Agenda packet — Hanford City Council, January 16, 2024 (part 1 of 4)

City Council Meeting
Agenda
January 16, 2024
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/

4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK:

PUBLIC COMMENT:

Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION:

A. Presentation of the Annual Operations Report by Main Street Hanford and Overview of the Management Plan and proposed Activities and Proposed Improvements as required by the Annual Services Agreement between the City and Main Street Hanford.

B. Council review of the elements of the Historic Overlay Zone and Direction on Possible Changes to Hanford Municipal Code Chapter 17.48.

C. Presentation of the City's new logo, tagline, and associated branded materials.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC 54956.9)(d)(1)) Darlene Mata v. City of Hanford
Kings County Case No. 22C0077

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B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (54956.9 (d)(2))

1 Potential Case.

C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (54956.9 (d)(4))

1 Potential Case.

CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Andrea Lott
FLAG SALUTE:

RECOGNITION:

A. Badge Pinning Ceremony and Oath of Office for the promotion of Stephanie Huddleston to Chief of Police, and the promotion of James Lutz to Police Captain

CLOSED SESSION ACTION REPORT:

COUNCIL REPORTS/GENERAL REPORTS:

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

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

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

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

B. City Clerk: Approval of the Minutes of the December 5, 2023, Meeting C. City Clerk: Approval of the Reappointment of Richard Douglas to the Planning Commission, Carolyn Hudgins and Gregory Kelley to the Parks and Rec Commission, for their second terms, and Jim Nelson to the Parking and Traffic Commission for a full term.

D. Community Development: Approval of the second reading and Adoption of Ordinance 23-05 and approving amendments to Hanford Municipal Code - 5.56 Commercial

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Cannabis Activity and amendments to Hanford Municipal Code - 8.32 Cannabis E. Community Development: Adoption of a separate Commercial Cannabis Business Permit Application for all Non-Retail operations, consistent with previous Council direction.

F. Public Works: Approval of a Notice of Completion for Tract 922, Unit 2, located at the southeast corner of 13th Avenue and Devon Street.

G. Police: Acceptance of the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $23,456, amend the Police Department's operating budget by appropriation of the same amount in the General Fund, and authorize the City Manager to execute an MOU between the City of Hanford and the City of Lemoore (Police Department).

H. Fire: Authorization for the City Manager to execute a sole source purchase of a Pierce Fire Engine from Golden State Fire Apparatus (Sacramento, CA) for $960,525 and appropriate $1,000,000 in the General Fund contingent on confirmation of $1,000,000 in State grant funding
PUBLIC HEARING:

A. Public Works: Public Hearing and consideration of approval of Resolution 24-02-R for City of Hanford water rate adjustments effective February 1, 2024 and continue the public hearing for wastewater and stormwater rates until February 6, 2024.

GENERAL BUSINESS:

A. City Clerk: Discussion regarding the list of committees and boards that have City Council representation directly appointed by the Council and Appointment of those members as appropriate.

B. Administration: Council discussion and selection of Council members to be part of the interview panels that are necessary to fill the upcoming City Commission vacancies.

C. City Attorney: Settlement Agreement Darlene Mata v. City of Hanford, Art Brieno COUNCIL COMMENTS AND COMMUNICATIONS:

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

January 15 through January 31: Dump your Christmas tree at a City Drop-Off Site - Public Works 900 S. 10th Ave. or City Well Site 2288 W. Grangeville Blvd.

February 6: Regular City Council Meeting
February 19: City offices closed in observance of Presidents' Day February 20: Regular City Council Meeting
ADJOURNMENT:

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

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

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4.A.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: STUDY SESSION

SUBJECT:

Presentation of the Annual Operations Report by Main Street Hanford and Overview of the Management Plan and proposed Activities and Proposed Improvements as required by the Annual Services Agreement between the City and Main Street Hanford.

RECOMMENDATION:

Recommendation: That the City Council receive the annual report and provide direction, as appropriate, related to the contract.

BACKGROUND:

FISCAL IMPACT:

ATTACHMENTS:

None

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4.B.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: STUDY SESSION

SUBJECT:

Council review of the elements of the Historic Overlay Zone and Direction on Possible Changes to Hanford Municipal Code Chapter 17.48.

RECOMMENDATION:

Recommendation: That the City Council receive a presentation from staff, Review the elements of the Historic Overlay Zone and Provide direction on possible changes to Hanford Municipal Code Chapter 17.48 Historic Overlay Zone
BACKGROUND:

Hanford Municipal Code Chapter 17.48 Historic Overlay Zone (HMC 17.48) provides the framework by which changes and development in the Downtown may occur. HMC 17.48 provides the process for designating historic buildings, the regulations for modifying buildings, the design criteria for new and existing buildings and it also establishes the historic resource permit process.

Council has requested that staff evaluate different options for modifying HMC 17.48 to simplify the historic resource permit process, while also preserving the structures and character of the Downtown.

Staff will provide the Council with information regarding the current process, identify possible alternatives, and seek input on potential next steps and possible changes to HMC 17.48.

FISCAL IMPACT:

ATTACHMENTS:

None

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4.C.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: STUDY SESSION

SUBJECT:

Presentation of the City's new logo, tagline, and associated branded materials.

RECOMMENDATION:

Recommendation: That the City Council receive the presentation and review the brand guidelines associated with the new logo and tagline.

BACKGROUND:

In July of 2023, City staff entered into a contract with Fresno advertising agency Jeffrey Scott Agency (JSA) to design a new, supplemental logo and tagline to be used for official city materials, in addition to the City's current seal. Cities and counties across the state and country use supplemental logos as a way to create professional, consistent and unique identities and connect with residents and visitors.

The City's new logo will also assist staff with various marketing efforts, from retail recruitment to tourism and events.

Included in the project's scope of work were:
• Supplemental logo to the City's seal
• Copywriting
• Brand guide + branded materials
• Account management

Although the City hired JSA, the process was very collaborative and included many meetings, revisions and discussions before staff made its selections. During the presentation, staff will unveil the new logo, tagline, icons, as well as some of the branded materials, such as new business cards and letterhead. A brand guide (also known as brand guidelines or a brand style guide) will also be available to review. The guide will ensure the new logo is used consistently and appropriately by City staff and any third-parties.

FISCAL IMPACT:

None

ATTACHMENTS:

None

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14.B.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Minutes of the December 5, 2023, Meeting

RECOMMENDATION:

Recommendation: Approve the minutes of the December 5, 2023, Meeting.

BACKGROUND:

FISCAL IMPACT:

ATTACHMENTS:

1. Minutes 12.5.2023

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City Council Regular Meeting
Minutes
December 5, 2023 7:00 PM
Council Chambers
400 N. Douty St.

5:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

Mayor Paden called the study session and closed session to order at 5:00 p.m.

ROLL CALL BY THE CITY CLERK:

Present: Absent:

Council Member Lou Martinez
Council Member Kalish Morrow
Council Member Mark Kairis
Council Member Diane Sharp
Council Member Travis Paden

PUBLIC COMMENT:

Bob Ramos commented on the proposed revenue measure.

STUDY SESSION:

A. Presentation to Council regarding a variety of Zoning Ordinance Clean-Up Items and direction on future amendments.

Senior Planner Gabrielle Myers and Deputy City Manager Waters discussed the zoning ordinances and the recommended amendments for the Council's review and direction. Staff answered questions from the Council throughout the presentation. Council provided their feedback and direction regarding the ordinances discussed. Staff did not get through all the zoning ordinances during this study session. The remaining zoning ordinance will be presented at a future study session.

B. Presentation, discussion and direction from Council regarding a 2024 Proposed Revenue Measure development process and schedule
Finance Director Chris Tavarez discussed a potential revenue measure development process for the Council's review and direction. Each of the Department Heads discussed their department's needs. After some discussion, the Council directed staff to begin developing an advisory committee to receive staff presentations regarding potential details of a

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proposed revenue measure. Staff will begin recruiting for the advisory committee. Applications will be presented at the January 16th city council meeting for the Council's review and direction.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC 54957)

Title: City Manager

CALL TO ORDER REGULAR SESSION:

Mayor Paden called the meeting to order at 7:02 p.m.

ROLL CALL:

Present: Absent:

Council Member Lou Martinez
Council Member Kalish Morrow
Council Member Mark Kairis
Council Member Diane Sharp
Council Member Travis Paden

INVOCATION:

The invocation was led by Pastor Tim Brown.

FLAG SALUTE:

The flag salute was led by Cassidy Hutton, the Woodrow Wilson Jr. High School Secretary of Law and Order.

CLOSED SESSION ACTION REPORT :

City Attorney Ty Mizote provided the closed session action report for the November 7th closed session discussion for the property at 330 N. Harris Street. The escrow on the property was terminated per the Council's direction.

RECOGNITION:

A. Recognition of Ashelynne Mora and Ildegar Julian Mora for their service as City of Hanford Fitness Court Ambassadors from March-December 2023 Parks and Community Services Director Brad Albert and Community Relations Manager Brain Johnson presented certificates of recognition to Ashelynne and Ilgar Mora for their participation.

B. Badge Pinning Ceremony and Oath of Office for Officer Michael Angel and Officer Wesley Corral
Interim Police Chief Amoroso introduced the new officers, and City Clerk Natalie Corral administered the oath of office to Officer Wesley Corral and Officer Michael Angel.

COUNCIL REPORTS/GENERAL REPORTS:

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

The Council discussed the meetings and events they attended.

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PUBLIC COMMENT:

Pastor Steve Luna thanked the city for all thier hard work. He also expressed his concerns regarding the letter he received from the Fire Department about the fireworks booths.

Tyler Pepe commented on the fireworks booth letter.

Robert Stoffer expressed his concerns about the Fire Department's fireworks booth letter. He requested a follow-up from the Chief.

City Manager Cifuentez addressed the public comments about the letter sent out by the Fire Department. He apologized and explained that he was unaware of the letter. The City Manager announced the city would retract the letter.

Jeni Lefler shared her concerns about resources available to military veterans.

Charlie Gossple commented on the youth sports organizations and expressed his concerns regarding the proposed field permitting fees.

Mallory Moran expressed her concerns regarding the proposed field permitting fees.

Victor Chavarin commented on the fireworks booth letter. He also commented on the proposed field permitting fees.

Nick Wagner commented on the Christmas parade.

John Langshaw commented on the homeless people in his neighborhood and explained that it is effecting his rental property. He asked for help from the Council. City Manager Cifuentez respond to his comment.

REORGANIZATION OF THE CITY COUNCIL-SELECTION OF THE MAYOR AND VICE MAYOR:

City Attorney Mizote explained the reorganization process and called for the nominations for Mayor and Vice Mayor.

Council Member Martinez nominated Travis Paden for Mayor. Council Member Morrow nominated Mark Kairis for Mayor. The Council approved Travis Paden for Mayor (3-2).

Council Member Martinez nominated Mark Kairis for Vice Mayor. The Council approved Mark Kairis for Vice Mayor (5-0).

RECESS:

Recess 7:55 p.m. - 8:00 p.m.

CONSENT CALENDAR:

Motion to Approve.

RESULT:

MOVER:

SECONDER:

AYES:

Passed (UNANIMOUS)
Council Member Diane Sharp
Council Member Lou Martinez
Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez A. Procedural Waiver: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

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B. City Clerk: Approval of the Minutes of the November 6, 2023 Special Meeting C. City Clerk: Appointment of Gary Curtis to the Planning Commission's unscheduled vacancy with a term ending on 12/31/2025.

D. Human Resources: Approval of the City of Hanford Salary Schedules, pursuant to the California Code of Regulations (CCR) 570.5, the California Public Employees’ Retirement System (CalPERS), and Authorization for City administration to amend all other documents as may be necessary to implement the updates.

E. Parks and Community Services: Award of a contract to CleanCut Landscape (Clovis, CA), in an amount not to exceed $1,862,725 annually, for Landscape Assessment District (LAD) Landscaping Services and Authorization for the City Manager to execute the professional services agreement.

F. Community Development: 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).

G. Public Works: 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.

H. Public Works: 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.

I. Finance: Acceptance and authorization for staff to File the City of Hanford's Quarterly Investment Portfolio and Transactions Reports as of 09/30/2023.

