2 Corporate 9/20/2021 0.450 1,000,000.00 1,000,000.00 985,500.00 1/11/2024 103 0.89United Heritage 4.75 11/4/2025 91334AAE3 Certificate Of Deposit 11/4/2022 4.750 250,000.00 250,000.00 245,992.50 11/4/2025 766 0.22Sub Total / Average Brokerage | Higgins Capital 2.139 19,739,000.00 19,983,642.00 19,068,914.36 472 17.54Ally Bank5.15 12/9/2024 02007GN90 Certificate Of Deposit 6/8/2023 5.150 250,000.00 250,000.00 248,475.00 12/9/2024 436 0.22Austin Telco FCU 4.95 7/26/2024 052392CL9 Certificate Of Deposit 1/27/2023 4.950 250,000.00 250,000.00 248,630.00 7/26/2024 300 0.22Bank Hapoalim BM NY 5.2 12/9/2024 06251A5Q9 Certificate Of Deposit 6/9/2023 5.200 250,000.00 250,000.00 248,617.50 12/9/2024 436 0.22FFCB 4.92 1/12/2026 3133ENR77 US Agency 12/7/2022 4.920 1,000,000.00 1,000,000.00 983,810.00 1/12/2026 835 0.89FHLB 5 12/12/2024 3130ATXG7 US Agency 12/12/2022 5.000 1,000,000.00 1,000,000.00 991,310.00 12/12/2024 439 0.89FHLB 5.5 11/24/2025-23 3130AW5T3 US Agency 6/1/2023 5.500 1,000,000.00 1,000,000.00 991,170.00 11/24/2025 786 0.89FHLMC 5.3 2/27/2026-23 3134GYJB9 US Agency 5/26/2023 5.300 2,000,000.00 2,000,000.00 1,975,900.00 2/27/2026 881 1.78FHLMC 5.3 5/15/2025-23 3134GYRH7 US Agency 5/26/2023 5.300 1,000,000.00 1,000,000.00 991,360.00 5/15/2025 593 0.89First Carolina Bank 5.25 7/15/2024 31944MCU7 Certificate Of Deposit 6/14/2023 5.250 250,000.00 250,000.00 249,282.50 7/15/2024 289 0.22General Electric Credit Union 5 1/30/2024 369674CG9 Certificate Of Deposit 1/30/2023 5.000 250,000.00 250,000.00 249,625.00 1/30/2024 122 0.22IC Federal Credit Union 5 6/10/2024 44931EAD3 Certificate Of Deposit 12/9/2022 5.000 240,000.00 240,000.00 239,059.20 6/10/2024 254 0.21Liberty Fed Credit Union 4.9 12/9/2024 53052LAE9 Certificate Of Deposit 12/9/2022 4.900 250,000.00 250,000.00 247,762.50 12/9/2024 436 0.22Sunset Science Park FCU 5 12/14/2023 86777TAA4 Certificate Of Deposit 12/14/2022 5.000 250,000.00 250,000.00 249,772.50 12/14/2023 75 0.22Trustone Financial CU 5 12/14/2023 89841MAM9 Certificate Of Deposit 12/14/2022 5.000 250,000.00 250,000.00 249,772.50 12/14/2023 75 0.22Valley Strong 4.9 1/31/2024 920133AM7 Certificate Of Deposit 1/31/2023 4.900 250,000.00 250,000.00 249,542.50 1/31/2024 123 0.22WESTERN ALLIANCE BK PHOENIX 5.25 5/24/2024 95763PMY4 Certificate Of Deposit 5/26/2023 5.250 250,000.00 250,000.00 249,367.50 5/24/2024 237 0.22Zions Bank Corp 5.2 12/6/2024 98970LFU2 Certificate Of Deposit 6/7/2023 5.200 250,000.00 250,000.00 248,612.50 12/6/2024 433 0.22Sub Total / Average Brokerage | Multi-Bank Securities 5.169 8,990,000.00 8,990,000.00 8,912,069.20 580 7.99FHLB 2.3 3/28/2025-22 3130AREM9 US Agency 3/28/2022 2.300 250,000.00 250,000.00 238,731.19 3/28/2025 545 0.22Goldman Sachs 0.6 12/15/2023 38149MQ22 Certificate Of Deposit 12/15/2021 0.600 224,000.00 224,000.00 221,702.60 12/15/2023 76 0.20IADB 0.25 11/15/2023 4581X0DP0 Corporate 11/24/2021 0.586 500,000.00 496,710.00 496,903.85 11/15/2023 46 0.44IFC 0.61 11/24/2023 45950VQS8 Corporate 11/24/2021 0.570 1,000,000.00 1,000,790.00 992,458.22 11/24/2023 55 0.89State Bank of India 0.55 11/29/2023 856285YX3 Certificate Of Deposit 11/29/2021 0.550 250,000.00 250,000.00 247,947.06 11/29/2023 60 0.22Wells Fargo Securities MM WFMM5968 Money Market 11/3/2021 5.250 2,875.00 2,875.00 2,875.00 N/A 1 0.00Sub Total / Average Brokerage | Wells Fargo Securities 0.775 2,226,875.00 2,224,375.00 2,200,617.92 111 1.98Local Agency Investment Fund LGIP LAIF6352 Local Government Investment Pool 2/28/2009 3.534 22,221,767.39 22,221,767.39 22,221,767.39 N/A 1 19.75Sub Total / Average LGIP | LAIF 3.534 22,221,767.39 22,221,767.39 22,221,767.39 1 19.75Tulare County Pool LGIP TULARE860 Local Government Investment Pool 5/5/2017 3.005 47,066,781.13 47,066,781.13 47,066,781.13 N/A 1 41.83Sub Total / Average LGIP | Tulare County 3.005 47,066,781.13 47,066,781.13 47,066,781.13 1 41.83Umpqua MM MM7248 Money Market 8/19/2022 0.010 4,000,437.19 4,000,437.19 4,000,437.19 N/A 1 3.56Sub Total / Average Umpqua Bank 0.010 4,000,437.19 4,000,437.19 4,000,437.19 1 3.56LGIP | Tulare CountyUmpqua BankCity of HanfordQuarterly Investment Detail ReportAs of 9/30/2023Brokerage | Higgins CapitalBrokerage | Multi-Bank SecuritiesBrokerage | Wells Fargo SecuritiesLGIP | LAIF
US Bank Cash USBANK Cash 10/31/2022 0.000 413,129.94 413,129.94 413,129.94 N/A 1 0.37 Sub Total / Average US Bank Custodian | Fixed Assets 0.000 413,129.94 413,129.94 413,129.94 1 0.37Wells Fargo | General Account Cash WFGENERAL5186 Cash 10/31/2007 0.000 412,163.00 412,163.00 412,163.00 N/A 1 0.37Wells Fargo | Self Insurance Cash WFSELFINS1892 Cash 6/30/2020 0.000 186,078.50 186,078.50 186,078.50 N/A 1 0.17Wells Fargo | Sweep Cash WFSWEEP5186 Cash 6/30/2020 0.000 7,249,580.68 7,249,580.68 7,249,580.68 N/A 1 6.44Sub Total / Average Wells Fargo | Operating Accounts 0.000 7,847,822.18 7,847,822.18 7,847,822.18 1 6.98Total / Average 2.759 112,505,812.83 112,747,954.83 111,731,539.31 132 100US Bank Custodian | Fixed AssetsWells Fargo | Operating Accounts
Description CUSIP/Ticker Settlement Date Face Amount/Shares Principal Total Portfolio Name Local Agency Investment Fund LGIP LAIF6352 8/31/2023 2,000,000.00 2,000,000.00 2,000,000.00 LGIP | LAIFNebraska State Bank NE 1 9/29/2023 63970BAK5 9/29/2023 250,000.00 250,000.00 250,000.00 Brokerage | Higgins CapitalLocal Agency Investment Fund LGIP LAIF6352 9/30/2023 7,000,000.00 7,000,000.00 7,000,000.00 LGIP | LAIFLocal Agency Investment Fund LGIP LAIF6352 7/31/2023 4,000,000.00 4,000,000.00 4,000,000.00 LGIP | LAIFWithdrawCity of HanfordQuarterly Transactions Report07/01/23-09/30/23DepositMatured
CITY OF HANFORD, CALIFORNIA
Treasurer's Report
September 30, 2023
Performance
Weighted Average Yield 2.767%
Diversification | Security Sector % of Portfolio YTM @Cost Days to Maturity Face Amount / Shares Cost Value Market Value Cash 7.39% 0.00% 1 8,260,952 8,260,952 8,260,952
Money Market 3.58% 0.01% 1 4,003,312 4,003,312 4,003,312 Local Government Investment Pool 62.01% 3.18% 1 69,288,549 69,288,549 69,288,549 Certificate of Deposit | Negotiable 8.81% 2.96% 426 10,178,000 10,178,000 9,844,659 Corporate Bonds 5.45% 0.80% 168 6,200,000 6,442,142 6,093,871 US Agency Bonds 12.75% 3.87% 644 14,575,000 14,575,000 14,240,196
99.99% 2.767% 129 112,505,813 112,747,955 111,731,539
7.39%
3.58%
62.01%
8.81%
5.45%
12.75% 09/30/2023
CashMoney MarketLocal Government Investment PoolCertificate of Deposit | NegotiableCorporate BondsUS Agency Bonds
15.J.
