As a result of the dramatic increase in COVID-19 cases, and our desire to keep both the public and City staff safe, the public will be permitted to physically attend the City Council meeting scheduled for January 19, 2022, including public seating available at limited capacity. Masks are required to be worn by all persons in attendance. It is recommended that all citizens practice social distancing to the extent possible while in attendance. Councilmembers may choose to participate in person or via conference call.
How to observe the meeting virtually:
1. Spectrum local access Channel 27
2. Online live webcast at www.cityofpalmdale.org.
How to Submit Public Comments:
VERBAL PUBLIC COMMENT DURING THE MEETING – ZOOM Number: US: +1 346 248 7799 Webinar ID: 823 3259 7104 Passcode: 886372
Webinar attendee link
https://us06web.zoom.us/j/82332597104?
pwd=UmxTMlEwYjJwVUFRSmprR051NmpxUT09
.
Verbal comments must be limited to three (3) minutes. Public comments submitted will become part of the official meeting record.
CITY COUNCIL MEETING
REVISED
CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
WEDNESDAY, JANUARY 19, 2022
5:00 PM
7:00 PM
www.cityofpalmdale.org
WELCOME
City Council
Wednesday, January 19, 2022
The safety and well-being of employees and the public remains the City's top priority. The City of Palmdale appreciates your patience and understanding during these challenging times.
The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access.
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.
If you require oral Spanish translation, please contact the City Clerk’s Office at (661) 267- 5151 at least 72 hours prior to the meeting.
Your courtesy is requested to help our meetings run smoothly. If you’ll be kind enough to follow these simple rules, we can make the best possible use of your time and ours:
Please refrain from public displays or outbursts, such as unsolicited applause, comments, cheering, foul language or obscenities.
Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be asked to leave the meeting.
Please turn off/mute your cell phones and mobile devices.
5:00 P.M.
1. MAYOR TO CALL MEETINGS TO ORDER
2. ROLL CALL
MAYOR HOFBAUER, MAYOR PRO TEM LOA,
COUNCILMEMBERS CARRILLO, BISHOP, BETTENCOURT
3. PUBLIC COMMENTS
Now is the time for public participation for any person wishing to speak to the City Council on matters listed or not listed on the agenda, within the jurisdiction of the City Council. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. PLEASE NOTE: A three-minute limit is imposed on each speaker.
City Council
Wednesday, January 19, 2022
4. PRESENTATION BY CITY ATTORNEY
4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Gerald and Roberta Dolen v. Builders Fence Company, et al Los Angeles County Superior Court
Case No. 21AVC00377
4.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Raul Herrera v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 21AVC00044
4.3 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Donald D'Angelo v. County of Los Angeles, et al
Los Angeles County Superior Court
Case No. 21AVC00441
4.4 The reason for holding a closed session is for the purpose of obtaining authorization and direction from the City Council regarding the possible acquisition of property interests in the following property, generally located near State Route 14 and Avenue Q:
Property Owner: Jim Goltche; Royal Investors Group, LLC; K Land Associates, LLC; Jaz Investment Corp; Royal & Aframian LLC; 26 Maple LLC.
Property: APNs 3008-041-002~007
City Negotiator: Steve Hofbauer
This closed session is being held pursuant to the authority of California Government Code Section 54956.8. Closed session is recommended because the City Council will be instructing the negotiator regarding terms and conditions, including price, for the possible purchase of the real property identified above.
4.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the California Government Code.
Number of Cases: One.
4.6 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case.
City Council
Wednesday, January 19, 2022
Closed session is recommended because the City will assess the merits of this matter, and/or threat. Based on existing facts and circumstances, there is a significant exposure to litigation against the City of Palmdale. The existing facts and circumstances that might result in litigation against the City of Palmdale are that the law firm of Shenkman & Hughes has sent a letter to the City of Palmdale regarding decennial redistricting process which could amount to a threat of litigation. The aforementioned facts and circumstances are stated as required by Government Code Section 54956.9 (e)(2). Based on the existing facts and circumstances, it is the opinion of the City Attorney that it would prejudice the position of the City of Palmdale to discuss this matter in public or to disclose further circumstances in this potential case. Further, such disclosure may harm any settlement attempts or other efforts to resolve the matter without litigation.
5. ANNOUNCEMENT BY CITY ATTORNEY
6. ADJOURN CLOSED SESSION MEETING
7:00 P.M.
7. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
8. PUBLIC COMMENTS
Now is the time for public participation for any person wishing to speak to the City Council on matters listed or not listed on the agenda, within the jurisdiction of the City Council. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. PLEASE NOTE: A three-minute limit is imposed on each speaker.
9. WORKSHOP PRESENTATION
9.1 New State Waste Diversion Rules. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
SR - New State Waste Diversion Rules Final.docx
10. APPOINTMENTS
10.1 Approve nominations for appointment to the board of directors for Visit Palmdale. (Staff Reference: Director of Economic and Community Development Garibay - Presented by Economic Development Coordinator Gonzalez) City Council
Wednesday, January 19, 2022
City_Staff_Report-Visit Palmdale BOD_at-large_FINAL.pdf
10.2 Approve alternate member nomination for appointment to the Measure AV Oversight Committee. (Staff Reference: City Clerk Smith)
1_19_22_MAV_Regular_Member_Appointment_sss.docx
1549.pdf
MAV_Bylaws.docx
11. ADJOURNMENT
City Council
Wednesday, January 19, 2022
City Council Staff Report
DATE: JANUARY 19, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
DISTRICT: ALL
SUBJECT: NEW STATE WASTE DIVERSION RULES
ISSUE
New State Waste Diversion Rules.