J. Administration: 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.

PUBLIC HEARING:

A. Community Development: 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.

Council Member Sharp and the City Attorney Mizote recused themselves from the discussion. City Attorney Christina Filippo replaced Mr. Mizote at the dais for the rest of the meeting. Mayor Paden opened the public hearing at 8:04 p.m.

Deputy City Manager Waters presented the staff report and answered questions from the Council.

Public Comment:

IN FAVOR
None

OPPOSSED:

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None

Motion to Approve.

RESULT:

MOVER:

SECONDER:

AYES:

ABSTAIN:

Passed
Council Member Kairis
Council Member Morrow
Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez
Diane Sharp
Mayor Paden closed the public hearing at 8:11 p.m.

GENERAL BUSINESS:

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

Public Works Director Russ Sterling discussed the project, and answered questions from the Council. Council Member Sharp questioned the paint colors. She also encouraged staff to hire a professional to assist with selecting the paint color for the Civic Auditorium. She also offered to assist with the cost of hiring a professional to select the appropriate paint colors. City Manager Cifuentez discussed the upcoming 100th anniversary of the Civic Auditorium and discussed the importance of choosing the paint colors. Staff answered questions from the Council.

Motion to Approve.

RESULT:

MOVER:

SECONDER:

AYES:

Passed (UNANIMOUS)
Council Member Mark Kairis
Council Member Diane Sharp
Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez B. Parks and Community Services: Approval of the establishment of a sport field permit fee to be set at $2.50 per field hour effective on July 1, 2024 with an allowance of a fee reduction (offset) of up to 25% based on repairs and maintenance provided by the sports leagues.

Parks and Community Services Director Brad Albert discussed the establishment of a sport field permit fee effective July 1, 2024. Dir. Albert also discussed the formation of the Field Sports Advisory Committee (FSAC), and the utility expenses for all three sports complexes. Dir. Albert addressed the public comments and answered questions from the Council.

Council Members Sharp and Morrow spoke in support of the proposed fees. Mayor Paden expressed his concerns and suggested more time before approving the fees. After much discussion, Council Member Morrow made the motion to approve the item as presented.

Motion to Approve.

RESULT:

MOVER:

SECONDER:

AYES:

NAYS:

Passed
Council Member Morrow
Council Member Sharp
Diane Sharp, Mark Kairis, Kalish Morrow
Travis Paden, Lou Martinez
C. City Clerk: Review and Approval of the 2024 Calendar of City Council Meetings City Manager Cifuentez presented the calendar for the Council's review and approval.

Motion to Approve.

RESULT:

MOVER:

SECONDER:

Passed (UNANIMOUS)
Council Member Mark Kairis
Council Member Lou Martinez

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AYES: Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez D. City Attorney: Approval of the Amended and Restated City Manager Employment Agreement
City Manager Cifuetez recused himself during the presentation and discussion. Human Resources Manager Sarah Cardoza presented the agreement and discussed the changes to the agreement for the Council's review and approval.

Motion to Approve.

RESULT:

MOVER:

SECONDER:

AYES:

Passed (UNANIMOUS)
Council Member Mark Kairis
Council Member Kalish Morrow
Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez COUNCIL COMMENTS AND COMMUNICATIONS:

A. Council Future Agenda Items
Council Member Martinez expressed his concerns regarding the use of the Longfield Center. The Council directed staff to prepare a study session regarding the Longfield Center for the Council's review and discussion. Council Member Martinez also requested an update regarding the homeless camp on Hume Ave. and Shepard Dr.

B. Upcoming Events and Important Dates:

December 9: Stuff the Swat Truck Toy Drive at Hanford Target 140 N. 12th Ave 10:00 a.m - 2:00 p.m.

December 16: Walk with a Doc at Centennial Park 9:00 a.m. - 10:00 a.m.

December 25 & 26: City offices will be closed for Christmas Every Saturday in December: Free Fitness Court Classes at Hidden Valley Park 9:00 a.m. - 10:00 a.m.

ADJOURNMENT:

Mayor Paden adjourned the meeting at 9:19 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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14.C.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Reappointment of Richard Douglas to the Planning Commission, Carolyn Hudgins and Gregory Kelley to the Parks and Rec Commission, for their second terms, and Jim Nelson to the Parking and Traffic Commission for a full term.

RECOMMENDATION:

Recommendation: That the Mayor, with the approval of the full City Council:

Reappoint Richard Douglas to the Planning Commission, Carolyn Hudgins and Gregory Kelley to the Parks and Rec Commission, for a second term, expiring on 12/31/2027 and Jim Nelson to the Parking and Traffic Commission for a full term that will expire on 12/31/2027.

BACKGROUND:

Commissioners Douglas, Hudgins, and Kelley, are eligible for a second term and have expressed their interest in continuing to serve their community. Mr. Neslon was appointed to the Parking and Traffic Commission vacancy with a term ending on 12/31/2023. Mr. Nelson is eligible for reappointment, and he has expressed interest in continuing to serve his community for a full term that will expire on 12/31/2027.

Section 2.20.030 of the City of Hanford Municipal Code states that:

"At the first city council meeting in January of each year, the mayor shall endeavor to appoint members to commissions and committees, to fill vacancies caused by the regular expiration of terms of membership. All such appointments shall be approved by a majority of the members of the city council."

"All vacancies shall be advertised so that any interested citizen may apply. City residency shall be required for all commission members and shall be confirmed by each applicant and each member under penalty of perjury. The city may require a member to confirm his or her residency throughout the member’s term. (Ord. 21-05 § 3, 2021; prior code § 2-8.03)"

In addition to expiring terms, each of the city's alternate commissioner seats are vacant. The Clerk's office has received seven (7) applications in response to recruitment efforts. The City Clerk is working with staff to coordinate interviews to fill all vacancies. Staff's recommendations will be presented to the Council in February for review and approval.

FISCAL IMPACT:

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There will be some cost to the General Fund for Commissioner training but it is budgeted annually in the corresponding departmental budgets and totals less than $10,000 for all commissions.

ATTACHMENTS:

None

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14.D.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the second reading and Adoption of Ordinance 23-05 and approving amendments to Hanford Municipal Code - 5.56 Commercial Cannabis Activity and amendments to Hanford Municipal Code - 8.32 Cannabis

RECOMMENDATION:

Recommendation: That the City Council, by motion, Approve the second reading and Adoption of Ordinance 23-05 and approve 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. 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 final amendments to the Hanford Municipal Code to show the proposed changes.

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FISCAL IMPACT:

ATTACHMENTS:

1. Cannabis Ordinance Changes 2nd Reading

2. Ordinance 23-05

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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

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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.

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“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.

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“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.

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“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.

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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;

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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

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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,

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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.

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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.

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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.

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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

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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:

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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

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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.

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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.

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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.

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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

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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

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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

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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.

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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.

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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.

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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.

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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.

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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

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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.

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.

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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,

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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.

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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:

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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.

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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

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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)

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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

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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

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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.

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“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.

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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.

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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.

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

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

8.32.090 Nuisance and penalties for violation.

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

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

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

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

8.32.100 Severability.

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

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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.

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Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on January 16, 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

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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

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14.E.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Adoption of a separate Commercial Cannabis Business Permit Application for all Non-Retail operations, consistent with previous Council direction.

RECOMMENDATION:

Recommendation: That the City Council, by motion, Adopt the Non-Retail Commercial Cannabis Business Permit Application
BACKGROUND:

In addition to the ordinance changes proposed by staff, and already approved at the first reading by Council, an update to the Non-Retail Commercial Cannabis Business Permit Application is needed to expedite and improve the City's cannabis permitting process. The Non-Retail Commercial Cannabis Business Permit Application outlines the process by which potential cannabis businesses can receive approval to operate in Hanford. The proposed Non-Retail 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.

FISCAL IMPACT:

ATTACHMENTS:

1. Non- Retail Commercial Cannabis Business Permit

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City of Hanford Non- Retail Commercial Cannabis Business Permit Checklist
All Cannabis Business applications must be submitted through the City’s online application portal: https://bit.ly/3us3gJ6

Please have the following items ready before you apply:

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

Section 2 – Site Plan, Zoning and Buffer Map
 Site Plan
 Sensitive Uses Map
 Zoning verification form

Section 3 – Security Plan
 Operations and Security Plan, including all requested attachments.

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

Section 5 – Right to Occupy
 Evidence of Legal Right to Occupy
 Signed Affidavit(s)

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

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

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Items that must be completed prior to operating that are not included in the Cannabis Business Permit Application

 CEQA/Environmental Process
 Conditional Use Permit
 Employee Permits

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

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

Cultivation:
 Indoor/Mixed Light, Commercial A - permitted canopy area: 0 to 5,000 square feet

 Indoor/Mixed Light, Commercial B – permitted canopy area: 5,001 to 10,000 square feet

 Indoor/Mixed Light, Commercial C – permitted canopy area: 10,001 to 22,000 square feet

 Indoor/Mixed Light, Commercial D – permitted canopy area: over 22,000 square feet

 Nursery

 Processor

Manufacturing:
 Commercial Cannabis Manufacturing – Non-Volatile Only

 Commercial Cannabis Manufacturing – Volatile

 Commercial Cannabis Manufacturing – Infusion

 Commercial Cannabis Manufacturing – Packaging and labeling

Distribution:
 Commercial Cannabis Distribution

 Commercial Cannabis Transport

Testing:
 Commercial Cannabis Testing

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Section 2 - Site Plan

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

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

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

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

Cultivation License:

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

Manufacturing License:

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

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Distribution License:

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

Testing License:

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

Cannabis Business Application - Zoning Verification

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

Property

Street Address Zip:

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

Existing Use of Property:

Assessor Parcel Number:

Proposed Use
Trade Name of Establishment (dba):

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

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Cannabis Business Application – Distance from Sensitive Uses

Sensitive Uses Map

Attach a PDF street map that is drawn to scale. Indicate the proposed premise and a circle showing distances from sensitive uses, including:

☐ 200 feet to any property zoned RL-5, RL-8, RL-12, R-M, R-H ☐ 600 feet from a school (whether public, private, or charter; including pre-school, transitional kindergarten, and K-12); A daycare facility serving nine (9) or more children and is licensed by the State; Any youth facility as defined in State of California Health and Safety Code Section 11353.1(e)(2)

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Section 3 – Operations and Security Plan Questionnaire

The following questions will need to be answered as part of the online application process:

 Applicant’s practices for transfer of cannabis products from premises.

 Estimated number of employees.

 Description of applicant’s video surveillance system including camera placement and practices for maintenance of video surveillance equipment.

 How applicant will ensure that all access points to the premises will be secured including the use of security personnel if applicable.

 A description of the applicant’s security alarm system and fire suppression system.

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 A description of how inventory will be stored.

 A description of the operating hours of the facility.

 A description of how any records, reports, manifests and any other documents will be stored.

 A description of the Track and Trace system the Applicant will employ.

 Method(s) that will be used to dispose of unused cannabis.

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

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

Tax Identification Number:

Business Applicant (Print Name):

Business Applicant Address:

Telephone:

Email:

Mobile:

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

Primary Contact (Print Name):

Primary Contact Address:

Telephone:

Email:

Mobile:

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

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

Business Applicant: Date:

Name (Please Print) Title:

Signature

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Section 5 – Property Owner Affidavit

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

Attach:

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

Name (Please print) Title:

Signature

Legal Building Owner:

Date:

Name (Please print)

Title:

Signature

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Section 6 – Building Owner Affidavits

Building Owner Affidavit

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

Property Manager Affidavit (if applicable)

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

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

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

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Section 7 - Applicant Certification

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

Signature of Applicant

Date

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COMMERCIAL CANNABIS APPLICATION

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

RECITALS

WHEREAS, the Applicant has a legal and/or equitable interest in the certain real property located at Assessor Parcel Number(s): _
(“Property”); and

WHEREAS, the Applicant has submitted an application to the City for a cannabis business on the Property, pursuant to the City of Hanford Municipal Code, hereafter referred to as the “Project.”

TERMS

NOW, THEREFORE, pursuant to the City of Hanford Municipal Code, and in consideration of the premises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dated:

Applicant(s):

Printed Name Signature

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Commercial Cannabis Permit Application
Acknowledgement Form
 I/we have read, fully understand and agree to operate within the regulations identified in The City of Hanford’s Ordinances and all other applicable state laws and regulations as it relates to commercial cannabis operations and further understand that my permit(s) may be revoked for not operating in compliance with said regulations.

