SCHEDULE A(1)
Code
Section Description FY 2022 Fee FY 2023 Fee
4000(a) Unregistered Vehicle [3] 110.70$ 110.70$ With proof of correction by due date [4] 15.00$ 15.00$ 4454 (a) Registration card [3] 147.83$ 147.83$ With proof of correction by due date [4] 15.00$ 15.00$ 4457 Stolen, lost, or damaged/mutilated license plates [3] 154.58$ 154.58$ With proof of correction by due date [4] 15.00$ 15.00$ 4462 (B) Evidence of registration/plates wrong vehicle [3] 147.83$ 147.83$ 5200 Display of license plates/missing plate(s) [3] 103.95$ 103.95$ With proof of correction by due date [4] 15.00$ 15.00$ 5201 Improper positioning of plates [3] 103.95$ 103.95$ With proof of correction by due date [4] 15.00$ 15.00$ 5202 Period of display 103.95$ 103.95$ 5204 (a) No license tabs (month and/or year)/expired license tabs [3] 103.95$ 103.95$ With proof of correction by due date [4] 15.00$ 15.00$ 21113 (a) Unlawful parking - Public grounds 161.33$ 161.33$ 21210 Bicycle Parking 89.78$ 89.78$ 21211 (b) Parked in bicycle path 161.33$ 161.33$ 22500 (a) Parking or stopping within an intersection 161.33$ 161.33$ 22500 (b) Parking or stopping on a crosswalk 161.33$ 161.33$ 22500 (c) Parking or stopping in safety zone, sign or red curb 161.33$ 161.33$ 22500 (d) Parking or stopping within 15ft of fire station driveway 255.83$ 255.83$ 22500 (e) Blocking driveway 215.33$ 215.33$ 22500 (f) Parking on sidewalk 215.33$ 215.33$ 22500 (g) Parking along excavation 215.33$ 215.33$ 22500 (h) Double parking 215.33$ 215.33$ 22500 (i) Parking in bus zone [5] 681.08$ 681.08$ 22500 (j) Parking in tunnel 228.83$ 228.83$ 22500 (k) Parking on a bridge 215.33$ 215.33$ 22500 (l) Blocking disabled access ramp [5] 768.83$ 768.83$ 22500.1 Parking in a fire lane 255.83$ 255.83$ 22502 (a) Parking more than 18" from the curb 215.33$ 215.33$ 22502 (e) Curb parking - one way 215.33$ 215.33$ 22505 (b) State highway parking 215.33$ 215.33$ 22507.8 (a) Parking in disabled space without special identification [6] 964.58$ 964.58$ 40226 Cancellation of fine upon proof of valid disabled placard 90.45$ 90.45$ 22507.8 (b) Obstruct, block or bar access to disabled parking [6] 964.58$ 964.58$ 22507.8 (c) Disabled parking boundary lines/crosshatched lines [6] 964.58$ 964.58$ 22510 Parking in snow removal areas 215.33$ 215.33$ 22513 Tow trucks soliciting business (Misdemeanor) 141.08$ 141.08$ 22514 Parking within 15ft of a fire hydrant 255.83$ 255.83$ 22515 Unattended vehicles/setting brakes 215.33$ 215.33$ 22516 Locked door/no escape 188.33$ 188.33$ 22517 Vehicle door open to traffic 255.83$ 255.83$ 22520 Stopping or parking on freeway 168.08$ 168.08$ 22520.5a Vending on freeway 157.28$ 157.28$ 22521 Parking on or near railroad track 215.33$ 215.33$ 22522 Parking near sidewalk access ramps [3] 763.43$ 763.43$ 22523(a) Abandonment prohibited [7] 390.83$ 390.83$ 22523(b) Abandonment prohibited [7] 390.83$ 390.83$ 22526(a)(b) Anti-gridlock/blocking intersection [8] 255.83$ 255.83$ 2nd Violation 332.78$ 332.78$
3rd Violation 731.03$ 731.03$
California Vehicle Code Violations
SCHEDULE A(1)
Code
Section Description FY 2022 Fee FY 2023 Fee
California Vehicle Code Violations
22951 Parking lots-street and alley parking (patron vehicle) 201.83$ 201.83$ 23333 Stopping or parking in vehicular crossing 174.83$ 174.83$ 25300 Emergency reflectors on disabled/parked vehicle 174.83$ 174.83$ 27155 Fuel tank cap required 116.78$ 116.78$ 31303(d) Parking hazardous materials vehicle in residential area 795.83$ 795.83$ $2,783.70