RECOMMENDATION
The intent of this workshop is to provide the Council with detailed information on new State mandated solid waste, traditional recycling and organics recycling requirements and the efforts being made to address these mandates and their affect upon the public.
BACKGROUND
The State has committed to reducing greenhouse gas emissions under California’s Short-Lived Climate Pollutant Reduction Strategy also known as Senate Bill (SB) 1383.
To reduce the emissions, one of the State’s targets is to reduce organic waste disposal by 50 percent by 2020 and 75 percent by 2025. Also, b y 2025, 20 percent of what currently is disposed of as edible food must be recovered for consumption by those in need.
To comply with State Law and these goals the City must enforce several types of programs. These programs include, but are not limited to:
Providing mandatory organic waste curbside collection services to all residents and businesses;
Establishing an edible food recovery program that recovers edible food from the waste stream;
Conducting outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and City departments; Conducting capacity planning for organic waste and edible food recovery; Procuring recycled organic waste products like compost, mulch, and renewable gas, and recycled content paper and paper products; and Inspecting and enforcing compliance as well as maintain ing extensive records and documentation.
Report to Mayor and City Council
Re: New State Waste Diversion Rules Workshop
Date of Meeting: January 19, 2022
SB 1383 was adopted in 2016 and regulations were approved November 2020.
Regulations took effect January 1, 2022. However, due to the challenges many local governments faced during the COVID-19 pandemic; Governor Newsom signed SB 619.
The law authorizes CalRecycle to waive penalties if a jurisdiction submits a Notification of Intent to Comply and is approved for some or all of the regulatory requirements.
Jurisdictions must successfully implement the plan to correct their shortfalls for compliance with the requirements that take effect during the 2022 calendar year, continuing the compliance deadline to the 2023 calendar year. to avoid penalties, The jurisdiction must also adopt a resolution to certify the contents and timeline of the Notification of Intent to Comply. The application along with Notification to Comply and resolution must be submitted to CalRecycle by March 1, 2022. SB 619 does not provide an exemption from compliance; it only allows a deference of compliance for a year.
CalRecycle has indicated that if a jurisdiction does not follow-through with its’ approved proposed actions and schedule outlined in the notification, then they may rescind approval and impose penalties for violations occurring during the 2022 calendar year retroactively to the date of violation.
DISCUSSION
No decisions are intended to be made during the workshop. Staff from Public Works and Waste Management will be present to outline the information and to answer questions.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.
C. Use a variety of methods to communicate timely, useful, and trusted information about city programs, services and policies.
Goal III: Invest in infrastructure to improve community livability.
B. Implement and administer environmentally sustainable programs.
Prepared by: Chuck Heffernan, P.E., Director of Public Works Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: J.J. Murphy, ICMA-CM, City Manager
Approved as to form: Christopher Beck, City Attorney
ATTACHMENTS
PowerPoint – New State Waste Diversion Rules
City Council Staff Report
DATE: January 19, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
ECONOMIC DEVELOPMENT DIVISION
DISTRICT: ALL
SUBJECT: APPROVE NOMINATION FOR APPOINTMENT TO THE BOARD OF
DIRECTORS OF VISIT PALMDALE
ISSUE
Approve nominations for appointment to the Board of Directors of Visit Palmdale.
RECOMMENDATION
Staff recommends that the City Council approve three (3) nominees for the Visit Palmdale Board of Directors.
BACKGROUND
On October 5, 2021, the Palmdale City Council authorized the creation of the Palmdale Tourism Improvement District (PTID) with the adoption of Resolution No. CC 2021 -096.
A PTID is a partnership between the City and hotels in Palmdale to create additional tourism and visitor opportunities that both visitors and residents can enjoy. The benefits an improvement district provides can come in a variety of forms such as signature events, enhancing current tourism attractions, development of additional destinations and infrastructure improvements. An increase in tourism and business travel positively impacts hotels, restaurants, and local small businesses.
Visit Palmdale is the governing board of the PTID. The board will have the responsibility of managing the services and programs provided by the PTID in Palmdale.
The Board of Directors for Visit Palmdale is made up of seven (7) directors; four (4) from Palmdale businesses who represent the PTID, one (1) City Councilmember, one (1) City staff person, and one (1) person who represents tourism and the non -lodging hospitality sector in Palmdale. This mirrors the formation of Destination Lancaster’s Board of Directors when the board was first established. Each member is appointed for a three (3) year term.
Report to Mayor and City Council
Re: Visit Palmdale Approve Nomination
January 19, 2022
DISCUSSION
The City Council is responsible for the appointment of the three individuals to the Visit Palmdale Board of Directors. Per the Visit Palmdale Bylaws, the Directors shall be appointed by the Mayor, subject to the approval of a majority of the City Council. The City Council shall approve its representative from the City Council to serve on the Board of Directors.
1. Laura Bettencourt
2. Austin Bishop
3. Juan Carrillo
4. Steven D. Hofbauer
5. Richard J. Loa
The City Council shall also approve a City staff member representative to the Board of Directors, staff is recommending:
1. Luis Garibay
On December 23, 2021, the City posted the vacancy for an at-large board member on the Visit Palmdale Board of Directors on the City Webpage and through a public notice in the AV Press. The posting and noticing closed on January 10, 2022.
The following public members applied and met the minimum requirements for the public member position on the Visit Palmdale Board of Directors:
1. Dorothy Bowling
2. Falakika Moore
3. Samantha Schmitz
4. Seidy Sepulveda
Appointment of the nominees would allow Visit Palmdale to complete essential tasks that require approval of a full board.
FISCAL IMPACT
There is no fiscal impact associated with this item.