AGENDA
STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Approval of the annual contract renewal with Integrated Avian Solutions to continue to provide Falconer services in Downtown Hanford, for an amount not to exceed $53,600 for Calendar Year 2024.
RECOMMENDATION:
Recommendation: That the City Council consider the contract proposal and, if approved, authorize the City Manager to renew the annual contract with Integrated Avian Solutions for an amount not to exceed $53,600, and approve an appropriation of $33,600.00 from the Central Parking and Improvement Fund and $20,000 from the General Fund to cover the expenditure.
BACKGROUND:
This renewal contract is offered for the same contract price as 2023. Several years of providing the service have allowed the contractor to maintain an efficient schedule and continue to provide services at the same overall cost.
Large concentrations of American crows gather to roost in downtown Hanford year-round, reaching the highest numbers in the fall and winter. They come from the surrounding agricultural areas and residential neighborhoods to begin assembling just before sunset. The birds eventually settle in to roost in street trees and on power lines, and during the course of the night, leave an unsightly and unhygienic mess on the sidewalks, benches, restaurant tables, lamp posts, parked vehicles, and everything else beneath them. Pressure washing can be cost-prohibitive and does not address the root of the problem. With the growth of the Thursday Night Market Place into the Civic Park and the hugely successful Winter Wonderland, the City now has two signature events in the downtown that span 9 months out of the year. Those events amplify the need to keep the crows from roosting in the downtown area.
Up until 2020, the approach to dealing with a growing Crow problem in the Downtown had been largely reactive. Through the efforts of the Main Street Hanford organization, they were able to work with the Falconer to dramatically reduce the crow population in downtown Hanford. Main Street Hanford continues to support the Crow Abatement and its members are very supportive of the service as well.
Past results have proven that a year-long program with the firm Integrated Avian Solutions would be advantageous in relocating the Crow population to a more appropriate roosting and nesting environment away from local businesses.
FISCAL IMPACT:
ATTACHMENTS:
1. Hanford Crow Proposal 2024
HAWK ON HAND
F a l c o n r y S e r v i c e s, B i r d C o n t r o l, E d u c a t i o n w w w . h a w k o n h a n d . c o m
B I R D A B A T E M E N T P R O P O S A L
6 November 2023
PURCHASER
City of Hanford
PURCHASER’S REPRESENTATIVE
Mario Cifuentez (City Manager) – 559.585.2516
Hawk on Hand (Vendor, previously “Integrated Avian Solutions”) has successfully cleared roosting crows from an approximately 30-block area of downtown Hanford, CA for the past 4 winters. Due to the project’s success we began providing year-round services over an expanded project area in 2021. Our work has provided an effective solution to the long-standing crow problem in Hanford, and virtually eliminated unsightly crow droppings in the core business district and historical downtown area. The need for a year-round crow abatement program in Hanford is evident and has been requested by several prominent businesses, including FAST Credit Union, Smart & Final, Aria Health Clinic, and Staples.
We propose continuing the year-round program in 2024 (January 1 – December 31). The project area (Page 4) includes the core of Hanford’s BID and historic downtown.
Our proposed Schedule of Services is outlined on Page 2. Given the success of our program in recent years we suggest this same scheduling. Services for year-round work will be billed at $400 per day and total program costs will not exceed $53,600 for the entirety of 2024.
Thank you for the opportunity to present our proposal. We look forward to helping you keep your community clean again this year.
Sincerely,
Adam Baz
Falconer / Owner
845.532.5401
H a n f o r d C r o w P r o p o s a l 2 0 2 4 P a g e 2
S C H E D U L E O F S E R V I C E S
Month Total shifts Rate Cost
January 12 400 4,800
February 12 400 4,800
March 14 400 5,600
April 13 400 5,200
May 9 400 3,600
June 9 400 3,600
July 8 400 3,200
August 9 400 3,600
September 9 400 3,600
October 13 400 5,200
November 13 400 5,200
December 13 400 5,200
$53,600
H a n f o r d C r o w P r o p o s a l 2 0 2 4 P a g e 3
T E R M S & C O N D I T I O N S
A. Vendor shall furnish the labor and falconry-trained raptors to assist in the abatement of roosting crows within the project area. Vendor is well experienced in bird abatement and possesses the relevant licenses and permit. All raptors used will be legally allowed for bird abatement.
B. Services will commence on January 1, 2024.
C. Services will include mobilization/demobilization to and from the project area, assessment and observation of pest birds, free flying of raptors, raptor feeding and maintenance, equipment maintenance, and tracking of wayward or lost raptors if required. Raptors are the primary method of bird abatement, but our falconers may use other tools such as noisemakers and visual deterrents (e.g., tree tappers, laser pointers, whistles, etc.).
D. Abatement activities will begin around sunset when crows are staging to roost. Shifts will end once crows have retreated from the project area. Some pre-dawn shifts may also be implemented if needed.
E. Vendor and Vendor’s falconers are independent contractors and are not employees of Purchaser.
F. Purchaser shall assist Vendor in properly advertising the project and notifying relevant stakeholders (e.g., Police Department, City officials, local businesses, etc.) of the proposed activities.
G. Vendor shall submit monthly invoices to Purchaser. Payment terms are Net 15. Invoices remaining unpaid beyond thirty (30) days may be subject to service charge of 5% per annum.
H. This Proposal is confidential and contains proprietary information and intellectual property of Vendor.
The rates, schedule, scope-of-work or other elements may not be disclosed to anyone outside this agreement without the express written permission of Vendor.
H a n f o r d C r o w P r o p o s a l 2 0 2 4 P a g e 4
P R O J E C T A R E A M A P
H a n f o r d C r o w P r o p o s a l 2 0 2 4 P a g e 5
A B O U T T H E C O M P A N Y
Hawk On Hand is a network of talented falconers, experienced wildlife biologists, and passionate bird management professionals. We take a long and comprehensive view of every new opportunity and bring all our faculties and resources to bear with the singular goal of solving your bird problem. Our company is unique in that it is run and managed by falconers who also hold graduate degrees in wildlife biology. Thus, we offer a deep and unparalleled understanding of avian biology, which is invaluable for managing nuisance bird problems. Falconry is the foundation of our business and the most powerful bird management tool on the market. When everything else falls short, pest birds will not ignore the threat posed by a free-flying falcon or hawk. Our falconry programs are turn-key, natural, non-lethal, and sustainable.
Adam Baz (Owner & Lead Falconer) is a Master Falconer with 15 years of experience. He holds a Masters of Science in Avian Biology from Portland State University, and has conducted over 10 years of research focusing on human-wildlife conflicts, and the behavior of wildlife in urban settings. He delivers highly effective bird control programs throughout California and Oregon.
16.A.
AGENDA
STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: PUBLIC HEARING
SUBJECT:
Introduction of Ordinance No. 23-05, Amending Chapters 5.56-Commercial Cannabis Activity and
8.32-Cannabis of the Hanford Municipal Code to simply the process related to commercial cannabis operations; Not Retail.
RECOMMENDATION:
Recommendation: Staff recommends the City Council approve the introduction of Ordinance 23-05 thereby approved a variety of Amendments to Hanford Municipal Code - 5.56 Commercial Cannabis Activity and Amendments to Hanford Municipal Code - 8.32 Cannabis BACKGROUND:
At the May 16th, 2023 City Council Meeting, City Council authorized Staff to update the City's cannabis licensing process to simplify the cannabis business permit process for applicants and City staff. Several amendments to the municipal code were needed in order to meet the Council's goals.
The proposed amendments to the Municipal Code primarily fall into two categories:
1. Simplification of the Application Process: The proposed amendments would authorize Council to approve a "Commercial Cannabis Business Permit Application" that guides the commercial cannabis business license application process. The application review and renewal process has been simplified for staff and applicants.
2. Remove or Change Outdated or Unnecessary Language: Several changes to state law and the state's approval process have occurred since the original adoption of HMC 5.56 and HMC 8.32 and language has been updated to reflect those changes. Clarifying language was also provided in some instances.
In addition to the proposed ordinance changes, an update to the Commercial Cannabis Business Permit Application is needed to expedite and improve the City's cannabis permitting process. The Commercial Cannabis Business Permit Application outlines the process by which potential cannabis businesses can receive approval to operate in Hanford. A draft of the Commercial Cannabis Business Permit Application is provided with this staff report. Staff are not proposing changes to the number of cannabis businesses allowed within Hanford or changing the location or safety requirements for cannabis businesses. The application process for Cannabis Storefront Retail licenses, previously established by Council, will remain the same and are not part of the proposed changes to the application process.
Staff has attached a strikethrough version of the proposed amendments to the Hanford Municipal
Code to show the proposed changes. A draft version of the Commercial Cannabis Business Permit Application is also provided with this agenda.