 I/we understand the City reserves the right to reduce the size of area allowed for cultivation under any clearance or license issued, in the event that environmental conditions, such as a sustained drought or low flows in the watershed will not support diversions for irrigation.

 I/we understand that it is our responsibility as the applicant to obtain will serve letters from all utility companies that will be serving my development. I/we understand that we will bear the sole cost of any upgrades, transmission improvements needed to serve my development as required by the utility companies.

 I/we agree that all structures utilized for Commercial Cannabis Businesses will be planned and built in accordance with applicable Building Codes and to the satisfaction of the City.

 I/we understand that the information I provide with my application may be released as required by law, judicial order, or subpoena, and could be used in a criminal prosecution.

 I/we agree to defend, indemnify, and hold harmless the City from any defense costs, including attorneys’ fees or other loss connected with any legal challenge brought as a result of the City’s review and/or approval of this license issuance. I/we agree to execute a formal agreement to this effect on a form provided by the City and available for my inspection.

 I/we understand that the application fee is non‐refundable even if I cancel my application or it is denied during the process.

 I/we acknowledge that without a complete application package my application may be delayed.

 I/we recognize that the Community Development Department and Police Chief reserves the right to request additional information if necessary to complete review or processing of the application, and confirm or promote conformance to ordinance‐specific requirements and standards.

 I/we authorize the City, its agents, and employees to seek verification of the information contained within the application including a background check of the applicant and all employees and independent contractors.

Printed Name Signature Date

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

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14.F.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of a Notice of Completion for Tract 922, Unit 2, located at the southeast corner of 13th Avenue and Devon Street.

RECOMMENDATION:

Recommendation: That the City Council, by motion, approve a Notice of Completion for Tract No. 922, Unit 2 and authorize the Mayor to execute and the City Clerk to attest and file said Notice with the Kings County Recorder’s Office.

BACKGROUND:

On June 26, 2019, the Council approved the subdivision agreement and final map for Tract No. 922, Unit 2, a 98-lot residential subdivision located as shown on the attached map. The developer of the subdivision is Lennar Homes. The developer has completed all public improvements for the subdivision and posted a 10 percent warranty security, which shall remain in effect for a minimum of one year after the attached Notice of Completion is recorded.

FISCAL IMPACT:

The public improvements have been constructed by the developer as required by the subdivision conditions of approval, and no fiscal impact to the budget will result from approval of the Notice of Completion.

ATTACHMENTS:

1. Vicinity Map

2. Tract 922 Phase 2 - NOC - Recording

3. Tract 922 Phase 2 - NOC - Recording

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RECORDING REQUESTED BY:

CITY OF HANFORD

When recorded return to:

City Clerk
City of Hanford
315 North Douty Street
Hanford, California 93230-3951

G.C. 27361.3 - Fee NIL

NOTICE OF COMPLETION

TO WHOM IT MAY CONCERN:

YOU ARE HEREBY NOTIFIED AS FOLLOWS:

1. The work of Improvement is located at: Tract No. 922, Unit 2

2. The Improvement is particularly described as: Subdivision Infrastructure Improvements

3. The date of completion of the work of Improvement: November 9, 2023

4. The Owner of the work of Improvement: City of Hanford

5. The nature of the owner’s interest or estate: Fee Simple

6. The name of the original contractor for the work of Improvement: Lennar Homes

7. The surety for the work of Improvement: Liberty Mutual Insurance Company

8. Accepted by minute action of the City Council of the City of Hanford on: January 16, 2024.

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

Dated this 24
th day of January, 2024.

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

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I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

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

Executed at Hanford, California, this day of 2024.

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

Authority: Section 1181 Civil Code

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RECORDING REQUESTED BY:

CITY OF HANFORD
When recorded return to:

City Clerk
City of Hanford
315 North Douty Street
Hanford, California 93230-3951

G.C. 27361.3 - Fee NIL

NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:

YOU ARE HEREBY NOTIFIED AS FOLLOWS:

1. The work of Improvement is located at: Tract No. 922, Unit 2

2.The Improvement is particularly described as: Subdivision Infrastructure Improvements

3. The date of completion of the work of Improvement: November 9, 2023

4. The Owner of the work of Improvement: City of Hanford

5. The nature of the owner’s interest or estate: Fee Simple

6. The name of the original contractor for the work of Improvement: Lennar Homes

7. The surety for the work of Improvement: Liberty Mutual Insurance Company

8. Accepted by minute action of the City Council of the City of Hanford on: January 16, 2024.

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

Dated this 24th day of January, 2024.

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

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I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

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

Executed at Hanford, California, this day of 2024.

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

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INTERLOCAL AGREEMENT

BETWEEN THE CITY OF HANFORD AND COUNTY OF KINGS,
2023 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 18 day of December, 2023, by and between the City of Lemoore, acting by and through its governing body, the City Council, hereinafter referred to as The City of Lemoore, and the City of Hanford, acting by and through its governing body, the City Council, hereinafter referred to as The City of Hanford, both of Kings County, State of California, witnesseth:

WHEREAS, this Agreement is made under the authority of Sections 930 through 930.6 of the Government Code: and
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the City of Lemoore $11,508.00 from the JAG award for the City of Lemoore designated program.

NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1.

The City of Hanford will act as the fiscal agent that submits the joint City of Hanford-City of Lemoore application to the FY 2023 Byrne Justice Assistance Grant Program for the JAG, and administers the resulting JAG. Contingent upon available funding, The City of Hanford agrees to pay The City of Lemoore a total amount of $11,508.00.

Section 2.

The City of Lemoore agrees to use $11,508.00 for the JAG Program until September 30 2026, whereupon any unused funds shall be remitted to the US Department of Justice’s Bureau of Justice Assistance consistent with program requirements.

Section 3.

Nothing in the performance of this Agreement shall impose any liability for claims against The City of Lemoore other than claims for which liability may be imposed by the California Tort Claims Act.

Section 4.

Nothing in the performance of this Agreement shall impose any liability for claims against The City of Hanford other than claims for which liability may be imposed by the California Tort Claims Act.

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Section 5.

The parties are acting in an independent capacity. Each of the parties agrees that it, including any and all of its officers, agents, and employees, shall have no right to employment rights or benefits available to the other party’s employees. Each party shall be solely liable and responsible for providing to, or on behalf of, its own officers, agents, and employees all legally and contractually required employee benefits. In addition, each party shall be solely responsible and save the other party harmless from all matters relating to payment of each party’s employees.

Section 6.

Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 7.

The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 8.

By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

City of Hanford, California County of Kings, California City Manager County Chief Administrative Officer
ATTEST: ATTEST:

City Clerk Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:

City Attorney County Counsel

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14.H.

AGENDA

STAFF REPORT

MEETING DATE: 1/16/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Authorization for the City Manager to execute a sole source purchase of a Pierce Fire Engine from Golden State Fire Apparatus (Sacramento, CA) for $960,525 and appropriate $1,000,000 in the General Fund contingent on confirmation of $1,000,000 in State grant funding

RECOMMENDATION:

Recommendation: Authorization for the City Manager to execute a sole source purchase a Pierce Fire Engine from Golden State Fire Apparatus (Sacramento, CA) for $960,525 and appropriate $1,000,000 in the General Fund contingent on confirmation of $1,000,000 in State grant funding.

Recommended Motion: I move to authorize the City Manager to execute a sole source purchase of a Pierce Fire Engine from Golden State Fire Apparatus (Sacramento, CA) for $960,525 and appropriate $1,000,000 in the General Fund contingent on confirmation of $1,000,000 in State grant funding.

BACKGROUND:

On June 20, 2023, City Council approved the FY24/FY25 budget, which included purchasing one type 1 fire engine. However, the City has received notice of award of a $1,000,000 grant for a Fire Equipment from the State, thanks in large part to Senator Hurtado. This fire engine is needed in order to keep the Fire Department's active engines in the most efficient working order. The long lead time of new fire engines makes the timing of this grant welcome news.

Due to the pending grant, staff reached out to the dealer of Pierce Fire Engines which is the manufacturer of existing Fire apparatus for the City. A quote was received and is good through January 31, 2024. The estimated arrival date for the new engine is 46 - 49 months upon order. This engine will replace an older engine at Station 3. The City will be able to return to State OES an engine currently being used.

The quote from Golden State Fire Apparatus in Sacramento, the closest Pierce dealer (there are two) in California, includes pricing through Sourcewell a cooperative purchasing contract agency, which allows participating municipal agencies to purchase equipment for a lower overall purchase price due to the larger overall quantity and contract pricing (Sourcewell #113021, ID #252 - Member #85061). As part of the confirmation process with the grant, staff will confirm if this type of procurement process complies with funding requirements.

Pierce apparatus are currently used throughout the department. Continuing to utilize Pierce saves on the training of Fire and Fleet personnel. Fire personnel routinely move between apparatus. Having a standardized fleet limits unnecessary delays with equipment familiarization and training. Our Fleet

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division is trained to repair Pierce apparatus, including motors, transmissions, and pumps. Having different apparatus increases their training and equipment needs to maintain the apparatus and will also increase the volume of parts stored in our already limited warehouse.

On February 1, 2024, Pierce will institute a 1.5% increase to all apparatus. Securing the purchase of the engine before this date saves the City and prepaying for the engine saves $156,353.26 for a total purchase price of $960,524.24, which is actually less than the engine ordered earlier this fiscal year due to a larger prepayment discount.

FISCAL IMPACT:

Due to the pending $1,000,000 grant for a Fire Engine and Training Tower from the State, this purchase will be fully reimbursed from grant funds. $39,475 of the grant will remain for a training tower. $1,000,000 appropriation in the General Fund will cover the expenditures that will be an equal offset by grant revenues to be amended into the budget.

The City will need to pay for additional equipment upon arrival of the engine in about three years which could be paid for from future fleet reserve funds.

ATTACHMENTS:

1. Hanford PUC Pumper Proposal Package - 02 Jan 24 (002)

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PREPARED ESPECIALLY FOR:

CITY OF HANFORD

FIRE DEPARTMENT

One (1) Pierce Manufacturing, Inc.

Impel 1500 GPM PUC™ Pumper

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Product Proposal
Standard Terms and Conditions (Exhibit A)
Product Specifications (Exhibit B)
▪ Supporting Documents (If Applicable)
◦ Electrical Analysis
◦ Turning Radius Report
Product Warranties (Exhibit C)
Dealer Supplied Products and/or Services (Exhibit D)

TABLE OF CONTENTS
1 2
3 4
5 goldenstateﬁre.com

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JROGHQVWDWHĆUHFRP

PRODUCT
PROPOSAL1

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OPTION A
100% PRE-PAYMENT

This will be the price of the Product(s)
contingent upon the Customer paying the
Grand Total Purchase Price to GSFA within
thirty (30) calendar days of the Executed Date
pursuant to the Payment Terms

Please note this discount is also available contingent upon a Third Party (Leasing Company) paying 100% of the Grand Total Purchase Price on behalf of the Customer to GSFA within thirty (30) calendar days of the Executed Date pursuant to the Payment Terms

IF YOU ELECT THIS OPTION,

IT RESULTS IN A SAVINGS OF
($164,874.37) OFF

OF THE GRAND TOTAL OF OPTION B

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goldenstatefire.com

7400 Reese Road, Sacramento, CA 95828 | 916.330.1638

PRODUCT PROPOSAL FOR:

City of Hanford Fire Department
350 W. Grangeville Blvd.

Hanford, CA 93230
Sales Consultant
Dewayne Young
[email protected]
Mobile: (209) 777-0650

Golden State Fire Apparatus, Inc. (“ GSFA”) is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the " Product”) to CITY OF HANFORD FIRE DEPARTMENT (“Customer ”) for consideration. This proposal (this “Product Proposal ”) includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the “Terms and Conditions ”); the Product Specifications attached as Exhibit B (the “Specifications ”); the Product Warranties attached as Exhibit C ; and the Dealer Supplied Products and/or Services attached as Exhibit D (the “Dealer Supplied Products/Services List ”) (all of the foregoing, collectively, the “ Agreement ”). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the “ Executed Date”).

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “ Grand Total Purchase Price”) to GSFA within thirty (30) calendar days of the Executed Date. If payment of the Grand Total Purchase Price is late, a late fee as specified in section 6 of the Terms and Conditions may be applied, and the Prepayment Discount may be adjusted, and the Grand Total Purcha se Price increased in accordance with section 2.c of the Terms and Conditions. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 01/02/2024 01/31/2024 30102-24A 952 Pierce
Manufacturing Inc.