Report to Mayor and City Council
Re: Visit Palmdale Approve Nomination
January 19, 2022
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
D. Develop and maintain diverse programs and events that inspire growth, pride and lifelong learning.
Prepared by: Luis Gonzalez, Economic Development
Coordinator
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney
City Council Staff Report
DATE: JANUARY 19, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT
CITY CLERK DIVISION
DISTRICT: ALL
SUBJECT: APPROVE ALTERNATE MEMBER NOMINATION FOR
APPOINTMENT TO THE MEASURE AV OVERSIGHT COMMITTEE
ISSUE
Approve Alternate Member nomination for appointment to the Measure AV Oversight Committee.
RECOMMENDATION
Staff recommends that the City Council approve nomination of one of the following applicants for appointment to the Measure AV Oversight Committee for the remaining balance of a two-year term set to expire in April 2023:
1. Glenn Anthony Flood 2. Engel Thedford
3. Aaron M. Stickel 4. Marmissi Masters
5. Alenna Schofield
BACKGROUND
At the General Municipal Election held on November 3, 2020, voters approved the enactment of a local ¾ cent transaction and use tax in the City of Palmdale. The measure allows for local control of sales tax dollars, ensure s long-term fiscal sustainability, and allows the City to continue to fund reliable essential services for the community. The revenues and expenditures from the tax are to be regularly reviewed by a citizens advisory committee to ensure the funds collected are expended for the purposes specified in the Measure AV Ballot language and to provide enhanced transparency and public participation. The City Council shall appoint a seven -member committee and by resolution, adopt guidelines for the duties of a citizens oversight committee, later named Measure AV Oversight Committee (Committee”).
Report to Mayor and City Council
Re: Approve Alternate Member to MAV Committee
January 19, 2022
DISCUSSION
On April 6, 2021, seven (7) Committee members and seven (7) alternate members were appointed to the Committee. The Committee has an opportunity to review, comment and make recommendations on proposed expenditures which may include, but not be limited to, receiving semi-annual reports from City staff each fiscal year on revenues and expenditures from the tax imposed by Ordinance No. 1549.
On December 15, 2021, Eric Ohlsen was appointed as the Regular Member to District 4, replacing Maribel Briseno, who had accepted full-time employment with the City. The Office of the City Clerk received subsequent notice from District 4 Alternate Member Roger Villasenor, indicating his resignation form the alternate position due to personal reasons.
A Notice of Vacancy was advertised in the Antelope Valley Press for interested citizens to apply. The Communications division also provided a press release to the public, including the application submittal deadline. The Classified Ad and the application were made available on the City’s website as well as in the Office of the City Clerk. Staff received five (5) applications by the December 22, 2021, 1:00 p.m. application submittal deadline.
FISCAL IMPACT
There is no fiscal impact associated with this item, as alternate member positions do not receive compensation for service.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Shanae Smith, City Clerk
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Assistant City Manager
Approved as to form: Christopher Beck, City Attorney
ATTACHMENTS
1. Ordinance No. 1549
2. Measure AV By-laws
CITY
OF
PALMDALE
COUNTY
OF
LOS
ANGELES
,
CALIFORNIA
ORDINANCE
NO
.
1549
AN
ORDINANCE
OF
THE
CITY
OF
PALMDALE
ESTABLISHING
A
3 /
4 CENT
TRANSACTIONS
AND
USE
TAX
TO
BE
ADMINISTERED
BY
THE
CALIFORNIA
DEPARTMENT
OF
TAX
AND
FEE
ADMINISTRATION
Transactions
and
Use
Tax
3.21 .
010
Title
.
This
Ordinance
shall
be
known
as
the
Palmdale
Transactions
and
Use
Tax
Ordinance
.
The
city
of
Palmdale
hereinafter
shall
be
called
"
City
.
"
This
Ordinance
shall
be
applicable
in
the
incorporated
territory
of
the
City
.
3.21 .
020
Purpose
.
This
ordinance
is
adopted
to
achieve
the
following
,
among
other
purposes
,
and
directs
that
the
provisions
hereof
be
interpreted
in
order
to
accomplish
those
purposes
:
To
impose
a
retail
transactions
and
use
tax
in
accordance
with
the
provisions
of
Part
1.6 (
commencing
with
Section
7251
)
of
Division
2 of
the
Revenue
and
Taxation
Code
and
Section
7285.9
of
Part
1.7 of
Division
2 which
authorizes
the
City
to
adopt
this
tax
ordinance
which
shall
be
operative
if
a
majority
of
the
electors
voting
on
the
measure
vote
to
approve
the
imposition
of
the
tax
at
an
election
called
for
that
purpose
.
A
.
To
adopt
a
retail
transactions
and
use
tax
ordinance
that
incorporates
provisions
identical
to
those
of
the
Sales
and
Use
Tax
Law
of
the
State
of
California
insofar
as
those
provisions
are
not
inconsistent
with
the
requirements
and
limitations
contained
in
Part
1.6 of
Division
2 of
the
Revenue
and
Taxation
Code
.
B
.
To
adopt
a
retail
transactions
and
use
tax
ordinance
that
imposes
a
tax
and
provides
a
measure
therefore
that
can
be
administered
and
collected
by
the
California
Department
of
Tax
and
Fee
Administration
in
a
manner
that
adapts
itself
as
fully
as
practicable
to
,
and
requires
the
least
possible
deviation
from
,
the
existing
statutory
and
administrative
procedures
followed
by
the
California
Department
of
Tax
and
Fee
Administration
in
administering
and
collecting
the
California
State
Sales
and
Use
Taxes
.
C
.
D
.