FISCAL IMPACT:
ATTACHMENTS:
1. Ordinance 23-05
2. Exhibit A - Cannabis Ordinance Changes 1st Reading
3. Non-Retail Application Process and Procedures
ORDINANCE NO. 23-05
AN ORDINANCE AMENDING HANFORD MUNICIPAL CODE CHAPTERS 5.56 – COMMERCIAL CANNABIS ACTIVITY & 8.32 CANABIS
WHEREAS, the City of Hanford is a general law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, pursuant to the authority granted the City by Article XI, Sections 5 and 7 of the California Constitution, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter; and
WHEREAS, on November 8, 2016, Proposition 64 the “Adult Use Marijuana Act” known as (“AUMA”) was approved by California voters for the purpose of providing a comprehensive regulatory framework for the licensing, control, and taxation of non-medical commercial cannabis related businesses in California; and
WHEREAS, MCRSA and AUMA expressly protects a City’s local licensing practices, zoning authority, and other local actions taken under the City’s constitutional municipal and police powers for the purpose of commercial cannabis activities; and
WHEREAS, Hanford Municipal Code Chapter 5.56 and Chapter 8.32 outline the process by which Commercial Cannabis Businesses Licenses may be issued within Hanford city limits; and WHEREAS, the City Council desires to establish reasonable policies and procedures for the approval of cannabis businesses; and
WHEREAS, the City Council finds that the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3.
NOW THEREFORE, The City Council of the City of Hanford does ordain as follows:
SECTION 1. CHAPTER 5.56 – COMMERCIAL CANNABIS ACTIVITY & CHAPTER 8.32 CANABIS 17.69 of the Hanford Municipal Code are enacted as attached as Exhibit A.
SECTION 2. That that Municipal Code Amendment 2023-05 is exempt from CEQA is accordance with Section 15061(b)(3) of the CEQA Guidelines.
SECTION 3. That the 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 January _, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
ATTEST:
Travis Paden
MAYOR of the City of Hanford
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 ordinance was duly introduced at a regular meeting of the City Council of the City of Hanford on the __th day of January, 2024, 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_______________ , 2024.
NATALIE CORRAL
CITY CLERK
5.56 Commercial Cannabis Activity
5.56.010 Purpose and intent.
It is the purpose and intent of this chapter to accommodate the needs of medically‐ill persons in need of cannabis for medical purposes, as advised and recommended by their health care provider(s), and to implement the Adult Use Cannabis Act, which was passed by the voters of California while imposing regulations on the use of land to protect the city’s neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this chapter to regulate the cultivation, manufacturing, processing, testing, transporting, delivery, and distribution of cannabis and cannabis‐ related products in a manner which is responsible, which protects the health, safety, and welfare of the residents of Hanford, and to enforce rules and regulations consistent with state law. In part to meet these objectives, an annual permit shall be required to own and/or to operate a commercial cannabis business within Hanford. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approval required under state, county, or other law. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.020 Legal authority.
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the Medical Cannabis Regulation and Safety Act (hereinafter “MCRSA”), and the Adult Use Cannabis Act (hereinafter “AUMA”), the city of Hanford is authorized to adopt ordinances that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis‐related activity.
Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the state of California, or any of its departments or divisions, shall be the minimum standards applicable in the city of Hanford to cannabis, and/or cannabis‐related activity. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.030 Cannabis cultivation and commercial cannabis business activities prohibited unless specifically authorized by this chapter.
Except as specifically authorized in this chapter, the cultivation, possession, manufacturemanufacturing, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of cannabis or cannabis product is expressly prohibited in the city of Hanford. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.040 Compliance with state and local laws.
It is the responsibility of the owners and operators of the commercial cannabis business to ensure that it is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate federal, state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable federal, state and local laws, the 2008 Attorney General Guidelines, and any subsequently enacted state law or regulatory, licensing, or certification
requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. Nothing in this chapter shall be construed as authorizing any actions which violate federal or state law regarding the operation of a commercial cannabis business. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.050 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
“Bureau” means the Bureau of Cannabis Control within the California Department of Consumer Affairs.
“Cannabis” refers to “marijuana,” and means all parts of the Cannabis sativa, Cannabis indica, or Cannabis ruderalis, whether medical or nonmedical, growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The meaning of “Cannabis” also includes means the separated resin, whether crude or purified, obtained from cannabis. The meaning of “Cannabis” also includes means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
“Cannabis business park” means a park or campus that is one contiguous commercial area of land which has many cannabis related businesses grouped together. Each individual business is clearly defined, having a unique entrance and immovable physical barriers between uniquely licensed premises. “Cannabis concentrate” means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product’s potency. “Cannabis product” means a product containing cannabis, including, but not limited to, manufactured cannabis intended to be sold for use by cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time to time) or pursuant to the Adult Use of Marijuana Act. For purposes of this chapter, “medical cannabis” does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
“Canopy” means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.
“Caregiver” or “primary caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
“City” or “city of Hanford” means the city of Hanford, a California general law city. “Commercial cannabis activity” includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of cannabis product, within the meaning of California Business and Professions Code Section 26001 and California Business and Professions Code Section 26050, et seq.
“Commercial cannabis business” means any business or operation which engages in cannabis activity.
“Commercial cannabis business permit” means a regulatory permit issued by the city of Hanford pursuant to this chapter to a commercial cannabis business, and is required before any commercial cannabis activity may be conducted in the city. The initial permit and annual renewal of a commercial cannabis business permit is made expressly contingent upon the business’s ongoing compliance with all of the requirements of this chapter and any regulations adopted by the city governing the commercial cannabis activity at issue.
“Cultivation” means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including cannabis.
“Cultivation site” means a facility where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, and where the operator holds a valid commercial cannabis business permit for cultivation from the city of Hanford and a valid state license to cultivate cannabis as required by state law. “Delivery” means the commercial transfer of cannabis or cannabis products from a dispensary, up to an amount determined to be authorized by the state of California, or any of its departments or divisions, to anyone for any purpose. “Delivery” also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the state of California under the MCRSA or AUMA (as the same may be amended from time‐to‐time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.
“Department” “Bureau” means the Bureau of Cannabis Control within the California Department of Consumer AffairsDepartment of Cannabis Control. “Dispensary” means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the city of Hanford authorizing the operation of a dispensary, and a valid state license as required by state law to operate a dispensary. “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a dispensary.
“Distribution” means the wholesale procurement and sale of cannabis or cannabis products between entities licensed pursuant to MCRSA, AUMA and any subsequent state of California legislation regarding the same.
“Distributor” means a person holding a valid commercial cannabis business permit for distribution issued by the city of Hanford, and, a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a license manufacturer, for sale to a licensed dispensary.
“Dried flower” means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
“Edible cannabis product” means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. An edible cannabis product shall not be deemed to be adulterated pursuant to Section 19347.6 of the Business and Professions Code solely because it contains cannabis. “Greenhouse” means a fully enclosed permanent structure that is clad in transparent material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation. “Live plants” means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
“Manufacturer” means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as defined in this section, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, where the operator holds a valid commercial cannabis business permit for manufacturing from the city of Hanford and, after January 1, 2018 or as soon as permitted by the state granting agency, department or division, a valid state license for manufacturing pursuant to MCRSA and/or AUMA. A manufacturer may also be a person that infuses cannabis in its products but does not perform its own extraction. “Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the city of Hanford and, a valid state license as required for manufacturing of cannabis products. “Microbusiness” has the same meaning as that contained in Section 26070(a)(3) of the Business and Professions Code of the State of California.
“Nursery” means a person that produces only clones, immature plants, seeds and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. “Patient” or “qualified patient” has the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person with an identification card” has the meaning given that term by California Health and Safety Code Section 11362.7.
“State license” means a permit or license issued by the state of California, or one of its departments or divisions, under MCRSA or AUMA to engage in commercial cannabis activity. “Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
“Testing laboratory” means a facility, entity, or site in the city of Hanford that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state.
2. Licensed by the Bureau of Cannabis ControlDepartment of Cannabis Control, and is owned and operated by a person issued a valid commercial cannabis business permit for laboratory testing from the city of Hanford.
“Transport” means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by the MCRSA and/or AUMA. “Transporter” means a person issued a state license, and a commercial cannabis business permit by the city of Hanford, authorizing the transport of cannabis or cannabis products in amounts authorized by the state of California, or by one of its departments or divisions under the MCRSA and/or AUMA. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.060 Commercial cannabis business permit required to engage in commercial cannabis business.
A. No person may engage in any commercial cannabis business or activity within the city of Hanford including cultivation, manufacturinge, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person: (1) has a valid commercial cannabis business permit from the city of Hanford; and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business or activities, including the duty to obtain any required state licenses.
5.56.065 Conditional use permit required.
A. All proposed sites for a cannabis business require a conditional use permit. Prior to, or concurrently with, applying for a commercial cannabis business permit, the applicant shall process a conditional use permit. The cannabis conditional use permit shall run with the cannabis business permit and not the land. Each use shall require a conditional use permit.
B. Until Health and Safety Code Section 11362.775, subdivision (a), is repealed, the city intends that person’s eligible to operate collectives or cooperatives under that subdivision shall be eligible to apply for a city permit to conduct commercial cannabis activities, but only to the degree those activities are authorized under state law for collectives and cooperatives. When the Health and Safety Code Section 11362.775, subdivision (a), is repealed, or as soon as collectives and cooperatives are no longer permitted to engage in commercial cannabis activity under state law, any city permit holder operating a commercial cannabis business under a collective or cooperative who has not already obtained a state license for the commercial cannabis activities they are engaged in shall automatically forfeit his or her city commercial cannabis business permit. At that point, they shall no longer be authorized to engage in any commercial cannabis activities in the city until they obtain both a city issued commercial cannabis business permit and a state license for that commercial cannabis activity. (Ord. 21‐ 06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.070 Cannabis employee permit required.