Sourcewell #113021-
OKC-1, ID #252 –
Member #85061

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) Pierce Manufacturing, Inc. Impel 1500 GPM PUC™ Pumper 1,046,747.89 B Pre-Payment Discount for 100% Payment at Time of Order (the “Prepayment Discount”) (153,353.26) C SUBTOTAL 893,394.63
D 7.25% State Sales Tax 64,771.11
E California Tire Fee 10.50
F 100% Performance Bond 2,348.00
G GRAND TOTAL PURCHASE PRICE 960,524.24

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goldenstatefire.com

7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing , the Agreement shall then terminate and have no further force or effect.

PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 46 to 49 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PREDELIVERY SERVICE – If applicable, after transportation from the manufacturing facility and prior to final delivery or pick up, the Product shall receive those additional Products and/or services identified on the Dealer Supplied Products/Services List. It is estimated that such a service will add approximately 0.5 to 1 MONTH(S) to the above Product completion estimate. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PROPOSAL EXPIRATION – This Product Proposal supersedes any previous proposal(s) presented to Customer by GSFA and its employees and may be accepted by Customer on or before the Expiration Date identified above. Unless accepted by the Expiratio n Date, GSFA reserves the right to withdraw this Product Proposal or to alter its terms (including by providing updated Product pricing) prior to an order being accepted.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

ACCEPTANCE – ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. “ACCEPTANCE” MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR (B) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

COUNTERPARTS - This Product Proposal may be executed in multiple counterparts, each of which shall be deemed an original (including copies sent to a party by electronic transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument. A signed copy of this Product Proposal delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Product P roposal.

If this Product Proposal is returned to GSFA with the signature of Customer’s authorized representative but without an attest ation or co-signers signature, then absent Customer’s written notice to the contrary, GSFA shall be entitled to rely on such single signature as sufficient evidence of the signatory’s authority to execute the Agreement and bind Customer thereby.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 01/02/2024, GSFA Proposal Number 30102-24A to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA

__________________________________________________ _________________________________________________ Signature of Authorized Customer Representative Signature of Authorized GSFA Representative

__________________________________________________ _________________________________________________ Print Name Print Name

__________________________________________________ _________________________________________________ Title Title

__________________________________________________ _________________________________________________ Date Date

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OPTION B

PAYMENT AT TIME OF DELIVERY OR PICKUP

This will be the price of the Product(s) contingent
upon the Customer paying the Grand Total
Purchase Price to GSFA at time of delivery or pickup
pursuant to the Payment Terms

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goldenstatefire.com

7400 Reese Road, Sacramento, CA 95828 | 916.330.1638

PRODUCT PROPOSAL FOR:

City of Hanford Fire Department
350 W. Grangeville Blvd.

Hanford, CA 93230
Sales Consultant
Dewayne Young
[email protected]
Mobile: (209) 777-0650

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “ Grand Total Purchase Price”) to GSFA no later than the time of GSFA’s delivery of the applicable Product to Customer’s address listed above ( or Customer’s pick up of such Product at GSFA’s facilities, if approved by GSFA). GSFA shall have no obligation to deliver, or permit pick up of the Product if the Customer does not have full payment ready when the Product is complete and ready to deliver or pick up, as applicable. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions .

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing , the Agreement shall then terminate and have no further force or effect.

SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 01/02/2024 01/31/2024 30102-24B 952 Pierce
Manufacturing Inc.

Sourcewell #113021-
OKC-1, ID #252 –
Member #85061

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) Pierce Manufacturing, Inc. Impel 1500 GPM PUC™ Pumper 1,046,747.89 B 7.25% State Sales Tax 75,889.22
C California Tire Fee 10.50
D 100% Performance Bond 2,751.00
E GRAND TOTAL PURCHASE PRICE 1,125,398.61

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goldenstatefire.com

7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 46 to 49 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 01/02/2024, GSFA Proposal Number 30102-24B to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA

__________________________________________________ _________________________________________________ Signature of Authorized Customer Representative Signature of Authorized GSFA Representative

__________________________________________________ _________________________________________________ Print Name Print Name

__________________________________________________ _________________________________________________ Title Title

__________________________________________________ _________________________________________________ Date Date

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STANDARD TERMS

AND CONDITIONS
Exhibit “A”
2

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1 STANDARD TERMS AND CONDITIONS

1. Definitions.

a. “Agreement” has the meaning given in the Product Proposal. b. “Customer” means the customer identified in the Product Proposal. c. “Dealer Preparation ,” if applicable, means additional product(s) and/or services added by GSFA after Manufacturer’s completion of the Product and prior to d elivery, in accordance with the Dealer Supplied Products/Services List.
d. “Delivery Date” means the Product Completion timeframe plus the Predelivery Service timeframe equals the Delivery Date.
e. “Dealer Supplied Products/Services List” means the Dealer Supplied Products and/or Services List attached to the Product Proposal as Exhibit D, which reflects all Dealer Pre paration under the Agreement absent a valid Change Order(s).
f. “Grand Total Purchase Price ” means the total purchase price for the Product identified in the Product Proposal (subject to any adjustments required or permitted by these Terms and Conditions, including by the execution of a valid Change Order(s).
g. “GSFA” means Golden State Fire Apparatus, Inc., a California corporation. h. “Manufacturer” means the person or persons, company, firm, corporation, partnership, or other organization identified in the Product Proposal as responsible for manufacturing the Product . i. “Party” or “Parties” means GSFA and/or Customer, as applicable. j. “Predelivery Service” means the Products and/or Services that will be provided by GSFA after transportation of the Product(s) from the manufacturing facility and prior to Final Delivery or Pick -Up. k. “Prepayment Discount” means a discount to the purchase price for the Product granted to Customer in connection with Customer’s advance payment of the Grand Total Purchase Price (or portion thereof, as specified in the Product Proposal).
l. “Product” means the fire apparatus(es) and any associated equipment listed in the Product Proposal and further described in the Specifications.
m. “Product Completion” means the fire apparatus(es) in the Product Proposal and further described in the Specifications being ready for final inspection by Customer at the manufacturing facility. n. “Product Proposal” means the GSFA proposal executed by Customer to which these Terms and Conditions are attached.
o. “Product Warranties ” means the Manufacturer warranties for the Product attached to the Product Proposal as Exhibit C.
p. “Specifications” means the specifications for the Product attached to the Product Proposal as Exhibit B. q. “Terms and Conditions ” means these Standard Terms and Conditions , which are attached to the Product Proposal as Exhibit A.

2. Purchase and Payment.

a. Purchase. Customer agrees to purchase the Product a t the Grand Total Purchase Price (as such amount may be adjusted in accordance with these Terms and Conditions) , pursuant to the payment terms set forth in the Product Proposal. The Grand Total Purchase Price is payable in U.S. dollars.

b. Contingency Reserve Fund. The Grand Total Purchase Price may include an amount to be set aside for the purpose of funding any future costs or financial obligations incurred by Customer under the Product Proposal or any valid Change Order(s) (the “Contingency Reserve Fund”). If applicable, the amount of any required Contingency Reserve Fund will be set forth in either the Product Proposal or Exhibit D. The Contingency Reserve Fund may be withdrawn against by Customer or GSFA for the purpose of satisfying Customer’s payment obligations under the initial Product Proposal or any valid Change Order (s) (including, without limitation, a Change Order submitted by GSFA pursuant to Section 8.b). If a Contingency Reserve Fund is required under the Agreement, the amount of such fund is not intended as an estimate of the actual additional costs of contingencies, Change Orders, unforeseen items

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2 or other required work that may be incurred under the Agreement after submission of the Product Proposal to Customer, which amounts Customer acknowledges may exceed the Contingency Reserve Fund amount. The balance of any Contingency Reserve Fund will be credited against Customer’s payment obligations, or otherwise returned to Customer within thirty (30) calendar days of delivery of all Products under the Agreement (provided that Customer has paid all amounts owed under the Agreement as of such date).

c. Prepayment Discount . If GSFA has granted Customer a Prepayment Discount, Customer must provide each associated prepayment (each, a “ Prepayment”) within the time frame specified in the Product Proposal in order to receive such discount . Customer’s failure to timely make such Prepayment may result in : (i) GSFA’s termination of the Agreement; and/or (ii) Customer’s loss of the Prepayment Discount for the portion of the Grand Total Purchase Price represented by such outstanding Prepayment and the application of a late f ee as set forth in Section 6, in each case in GSFA’s sole discretion.

d. State Sales Tax. Customer shall be responsible for the cost of state sales tax associated with, or attributable to, the Product. The taxes stated in the Product Proposal are subject to adjustment for the applicable state sales tax rate in effect at the time of delivery. Therefore, the sales tax set forth on the Product Proposal is only an estimate of such taxes and will be increased or decreased at the time of d elivery if a change in the applicable sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the difference in the applicable sales tax.

3. Product Completion Date . Within thirty (30) calendar days of the date on which the last required signatory executes the Product Proposal (such date, the “Executed Date”), GSFA shall submit to Customer a tentative Product completion date (which may differ from the Product completion estimate contained in the Product Proposal) . Due to global supply chain constra ints, any P roduct completion date contained herein, or in the Product Proposal , or otherwise provided to Customer , is a good faith estimate only as of the date provided to Customer, and merely an approximation based on current information available to GSFA and Manufacturer. Customer shall not be entitled to rely on any such estimate, and GSFA shall have no liability to Customer for a failure by GSFA or Manufacturer to meet any such estimate. All Product completion estimates are subject to modification and, if applicable, GSFA will provide updates to such estimates to Customer when available.

4. Stock / Demo Units. Notwithstanding any other provision contained in the Agreement (including Section 12 hereof concerning warranties), any Products constituting stock/demo unit(s) are sold to Customer on an as -is, first-come and first served-basis and GSFA makes no further representation or warranty to any customer with respect to such unit(s). Regardless of the terms of the Product Proposal, GSFA shall only be obligated to sell such stock/demo unit(s) to the first customer to enter into a purchase agreement with GSFA identifying such unit(s), and after the execution by GSFA of such agreement any subsequent purchase agreement (including the Agreement, as applicable) shall have no further force or effect with respect to such unit(s).

5. Multiple Unit Purchase. If the Grand Total Purchase Price includes pricing for multiple Products, the Product price stated in the Product Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Agreement. GSFA shall have no obligation to offer the same price for any Product if purchased by Customer pursuant to a later purchase agreement.

6. Late Fee; Storage Fee. A late fee equal to 0.033% of the outstanding portion of the Grand Total Purchase Price will be charged per calendar day for overdue payments beginning ten (1 0) calendar days after the payment is due and continuing for the first thirty (30) calendar days thereafter. After such thirty (30) calendar day period , the late fee shall increase to 0.044% per calendar day until payment of the outstanding portion of the Grand Total Purchase Price is received. If Customer is unable to satisfy the delivery requirements hereunder or is unwilling to take delivery of the Product, then GSFA shall be entitled to a storage charge running from the earlier of: (i) the date of d elivery agreed to between GSFA and Customer (provided GSFA is willing and able to deliver the Product on such date) , or (ii) twenty-one (21) calendar days after GSFA notifies Customer that the Product is available for delivery. The storage charge is equal to: (i) $175.00 per calendar day per apparatus stored, or (ii) the actual charges incurred by GSFA with a third party for storage of the Product, whichever is greater. Such storage charge shall continue until the actual time

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3 of delivery and Customer’s possession of the Product , and any such storage by GSFA or such third party shall be at the sole risk of Customer.