To
adopt
a
retail
transactions
and
use
tax
ordinance
that
can
be
administered
in
a
manner
that
will
be
,
to
the
greatest
degree
possible
,
consistent
with
the
provisions
of
Part
1.6 of
Division
2 of
the
Revenue
and
Taxation
Code
,
minimize
the
cost
of
collecting
the
transactions
and
use
taxes
,
and
at
the
same
time
,
minimize
the
burden
Ordinance
1549
Page
2 of
record
keeping
upon
persons
subject
to
taxation
under
the
provisions
of
this
ordinance
.
To
provide
transactions
and
use
tax
revenue
for
unrestricted
general
revenue
purposes
,
and
not
for
specific
purposes
.
All
of
the
proceeds
from
the
tax
imposed
by
this
chapter
shall
be
placed
in
the
city
'
s
general
fund
and
be
available
for
any
legal
municipal
purpose
.
E
.
3.21 .
030
Contract
with
State
.
Prior
to
the
operative
date
,
the
City
shall
contract
with
the
California
Department
of
Tax
and
Fee
Administration
to
perform
all
functions
incident
to
the
administration
and
operation
of
this
transactions
and
use
tax
ordinance
;
provided
,
that
if
the
City
shall
not
have
contracted
with
the
California
Department
of
Tax
and
Fee
Administration
prior
to
the
Operative
Date
,
it
shall
nevertheless
so
contract
and
in
such
a
case
the
Operative
Date
shall
be
the
first
day
of
the
first
calendar
quarter
following
the
execution
of
such
a
contract
.
3.21 .
040
Transactions
Tax
Rate
.
For
the
privilege
of
selling
tangible
personal
property
at
retail
,
a
tax
is
hereby
imposed
upon
all
retailers
in
the
incorporated
territory
of
the
City
at
the
rate
of
%
of
a
cent
per
dollar
(
0.75 %
)
of
the
gross
receipts
of
any
retailer
from
the
sale
of
all
tangible
personal
property
sold
at
retail
in
said
territory
on
and
after
the
operative
date
of
this
ordinance
.
3.21 .
050
Place
of
Sale
.
For
the
purposes
of
this
ordinance
,
all
retail
sales
are
consummated
at
the
place
of
business
of
the
retailer
unless
the
tangible
personal
property
sold
is
delivered
by
the
retailer
or
his
agent
to
an
out
-
of
-
state
destination
or
to
a
common
carrier
for
delivery
to
an
out
-
of
-
state
destination
.
The
gross
receipts
from
such
sales
shall
include
delivery
charges
,
when
such
charges
are
subject
to
the
state
sales
and
use
tax
,
regardless
of
the
place
to
which
delivery
is
made
.
In
the
event
a
retailer
has
no
permanent
place
of
business
in
the
State
or
has
more
than
one
place
of
business
,
the
place
or
places
at
which
the
retail
sales
are
consummated
shall
be
determined
under
rules
and
regulations
to
be
prescribed
and
adopted
by
the
California
Department
of
Tax
and
Fee
Administration
.
3.21 .
060
Use
Tax
Rate
.
An
excise
tax
is
hereby
imposed
on
the
storage
,
use
or
other
consumption
in
the
City
of
tangible
personal
property
purchased
from
any
retailer
on
and
after
the
operative
date
of
this
ordinance
for
storage
,
use
or
other
consumption
in
said
territory
at
the
rate
of
%
of
a
cent
per
dollar
(
0.75 %
)
of
the
sales
price
of
the
property
.
The
sales
price
Ordinance
1549
Page
3 shall
include
delivery
charges
when
such
charges
are
subject
to
state
sales
or
use
tax
regardless
of
the
place
to
which
delivery
is
made
.
3.21 .
070
Adoption
of
the
Provisions
of
State
Law
.
Except
as
otherwise
provided
in
this
ordinance
and
except
insofar
as
they
are
inconsistent
with
the
provisions
of
Part
1.6 of
Division
2 of
the
Revenue
and
Taxation
Code
,
all
of
the
provisions
of
Part
1 (
commencing
with
Section
6001
)
of
Division
2 of
the
Revenue
and
Taxation
Code
are
hereby
adopted
and
made
a
part
of
this
ordinance
as
though
fully
set
forth
herein
.
3.21 .
080
Limitations
on
Adoption
of
State
Law
and
Collection
of
Use
Taxes
.
In
adopting
the
provisions
of
Part
1 of
Division
2 of
the
Revenue
and
Taxation
Code
:
Wherever
the
State
of
California
is
named
or
referred
to
as
the
taxing
agency
,
the
name
of
this
City
shall
be
substituted
therefor
.
However
,
the
substitution
shall
not
be
made
when
:
A
.
1 .
The
word
"
State
"
is
used
as
a
part
of
the
title
of
the
State
Controller
,
State
Treasurer
,
State
Treasury
,
or
the
Constitution
of
the
State
of
California
;
2 .
The
result
of
that
substitution
would
require
action
to
be
taken
by
or
against
this
City
or
any
agency
,
officer
,
or
employee
thereof
rather
than
by
or
against
the
California
Department
of
Tax
and
Fee
Administration
,
in
performing
the
functions
incident
to
the
administration
or
operation
of
this
Ordinance
.
3 .
In
those
sections
,
including
,
but
not
necessarily
limited
to
sections
referring
to
the
exterior
boundaries
of
the
State
of
California
,
where
the
result
of
the
substitution
would
be
to
:
a
.