A. Any person who is an employee, independent contractor, or who otherwise works or volunteers within a commercial cannabis business must be legally authorized to do so under applicable state law. Employees, workers, or volunteers at businesses that are permitted by the city of Hanford as cannabis business cultivators, manufacturers, distributors, or delivers that are operating pursuant to Health and Safety Code Section 11362.775(a) as collectives or cooperatives until that subsection is repealed must be qualified patients or primary caregivers as required by state law.
B. Any person who is an employee, independent contractor, or who otherwise works or volunteers within a commercial cannabis business must obtain a commercial cannabis employee work permit from the city prior to performing any work at any commercial cannabis business.
C. Applications for a commercial cannabis employee work permit shall be developed and made available by the city manager or their designee(s), and shall include, but not be limited to, the following information:
1. Name, address, and phone number of the applicant;
2. Age and verification of applicant. A copy of a birth certificate, driver’s license, government issued identification card, passport or other proof that the applicant is at least twenty‐one (21) years of age must be submitted with the application;
3. Name, address of the commercial cannabis businesses where the person will be employed, and the name of the primary manager of that business;
4. A list of any crimes enumerated in California Business and Professions Code Section 26507(b)(4) for which the applicant has been convicted;
5. Name, address, and contact person for any previous employers from which the applicant was fired, resigned, or asked to leave and the reasons for such dismissal or firing;
56. The application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the chief of police or designee(s);
76. A signed statement under penalty of perjury that the information provided is true and correct;
8. If applicable, verification that the applicant is a qualified patient or primary caregiver;
97. A fee paid in an amount set by resolution of the city council in an amount necessary to cover the costs of administering the employee work permit programs. The fee is non‐refundable and shall not be returned in the event the work permit is denied or revoked.
D. The chief of police or designee(s) shall conduct a background check to determine whether the applicant was convicted of a crime or left a previous employer for reasons that show the applicant:
1. Has been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states.
2. Has committed a felony or misdemeanor involving fraud, deceit, embezzlement; or
3. Was convicted of a violent felony, a crime of moral turpitude; or
4. Has illegally used, possessed, transported, distributed or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, except for cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.
Discovery of these facts showing that the applicant has been convicted of a crime involving dishonesty, fraud, embezzlement, or deceit are grounds for denial of the permit. Where the applicant’s sentence (including any term of probation, incarceration, or supervised release) for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is completed, such underlying conviction shall not be the sole ground for denial of a commercial cannabis work permit. Furthermore, an applicant shall not be denied a permit if the denial is based solely on any of the following: (a) a conviction for any crime listed in subsection (D)(4) of this section for which the applicant has obtained a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the California Penal Code; or (b) a conviction that was subsequently dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the California Penal Code or any other provision of state law allowing for dismissal of a conviction.
E. The city manager or designee(s) shall issue the commercial cannabis work permit or a written denial to the applicant within ninety (90) days of the date the application was deemed complete. Upon the request of a commercial cannabis business and while processing the application for a work permit, the city manager or designee(s) may issue a temporary work permit for an employee if the business demonstrates to the city manager or designee(s) that the employee is necessary for the operation of the business. The temporary permit may be immediately revoked by the city manager or designee(s) upon determination that the applicant has failed the background check.
F. A work permit shall be valid for a twelve (12) month period and must be renewed on an annual basis. Renewal applications shall contain all the information required in subsection B of this section
including the payment of a renewal application fee in an amount to be set by resolution of the city council.
G. In the event a person changes employment from one commercial cannabis business in the city to another, the work permit holder shall notify the city manager or designee(s) in writing of the change within ten (10) days, or the work permit shall be suspended or revoked and such person shall not be permitted to work at any commercial cannabis business in the city.
H. The city may immediately revoke the commercial cannabis work permit should the permit holder be convicted of a crime listed in subsections C and D of this section or if facts become known to the chief of police or designee(s) that the permit holder has engaged in activities showing that he or she is dishonest.
I. The city manager or designee(s) is hereby authorized to promulgate all regulations necessary to implement the work permit process and requirements.
J. The applicant may appeal the denial or revocation of a commercial cannabis work permit by filing a notice of appeal with the city clerk within ten (10) days of the date the applicant received the notice of denial, which appeal shall be conducted as set forth in Section 5.56.140 of this chapter.
K. The city manager or designee(s) shall issue a permit in the form of a personal identification card that can be worn by the employee. The personal identification card shall be worn approximately chest‐ high on their outermost garment, in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.080 Maximum number and type of authorized commercial cannabis businesses permitted.
The number of each type of commercial cannabis business that shall be permitted to operate in the city shall be established by resolution of the city council.
A. This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city under each category. Nothing in this chapter creates a mandate that the city issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements or further amendments to the application process.
B. At any time, in the city council’s discretion, the city council may reassess the number of commercial cannabis business permits which are authorized for issuance. The city council, in its discretion, may determine by resolution that the number of commercial cannabis permits should stay the same, or be expanded. (Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.090 AInitial application procedure.
A. The city council shall adopt by resolution the procedures which will govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permit(s). The city manager or designee(s) is hereby authorized to prepare the necessary forms, adopt any necessary rules to the application, regulations and processes,
solicit applications, conduct initial evaluations of the applicants, and to ultimately select the applicant(s) that will be awarded a permit.
B. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the city in the application process.
C. After the initial review, tThe city manager or designee(s) will select the applicant(s) to be awarded a permit based upon the available permits and the ranking of the applicants during the review process.adopted procedures.
D. The City’s Reservation of Rights. The city reserves the right to reject any or all applications for any reason that is not illegal. The city may also modify, postpone, or cancel any request for applications, or the entire program under this chapter, at any time without liability, obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other justification provided, a failure to comply with other requirements in this chapter, an application risks being rejected for any of the following reasons:
1. Proposal received after designated time and date.
2. Proposal not containing the required elements, exhibits, nor organized in the required format.
3. Proposal considered not fully responsive to this request for permit application.
4. Proposal contains excess or extraneous material not called for in the request for permit application. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.100 Expiration of commercial cannabis business permits.
Each commercial cannabis business permit issued pursuant to this chapter shall expire twelve (12) months after the date of its issuanceDecember 31st of each year. Commercial cannabis permits may be renewed as provided in Section 5.56.120. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.110 Revocation of permits.
Commercial cannabis business permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.120 Renewal applications.
A. An application for renewal of a commercial cannabis business permit shall be filed at least thirty (30) calendar days prior to the expiration date of the current permit.
B. The renewal application shall contain all the information required for new applications.
C. The applicant shall pay a fee in an amount to be set by the city council to cover the costs of processing the renewal permit application, together with any costs incurred by the city to administer the program created under this chapter.
D. An application for renewal of a commercial cannabis business permit may be rejected if any of the following exists:
1. The application is filed less than thirty (30) days before its expiration.
2. The commercial cannabis business permit is suspended or revoked at the time of the application.
3. The commercial cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application.
4. The commercial cannabis business has failed to conform to the requirements of this chapter, or of any regulations adopted pursuant to this chapter.
5. The permittee fails or is unable to renew its state of California license.
6. If the city or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of the city’s municipal code, or of the state rules and regulations, and the city or state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit.
E. The city manager or designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the city manager or designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager or designee(s) shall be handled pursuant to Section 5.56.140.
F. If a renewal application is rejected, a person may file a new application pursuant to this chapter no sooner than one year from the date of the rejection. An application may be approved, conditionally approved, or rejected at the discretion of the city manager or designee(s). Any correction required for a conditionally approved application must be done in a timely manner as set forth by the city manager or designee(s). (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.130 Effect of state license suspension, revocation, or termination.
Suspension of a license issued by the state of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the state of California, or its respective department or division, reinstates or reissues the state license.
Should the state of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the city of Hanford. (Ord. 21‐06 § 3, 2021; Ord. 19‐ 03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.140 Appeals.
Unless specifically provided elsewhere to the contrary, an appeal of a city decision or action occurring under this chapter from the city manager or designee(s) shall be conducted as prescribed hereinafter. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.150 Written request for appeal.
A. Within ten (10) calendar days after the date of a decision or action of the city manager or designee(s) occurring pursuant to this chapter, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper. The failure to file a timely appeal shall constitute the failure to exhaust administrative remedies.
B. At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the city council from time to time. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.160 Appeal hearing process.
A. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council or its designee. The city council or its designee shall hear the matter de novo.
B. The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than ninety (90) days from the date of such filing. The city shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing.
C. At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.
D. The failure of an appealing party to appear at the appeal hearing shall constitute a failure to exhaust their administrative remedies.
E. At the conclusion of the hearing the city council or its designee may affirm, reverse or modify the decision appealed. The decision of the city council or its designee shall be final.
F. Following the appeal hearing, an aggrieved party may seek judicial review of the city council or its designee’s appeal decision by filing a complaint with the Superior Court of Kings County, California during the period identified by California Code of Civil Procedure Section 1094.6, as may be amended. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.170 Permittee selection process.