[4] Penalty upon proof of correction set by the California Vehicle Code Section 40225 (c). [5] Minimum Parking penalty are set by California Vehicle Code Section 42001.5. [6] Minimum Parking penalty are set by California Vehicle Code Section 42001.13. [7] Minimum parking penalty are set by California Vehicle Code Section 22523 (c) [8] Minimum parking penalty are set by California Vehicle Code Section 42001.1. [1] Pursuant to Government Code Section 76000, an assessment of $5.00 shall be added to each parking penalty, consisting of $2.50 assessed for the Courthouse Construction Fund and $2.50 assessed for the Criminal Justice Facilities Construction Fund established by Los Angeles County. Said assessments are forwarded to Los Angeles County. [2] Pursuant to Government Code Section 70372, an assessment of $4.50 shall be added to each penalty for violations of the California Vehicle Code and forwarded to Los Angeles County.
[3] Pursuant to California Vehicle Code Section 40225 (d), fifty (50% percent of the base penalty collected for an equipment or registration violation under section 40225 shall be paid to the State and the remaining portion shall be retained by the City or allocated pursuant to a contract between the City and its processing agency. [9] Pursuant to Government Code Section 76000.3, an added penalty of $3.00 shall be imposed to each parking penalty. Payment of all monies collected are forwarded to the Los Angeles County for distribution.
SCHEDULE A(2)
Code
Section Description FY 2022 Fee FY 2023 Fee
15.20.070 Failure to obey traffic signs 228.83$ 228.83$
15.20.130 Parking space markings 201.83$ 201.83$
15.44.120B Parking in a non-designated parking area 185.63$ 185.63$
15.44.140 Failure to park in designated parking areas 185.63$ 185.63$
15.44.150 Use of restricted parking space by unauthorized person 185.63$ 185.63$
15.44.160 Vehicle maintenance in public parking areas 185.63$ 185.63$
15.52.040 Bicycle lanes-unauthorized parking 185.63$ 185.63$
15.64.010 Parking time limits 185.63$ 185.63$
15.64.020 Commercial loading zones 215.33$ 215.33$
15.64.030 Parking time limit - post office 201.83$ 201.83$
15.64.040 Parking at mail box 201.83$ 201.83$
15.64.050 Commercial parking 2am-6am in residential zone (over 10,000 lbs. vehicle weight) 208.58$ 208.58$
15.64.052 Commercial parking in residential zone by vehicle over 10,000 lbs. (anytime) 546.08$ 546.08$
15.64.100 Disconnected trailer on highway 215.33$ 215.33$
15.64.110 Parking in posted bus loading zone 573.08$ 573.08$
15.64.120 Parking in passenger loading zone (3 minutes max) 215.33$ 215.33$
15.64.130 No parking in alleys 215.33$ 215.33$
15.64.140 Posted temporary no parking area 215.33$ 215.33$
15.64.210 Unattended vehicle with key in ignition 201.83$ 201.83$
15.64.220 Parking on steep grades without turning wheels into the curb 201.83$ 201.83$
15.64.230 Parallel parking - over 18" from the curb 201.83$ 201.83$
15.64.240 Angle parking on highway between lines 201.83$ 201.83$
15.64.250 Double parking 215.33$ 215.33$
15.64.260 No parking anytime posted or red curb 215.33$ 215.33$
15.64.270 Parking on private/public property w/o consent 215.33$ 215.33$
15.64.271 Parking in front yard 215.33$ 215.33$
15.64.280 Parking wrong side of street - dual roadway 215.33$ 215.33$
15.64.290 Parking in parkway 215.33$ 215.33$