Provide
an
exemption
from
this
tax
with
respect
to
certain
sales
,
storage
,
use
or
other
consumption
of
tangible
personal
property
which
would
not
otherwise
be
exempt
from
this
tax
while
such
sales
,
storage
,
use
or
other
consumption
remain
subject
to
tax
by
the
State
under
the
provisions
of
Part
1 of
Division
2 of
the
Revenue
and
Taxation
Code
,
or
;
b
.
Impose
this
tax
with
respect
to
certain
sales
,
storage
,
use
or
other
consumption
of
tangible
personal
property
which
would
not
be
subject
to
tax
by
the
state
under
the
said
provision
of
that
code
.
In
Sections
6701
,
6702
(
except
in
the
last
sentence
thereof
)
,
6711
,
6715
,
6737
,
6797
or
6828
of
the
Revenue
and
Taxation
Code
.
4 .
Ordinance
1549
Page
4 The
word
"
City
"
shall
be
substituted
for
the
word
"
State
"
in
the
phrase
"
retailer
engaged
in
business
in
this
State
"
in
Section
6203
and
in
the
definition
of
that
phrase
in
Section
6203
.
B
.
3.21 .
90 Permit
Not
Required
.
If
a
seller
'
s
permit
has
been
issued
to
a
retailer
under
Section
6067
of
the
Revenue
and
Taxation
Code
,
an
additional
transactor
'
s
permit
shall
not
be
required
by
this
ordinance
.
3.21 .
100
Exemptions
and
Exclusions
.
There
shall
be
excluded
from
the
measure
of
the
transactions
tax
and
the
use
tax
the
amount
of
any
sales
tax
or
use
tax
imposed
by
the
State
of
California
or
by
any
city
,
city
and
county
,
or
county
pursuant
to
the
Bradley
-
Burns
Uniform
Local
Sales
and
Use
Tax
Law
or
the
amount
of
any
state
-
administered
transactions
or
use
tax
.
A
.
B
.
There
are
exempted
from
the
computation
of
the
amount
of
transactions
tax
the
gross
receipts
from
:
Sales
of
tangible
personal
property
,
other
than
fuel
or
petroleum
products
,
to
operators
of
aircraft
to
be
used
or
consumed
principally
outside
the
county
in
which
the
sale
is
made
and
directly
and
exclusively
in
the
use
of
such
aircraft
as
common
carriers
of
persons
or
property
under
the
authority
of
the
laws
of
this
State
,
the
United
States
,
or
any
foreign
government
.
1 .
Sales
of
property
to
be
used
outside
the
City
which
is
shipped
to
a
point
outside
the
City
,
pursuant
to
the
contract
of
sale
,
by
delivery
to
such
point
by
the
retailer
or
his
agent
,
or
by
delivery
by
the
retailer
to
a
carrier
for
shipment
to
a
consignee
at
such
point
.
For
the
purposes
of
this
paragraph
,
delivery
to
a
point
outside
the
City
shall
be
satisfied
:
2 .
With
respect
to
vehicles
(
other
than
commercial
vehicles
)
subject
to
registration
pursuant
to
Chapter
1 (
commencing
with
Section
4000
)
of
Division
3 of
the
Vehicle
Code
,
aircraft
licensed
in
compliance
with
Section
21411
of
the
Public
Utilities
Code
,
and
undocumented
vessels
registered
under
Division
3.5 (
commencing
with
Section
9840
)
of
the
Vehicle
Code
by
registration
to
an
out
-
of
-
City
address
and
by
a
declaration
under
penalty
of
perjury
,
signed
by
the
buyer
,
stating
that
such
address
is
,
in
fact
,
his
or
her
principal
place
of
residence
;
and
a
.
With
respect
to
commercial
vehicles
,
by
registration
to
a
place
of
business
out
-
of
-
City
and
declaration
under
penalty
of
perjury
,
signed
by
the
buyer
,
that
the
vehicle
will
be
operated
from
that
address
.
b
.
Ordinance
1549
Page
5 The
sale
of
tangible
personal
property
if
the
seller
is
obligated
to
furnish
the
property
for
a
fixed
price
pursuant
to
a
contract
entered
into
prior
to
the
operative
date
of
this
ordinance
.
3 .
A
lease
of
tangible
personal
property
which
is
a
continuing
sale
of
such
property
,
for
any
period
of
time
for
which
the
lessor
is
obligated
to
lease
the
property
for
an
amount
fixed
by
the
lease
prior
to
the
operative
date
of
this
ordinance
.
4 .
For
the
purposes
of
subparagraphs
(
3 )
and
(
4 )
of
this
section
,
the
sale
or
lease
of
tangible
personal
property
shall
be
deemed
not
to
be
obligated
pursuant
to
a
contract
or
lease
for
any
period
of
time
for
which
any
party
to
the
contract
or
lease
has
the
unconditional
right
to
terminate
the
contract
or
lease
upon
notice
,
whether
or
not
such
right
is
exercised
.
5 .
There
are
exempted
from
the
use
tax
imposed
by
this
ordinance
,
the
storage
,
use
or
other
consumption
in
this
City
of
tangible
personal
property
:
C
.
1 .
The
gross
receipts
from
the
sale
of
which
have
been
subject
to
a
transactions
tax
under
any
state
-
administered
transactions
and
use
tax
ordinance
.
Other
than
fuel
or
petroleum
products
purchased
by
operators
of
aircraft
and
used
or
consumed
by
such
operators
directly
and
exclusively
in
the
use
of
such
aircraft
as
common
carriers
of
persons
or
property
for
hire
or
compensation
under
a
certificate
of
public
convenience
and
necessity
issued
pursuant
to
the
laws
of
this
State
,
the
United
States
,
or
any
foreign
government
.
This
exemption
is
in
addition
to
the
exemptions
provided
in
Sections
6366
and
6366.1
of
the
Revenue
and
Taxation
Code
of
the
State
of
California
.