A. The city manager or designee(s) shall develop procedures and review criteria by which the applicants for a commercial cannabis business permit shall be evaluated.
B. Applications shall be vetted by the city manager or designee(s) and may include aa committee of his or her choice or his or her designee’s choice. At the conclusion of the vetting process, the committee shall prepare a report ranking the applications or requesting approval of an applicant shall be and submitted that report for consideration to the city manager or designee(s). The recommendations shall include a summary of the concerns which need to be mitigated by the applicant prior to the issuance of the permit.
C. At least twenty (20) days prior to the selection of the applicants, notice shall be sent to all property owners located within five hundred (500) feet of the proposed business locations of each of the finalists to be considered.
D. The city manager or designee(s) shall either deny or approve the final candidates. The decision of the city manager or designee(s) shall be subject to appeal in accordance with the appeal provisions of this chapter.
E. Official issuance of the commercial cannabis business permit(s), however, is conditioned upon the prevailing candidate(s) obtaining all required land use approvals. Following the selection, the prevailing candidate(s) shall apply to the city’s community development department to obtain any required land use approvals or entitlements for the permittee’s location, if any. Land use approvals shall include compliance with all applicable provisions of CEQA. The city manager or designee(s) shall formally issue the commercial cannabis business permit(s) once it has been affirmed that all of the required land use approvals have been obtained.
F. Issuance of a commercial cannabis business permit does not create a land use entitlement. The commercial cannabis business permit shall only be for a maximum term of twelve (12) months, and shall expire on December 31st each year at the end of the twelve (12) month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the state and local laws and regulations, including, but not limited to, the requirements of this chapter and of the permit, have been complied with.
G. Notwithstanding anything in this chapter to the contrary, the city reserves the right to reject any or all applications if it determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permits term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the city council may terminate or delay the program created under this chapter.
H. If an application is denied, a new application may not be filed for one year from the date of the denial.
I. Each Upon receipt of a commercial cannabis business permit applicants applicant granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business permit program created in this chapter. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.180 Change in location—Updated registration form.
A. Any time the dispensing, cultivation, manufacturing, transportation and/or distribution location specified in the regulatory permit is changed, the applicant shall re‐register with the city manager or designee(s). The process and the fees for re‐registration shall be the same as the process and fees set forth for registration in Sections 5.56.090 and 5.56.120.
B. Within fifteen (15) calendar days of any other change in the information provided in the registration form or any change in status of compliance with the provisions of this chapter, including any change in the commercial cannabis business ownership or management members, the applicant shall
file an updated registration form with the city manager or designee(s) for review along with a registration amendment fee, as set forth in Sections 5.56.090 and 5.56.120. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.185 Sale and assignment of license.
No commercial cannabis business permit may be sold, assigned, or otherwise transferred without the approval of the city manager or designee(s). As a condition of approval, the proposed purchaser, assignee, or transferee of a commercial cannabis business permit shall undergo the application and approval process described in Section 5.56.090 above. (Ord. 21‐06 § 3, 2021)
5.56.190 City business license.
Prior to commencing operations, a commercial cannabis business shall obtain a city of Hanford business license. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.200 Building permits and inspection.
Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection, and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), fire department approvals, health department approvals and other zoning and land use permit(s) and approvals. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.210 Certification from the city manager or designee(s).
Prior to commencing operations, a commercial cannabis business must obtain a certification from the city manager or designee(s) certifying that the business is located on a site that meets all of the requirements of Title 17 of the city’s municipal code. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.220 Right to occupy and to use property.
As a condition precedent to the city’s issuance of a commercial cannabis business permit pursuant to this chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this chapter and consents to the operation of the commercial cannabis business on the owner’s property. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.230 Limitations on city’s liability.
To the fullest extent permitted by law, the city of Hanford shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:
A. They must execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the city of Hanford, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city’s issuance of the commercial cannabis business permit, the city’s decision to approve the operation of the commercial cannabis business or activity, the process used by the city in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.
B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city attorney.
C. Reimburse the city of Hanford for all costs and expenses, including, but not limited to, attorney fees and costs and court costs, which the city of Hanford may be required to pay as a result of any legal challenge related to the city’s approval of the applicant’s commercial cannabis business permit, or related to the city’s approval of a commercial cannabis activity. The city of Hanford may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.240 Records and recordkeeping.
A. Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the city, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelve (12) month period (or shorter period based upon the timing of the request), provided on a per‐month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the city a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the city manager or designee(s).
B. Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the city manager or designee(s) upon a reasonable request.
C. Each commercial cannabis business shall maintain a record of all persons, patients, collectives and primary caregivers served by the commercial cannabis business, for a period of no less than four (4) years.
D. All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis
products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase by or distribution to a qualified patient, primary caregiver for purpose or an adult twenty‐one (21) years of age or older who qualifies to purchase cannabis as set forth in AUMA.
E. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA) regulations, each commercial cannabis business shall allow city of Hanford officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination.
Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty‐four (24) hours after receipt of the city’s request, unless otherwise stipulated by the city. The city may require the materials to be submitted in an electronic format that is compatible with the city’s software and hardware. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.250 Security measures.
A. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business.
Except as may otherwise be determined by the chief of police or designee(s), these security measures shall include, but shall not be limited to, all of the following:
1. Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.
2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
3. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
4. Installing twenty‐four (24) hour security surveillance cameras of at least HD‐quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Hanford police department, and that it is compatible with the city’s software and hardware. In addition, remote and real‐time, live access to the video footage from the cameras shall be provided to the Hanford police department. Video recordings shall be maintained for a minimum of forty‐five (45) days, and shall be made available to the Hanford police department upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business.
5. Sensors shall be installed to detect entry and exit from all secure areas.
6. Panic buttons shall be installed in all commercial cannabis businesses.
7. Having a professionally installed, maintained, and monitored alarm system.
8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.
9. Security personnel shall be on‐site twenty‐four (24) hours a day or alternative security as authorized by the chief of police or designee(s). Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Hanford police department, with such approval not to be unreasonably withheld.
10. Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
B. Each commercial cannabis business shall identify a designated security representative or liaison to the city of Hanford, who shall be reasonably available to meet with the chief of police or designee(s) regarding any security related measures or any operational issues.
C. As part of the application and permitting process each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.
D. The commercial cannabis business shall cooperate with the city whenever the city manager or designee(s) makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.
E. A commercial cannabis business shall notify the city manager or designee(s) within twenty‐four (24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager or designee(s).
2. Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
3. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.
4. Any other breach of security. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.260 Restriction on alcohol sales.
No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.270 Fees and charges.
A. No person may commence or continue any commercial cannabis activity in the city, without timely paying in full all fees and charges required for the operation of a commercial cannabis activity.
Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.
B. All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all licenses, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the city with respect to any reasonable request to audit the commercial cannabis business’s books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.280 Miscellaneous operating requirements.
A. Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the city.
B. Restriction on Consumption. Cannabis shall not be consumed on the premises of any commercial cannabis businesses or elsewhere in the city of Hanford other than within private residences.
C. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
D. Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point‐of‐sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the city’s recordkeeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager or designee(s) prior to being used by the permittee.
E. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.
F. There shall not be a physician located in or around any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a cannabis recommendation or card where applicable.
G. Emergency Contact. Each commercial cannabis business shall provide the city manager or designee(s) with the name, telephone number (both land line and mobile, if available) of an on‐site employee or owner to whom emergency notice can be provided at any hour of the day.
H. Signage and Notices.
1. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the Hanford Municipal Code, including, but not limited to, seeking the issuance of a city sign permit.
2. No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.
3. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
4. Business identification signage shall be limited to that needed for identification only, and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right‐of‐way.
5. Signage shall not be directly illuminated, internally or externally. No banners, flags, billboards or other prohibited signs may be used at any time.
6. Holders of commercial cannabis business permits agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the city of Hanford utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising, anywhere in the state. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
I. Minors.
1. Persons under the age of twenty‐one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service.
It is unlawful and a violation of this chapter for any person to employ any person at a commercial cannabis business who is not at least twenty‐one (21) years of age.
2. Notwithstanding subsection (I)(1) of this section, persons aged eighteen (18) to twenty (20) years shall be allowed on the premises of a commercial cannabis business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation.
3. The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty‐one (21) years of age is permitted to enter upon the premises of the commercial cannabis business.
J. Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off‐site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights‐of‐way, on or about the
exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the city manager or designee(s) determine is a more effective method or technology:
1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
2. An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
K. Display of Permit and City Business License. The original copy of the commercial cannabis business permit issued by the city pursuant to this chapter and the city issued business license shall be posted inside the commercial cannabis business in a location readily‐visible to the public.
L. Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee or volunteer, of the commercial cannabis business must submit fingerprints and other information deemed necessary by the chief of police or designee(s) for a background check by the Hanford police department. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record. No person shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the chief of police or designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the city of Hanford to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted.
M. Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.
N. Permits and Other Approvals. Prior to the establishment of any commercial cannabis business or the operation of any such business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.