7. Delivery; Inspection and Acceptance.

a. Delivery. Subject to Section 5 hereof, the Product is scheduled to be delivered to the location and within the time period specified in the Product Proposal . Such delivery date is an estimate, and GSFA is , notwithstanding this Section 7.a, not bound to such date unless it otherwise agrees in a separate writing to complete delivery by a date certain. For the avoidance of doubt, GSFA is not responsible for delivery delays caused by or because of actions, omissions or conduct of Customer, the Manufacturer, or their respective employees, affiliates, suppliers, contractors, and carriers. Risk of loss for the Product shall pass to Customer at the point and time of delivery (which shall include an attempted delivery by GSFA which cannot be completed due to any act of Customer). However, title to the Product shall only pass to Customer upon d elivery if Customer has then fully paid GSFA all amounts due hereunder (including additional amounts due under any valid Change Order). Absent GSFA’s separate written agreement, which it may or may not provide in its sole and absolute discretion, delivery of the Product will not occur before Customer has fully paid all amounts due under the Agreement and provided proof of insurance reasona bly satisfactory to GSFA . If GSFA permits Customer to take possession of the Product, Customer may not mount equipment, conduct training, or place the Product into service until all amounts due under the Agreement have been paid. If Customer has ordered mu ltiple Products, GSFA reserves the right to deliver such Products in installments and to separately invoice Customer for such Products.

b. Inspection and Acceptance . Upon delivery, Customer shall have ten (10) calendar days within which to inspect the Product for substantial conformance to the Specifications, and in the event of substantial non- conformance to the Specifications to furnish GSFA with written notice sufficient to permit GSFA to evaluate such non-conformance (“ Notice of Nonconformance to Specifications ”). Contingent upon part availability and Customer’s cooperation, any Product not in substantial conformance to material Specifications shall be remedied by GSFA (by repair or replacement, at GSFA’s election) within thirty (30) calendar days from GSFA’s receipt of the Notice of Nonconformance to Specifications. In the event GSFA does not receive a Notice of Nonconformance to Specifications within ten (10) calendar days of d elivery, the Product will be d eemed to be in conformance with Specifications and accepted by Customer.

8. Changes to Agreement Terms.

a. Change Orders . The Customer may request that GSFA incorporate a change to the Product or the Specifications for the Product, or GSFA may submit changes to the Agreement required or permitted to be made by GSFA (pursuant to Section 8.b or otherwise) by delivering a written Change Order to the other party hereto , which shall include a description of the proposed change sufficien t to permit the receiving party to evaluate such change (either, a “Change Order”). For any Change Order submitted by Customer, GSFA will provide Customer a written response (a “Response”) stating (i) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion) ; and (ii) the terms of the modification to the order, including any increase or decrease in the Grand Total Purchase Price resulting from such Change Order, a date on which any increase in the Grand Total Purchase Price must be paid, and an estimate of any effect on production scheduling or delivery resulting from such Change Order. Customer shall have seven (7) calendar days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response . In the event Customer countersigns GSFA’s Response, Customer shall pay the increase (or be refunded the decrease) in the Grand Total Purchase Price by the date specified in the Response. GSFA may also send Customer a Change Order to account for any changes t o the Agreement required or permitted to be made by GSFA (including those changes required pursuant to Section 8.b hereof), and such Change Order shall be effective upon d elivery to Customer unless Customer elects to terminate the applicable Product order under the Agreement in accordance with Section 9.

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4 b. Additional Changes.

i. Component Price Volatility ; Increases Imposed by Manufacturer. GSFA shall not be responsible for (i) any unforeseen price increase or surcharge enacted by suppliers of major components of the Product (including but not limited to commercial chassis, engine, transmission, and fire pump); or (ii) price increases imposed on GSFA by Manufacturer pursuant to Manufacturer’s terms and conditions for sale of the Product (a “Manufacturer Price Increase”), after Customer becomes bound by t he Agreement. Customer shall be responsible for all amounts arising from a ny price increases for major components of the Product (including all associated taxes and fees thereon) for the Product or any Manufacturer Price Increases occurring after the execution of the Agreement which increases the cost of the Product to GSFA , and such amounts will be documented on a Change Order adjusting the Grand Total Purchase Price accordingly . Customer shall pay any such price increase prior to Product delivery. A Manufacturer Price Increase may include, but shall not be limited to, an increase in Product price resulting from an increase in the Producer Price Index of Components for Manufacturing (see www.bls.gov Series ID: WPUID6112) in excess of a compounded annual growth rate of five percent (5%), as measured between the month Manufacturer accepts the applicable Product order and the month that is fourteen (14) months prior to the then-current estimated Product completion date (the foregoing, a “ PPI-Based Price Increase”). If, upon Customer’s receipt of a Change Order reflecting a PPI-Based Price Increase, Customer elects to terminate the applicable Product Order in accordance with Section 8.b.iii rather than pay such increase, then in lieu of the cancellation fees described in Section 9.a hereof GSFA shall be entitled to recover and Customer shall pay GSFA’s actual non- reimbursable costs incurred in connection with the Product order through the date of Customer’s termination of such Product order.

ii. New Legal Standards. In the event the Product design, materials or specifications require an alteration arising from new regulations issued by any governmental entity or trade association, including, but not limited to, the NFPA, DOT, and EPA , and such alteration increases the cost of the Product to GSFA, Customer shall be responsible for changes to the Grand Total Purchase Price arising from such alteration. GSFA shall promptly notify Customer when it becomes aware of any potential or required change in regulations occurring prior to delivery that would impact the Product purchased.

iii. Change Orders. Customer shall execute any Change Order submitted by GSFA documenting any of the changes required or permitted by Sections 8.b.i and 8.b.ii above (which shall, to the extent practicable, itemize any increases in the Grant Total Purchase Price and specify a commercially reasonable date by which Customer must pay such increase), unless Customer instead elects to terminate the applicable Product order under the Agreement within fifteen (15 ) calendar days of Customer’s receipt of such Change Order and in accord ance with Section 9.

Absent such a termination , failure to execute a Change Order does not alter Customer’s obligations under this Section 8.b.

c. Changes in Commercial Specifications. Specifications for all components of the Product manufactured by companies other than the Manufacturer are subject to change without notice. Specifications for such components will be as available at the time of manufacture of the Product. GSFA shall not b e liable for any deviations in such specifications arising from a substitution of components or changes in the design of any component by their original manufacturer.

9. Termination.

a. By Customer. Customer may terminate a Product order identified in the Product Proposal or a Change Order by providing written notice to GSFA in accordance with Section 16 hereof. If Customer elects to terminate a Product order, Customer shall pay GSFA a cancellation fee as follows: (a) afte r the Product order is accepted and entered by GSFA , 10% of the portion of the Grand Total Purchase Price applicable to such Product (including all associated taxes, fees and costs) (such amount, the “ Product Purchase Price ”); (b) after completion of the p re- construction phase of the order process , 20% of the Product Purchase Price ; and (c) after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or Manufacturer but before substantial completion of such Product, 50% of the Product Purchase Price. Customer shall not be permitted to terminate a Product order after substantial completion of manufacturing and assembly of such Product (excluding

Page 104 of 335 ends

5 any Dealer Preparation or other pre -delivery services or untypical Product customization, if applicable).

Notwithstanding the foregoing, if the applicable tier of cancellation fee is not sufficient to cover all actual costs and fees incurred by GSFA with Manufacturer in connection with Customer’s termination of the Product order (“Manufacturer Termination Fees”), then in addition to such cancellation fee Customer shall pay the balance of all Manufacturer Termination Fees. If Customer received a Prepayment Discount, such discount shall not be considered for the purpose of calculating the above cancellation fee. The tier of cancellation fee applicable to any cancellation , as well as the determination of whether a Product has reached substantial completion, shall be in the sole and absolute discretion of GSFA. Customer may request a fee waiver, and GSFA, in its sole discretion, may agree to waive and/or adjust such fee. GSFA will return the balance of the Grand Total Purchase Price or Product Purchase Price, as applicable, within thirty (30) calendar days of the effective date of the cancellation of the Product order or termination of the Agreement.

Customer may terminate the Agreement for an Event of Default by GSFA after providing GSFA with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following GSFA’s receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as GSFA has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable.

b. By GSFA . GSFA may terminate the Agreement for an Event of Default by Customer after providing Customer with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following Customer’s receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as Customer has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable. Notwithstanding the foregoing, GSFA may terminate the A greement effective immediately upon written notice to Customer for Customer’s failure to pay any amount owed under the Agreement when due .

Notwithstanding any other provision of this Agreement, if Customer terminates a Product order in accordance with Section 9.a above, GSFA may elect to instead terminate the Agreement upon notice to Customer in accordance with Section 16 hereof. If GSFA terminates the Agreement in accordance with this Section 9 .b, Customer shall pay the applicable tier of cancellation fee for all Products pursuant to Section 9.a above as if Customer had elected to terminate each applicable Product order.

c. Based on Discontinuation or Cancellation by Manufacturer . In the event that Manufacturer cancels a Product order (provided that such cancellation is not the result of an act by Customer in violation of the Agreement) or discontinues the manufacture of a Product prior to its completion and d elivery: (i) if such Product is the only Product contemplated under the Agreement, then the Agreement shall terminate; or (ii) if additional Products are contemplated under the Agreement, then only the Product order for the applicable cancelled or discontinued Product shall be terminated . Such Agreement termination or Product termination , as applicable, shall be effective upon GSFA’s written notice to Customer of such cancellation or discontinuance in accordance with Section 16 hereof.

GSFA’s only obligation to Customer in such event shall be the return of any Prepayment paid by Customer for the cancelled or discontinued Product . For the avoidance of doubt, the cancellation fees contemplated in Section 9.a hereof shall not apply in the event of a termination pursuant to this Section 9.c .

10. Customer’s Obligations . Customer shall provide its timely and best efforts to cooperate with GSFA and Manufacturer during the Product manufacturing process. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to any requests from Manufacturer or GSFA and the participation of Customer’s authorized representatives in traveling to Manufacturer’s facility for inspections and approval of the Product, including a final approval before the Product leaves Manufacturer’s facility .

11. Representations and Warranties . Customer hereby represents and warrants to GSFA as of the Executed Date that the execution of the Agreement and the purchase of the Product(s) and performance of the other obligations

Page 105 of 335 ends

6 of Customer under the Agreement have been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances , purchasing policies, and other governing documents, and executed by the appropriate Customer employees, officials, and/or representatives , and fundi ng for Customer’s performance of its obligations under the Agreement has been duly budgeted and appropriated by Customer.

12. Standard Warranty . All applicable M anufacturer warranties are contained in the Product Warranties . Any additional warranties must be expressly approved in a writing signed by GSFA, and Customer acknowledges and agrees that Manufacturer will not be liable for any such additional warranties .

a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT, GSFA, ITS AFFILIATES, AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, DO NOT MAKE

ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT (WHETHER RELATING TO THE CONDITION

OR QUALITY OF THE PRODUCT, OR OTHERWISE) PROVIDED HEREUNDER OR OTHERWISE REGARDING THE

AGREEMENT (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY APPLICABLE DEALER PREPARATION) , WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY

IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE

IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE , AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

STATEMENTS MADE BY SALES CONSULTANTS OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.

b. Exclusions of Incidental and Consequential Damages . In no event shall GSFA be liable for consequential, incidental, or punitive damages incurred by Customer in connection with any matter arising out of or relating to the Agreement, or the breach thereof, even if GSFA has been advised of the possibility of such damages, and regardless of whether such damages arise out of breach of warranty, the Agreement , indemnity, whether resulting from non- delivery or from GSFA’s own negligence, or otherwise, except and solely to the extent such damages arise from the gross negligence or willful misconduct of GSFA.

13. Default. The occurrence of one or more of the following events (each, an “Event of Default”) shall constitute a default under the Agreement: (a) Customer’s failure t o pay any amounts due or to perform any of its obligations under the Agreement; (b) GSFA’s failure to perform any of its obligations under the Agreement; (c) either Party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either Party u nder the Agreement which is false in any material respect; (e) any action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity during the term of the Agreement; (f) any other material breach of the terms of the Agreement by a Party; or (g ) a default or breach by Customer under any other agreement with GSFA or its affiliates.

14. Indemnification of GSFA . Customer shall indemnify, defend, and hold harmless GSFA, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including attorneys’ fees and other legal expenses, of whatever nature (“Damages”), to the extent Damages arise out of or in connection with: (i) Customer’s breach of the Agreement, or (ii) Customer’s use, storage, or operation of the Product following delivery, regardless of where, how, and by whom operated (excluding any negligent operation by GSFA ).

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of the Agreement, whether by expiration of time, by operation of law or otherwise.

This provision is not intended to and shall not constitute the exclusive remedy of the P arties under the Agreement; the Parties may seek indemnity from one another under other legal principles, whether based in equity or law, so long as they do not nullify or cancel the effects of this paragraph.