2 .
If
the
purchaser
is
obligated
to
purchase
the
property
for
a
fixed
price
pursuant
to
a
contract
entered
into
prior
to
the
operative
date
of
this
ordinance
.
3 .
If
the
possession
of
,
or
the
exercise
of
any
right
or
power
over
,
the
tangible
personal
property
arises
under
a
lease
which
is
a
continuing
purchase
of
such
property
for
any
period
of
time
for
which
the
lessee
is
obligated
to
lease
the
property
for
an
amount
fixed
by
a
lease
prior
to
the
operative
date
of
this
ordinance
.
4 .
For
the
purposes
of
subparagraphs
(
3 )
and
(
4 )
of
this
section
,
storage
,
use
,
or
other
consumption
,
or
possession
of
,
or
exercise
of
any
right
or
power
over
,
tangible
personal
property
shall
be
deemed
not
to
be
obligated
pursuant
to
a
contract
or
lease
for
any
period
of
time
for
which
any
party
to
the
contract
or
lease
has
5 .
Ordinance
1549
Page
6 the
unconditional
right
to
terminate
the
contract
or
lease
upon
notice
,
whether
or
not
such
right
is
exercised
.
Except
as
provided
in
subparagraph
(
7 )
,
a
retailer
engaged
in
business
in
the
City
shall
not
be
required
to
collect
use
tax
from
the
purchaser
of
tangible
personal
property
,
unless
the
retailer
ships
or
delivers
the
property
into
the
City
or
participates
within
the
City
in
making
the
sale
of
the
property
,
including
,
but
not
limited
to
,
soliciting
or
receiving
the
order
,
either
directly
or
indirectly
,
at
a
place
of
business
of
the
retailer
in
the
City
or
through
any
representative
,
agent
,
canvasser
,
solicitor
,
subsidiary
,
or
person
in
the
City
under
the
authority
of
the
retailer
.
6 .
"
A
retailer
engaged
in
business
in
the
City
"
shall
also
include
any
retailer
of
any
of
the
following
:
vehicles
subject
to
registration
pursuant
to
Chapter
1 (
commencing
with
Section
4000
)
of
Division
3 of
the
Vehicle
Code
,
aircraft
licensed
in
compliance
with
Section
21411
of
the
Public
Utilities
Code
,
or
undocumented
vessels
registered
under
Division
3.5 (
commencing
with
Section
9840
)
of
the
Vehicle
Code
.
That
retailer
shall
be
required
to
collect
use
tax
from
any
purchaser
who
registers
or
licenses
the
vehicle
,
vessel
,
or
aircraft
at
an
address
in
the
City
.
7 .
Any
person
subject
to
use
tax
under
this
ordinance
may
credit
against
that
tax
any
transactions
tax
or
reimbursement
for
transactions
tax
paid
to
a
district
imposing
,
or
retailer
liable
for
a
transactions
tax
pursuant
to
Part
1.6 of
Division
2 of
the
Revenue
and
Taxation
Code
with
respect
to
the
sale
to
the
person
of
the
property
the
storage
,
use
or
other
consumption
of
which
is
subject
to
the
use
tax
.
D
.
3.21 .
110
Amendments
to
State
Law
.
All
amendments
subsequent
to
the
effective
date
of
this
ordinance
to
Part
1 of
Division
2 of
the
Revenue
and
Taxation
Code
relating
to
sales
and
use
taxes
and
which
are
not
inconsistent
with
Part
1.6 and
Part
1.7 of
Division
2 of
the
Revenue
and
Taxation
Code
,
and
all
amendments
to
Part
1.6 and
Part
1.7 of
Division
2 of
the
Revenue
and
Taxation
Code
,
shall
automatically
become
a
part
of
this
ordinance
,
provided
however
,
that
no
such
amendment
shall
operate
so
as
to
affect
the
rate
of
tax
imposed
by
this
ordinance
.
The
city
council
may
amend
this
ordinance
to
comply
with
applicable
law
or
as
may
be
otherwise
necessary
in
order
to
further
the
ordinance
’
stated
purposes
.
3.21 .
120
Enjoining
Collection
Forbidden
.
No
injunction
or
writ
of
mandate
or
other
legal
or
equitable
process
shall
issue
in
any
suit
,
action
or
proceeding
in
any
court
against
the
State
or
the
City
,
or
against
any
officer
of
the
State
or
the
City
,
to
prevent
or
enjoin
the
collection
under
this
ordinance
,
or
Part
1.6 of
Division
2 of
the
Revenue
and
Taxation
Code
,
of
any
tax
or
any
amount
of
tax
required
to
be
collected
.
3.21 .
130
Severability
.
Ordinance
1549
Page
7 If
any
provision
of
this
ordinance
or
the
application
thereof
to
any
person
or
circumstance
is
held
invalid
,
the
remainder
of
the
ordinance
and
the
application
of
such
provision
to
other
persons
or
circumstances
shall
not
be
affected
thereby
.
3.21 .
140
Effective
Date
.
This
ordinance
relates
to
the
levying
and
collecting
of
the
City
transactions
and
use
taxes
and
shall
take
effect
April
1 ,
2020
.
3.21 .
150
Termination
Date
.
The
authority
to
levy
the
tax
imposed
by
this
ordinance
shall
not
expire
unless
terminated
by
lawful
vote
of
the
electorate
or
as
required
or
authorized
by
law
.
SECTION
3 .
The
people
of
the
city
of
Palmdale
desire
enhanced
transparency
and
public
participation
regarding
the
tax
imposed
by
this
Ordinance
,
and
expect
the
revenues
and
expenditures
from
the
tax
to
be
regularly
reviewed
by
a
Citizen
’
s
Advisory
Committee
.