O. If a commercial cannabis business permittee is operating as a collective or cooperative under Health and Safety Code Section 11362.775, subdivision (a), members of the applicant authorized to possess cannabis shall sign an agreement with the commercial cannabis business which states that members shall not distribute cannabis or cannabis products to non‐members or in violation of the “Memorandum for all United States Attorneys,” issued by the United States Department of Justice, from
James M. Cole, Deputy Attorney General and any other applicable state and federal laws, regulations, or guidelines.
P. If the commercial cannabis business permittee is operating as a collective or cooperative under Health and Safety Code Section 11362.775, subdivision (a), the commercial cannabis business shall terminate the membership of any member violating any of the provisions of this chapter. (Ord. 21‐ 06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.300 Operational requirements.
The city manager or designee(s) may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.310 Operating requirements for dispensaries/storefront retail facilities.
A. No more than the number of cannabis retailers adopted by resolution may operate within the city of Hanford at any one time and shall be issued a permit by the city of Hanford.
B. Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is eighteen (18) to twenty (20) years old, retailer shall confirm the customer’s possession of a valid doctor’s recommendation and/or identification card (Medical Cannabis Card) pursuant to Health & Safety Code Section 11362.71. For adult‐use purchases, retailers shall verify that all customers are twenty‐one (21) years of age or older for the purchase of cannabis or cannabis products.
C. Entrances into the retailer shall be strictly controlled in a manner approved by the chief of police or designee(s). Individuals eighteen (18) – twenty‐one (21) years of age must show their physician’s recommendation to gain access. Physician’s recommendations are not to be obtained or provided at the retail location.
D. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by the chief of police.
E. Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on‐site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
F. All restroom facilities shall remain locked and under the control of management.
G. Retailers and microbusinesses authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this chapter.
1. All cannabis goods sold by a retail business shall be contained in child‐resistant packaging.
2. Retailers shall record point‐of‐sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point‐of‐sale location, camera placement must allow for the
recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
3. A retail licensee or microbusiness licensee who is engaged in retail sale shall hire or contract for security personnel who are at least twenty‐one (21) years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
H. Access to Retailer Premises.
1. Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least twenty‐one (21) years of age.
2. Notwithstanding subsection (H)(1) of this section, individuals who are at least eighteen (18) years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation.
I. Authorized Sales. A retailer shall only sell adult‐use cannabis and adult‐use cannabis products to individuals who are at least twenty‐one (21) years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least eighteen (18) years of age, but not yet twenty‐one (21), if those individuals are in possession of a valid physician’s recommendation. Medicinal cannabis sales to individuals twenty‐one (21) years of age and older are unrestricted.
J. Limited Access Areas. A retailer shall establish limited‐access areas and permit only authorized individuals to enter the limited‐access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least twenty‐one (21) years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the city manager or designee(s) upon request.
K. Microbusiness—Commercial Activity. All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a Type 12‐Microbusiness permit shall occur on the same licensed premises. Areas of the premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use.
L. Operating hours of the store front retailer license shall be limited to the hours of nine a.m. through nine p.m., seven (7) days a week.
M. Store Front Retail Security Requirements. All provisions incorporated within Section 5.56.250 of this Chapter (Security Measures), are directly applicable to and binding on all commercial cannabis businesses, including all store front retail businesses. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.320 Operating requirements for delivery services.
Prior to commencing operations, a cannabis delivery service shall comply with the following requirements:
A. Obtain from the city a permit authorizing the delivery of cannabis and cannabis products within the city limits. A copy of this permit shall be retained by all drivers.
B. The retail business operating the delivery service shall provide the city manager or designee(s) with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function.
C. The retail business operating the delivery service shall furnish to the city manager or designee(s), directly or via the jurisdiction from which the business has received an operating permit, the names and driver’s license numbers of all the business’ delivery drivers, and evidence verifying that criminal background checks have been conducted for all the business’s drivers.
D. The retail business operating the delivery service shall furnish to the city manager or designee(s) the year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019)
5.56.330 Operating requirements for non‐store front retail.
A. Non‐store front retailer (delivery) license owners and operators are required to verify the age and the necessary documentation of each medical customer to ensure the customer is not under the age of eighteen (18) years, and to verify that the potential customer has a valid doctor’s recommendation. Doctor recommendations are not to be obtained or provided at the retail location.
B. All store front retailers, non‐store front retailers (delivery) and microbusinesses which conduct deliveries into or within the City of Hanford shall be required to obtain a permit from the city of Hanford in order to conduct retail sales regardless if they are located in the city or another local jurisdiction.
BC. Operating hours of the non‐store front retailer license shall be limited to the hours of nine a.m. through nine p.m., seven (7) days a week.
D.C The commercial non‐store front retailer shall only sell cannabis or cannabis products to a person twenty‐one (21) years of age or older, or a natural person eighteen (18) years of age or older who possesses a physician’s recommendation for medical cannabis use only.
ED. Except as otherwise provided herein, the commercial cannabis non‐store front retailer may only have on site that quantity of cannabis and cannabis products reasonably anticipated to meet the weekly demand for which they may need to be readily available for sale.
FE. The commercial cannabis non‐store front dispensary may store additional product on‐site if they meet the following requirements:
1. Product must be secured in a locked vault to which customers, visitors and vendors shall not have access.
2. Must have twenty‐four (24) hour security.
3. All product must be entered into the state mandated track and trace system.
4. Excess product storage shall not exceed the amount that would typically be used in a six (6) week period.
5. Separate security plan for the additional product being stored shall be approved by the chief of police or designee. (Ord. 21‐06 § 3, 2021; Ord. 20‐13 § 4, 2020; Ord. 19‐03 § 4, 2019)
5.56.340 Operating requirements for cultivation facilities.
A. Outdoor Cultivation Prohibited. The cultivation of all cannabis must occur indoors. All outdoor cultivation is prohibited.
AB. In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.
CB. If a commercial cannabis cultivation is permitted in the city of Hanford then it shall only be allowed to cultivate the square feet of canopy space permitted by state law.
DC. Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
ED. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.
FE. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
GF. All applicants for a cannabis cultivation permit shall submit the following in addition to the information generally otherwise required for a commercial cannabis business:
1. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed‐light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all‐season harvesting (indoor, mixed‐light).
2. A description of a legal water source, irrigation plan, and projected water use.
3. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes.
4. Plan for addressing odor and other public nuisances which may derive from the cultivation site. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.350 Cannabis manufacturing—Edibles and other cannabis products—Sale or distribution of edible and other cannabis products.
The manufacturing of food or other products infused with or which otherwise contain cannabis may be manufactured within the appropriate manufacturing zoning districts as described in Title 17, subject to the regulations set forth in this chapter, and subject to whatever additional regulations may be promulgated hereunder by an ordinance or resolution of the city council. (Ord. 21‐06 § 3, 2021; Ord. 19‐ 03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.360 Packaging and labeling.
A. Before a commercial cannabis manufacturer delivers any edible cannabis or edible cannabis product to a dispensary, the same shall be labeled and placed in tamper‐evident packaging which at least meets the requirements of California Business and Professions Code Section 19347, as the same may be amended from time to time or superseded or replaced by subsequent state legislation or by any department or division of the state of California.
B. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the business permitted as a commercial cannabis manufacturer.
C. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package.
D. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
E. The package must have a label warning that the product is to be kept away from children.
F. The label must also state that the product contains cannabis and must specify the date of manufacture.
G. Any edible cannabis product that is made to resemble a typical food product must be in a properly labeled opaque (non‐see‐through) package before it leaves the commercial cannabis manufacturing business.
H. Deliveries must be in a properly labeled opaque package when delivered.
I. The city council may impose additional packaging and labeling requirements on cannabis or cannabis products by resolution, as permitted by law. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.370 Operating requirements for cannabis manufacturing (levels one and two)—Extraction, etc.
A. Cannabis manufacturing facilities requiring a Type 6 or Type 7 state license (using non‐volatile and volatile solvents) as defined in Business and Professions Code Section 19341, may be permitted to operate within those zone districts as defined in Title 17 of the Hanford Municipal Code.
B. Any compressed gases used in the manufacturing process shall not be stored on any property within the city of Hanford in containers that exceeds the amount which is approved by the fire department and authorized by the regulatory permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the fire department on the property at any time.
C. Cannabis manufacturing facilities may use the hydrocarbons N‐butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human‐related toxicity approved by the community development department. These solvents must be of at least ninety‐nine percent (99%) purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents, work an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
D. If an extraction process uses a professional grade closed loop carbon dioxide (CO₂) gas extraction system where every vessel is certified by the manufacturer for its safe use as referenced in subsection F of this section. The CO₂ must be of at least ninety‐nine percent (99%) purity.
E. Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
F. Certification from an engineer licensed by the state of California must be provided to the community development department for a professional grade closed loop system used by any commercial cannabis manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including, but not limited to:
1. The American Society of Mechanical Engineers (ASME);
2. American National Standards Institute (ANSI);
3. Underwriters Laboratories (UL); or
4. The American Society for Testing and Materials (ASTM).
G. The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified.
H. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the fire department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.
I. Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
J. Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. All ethanol must be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
K. Cannabis manufacturing facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
L. Any person using solvents or gases in a closed loop system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.
M. Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.372 Operating requirements for distributors.