15. Force Majeure. GSFA shall not be responsible nor deemed to be in default of any provision of the Agreement on account of delays in performance due to causes which are beyond GSFA’s or Manufacturer’s control and which make GSFA’s performance impracticable, including but not limited to wars, insurrections, strikes or labor unrest, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of federal, state or local government, failure or delays in transportation, inability to obtain necessary labor , supplies or manufacturing facilities, supply chain issues, allocation regulations or orders affecting materials, equipment, facilities or completed

Page 106 of 335 ends

7 products, failure to obtain any required license or certificates, acts of God or the public enemy or terror ism, failure of transportation, disease, pandemics or epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their agreements or labor troubles causing cessation, slowdown, or interruption of work.

16. Notice. Any notices, requests, consents, claims, demands, waivers and other communications required or permitted to be given hereunder must be given in writing at the address of each Party set forth below, or t o such other address as either Party may substitute by written notice to the other in accordance with this Section 16 , by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally recognized private express courier. All such communications will be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) on the third (3rd) calendar day after the date mailed, by registered, express or certifi ed mail; or (iii) when delivered by the addressee if sent by a nationally recognized private express courier.

GSFA: CUSTOMER:

Golden State Fire Apparatus Inc. To the address listed in the Product Proposal 7400 Reese Road
Sacramento, CA 95828

17. Contradictions. In the event of a conflict between the Agreement and any Change Order, or between Change Orders, the terms of the latest executed Change Order shall control.

18. Manufacturer’s Statement of Origin . It is agreed that the manufacturer’s statement of origin (“ MSO”) for the Product covered by the Agreement, if applicable, shall be retained and remain in the possession of GSFA per California Department of Vehicles (DMV) directive s. Notwithstanding the for egoing, GSFA shall provide Customer with the original MSO if the Customer is self- registering, and Customer shall comply with all good-faith Process of Duty and other DMV requirements applicable to the Product and retain its own MSO.

19. Assignment. The relationship of the Parties established under the Agreement is that of independent contractors and neither Party is a partner, employee, agent, or joint venturer of or with the other. Neither Party may assign its rights and obligations under the Agreement unless it has obtained the prior written approval of the other P arty.

20. Governing Law; Jurisdiction; Disputes. Without regard to any conflict of laws provisions, the Agreement is to be governed by and under the laws of the state of California. Prior to taking any legal action that may and/or can arise out of the Agreement, the Parties shall first attempt mediation with an agreed upon mediator. If the Parties cannot agree upon a mediator within thirty (30) calendar days of the submission of written notice of a dispute in accordance with Section 16 hereof, if any disputed matter remain unresolved within thirty (30) calendar days of the commencement of discussions, or if any party refuses to meet, then either party may submit any remaining disputes concerning and/or claim regarding the Agreement and/or the terms and conditions herein to the Superior Court, County of Sacramento (and the parties expressly consent to exclusive personal jurisdiction and venue before such court).

21. Entire Agreement; Amendments . The Agreement, including t he Product Proposal, its exhibits, and all valid Change Orders, is the exclusive agreement between the Parties regarding the subject matter contained herein and therein. No change in, modi fication of, or revision of the Agreement shall be valid unless in writing and signed by duly authorized representatives of both Parties with authority to sign such amendments to the Agreement.

END OF STANDARD TERMS AND CONDITIONS

Page 107 of 335 ends

JROGHQVWDWHĆUHFRP

PRODUCT

SPECIFICATIONS
Exhibit “B”
3

Page 108 of 335 ends

Proposal Details Report
OptionCode
Type
Option
ProposalText
0766589
Boiler Plates, PUC Pumper

Golden State Fire Apparatus
is pleased to submit a proposal to
City of Hanford Fire Department

for a
Pierce® multi purpose response vehicle
per your request for quotation. The following
paragraphs will describe in detail the apparatus, construction methods, and equipment proposed.

This proposal will indicate size, type, model and make of components parts and equipment, providing proof of compliance with each and every item (except where noted) in the departments advertised specifications.

PIERCE MANUFACTURING was founded in
1913
. Since then we have been building bodies with
one philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over
75 years of experience in the fire apparatus market. Pierce Manufacturing has built and put into service more than
62,500
apparatus, including more than
33,900
on Pierce custom chassis designed and built specifically for fire and emergency applications. Our Appleton, Wisconsin facility has over 870,000
total square feet of floor space
situated on approximately
105
acres of land. Our Bradenton, Florida facility has
300,000
square
feet of floor space situated on approximately
38 acres of land.

Our beliefs in high ethical standards are carried through in all of our commitments and to everyone with whom we do business. Honesty, Integrity, Accountability and Citizenship are global tenets by which we all live and work. Consequently, we neither engage in, nor have we ever been convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market.

Pierce has only one brand of fire apparatus "Pierce", ensuring you are receiving top of the line product that meets your specification.

In accordance with the current edition of applicable NFPA standards, this proposal will specify whether the fire department, manufacturer, or apparatus dealership will provide required loose equipment.

Images and illustrative material in this proposal are as accurate as known at the time of publication, but are subject to change without notice. Images and illustrative material is for reference only, and may include optional equipment and accessories and may not include all standard equipment.

GENERAL DESIGN AND CONSTRUCTION
To control quality, ensure compatibility, and provide a single source for service and warranty, the custom cab, chassis, pump module and body will be entirely designed, assembled/welded and painted in Pierce owned manufacturing facilities. This includes, but not limited to the cab weldment, the pumphouse module assembly, the chassis assembly, the body and the electrical system.

QUALITY AND WORKMANSHIP
Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning and we demonstrate that ongoing commitment by: Ensuring all steel welding follows American Welding Society D

1.1-2004
recommendations for structural steel welding. All aluminum welding follows American Welding society and ANSI D

1.2-2003
requirements for structural
welding of aluminum. All sheet metal welding follows American welding Society B

2.1-2000

requirements for structural welding of sheet metal. Our flux core arc welding uses alloy rods, type 7000
and is performed to American Welding Society standards A

5.20 -E
70 T
1 . Furthermore, all
employees classified as welders are tested and certified to meet the American welding Society codes upon hire and every three (
3 ) years thereafter. Pierce also employs and American Welding Society certified welding inspector in plant during working hours to monitor weld quality.

Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001
. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that are established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance is included with this proposal.

In addition to the Quality Management system, we also employ a Quality Achievement Supplier program to insure the vendors and suppliers that we utilize meet the high standards we demand.

That is just part of our overall "Quality at the Source" program at Pierce.

To demonstrate the quality of our products and services, a list of at least five (
5 )
fire
departments/municipalities that have purchased vehicles for a second time is provided.

DELIVERY
The apparatus will be delivered under its own power to insure proper break-in of all components while the apparatus is still under warranty.

A qualified delivery representative shall deliver the
apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered.

MANUAL AND SERVICE INFORMATION
At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle.

SAFETY VIDEO
At the time of delivery Pierce will also provide one (
1 )
39 -minute, professionally produced
apparatus safety video, in DVD format. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre-trip inspection, chassis operation, pump operation, aerial operation, and safety during maintenance.

PERFORMANCE TESTS
1/2/2024
Customer:

HANFORD FIRE

DEPARTMENT
Bid Number:
952
Representative
Young, Dewayne
Job Number:

Requirements Manager:

Organization:

Golden State Fire Apparatus, Inc
Description:

Hanford FD (Duplicate 41417)
Chassis:

Impel Chassis, PUC-NG
Body:

Pumper, PUC, Aluminum
1 952
Bid #:

Page 109 of 335 ends

A road test will be conducted with the apparatus fully loaded and a continuous run of no less than ten (
10 ) miles. During that time the apparatus will show no loss of power nor will it overheat. The transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. The apparatus when fully loaded will not have less than 25 percent nor more than
50 percent on the front axle, and not less than
50 percent nor more than
75 percent on the rear axle.

The apparatus will meet the current edition of applicable NFPA standards acceleration and braking requirements.

SERVICE AND WARRANTY SUPPORT
Pierce dealership support will be provided by
Golden State Fire EVS
by
operating in conjunction
with
a Pierce authorized service center. The service center will have factory-trained mechanics on staff versed in Pierce fire apparatus. The service facility will be located within two hundred fifty
(
250
) miles
of the fire department.

In addition to the dealership, Pierce has service facilities located in both, Weyauwega, Wisconsin and Bradenton, Florida. Pierce also maintains a dedicated parts facility of over 100,000
square
feet in Appleton, Wisconsin. The parts facility stocks in excess of $5,000,000
in parts dedicated to
service and replacement parts. The parts facility employs a staff dedicated solely for the distribution and shipment of service and replacement parts.

Service parts for the apparatus being proposed can be found via Pierceparts.com which, is an interactive online tool that delivers information regarding your specific apparatus as well as the opportunity to register for training classes.

As a Pierce customer you have the ability to view the complete bill of materials for your specific apparatus, including assembly drawings, piece part drawings, and beneficial parts notations. You will also have the ability to search the complete Pierce item master through a parts search function which offers all Pierce SKU's and descriptions offered on all Pierce apparatus. Published component catalogs, which include proprietary systems along with an extensive operators manual library is available for easy reference.

Pierce Manufacturing maintains a dedicated service and warranty staff of over 35 personnel,
dedicated to customer support, which also maintains a
24 hour
7 day a week toll free hot line,
four (
4 ) on staff EVTs, and offers hands-on repair and maintenance training classes multiple times a year.

LIABILITY
The successful bidder will defend any and all suits and assume all liability for the use of any patented process including any device or article forming a part of the apparatus or any appliance furnished under the contract.

INSURANCE PROVIDED BY BIDDER

COMMERCIAL GENERAL LIABILITY INSURANCE
The successful bidder will, during the performance of the contract and for three ( 3 ) years
following acceptance of the product, keep in force at least the following minimum limits of commercial general liability insurance:

Each Occurrence
$1,000,000
Products/Completed Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
General Aggregate
$2,000,000
Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form and will include Contractual Liability coverage for bodily injury and property damage subject to the terms and conditions of the policy. The policy will include Owner as an additional insured when required by written contract.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
The successful bidder will, during the performance of the contract, keep in force at least the following minimum limits of commercial automobile liability insurance and coverage will be written on a Commercial Automobile liability form:

Each Accident Combined Single Limit:
$1,000,000

UMBRELLA/EXCESS LIABILITY INSURANCE
The successful bidder will, during the performance of the contract and for three ( 3 ) years
following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance:

Aggregate:
$3,000,000
Each Occurrence:
$3,000,000
The umbrella policy will be written on an occurrence basis and at a minimum provide excess to the bidder's General Liability and Automobile Liability policies.

The required limits can be provided by one (
1 ) or more policies provided all other insurance
requirements are met.

Coverage will be provided by a carrier(s) rated A- or better by A.M. Best.

All policies will provide a
30 -day notice of cancellation to the named insured. The Certificate of Insurance will provide the following cancellation clause: Should any of the above described polices be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

Bidder agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as certificate holder.

INSURANCE PROVIDED BY MANUFACTURER

PRODUCT LIABILITY INSURANCE
The manufacturer will, during the performance of the contract and for three ( 3 ) years following
acceptance of the product, keep in force at least the following minimum limits of Product Liability insurance:

Each Occurrence
$1,000,000
Products/Completed Operations Aggregate
$1,000,000
Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form. The manufacturer's policy will include the owner as additional insured when required by written contract between the Owner and a Pierce authorized dealer.

UMBRELLA/EXCESS LIABILITY INSURANCE
The manufacturer will, during the performance of the contract and for three ( 3 ) years following
acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance:

Each Occurrence:
$25,000,000
Aggregate:
$25,000,000
The umbrella policy will be written on an occurrence basis and provide excess to the manufacturer's General Liability/Products policies.
2 952
Bid #:

Page 110 of 335 ends

The required limits can be provided by one (
1 ) or more policies provided all other insurance
requirements are met.

Coverage will be provided by a carrier(s) rated A- or better by A.M. Best.

Manufacturer agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as the certificate holder. 0661794
Single Source Compliance

SINGLE SOURCE MANUFACTURER
Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality.
0584456
Manufacture Location, Appleton,
Wisconsin
Your apparatus will be manufactured in Appleton, Wisconsin. 0584452
RFP Location: Appleton, Wisconsin

0588609
Vehicle Destination, US
0610784
Comply NFPA 1901 Changes
Effective Jan 1, 2016, With
Exceptions
NFPA
2016

STANDARDS
This unit will comply with the NFPA standards effective January 1 ,
2016
, except for fire
department directed exceptions. These exceptions will be set forth in the Statement of Exceptions.

Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus.

All horizontal surfaces designated as a standing or walking surface that are greater than

48.00 "
above the ground must be defined by a

1.00 " wide line along its outside perimeter. Perimeter markings and designated access paths to destination points will be identified on the customer approval print and are shown as approximate. Actual location(s) will be determined based on materials used and actual conditions at final build. Access paths may pass through hose storage areas and opening or removal of covers or restraints may be required. Access paths may require the operation of devices and equipment such as the aerial device or ladder rack.

A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating.

The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications.

An official of the company will designate, in writing, who is qualified to witness and certify test results.
0533347
Pumper/Pumper with Aerial Device
Fire Apparatus
0588611
Vehicle Certification, Pumper

0661778
Agency, Apparatus Certification,
Pumper/Tanker, U.L.

NFPA COMPLIANCY
Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA".

PUMP TEST
Underwriters Laboratory (UL) will test, approved, and certify the pump. The test results and the pump manufacturer's certification of hydrostatic test; the engine manufacturer's certified brake horsepower curve; and the pump manufacturer's record of pump construction details will be forwarded to the Fire Department.

GENERATOR TEST
If the unit has a generator, Underwriters Laboratory (UL) will test, approved, and certify the generator. The test results will be provided to the Fire Department at the time of delivery.

BREATHING AIR TEST
If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and have the sample certified that the air quality meets the requirements of NFPA 1989
,
Standard
on
Breathing Air Quality for Fire and Emergency Services Respiratory Protection. 3 952
Bid #:

Page 111 of 335 ends

0891947
Certification, Vehicle Inspection
Program, NFPA 1901

VEHICLE INSPECTION PROGRAM CERTIFICATION
To assure the vehicle is built to current NFPA
1901
standards, the apparatus, in its entirety, will
be third-party, independent, audit-certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition. The certification includes: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus.

A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of the whole vehicle audit. 0766110
Consortium, Sourcewell

0537375
Unit of Measure, US Gallons

0030006
Bid Bond Not Requested

BID BOND NOT REQUESTED
A bid bond will not be included. If requested, the following will apply:

All bidders will provide a bid bond as security for the bid in the form of a 5%
bid bond to
accompany their bid. This bid bond will be issued by a Surety Company who is listed on the U.S.

Treasury Departments list of acceptable sureties as published in Department Circular 570
. The
bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language, which assures that the bidder/principal will give a bond or bonds as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (
1 ) Year Limited Warranty, and for the
prompt payment of labor and material furnished in the prosecution of the contract.

Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (
1 ) Year Limited Warranty for such vehicle. Any surety
bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail.
0816571
Performance Bond, 100% with 25%
Warranty Bond, 1 Yr, and Payment
Bond, PPI Terms

PERFORMANCE BOND,
1 YEAR
The successful bidder will furnish a Performance and Payment bond (Bond) equal to 100
percent
of the total contract amount within
30 days of the notice of award. Such Bond will be in a form acceptable to the Owner and issued by a surety company included within the Department of Treasury's Listing of Approved Sureties (Department Circular 570
) with a minimum A.M. Best
Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required.

Bidder and Bidder's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Basic One ( 1 ) Year Limited
Warranty period included within this proposal. Owner agrees that the penal amount of this bond will be simultaneously amended to
25 percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein. Notwithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type will not exceed one (
1 ) year from the date of such satisfactory acceptance and delivery, or the actual Basic One (
1 ) Year Limited Warranty period, whichever is shorter.

Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.

If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID:

WPUID
6112
] ("PPI") has increased at a compounded annual growth rate of

5.0%
or more
between the month Pierce accepts the order ("Order Month") and a month 14 months prior to the
then predicted Ready For Pickup date ("Evaluation Month"), then pricing may be updated in an amount equal to the increase in PPI over

5.0%
for each year or fractional year between the Order
Month and the Evaluation Month.

The seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order.
0000007
Approval Drawing

APPROVAL DRAWING
A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc.

A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. 0002928
Electrical Diagrams

ELECTRICAL WIRING DIAGRAMS
Two (
2 ) electrical wiring diagrams, prepared for the model of chassis and body, will be provided. 4 952
Bid #:

Page 112 of 335 ends

0889131
Impel Chassis, PUC-NG

IMPEL CHASSIS
The Pierce Impel® is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt-type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with adequate strength and capacity for the intended load to be sustained and the type of service required. The chassis will be the manufacturer's first line tilt cab.
0000110
Wheelbase

WHEELBASE
The wheelbase of the vehicle will be
177.00
inches
.
0000070
GVW Rating

GVW RATING
The gross vehicle weight rating will be
46,500
pounds
.
0000203
Frame Rails, 13.38 x 3.50 x .375,
Qtm/AXT/Imp/Vel/DCF

FRAME
The chassis frame will be built with two (
2 ) steel channels bolted to five (
5 ) cross members or
more, depending on other options of the apparatus. The side rails will have a

13.38 " tall web over
the front and mid sections of the chassis, with a continuous smooth taper to

10.75 " over the rear
axle. Each rail will have a section modulus of

25.992
cubic inches and a resisting bending
moment (rbm) of
3,119,040
in-lb over the critical regions of the frame assembly, with a section modulus of

18.96 cubic inches with an rbm of
2,275,200
in-lb over the rear axle. The frame rails
will be constructed of
120,000
psi yield strength heat-treated

0.38 " thick steel with

3.50 " wide
flanges.
0020018
Frame Liner Not Req'd

0508848
Axle, Front, Oshkosh TAK-4, Non
Drive, 19,500 lb, Imp/Vel

FRONT NON DRIVE AXLE
The Oshkosh TAK-
4 ® front axle will be of the independent suspension design with a ground rating of
19,500
lb.

Upper and lower control arms will be used on each side of the axle. Upper control arm castings will be made of
100,000
-psi yield strength
8630
steel and the lower control arm casting will be
made of
55,000
-psi yield ductile iron.

The center cross members and side plates will be constructed out of 80,000
-psi yield strength
steel.

Each control arm will be mounted to the center section using elastomer bushings. These rubber bushings will rotate on low friction plain bearings and be lubricated for life. Each bushing will also have a flange end to absorb longitudinal impact loads, reducing noise and vibrations.

There will be nine (
9 ) grease fittings supplied, one (
1 ) on each control arm pivot and one (
1 ) on
the steering gear extension.

The upper control arm will be shorter than the lower arm so that wheel end geometry provides positive camber when deflected below rated load and negative camber above rated load.

Camber at load will be
0 degrees for optimum tire life.

The ball joint bearing will be of low friction design and be maintenance free.

Toe links that are adjustable for alignment of the wheel to the center of the chassis will be provided.

The wheel ends must have little to no bump steer when the chassis encounters a hole or obstacle.

The steering linkage will provide proper steering angles for the inside and outside wheel, based on the vehicle wheelbase.

The axle will have a turning angle of up to
45 degrees.
0030264
Suspension, Front TAK-4, 19,500 lb,
Qtm/AXT/Imp/Vel/Enf/SFR

FRONT SUSPENSION
Front Oshkosh TAK-
4 ™
independent suspension will be provided with a minimum ground rating of
19,500
lb.

The independent suspension system will be designed to provide maximum ride comfort. The design will allow the vehicle to travel at highway speeds over improved road surfaces and at moderate speeds over rough terrain with minimal transfer of road shock and vibration to the vehicle's crew compartment.

Each wheel will have torsion bar type spring. In addition, each front wheel end will also have energy absorbing jounce bumpers to prevent bottoming of the suspension.

The suspension design will be such that there is at least

10.00 " of total wheel travel and a
minimum of

3.75 " before suspension bottoms.

The torsion bar anchor lock system allows for simple lean adjustments, without the use of shims.

One can adjust for a lean within
15 minutes per side. Anchor adjustment design is such that it allows for ride height adjustment on each side.

The independent suspension was put through a durability test that simulated 140,000
miles of
inner city driving.
0087572
Shock Absorbers, KONI, TAK-4,
Qtm/AXT/Imp/Vel/DCF/Enf

FRONT SHOCK ABSORBERS
KONI heavy-duty telescoping shock absorbers will be provided on the front suspension. 0000322
Oil Seals, Front Axle

FRONT OIL SEALS
Oil seals with viewing window will be provided on the front axle. 5 952
Bid #:

Page 113 of 335 ends

0887447
Tires, Front, Michelin, X Multi HL Z ,
385/65R22.50, Fire Service Speed
Rtng

FRONT TIRES
The front tires will be Michelin
385/65
R

22.50 radials, load range L, X Multi HL Z tread, rated for 22,000
lb maximum axle load and
75 mph maximum speed.
0019611
Wheels, Front, Alcoa, 22.50" x

12.25", Aluminum, Hub Pilot

The tires will be mounted on Alcoa 22.50" x 12.25" polished aluminum disc type wheels with a ten (10)stud, 11.25" bolt circle.
0530465
Axle, Rear, Meritor RS25-160, 27,000
lb, Imp/Vel/Dash CF

REAR AXLE
The rear axle will be a Meritor
™,
Model RS-
25-160
, with a capacity of
27,000
lb.
0814718
Top Speed of Vehicle, 72 MPH/116
KPH, Non-NFPA 2016

TOP SPEED OF VEHICLE
NFPA
1901
,
2016
edition requires limits on the top speed of vehicles. NFPA

4.15.2 requires that
the maximum top speed of fire apparatus with a GVWR over 26,000
lb will not exceed either
68 mph /
109
kph or the manufacturer's maximum fire service speed rating for the tires installed on the apparatus, whichever is lower. NFPA

4.15.3 requires that if the combined water tank and
foam agent tank on the fire apparatus exceed
1250
gallons or the GVWR of the vehicle is over
50,000
lb, the maximum top speed of the apparatus will not exceed either 60 mph /
96 kph or the
manufacturer's maximum fire service speed rating for the tires installed on the apparatus, whichever is lower. It is the intention of the standard to improve safety by limiting the speed of all apparatus to
68 mph /
109
kph , and tankers or heavy apparatus to
60 mph /
96 kph. By
requesting an exception to this requirement, the purchasing authority is consciously choosing to operate their apparatus at speeds above the limits designated as safe speeds by the NFPA Technical Committee on Fire Department Apparatus.

The top sped of the apparatus as manufactured exceeds the NFPA requirements. Per fire department specification of a top speed that exceeds NFPA requirements, the apparatus will be non-compliant to NFPA
1901
standards at time of contract execution.

The rear tires being specified have a top speed limit of 72 mph /
116
kph from the tire
manufacturer.
0122075
Suspen, Rear, Standens, Spring,
27,000 lb, Imp/Vel

REAR SUSPENSION
The rear suspension will be Standens, semi-elliptical,

3.00 " wide x

53.00 " long,
12 -leaf pack with
a ground rating of
27,000
lb. The spring hangers will be castings.

The two (
2 ) top leaves will wrap the forward spring hanger pin, and the rear of the spring will be a slipper style end that will ride in a rear slipper hanger. To reduce bending stress due to acceleration and braking, the front eye will be a berlin eye that will place the front spring pin in the horizontal plane within the main leaf.

A steel encased rubber bushing will be used in the spring eye. The steel encased rubber bushing will be maintenance free and require no lubrication.
0000485
Oil Seals, Rear Axle

REAR OIL SEALS
Oil seals will be provided on the rear axle(s).
0031836
Tires, Rear, Michelin, XZE*,
12R22.50, 16 ply, Single

REAR TIRES
Rear tires will be four (
4 ) Michelin
12 R

22.50 radials,
16 ply "all position" XZE* tread, rated for
27,120
lb maximum axle load and
75 mph maximum speed.
0019625
Wheels, Rear, Alcoa, 22.50" x 8.25",
Aluminum, Hub Pilot, Single
The tires will be mounted on Alcoa 22.50" x 8.25" polished aluminum disc wheels with a ten (10) stud 11.25" bolt circle.
0568081
Tire Balancing, Counteract Beads

TIRE BALANCE
All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights.
0620570
Tire Pressure Monitoring,
RealWheels, AirSecure, Valve Cap,
Single Axle

TIRE PRESSURE MANAGEMENT
There will be a RealWheels LED AirSecure
™
tire alert pressure management system provided,
that will monitor each tire's pressure. A sensor will be provided on the valve stem of each tire for a total of
six (
6 ) tires
.