Therefore
,
the
Palmdale
Municipal
Code
is
further
amended
by
adding
Section
3.11 .
170
to
read
as
follows
:
3.21 .
160
Oversight
.
Following
adoption
of
this
Ordinance
by
the
voters
,
the
City
Council
shall
appoint
,
pursuant
to
Palmdale
Municipal
Code
Section
2.08 .
030
,
a
seven
-
member
Citizen
’
s
Advisory
Committee
.
The
City
Council
shall
,
by
resolution
,
adopt
guidelines
for
the
duties
of
the
Citizen
’
s
Advisory
Committee
which
shall
include
,
but
not
be
limited
to
,
receiving
semi
-
annual
reports
from
City
staff
each
fiscal
year
on
revenues
and
expenditures
from
the
tax
imposed
by
this
Ordinance
and
review
of
proposed
spending
plans
.
The
revenue
from
the
sales
tax
shall
not
be
spent
by
the
City
until
after
the
Citizen
’
s
Advisory
Committee
has
had
an
opportunity
to
review
and
comment
on
proposed
expenditures
.
SECTION
4 .
Severability
.
If
any
section
,
subsection
,
subdivision
,
paragraph
,
sentence
,
clause
,
or
phrase
added
by
this
ordinance
,
or
any
part
thereof
,
is
for
any
reason
held
to
be
unconstitutional
or
invalid
or
ineffective
by
any
court
of
competent
jurisdiction
,
such
decision
shall
not
affect
the
validity
of
effectiveness
of
the
remaining
portions
of
this
ordinance
or
any
part
thereof
.
The
people
of
the
city
of
Palmdale
hereby
declares
that
they
would
have
passed
each
section
,
subsection
,
subdivision
,
paragraph
,
sentence
,
clause
,
or
phrase
thereof
irrespective
of
the
fact
that
any
one
or
more
subsections
,
subdivisions
,
paragraphs
,
sentences
,
clauses
,
or
phrases
are
declared
unconstitutional
,
invalid
or
ineffective
.
SECTION
5 .
Election
Required
.
This
ordinance
shall
not
become
effective
unless
and
a
until
a
majority
of
City
voters
voting
on
this
measure
vote
to
approve
the
imposition
of
a
City
transactions
and
use
tax
(
more
commonly
known
as
a
“
sales
tax
”
at
the
General
Municipal
Election
to
be
held
November
3 ,
2020
.
Ordinance
1549
Page
8 SECTION
6 .
Upon
approval
by
the
voters
,
the
City
Clerk
shall
certify
to
the
adoption
of
this
ordinance
and
shall
cause
this
ordinance
to
be
published
or
posted
as
required
by
law
.
PASSED
,
APPROVED
and
ADOPTED
by
the
voters
of
the
city
of
Palmdale
,
State
of
California
,
at
a
municipal
election
held
on
November
3 ,
2020
.
^
/
^
teven
D
.
Hofbauer
,
Mayor
Approved
as
to
form
:
SJianae
SmijK
City
Clerk
Christopher
Beck
City
Attorney
CITY OF PALMDALE
MEASURE AV OVERSIGHT COMMITTEE
BYLAWS
ARTICLE I – ESTABLISHMENT AND PURPOSE
A. Name. Official name of the committee shall be Measure AV Oversight Committee (the “Committee”)
B. Compensation. No compensation shall be provided for attendance to Committee meetings. Reimbursement shall only be given for expenses actually incurred in connection to serving on the Committee.
C. Establishment. Measure AV, approved in November 2020, calls for the establishment of a committee to ensure that all funds from the measure are appropriately used.
D. Purpose. The purpose of this Committee is set forth in Measure AV. (Protecting Palmdale's long-term financial stability; maintaining essential city services; repairing streets/potholes; addressing homelessness; maintaining 911 emergency response; keeping public areas safe/clean for all; retaining local businesses; protecting local water sources; maintaining veterans, senior, mental health, community programs; by establishing a ¾-cent sales tax; requiring citizen oversight, public spending disclosures; all funds used locally in Palmdale). These Bylaws are specifically made subject to the applicable provisions of Measure AV as to the duties and rights of the Committee. The Committee is subject to the Ralph M. Brown Public Meetings Act of the State of California and shall conduct its meetings in accordance with the provisions thereof.
E. Administrative Support. The City shall give all necessary administrative support to the Committee, as is consistent with the Committee’s purpose.
F. Duties. The duties of this Committee are:
a. To ensure that all funds from the three-quarters cent sales tax are spent in accordance with Measure AV.
b. To prepare an annual written report setting forth the purposes for which Measure AV funds were expended in the preceding year and the amount spent in each category.
ARTICLE II – POSITIONS AND TERMS
A. Committee Members. Committee Members shall consist of seven (7) members and (7) alternatives.
B. Committee Additions and Subtractions. The City Council may, by unanimous decision, vote to add or subtract the number of members on the Committee, but shall not go lower than five (5) total members. The Committee shall always remain at an odd number.
C. Term Length. Each member of the Committee shall be appointed for a two (2) year term.
D. Term Limit. Committee members are limited to a three (3) term limit for serving on the Committee.
E. Committee Vacancy. Should a vacancy arise from a member resigning or other matters the following shall happen:
a. Replacement will be filled by a Committee alternate member. b. A Replacement for that alternate shall be picked by the City Council and voted in by majority vote.
c. If a vacancy is filled and there is greater than a year left on the term, it shall count as a full term for the appointed Committee Member’s term limit.