A. A distributor shall not store non‐cannabis goods or non‐cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non‐cannabis goods or non‐cannabis accessories at a licensed premise. For the purposes of this section, non‐cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Title 16, Section 5000(c) of the California Code of Regulations.
B. After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing.
C. A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises.
D. The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.
E. A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video‐recorded, and the recording kept available to state and local authorities for a minimum of one hundred eighty (180) days, pursuant to Section Title 16, 5305 of the California Code of Regulations.
F. A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Sections 5705, 5710 and 5714 of the California Code of Regulations. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019)
5.56.374 Operating requirements for testing laboratories.
A. Testing labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each testing lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this chapter and any subsequent state of California legislation regarding the same.
B. Testing labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
C. All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.Department of Cannabis Control.
D. Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Bureau Department unless remedial measures can
bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureauDepartment.
E. Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.
F. Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol as established in approved security measures by the chief of police.
G. A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019)
5.56.376 Operating requirements for microbusinesses.
Microbusinesses must comply with the local operating requirements and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness.
A. Outdoor commercial cultivation is prohibited.
AB. In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.
CB. Commercial cannabis cultivation which is permitted in the city of Hanford shall not exceed ten thousand (10,000) square feet of canopy space permitted by state law as part of a microbusiness license.
DC. Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
ED. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.
FE. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
GF. All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business:
1. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all‐season harvesting.
2. A description of a legal water source, irrigation plan, and projected water use.
3. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes.
4. Plan for addressing odor and other public nuisances that may derive from the cultivation site. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019)
5.56.380 Promulgation of regulations, standards and other legal duties.
A. In addition to any regulations adopted by the city council, the city manager or designee(s) is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
B. Regulations shall be published on the city’s website.
C. Regulations promulgated by the city manager shall become effective upon date of publication.
Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the city manager or designee(s).
D. Testing labs, transporters and distribution facilities shall be subject to state law and shall be subject to additional regulations as determined from time to time as more regulations are developed under subsection A of this section. (Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.390 Community relations.
A. Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the commercial cannabis business.
B. During the first year of operation pursuant to this chapter, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this chapter shall attend a quarterly meeting with the city manager or designee(s) and other interested parties as deemed appropriate by the city manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter. After the first year of operation,
the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the city manager or designee(s) when and as requested by the city manager or designee(s).
C. Commercial cannabis businesses to which a permit is issued pursuant to this chapter shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.400 Fees deemed debt to city of Hanford.
The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the city of Hanford that is recoverable via an authorized administrative process as set forth in the municipal code, or in any court of competent jurisdiction. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.410 Permit holder responsible for violations.
The person to whom a permit is issued pursuant to this chapter shall be responsible for all violations of the laws of the state of California or of the regulations and/or the ordinances of the city of Hanford, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.420 Inspection and enforcement.
A. Representatives of the city, charged with enforcing the provisions of the Hanford Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of state law.
B. It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law.
C. Representatives of the city, charged with enforcing the provisions of this chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the city of Hanford shall be logged, recorded, and maintained in accordance with the Hanford Police department standards for evidence. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.430 Concurrent regulation with state.
It is the stated intent of this chapter to regulate commercial cannabis activity in the city of Hanford concurrently with the state of California. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.440 Violations declared a public nuisance.
Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance per se. The nuisance abatement remedies and procedures identified in Chapter 17.94 of this code, which are incorporated herein by reference, shall apply to nuisances existing under this chapter. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.450 Each violation a separate offense.
Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Hanford Municipal Code or by state law. Each day a violation is committed or permitted to continue shall constitute a separate violation. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The city of Hanford may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager or designee(s) may take immediate action to temporarily suspend or revoke a commercial cannabis business permit issued by the city, pending a hearing before the city council or its designee. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.460 Criminal penalties.
Each and every violation of the provisions of this chapter may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the County Jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
5.56.470 Administrative penalties and costs.
In addition to any other remedy available at law, an administrative citation may be issued to any person or entity that violates this chapter.
A. Issuance of Citation.
1. Whenever the city’s police chief, designee, or a city code enforcement officer determines that a violation of this chapter has occurred, the police chief, designee, or a code enforcement officer shall have the authority to issue an administrative citation to any person or entity responsible for the violation.
2. Each administrative citation shall contain the following information:
a. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
b. The address or a definite description of the location where the violation occurred; c. The section of this chapter that was violated and a description of the violation; d. The amount of the fine for the violation;
e. A description of the fine payment process, including a description of the time within which and the place at which the fine shall be paid;
f. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
g. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
h. The name and signature of the individual issuing the citation.
B. Amount of Fines.
1. The amounts of the administrative citation fines for violations of this chapter shall be set forth in a schedule of fines established by resolution of the city council.
2. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.
C. Payment of Fines.
1. Fines shall be paid to the city within thirty (30) days from the date of the administrative citation.
2. Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person or entity charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.
3. Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
D. Hearing Request.
1. Any recipient of an administrative citation may appeal the citation by 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 and appeal fee.
2. If the police chief, designee, or a code enforcement officer submits an additional written report concerning the administrative citation to the hearing body, 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.
E. Hearing Procedure.
1. The appeal procedures described in Section 5.56.160 of this chapter shall apply to appeals involving administrative citations.
2. No hearing to contest an administrative citation shall be held unless the fine has been deposited with the city in advance.
3. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
4. The administrative citation and any additional report submitted by the police chief, designee, or a code enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
5. The hearing body may continue the hearing and request additional information from the police chief, designee, code enforcement officer, or the recipient of the administrative citation prior to issuing a written decision.
F. Hearing Body’s Decision.
1. After considering all of the testimony and evidence submitted at the hearing, the hearing body 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 body shall be final.
2. If the hearing body determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
3. If the hearing body determines that the administrative citation should be canceled, then the city shall promptly refund the amount of the deposited fine.
4. If the hearing body 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 body or the recipient of the administrative citation will promptly pay to the city an additional amount fixed by the hearing body if the body finds that the fine assessed under the administrative citation to be insufficient.
5. The recipient of the administrative citation shall be served with a copy of the hearing body’s written decision.
G. 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.
H. Recovery of Administrative Citation Fines and Costs. Any person or entity that violates this chapter shall be responsible for the enforcement costs incurred by the city with respect to such violation. 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.
I. Recovery of Administrative Citation Fines and Costs. Any person or entity that violates this chapter shall be responsible for the enforcement costs incurred by the city with respect to such violation. 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, including, without limitation, the lien procedures identified in Sections 17.94.180 and 17.94.190 of this code, which are incorporated herein by reference. 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.
J. Right to Judicial Review. Any person or entity aggrieved by a decision of the hearing body on an administrative citation may obtain review of the decision by filing a petition for review with the Superior Court for Kings County, California in accordance with the timelines and provisions set forth in California Government Code Section 53069.4, as may be amended.
K. Notices. The administrative citation and all notices required to be given by this chapter shall be served 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 or her 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. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019)
5.56.480 Remedies cumulative and not exclusive.
The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. (Ord. 21‐06 § 3, 2021; Ord. 19‐03 § 4, 2019; Ord. 17‐08 § 2, 2017)
8.32 ‐ Cannabis
8.32.010 Findings.
The city council of Hanford finds and declares as follows:
A. In 1996, the voters of the state of California approved Proposition 215, codified as California Health and Safety Code Section 11362.5, “Compassionate Use Act of 1996.” The intent of Proposition 215 was to allow persons who are in need of cannabis for medical purposes, under limited and specified circumstances, to obtain and use it without fear of criminal prosecution.
B. In 2004, Senate Bill 420 was enacted, codified as California Health and Safety Code Section 11362.7 et seq. (“Medical Marijuana Program Act”), to clarify the scope of California Health and Safety Code Section 11362.5 which allowed cities and counties to adopt supplemental rules and regulations.
C. In 2011, Assembly Bill 2650 was enacted, codified as California Health and Safety Code Section 11362.768. This law affirms that city governments may restrict the location and establishment of a medical cannabis collective or dispensary through local ordinances.
D. On October 9, 2015, almost twenty (20) years after passage of the Compassionate Use Act, the Governor signed the Medical Marijuana Regulation and Safety Act (“Act”), comprised of California legislative bills AB 243, AB 266, and SB 643. The Act creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis, all subject to local control. One of the purposes of the Act is to ensure uniformity among jurisdictions that wished to allow commercial cannabis operations.
E. In 2014 and as amended in 2015, the city adopted Chapter 8.32 of the Hanford Municipal Code pertaining to medical cannabis. The existing medical cannabis ordinance places a complete ban on cannabis cultivation, processing, deliveries, and dispensaries in the city based upon various health, safety and welfare and land use findings relating to cannabis cultivation, dispensing, and consumption, which findings are incorporated herein by reference.
F. Pending before the voters in November 2016 is the Adult Use of Marijuana Act (“AUMA”). The purpose of AUMA is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products. Adults, age twenty‐one (21) and older, will be allowed to possess cannabis and grow certain amounts at home for personal use if AUMA is approved by the voters.
G. The city of Hanford has identified a number of health, safety, and welfare concerns associated with cannabis activities. These concerns are set forth in the findings sections as previously reported in the medical cannabis ordinance. These concerns continue and have been exemplified throughout Kings County and the state as evidenced by numerous area agency police reports and news articles and stories.