The sensor will calibrate to the tire pressure when installed on the valve stem for pressures between
10 and
200
psi. The sensor will activate an integral battery operated LED when the pressure of that tire drops
5 to
8 psi.

Removing the cap from the sensor will indicate the functionality of the sensor and battery. If the sensor and battery are in working condition, the LED will immediately start to flash. 0801909
Lug Nut, Covers, Chrome

CHROME LUG NUT COVERS
Chrome lug nut covers will be supplied on front and rear wheels. 0003245
Axle Hub Covers w/center hole, S/S,
Front Axle

FRONT HUB COVERS
Stainless steel hub covers will be provided on the front axle. An oil level viewing window will be provided.
6 952
Bid #:

Page 114 of 335 ends

0001960
Axle Hub Covers, Rear, S/S, High
Hat (Pair)

REAR HUB COVERS
A pair of stainless steel high hat hub covers will be provided on rear axle hubs. 0012045
Mud Flap, Rear, Pierce Logo

MUD FLAPS
Mud flaps with a Pierce logo will be installed behind the rear wheels. 0544802
Chocks, Wheel, SAC-44-E, Folding,
(Up to 44" Diameter Tires)

WHEEL CHOCKS
There will be
one (
1 ) pair
of folding Ziamatic, Model SAC-
44 -E, aluminum alloy, Quick-Choc
wheel blocks, with easy-grip handle provided.
0544806
Mounting Brackets, Chocks, SAC-44-
E, Folding, Horizontal
Wheel Chock Brackets
There will be
one (
1 ) pair
of Zico, Model SQCH-
44 -H, horizontal mounting wheel chock brackets
provided for the Ziamatic, Model SAC-
44 -E, folding wheel chocks. The brackets will be made of aluminum and consist of a quick release spring loaded rod to hold the wheel chocks in place. The brackets will be mounted
one (
1 ) forward and one (
1 ) rearward of the left side rear tire
.
0593760
ESC/ABS/ATC Wabco Brake
System, Single Rear Axle, 2010

ELECTRONIC STABILITY CONTROL
A vehicle control system will be provided as an integral part of the ABS brake system from Meritor Wabco.

The system will monitor and update the lateral acceleration of the vehicle and compare it to a critical threshold where a side roll event may occur. If the critical threshold is met, the vehicle control system will automatically reduce engine RPM, engage the engine retarder (if equipped), and selectively apply brakes to the individual wheel ends of the front and rear axles to reduce the possibility of a side roll event.

The system will monitor directional stability through a lateral accelerometer, steer angle sensor and yaw rate sensor. If spinout or drift out is detected, the vehicle control system will selectively apply brakes to the individual wheel ends of the front and rear axles to bring the vehicle back to its intended direction.

ANTI-LOCK BRAKE SYSTEM
The vehicle will be equipped with a Wabco
4 S
4 M, anti-lock braking system. The ABS will provide
a four (
4 ) channel anti-lock braking control on both the front and rear wheels. A digitally controlled system that utilizes microprocessor technology will control the anti-lock braking system. Each wheel will be monitored by the system. When any wheel begins to lockup, a signal will be sent to the control unit. This control unit will then reduce the braking of that wheel for a fraction of a second and then reapply the brake. This anti-lock brake system will eliminate the lockup of any wheel thus helping to prevent the apparatus from skidding out of control.

AUTOMATIC TRACTION CONTROL
An anti-slip feature will be included with the ABS. The Automatic Traction Control will be used for traction in poor road and weather conditions. The Automatic Traction Control will act as an electronic differential lock that will not allow a driving wheel to spin, thereby supplying traction at all times. The ABS electronic control unit (ECU) will work with the engine ECU, sharing information concerning wheel slip. Engine ECU will use information to control engine speed, allowing only as much throttle application as required for the available traction, regardless of how much the driver is asking for. An "off road traction" switch will be provided on the instrument panel. Activation of the switch will allow additional tire slip to let the truck climb out and get on top of deep snow or mud.
0030185
Brakes, Knorr/Bendix 17", Disc,
Front, TAK-4
BRAKES
The service brake system will be full air type.

The front brakes will be Knorr/Bendix disc type with a

17.00 " ventilated rotor for improved
stopping distance.

The brake system will be certified, third party inspected, for improved stopping distance. 0000730
Brakes, Meritor, Cam, Rear, 16.50 x

7.00"
The rear brakes will be Meritor
™ 16.50"
x 7.00" cam operated with automatic slack adjusters.

Dust shields will be provided.
0020784
Air Compressor, Brake,
Cummins/Wabco 18.7 CFM

BRAKE SYSTEM AIR COMPRESSOR
The air compressor will be a Cummins/WABCO with

18.7 cubic feet per minute output.
7 952
Bid #:

Page 115 of 335 ends

0000785
Brake Reservoirs, Three

BRAKE SYSTEM
The brake system will include:

Bendix® dual brake treadle valve
Heated automatic moisture ejector on air dryer
Total air system capacity of
4,362
cubic inches
Two (
2 ) air pressure gauges with a red warning light and an audible alarm, that activates when air pressure falls below
60 psi
Spring set parking brake system
Parking brake operated by a push-pull style control valve A parking "brake on" indicator light on instrument panel Park brake relay/inversion and anti-compounding valve, in conjunction with a double check valve system, with an automatic spring brake application at
40 psi
A pressure protection valve to prevent all air operated accessories from drawing air from the air system when the system pressure drops below
80 psi (
550
kPa)
1/4
turn drain valve on each air tank
The air tank will be primed and painted to meet a minimum 750
hour salt spray test.

The air tanks will be
same as frame color
.

To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets. 0568012
Air Dryer, Wabco System Saver
1200, Heater, 2010

BRAKE SYSTEM AIR DRYER
The air dryer will be WABCO System Saver
1200
with spin-on coalescing filter cartridge and
100

watt heater.
0000790
Brake Lines, Nylon

BRAKE LINES
Color-coded nylon brake lines will be provided. The lines will be wrapped in a heat protective loom in the chassis areas that are subject to excessive heat. 0000854
Air Inlet, w/Disconnect Coupling

AIR INLET
One (
1 ) air inlet
with
3 D series male coupling will be provided. It will allow station air to be supplied to the apparatus brake system through a shoreline hose. The inlet will be located forward in the driver side lower step well of cab
. A check valve will be provided to prevent reverse
flow of air. The inlet will discharge into the "wet" tank of the brake system. A mating female fitting will also be provided with the loose equipment.
0000810
All Wheel Lock-up

ALL WHEEL LOCK-UP
An all wheel lock-up system will be installed which will apply air to the front brakes and use the spring brake at the rear. A control switch will be provided for the driver on the instrument panel. 0808533
Engine, Cummins X10, 450 hp, 1250
lb-ft, W/OBD, EPA 2027, Imp/Vel
ENGINE
The chassis will be powered by an electronically controlled engine as described below:

Make:

Cummins
Model:

X
10 Power:
450
hp at
2100
rpm
Torque:
1250
lb-ft at
1400
rpm
Governed Speed:
2200
rpm
Emissions Level:

EPA
2027
Fuel:

Diesel
Cylinders:

Six (
6 )
Displacement:
606
cubic inches (

9.9 L)
Starter:

Delco
39 MT
™
Fuel Filters:

Spin-on style primary filter with water separator and water-in-fuel sensor. Secondary spin-on style filter.

The engine will include On-board diagnostics (OBD), which provides self diagnostic and reporting. The system will give the owner or repair technician access to state of health information for various vehicle sub systems. The system will monitor vehicle systems, engine and after treatment. The system will illuminate a malfunction indicator light on the dash console if a problem is detected.
0811409
Not Required, Engine Contingency
Adjustment
8 952
Bid #:

Page 116 of 335 ends

0001244
High Idle w/Electronic Engine,
Custom

HIGH IDLE
A high idle switch will be provided, inside the cab, on the instrument panel, that will automatically maintain a preset engine rpm. A switch will be installed, at the cab instrument panel, for activation/deactivation.

The high idle will be operational only when the parking brake is on and the truck transmission is in neutral. A green indicator light will be provided, adjacent to the switch. The light will illuminate when the above conditions are met. The light will be labeled "OK to Engage High Idle." 0687994
Engine Brake, Jacobs Compression
Brake, Cummins Engine

ENGINE BRAKE
A Jacobs® engine brake is to be installed with the controls located on the instrument panel within easy reach of the driver.

The driver will be able to turn the engine brake system on/off and have a high, medium and low
setting
.

The engine brake will activate when the system is on and the throttle is released.

The high setting of the brake application will activate and work simultaneously with the variable geometry turbo (VGT) provided on the engine.

The engine brake will be installed in such a manner that when the engine brake is slowing the vehicle the brake lights are activated.

The ABS system will automatically disengage the auxiliary braking device, when required. 0552334
Clutch, Fan, Air Actuated, Horton
Drive Master

CLUTCH FAN
A Horton® fan clutch will be provided. The fan clutch will be automatic when the pump transmission is in "Road" position, and fully engaged in "Pump" position. 0037145
Heater, 1000 watt Immersion,
Connect to Shoreline

ENGINE HEATER
A
1000
watt,
120
volt, immersion type engine heater with thermostat will be installed. The engine heater will be wired to the shoreline and be active whenever the shoreline is connected. 0123135
Air Intake, w/Ember separator,
Imp/Vel

ENGINE AIR INTAKE
An air intake with an ember separator (to prevent road dirt, burning embers, and recirculating hot air from entering the engine) will be mounted at the front of the apparatus, on the passenger side of the engine. The ember separator will be mounted in the air intake with flame retardant, roto- molded polyethylene housing. It will be easily accessible by the hinged access panel at the front of the vehicle.
0814375
Exhaust System, Horizontal, Right
Side

EXHAUST SYSTEM
The exhaust system will be stainless steel from the turbo to the engine's aftertreatment device.

The exhaust system will include an aftertreatment device to meet current EPA standards. An insulation wrap will be provided on all exhaust pipe between the turbo and the aftertreatment device to minimize the transfer of heat to the cab.

The exhaust will terminate horizontally ahead of the right side rear wheels and will be be flush
with the body rub rail
. The exhaust pipes will be
stainless steel
.

There will be
a stainless steel exhaust diffuser reduced to

4.00 " in the center to accommodate the
fire department's air recovery system
with
a standard straight tip on the end
provided to reduce
the temperature of the exhaust as it exits. Heat deflector shields will be provided to isolate chassis and body components from the heat of the tailpipe diffuser. 0787999
Radiator, Impel/Velocity

RADIATOR
The radiator and the complete cooling system will meet or exceed the current edition of applicable NFPA and engine manufacturer cooling system standards.

For maximum corrosion resistance and cooling performance, the entire radiator core will be constructed using long life aluminum alloy. The core will be made of aluminum fins, having a serpentine design, brazed to aluminum tubes. The tubes will be brazed to aluminum headers.

The radiator core will have a minimum frontal area of
1434
square inches. Supply tank made of
glass-reinforced nylon and a return tank of cast aluminum alloy will be crimped on to the core assembly using header tabs and a compression gasket to complete the radiator core assembly.

The radiator will be compatible with commercial antifreeze solutions.

There will be a full steel frame around the entire radiator core assembly. The radiator core assembly will be isolated within the steel frame by rubber inserts to enhance cooling system durability and reliability. The radiator will be mounted in such a manner as to prevent the development of leaks caused by twisting or straining when the apparatus operates over uneven ground. The radiator assembly will be isolated from the chassis frame rails with rubber isolators.

The radiator assembly will include an integral de-aeration tank permanently mounted to the top of the radiator framework, with a readily accessible remote-mounted overflow tank. For visual coolant level inspection, the radiator will have a built-in sight glass. The radiator will be equipped with a
15 psi pressure relief cap.

A drain port will be located at the lowest point of the cooling system and/or the bottom of the radiator to permit complete flushing of the coolant from the system.

A heavy-duty fan will draw in fresh, cool air through the radiator. Shields or baffles will be provided to prevent recirculation of hot air to the inlet side of the radiator. 9 952
Bid #:

Page 117 of 335 ends

Hanford City CouncilJanuary 16, 2024

Hanford City Council
January 16, 2024