If less than a year remains on the term, it shall not count towards the Committee Member’s term limit.
F. Forfeiture. Should any Committee member miss three (3) consecutive Committee meetings without any prior consent or notice to the Committee, they shall forfeit their membership on the Committee. All forfeited Committee positions shall be subject to Article II, Section E, for the purpose of their vacancy.
G. Chair. The Committee shall appoint one member to serve as the Chair of the Committee by a simple majority vote. The Chair shall preside at all meetings of the Committee. The Chair is responsible for keeping order and decorum during the Committee’s meetings.
H. Vice-Chair. The Committee shall appoint one member to serve as the Vice-Chair of the Committee by simple majority vote. The Vice-Chair shall perform the duties of the chair in the absence or incapacity of the Chair, until such time as a new Chair is selected or appointed. Should both the Chair and Vice-Chair be absence or incapacitated, the Committee shall vote by simple majority to appoint an interim Chair and Vice-Chair for the purpose of that current meeting and any subsequent meetings until either the Chair or Vice-Chair are able to return to their duties.
I. Staff Secretary. City staff shall appoint one member to serve as the Staff Secretary of the Committee. The Staff Secretary shall keep the minutes of all official meetings of the Committee, which shall be open for inspection by any member of the public. The Staff Secretary shall sign reports and correspondence for the Committee, along with setting meeting dates; providing agendas to each Committee member prior to each official meeting. The Staff Secretary shall inform Committee members of all available data gathered by City staff pertinent to each item on said agenda. The Staff Secretary shall inform Committee members of the time and place of any special meeting. The Staff Secretary shall make available to the Committee all correspondence addressed to the Committee.
ARTICLE III – MEETINGS
A. Rules. All meetings will fall under rules set by the Ralph M. Brown Act (Cal. Gov’t Code §54950 et seq.) (“Brown Act”).
B. Meeting Dates. Use of set dates and locations shall be established to meet no less than four (4) times a year. These set dates can be changed by resolution as needed.
C. Specials Meetings and Emergency. Special Meetings can be called by the Chair or Vice Chair with five days prior notice. Emergency meetings can be called as needed.
D. Open and Public Meetings. All meetings concerning all Committee actions and deliberations shall be open and allow for anyone in the public to attend.
E. Closed Sessions. Closed sessions are allowed during regular or special meeting as is needed by circumstance and permitted by law.
F. Public Hearings. Public hearings are to be conducted during regular or special meetings of the Committee.
G. Agenda. An agenda shall be published to the public and sent out to each Committee member no less than seventy-two (72) hours before the meeting takes place. All agendas should include time, date, and location that the meetings take place along with the type of meeting (Regular, Special, or Emergency). Any items not on the agenda will be placed in the non-agenda items portion of the meeting.
H. Minutes. Minutes of the proceedings of the Committee and all documents received and reports issued shall be a matter of public record and be made available on an Internet website maintained by the Committee.
ARTICLE IV. – CONDUCT OF MEETINGS
A. Order of Business. The regular order of business shall be:
1. Call to Order
2. Approval of Prior Meetings Minutes
3. Consideration and Action of Agenda Items
4. Non-Agenda Items
5. Public Comment
6. Adjournment
The order of business can be modified as needed.
B. Parliamentary Procedure. All proceedings before the Committee may be guided by the rules of parliamentary procedure set forth in Robert’s Rules of Order, but failure to follow Robert’s Rules of Order shall not affect the validity of any action or motion duly taken or adopted by the Committee at any lawfully held meeting.
C. Presentations to the Committee. Any person desiring to address the Committee shall be requested, when recognized by the Chair, to give his or her name and address for the record. The Chair may, in the interest of facilitating the business of Committee, set in advance of the presentation of testimony reasonable time limits for oral presentations. Persons may be required to submit written testimony in lieu of oral testimony if the Chair determines that a reasonable opportunity for oral presentations has been provided, and in such a case, the matter may be continued to a later date to allow a reasonable time for such submittals to occur.
D. Attendance. Members shall be considered present at the Committee meeting if they are there physically, on the phone, or using a video conferencing application.
ARTICLE V. – VOTING AND QUORUM
A. Roll Call Vote. A roll call vote may be required in voting upon any motion of the Committee in the discretion of the Chair.
B. Quorum. A majority of the currently appointed members of the Committee shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other official purposes, except that less than a quorum may adjourn from time to time until a quorum is obtained.
C. Number of Votes Required for Action. All actions require a motion and a second. No action or recommendation of the Committee shall be valid and binding unless a quorum is present and the motion is approved a simple majority of the members present. Each member shall have one vote. No votes may be cast by proxy. Tie votes shall be considered as denial of the motion.
D. Conflicts of Interest. The Committee shall be subject to conflict of interest in accordance with the Fair Political Practices Act. City Councilpersons shall not vote for any person who presents a conflict of interest with them.
E. Motion to Reconsider. The Committee may reconsider a matter during the meeting at which the vote was taken, provided all members who were present when the matter was discussed and voted upon are still present, all persons who addressed the Committee regarding the matter are still present, and the motion to reconsider is made by a member who voted with the prevailing side. A motion for reconsideration shall have precedence over every motion except a motion to adjourn. A final vote on any matter may also be placed on any future agenda for reconsideration by the Committee or any member of the Committee at the meeting at which the actions was taken or at any later time. Any interested person may request that an action be reconsidered, provided that such a request must be in writing and filed with the Palmdale City Clerk within ten calendar days of the action of the Committee.
ARTICLE VI. - AMENDMENTS.
Any amendment to these Bylaws shall be approved by a simple majority vote of the Committee of the entire Committee.