15.64.300 Blocking street or highway 215.33$ 215.33$
15.64.310 Unattended vehicle transporting hazardous materials 771.53$ 771.53$
15.64.320 Blocking driveway on private street 215.33$ 215.33$
15.64.350 Parked creating a traffic hazard 215.33$ 215.33$
15.64.360 Posted no parking adjacent to school 215.33$ 215.33$
15.64.370 Parking within 15 ft. of private road fire hydrant 255.83$ 255.83$
15.64.390 Parking in assigned parking spaces 215.33$ 215.33$
15.64.440 Parking at assigned taxicab stands 161.33$ 161.33$
15.76.080 Driving or riding vehicles on sidewalk 215.33$ 215.33$
17.04.370 Parks - Unauthorized parking 215.33$ 215.33$
19.04.980 Airports - Unauthorized parking 201.83$ 201.83$
19.04.990 Airports - Unauthorized clean/repair 201.83$ 201.83$ Los Angeles County Code Violations
SCHEDULE A(3)
Code
Section Description FY 2022 Fee FY 2023 Fee
8.36.060(A)(1
0)(a)
Parking vehicle on residential lot - front yard 212.63$ 212.63$ (b) Parking recreational vehicle on front yard 212.63$ 212.63$ (c) Parking vehicle on residential lot - side yard 212.63$ 212.63$ (d) Parking recreational vehicle on side yard 212.63$ 212.63$
10.04.040 No commercial parking in residential zone (more than 10,000 lbs) 546.08$ 546.08$
10.04.050 No commercial truck off designated truck route (more than 10,000 lbs) 546.08$ 546.08$
10.04.080 Shopping center traffic/fire access lanes 232.88$ 232.88$
10.04.150 RV, trailer, boat, camper parked over 72 hours - residential zone 228.83$ 228.83$
12.24.020 (A) Parking vehicle posted for sale 228.83$ 228.83$ (B) Painting/repairing vehicle in street 228.83$ 228.83$ (C) Commercial washing of vehicle 228.83$ 228.83$ Title 17 §87.04
B
Commercial vehicle in residential zone (over 10,000 lbs) 546.08$ 546.08$ Palmdale Municipal Code Violations
Palmdale Parking Penalty Schedule
Schedule A, Page 1
1. California Vehicle Code Violations
Code Section Description Base Penalty Proposed
Base Penalty
LA COUNTY
GC 76100
GC 76000(b)
[1]
LA COUNTY
GC 76101
GC 76000(b)
[1]
LA COUNTY
General Fund
GC 76000(c/d)
[1]
LA COUNTY
GC70372(b)
Critical Needs
[2]
LA COUNTY
GC70372(b)
Court Facilities
[2]
LA COUNTY PC
1465.5 DP State
Linkage
CITY
PC1465.6
LA COUNTY
GC 76000.3
Trial Court
[9]
LA COUNTY
PC 1463.28 VC
40200.3 Bail
Increase
Total Penalty Late Payment
Penalty
Late Admin Fee DMV Hold Fee Subtotal Special
Collection Fee
35%
FY 2022 Proposed
Fee
4000(a) Unregistered Vehicle [3] $25.00 $40.00 $40.00 25.00$ 14.00$ 3.00$ 82.00$ 28.70$ 110.70$ With proof of correction by due date [4] $10.00 $15.00 $15.00 15.00$ 15.00$ 4454 (a) Registration card [3] $30.50 $40.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $52.50 40.00$ 14.00$ 3.00$ 109.50$ 38.33$ 147.83$ With proof of correction by due date [4] $10.00 $15.00 $15.00 15.00$ 15.00$ 4457 Stolen, lost, or damaged/mutilated license plates [3] $30.50 $40.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $52.50 45.00$ 14.00$ 3.00$ 114.50$ 40.08$ 154.58$ With proof of correction by due date [4] $10.00 $15.00 $15.00 15.00$ 15.00$ 4462 (B) Evidence of registration/plates wrong vehicle [3] $30.50 $40.