H. Cannabis collectives or dispensaries operated in Fresno and Kern Counties for several years with minimal local regulation and had been the subject of armed robberies with shots fired, incidents with juveniles and young adults, and closure and arrests of operators for violation of both state and
federal laws, including seizure of illegal firearms. Some of the individuals arrested would be disqualified from operating a cannabis collective or dispensary based on reasonable standards relating to their criminal history backgrounds. Other public agencies have documented violence related to the operation of a cannabis collective or dispensary. A cannabis collective or dispensary results in loitering, increased traffic, noise, and loss of trade for other businesses located nearby. A cannabis collective or dispensary is harmful to the welfare of the surrounding community and its residents and constitutes a public nuisance.
I. Unrestricted cannabis cultivation in the city would pose an urgent and immediate threat to the public peace, health and safety. Other jurisdictions have experienced adverse impacts from outdoor cultivation of medical cannabis, including offensive odors, trespassing and burglary, and acts of violence in connection with the commission of such crimes or the occupants’ attempts to prevent such crimes.
Cannabis grows emerged in Fresno and Kern Counties, which were very visible by the public, including children and youths. Some of these grows contained boobytrap devices that threatened severe bodily harm or death to those who attempted to access them. During the harvest and processing season, there is an immediate threat of violent crime due to the size, location, and monetary value of these mature cannabis grows.
J. Unrestricted cannabis grows create a nuisance and threaten the safety and property of nearby landowners and their families. The strong odor of cannabis plants, which increases as the plants mature, is offensive to many individuals and creates an attractive nuisance, alerting people to the location of valuable cannabis plants, which creates a risk of crime.
K. Unrestricted indoor cannabis grows create hazards. Equipment utilized for indoor cultivation, including heat lamps, requires large amounts of electricity. Many buildings, including residences, are not equipped for such power needs and modifications to electrical systems to provide the required power are a common cause of fires. The ventilation systems of many structures, including homes, are not equipped for the indoor cultivation of cannabis; ventilation rates are sometimes intentionally reduced to increase carbon dioxide levels, which is conducive to plant growth. Inadequate ventilation, coupled with temperature and humidity levels involved with indoor cannabis cultivation, can result in fungal growth, which could endanger the health of building inhabitants and others, including first responders, who may enter such buildings. Some indoor cultivation operations utilize carbon dioxide‐generating equipment that burns fossil fuels, which also creates carbon monoxide and other potentially dangerous substances resulting from the combustion process; carbon monoxide and similar combustion‐related byproducts can be deadly to building inhabitants, especially in instances of inadequate ventilation. The use of pesticides and fertilizers by unqualified persons may result in health risks to the inhabitants of buildings in which cannabis cultivation occurs and to the surrounding neighborhood.
L. If cannabis grows are not regulated, large quantities of illegal cannabis could be introduced into the local market in the near term.
M. Cannabis, alone or in combination with food products, may constitute a unique health hazard to the public because, unlike all other ingestibles, cannabis is not presently regulated, inspected, or analyzed for contamination by the state or federal government and could contain harmful chemicals and contaminants from unapproved sources that could endanger the already poor health of ill persons and the good health of others. Children are particularly vulnerable to the effects of cannabis use, and the
presence of cannabis plants has proven to be an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children such as schools, parks, and similar location.
N. Cannabis varies in quality, with significant variations in the concentration of the active ingredient tetrahydrocannabinol (THC). Consumers cannot accurately ascertain the strength of the drug when they buy it. Also, it cannot be assured that customers will be adequately warned that cannabis use impairs the user’s fine motor skills and negatively affects the safe operation of motor vehicles. A new trend entails the extraction of THC from cannabis through a process that utilizes volatile chemicals. Fires and explosions have occurred in other jurisdictions as a result of the flammable chemicals utilized in this extraction process.
O. The city has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which a medical cannabis collective or dispensary could operate and in which cannabis could be cultivated. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014)
8.32.020 Purpose and intent.
It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of cannabis, whether for medical purposes as currently allowed under state law, or for recreational use should recreational use become lawful under state law. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014)
8.32.030 Relationship with other laws.
This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the city council that this chapter be interpreted to be compatible and consistent with federal, state, and city enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this chapter will supersede any other provisions of this code found to be in conflict. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014)
8.32.040 Definitions.
For the purposes of this chapter, these words and phrases shall be defined as follows:
“Cannabis” or “marijuana” shall have the meaning set forth in California Business and Professions Code Section 19300.5(f), as may be amended.
“Cannabis dispensary” or “dispensary” means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available, sold, offered for sale, given, distributed, traded, or otherwise provided to one or more persons.
“Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. “City” shall mean the city of Hanford.
“Collective or cooperative cultivation” means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate cannabis for medical purposes as may be allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Marijuana Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643 (“MMRSA”). “Commercial cannabis operation” means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under MMRSA, and the implementing regulations, as MMRSA and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted state law pertaining to the same or similar uses for recreational cannabis.
“Delivery” shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of medical cannabis and medical cannabis products from a dispensary as well as the use of any technology platform that enables qualified patients and caregivers to arrange for or facilitate the transfer.
“Medical cannabis or medical cannabis use” means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Recreational cannabis or recreational cannabis use” means all uses of cannabis not included within the definition of medical cannabis use. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014)
8.32.050 Cannabis collectives and dispensaries as prohibited activities and prohibition of cannabis delivery.
A. Cannabis collectives and dispensaries are prohibited uses in all zone districts in the city.
B. All forms of delivery of cannabis, including, without limitation, delivery by a mobile cannabis dispensary, are prohibited within the city, and mobile cannabis dispensaries are a prohibited use in all zone districts in the city.
C. Commercial cannabis growers properly licensed by the city of Hanford and the state of California are exempt from subsection B. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014
8.32.060 Regulations applicable to the cultivation of cannabis.
To the extent that the city is required to allow the cultivation of cannabis, whether for medical or recreational use, under state law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit marijuana dispensaries otherwise prohibited by this chapter.
A. Personal Use Cultivation. The cultivation of cannabis shall be subject to the limits set forth in any applicable state law. An individual that has a right to cultivate cannabis for personal use shall be allowed to cultivate cannabis within his or her private residence, in an attached garage, or in an enclosed accessory building if the property is detached single‐family residential. Outdoor cultivation of cannabis is prohibited. Cannabis cultivation for personal use shall be subject to the following requirements:
1. Area. The cannabis cultivation area shall not exceed thirty‐two (32) square feet measured by the canopy and not exceed ten (10) feet in height per residence. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.
2. Lighting. Cannabis cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts.
3. Building Code Requirements. Any alterations or additions to a residence, including garages and accessory buildings, for the purpose of cultivating cannabis shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, setback, height requirements, and parking requirements.
4. Gas Products. The use of gas products (CO2, butane, etc.) for cannabis cultivation or processing is prohibited.
5. Evidence of Cultivation. From a public right‐of‐way, there shall be no exterior evidence of cannabis cultivation occurring on the site.
6. Residence. An individual may cultivate cannabis only at his or her own residence.
7. Cultivation Elsewhere in City. An individual shall not participate in marijuana cultivation in any location within the city other than the individual’s residence or a licensed commercial cannabis cultivation operation.
8. Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for cannabis cultivation.
9. Ventilation. The cannabis cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single‐family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation or Section 402.3 Mechanical Ventilation (or its equivalent(s)).
10. Storage of Chemicals. Any chemicals used for cannabis cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights‐of‐way.
11. Nuisance. The cannabis cultivation area shall not: (a) adversely affect the health, safety, or comfort of nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and (b) be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
12. Property Owner Authorization. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate cannabis.
13. Notification. The owner and any lessee of the residence upon which cultivation will occur shall inform the police department of the intent to cultivate cannabis and pick up a handout setting forth the owner and lessee responsibilities under this section. This notification shall be provided prior to the commencement of the cultivation except that for existing cultivation, the information shall be provided within ten (10) days of the effective date of the ordinance codified in this chapter. The police department may direct the owner and lessee to the city’s community development department for more information about building code and permit requirements that may be applicable if alterations or additions to the residence are contemplated. The police department and the community development department shall keep patient information confidential to the extent required by law.
14. Additional Requirements for Garages and Accessory Buildings. The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building: the garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. The garage or building shall include a burglar alarm monitored by an alarm company or private security company. The garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.
15. Collective or cooperative cultivation. The collective or cooperative cultivation of medical or recreational cannabis shall be prohibited in the city. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐ 11 § 1, 2014)
8.32.070 Cannabis dispensaries and deliveries prohibited.
A. Dispensaries. Cannabis dispensaries are prohibited within all zone districts in the city.
B. Deliveries. The delivery of cannabis is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for delivery by the dispensary.
No person shall deliver any cannabis ‐infused product, including, without limitation, tinctures and baked and baked goods and other consumable products, to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.
C. Public Nuisance Declared. Operation of any mobile cannabis dispensary within the city in violation of the provisions of this chapter and is hereby declared a public nuisance and may be abated pursuant to all available remedies.
D. Commercial cannabis growers properly licensed by the city of Hanford and the state of California are exempt from subsection B. (Ord. 17‐18 § 1, 2017)
8.32.080 Regulations applicable to the consumption of cannabis.