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $52.50 40.00$ 14.00$ 3.00$ 109.50$ 38.33$ 147.83$ 5200 Display of license plates/missing plate(s) [3] $25.00 $35.00 $35.00 25.00$ 14.00$ 3.00$ 77.00$ 26.95$ 103.95$ With proof of correction by due date [4] $10.00 $15.00 $15.00 15.00$ 15.00$ 5201 Improper positioning of plates [3] $25.00 $35.00 $35.00 25.00$ 14.00$ 3.00$ 77.00$ 26.95$ 103.95$ With proof of correction by due date [4] $10.00 $15.00 $15.00 15.00$ 15.00$ 5202 Period of display $25.00 $35.00 $35.00 25.00$ 14.00$ 3.00$ 77.00$ 26.95$ 103.95$ 5204 (a) No license tabs (month and/or year)/expired license tabs [3] $25.00 $35.00 $35.00 25.00$ 14.00$ 3.00$ 77.00$ 26.95$ 103.95$ With proof of correction by due date [4] $10.00 $15.00 $15.00 15.00$ 15.00$ 21113 (a) Unlawful parking - Public grounds $35.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 40.00$ 14.00$ 3.00$ 119.50$ 41.83$ 161.33$ 21210 Bicycle Parking $7.50 $25.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $37.50 12.00$ 14.00$ 3.00$ 66.50$ 23.28$ 89.78$ 21211 (b) Parked in bicycle path $35.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 40.00$ 14.00$ 3.00$ 119.50$ 41.83$ 161.33$ 22500 (a) Parking or stopping within an intersection $35.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 40.00$ 14.00$ 3.00$ 119.50$ 41.83$ 161.33$ 22500 (b) Parking or stopping on a crosswalk $35.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 40.00$ 14.00$ 3.00$ 119.50$ 41.83$ 161.33$ 22500 (c) Parking or stopping in safety zone, sign or red curb $35.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 40.00$ 14.00$ 3.00$ 119.50$ 41.83$ 161.33$ 22500 (d) Parking or stopping within 15ft of fire station driveway $70.50 $85.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $97.50 75.00$ 14.00$ 3.00$ 189.50$ 66.33$ 255.83$ 22500 (e) Blocking driveway $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22500 (f) Parking on sidewalk $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22500 (g) Parking along excavation $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22500 (h) Double parking $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22500 (i) Parking in bus zone [5] $305.50 $320.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $332.50 155.00$ 14.00$ 3.00$ 504.50$ 176.58$ 681.08$ 22500 (j) Parking in tunnel $60.50 $75.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $87.50 65.00$ 14.00$ 3.00$ 169.50$ 59.33$ 228.83$ 22500 (k) Parking on a bridge $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22500 (l) Blocking disabled access ramp [5] $305.50 $320.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $65.00 $397.50 155.00$ 14.00$ 3.00$ 569.50$ 199.33$ 768.83$ 22500.1 Parking in a fire lane $70.50 $85.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $97.50 75.00$ 14.00$ 3.00$ 189.50$ 66.33$ 255.83$ 22502 (a) Parking more than 18" from the curb $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22502 (e) Curb parking - one way $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22505 (b) State highway parking $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22507.8 (a) Parking in disabled space without special identification [6] $315.50 $375.00 $1.50 $1.50 $2.00 $3.00 $1.50 $50.00 $35.00 $3.00 $50.00 $522.50 175.00$ 14.00$ 3.00$ 714.50$ 250.08$ 964.58$ 40226 Cancellation of fine upon proof of valid disabled placard $25.00 $25.00 $25.00 25.00$ 14.00$ 3.00$ 67.00$ 23.45$ 90.45$ 22507.8 (b) Obstruct, block or bar access to disabled parking [6] $315.50 $375.00 $1.50 $1.50 $2.00 $3.00 $1.50 $50.00 $35.00 $3.00 $50.00 $522.50 175.00$ 14.00$ 3.00$ 714.50$ 250.08$ 964.58$ 22507.8 (c) Disabled parking boundary lines/crosshatched lines [6] $315.50 $375.00 $1.50 $1.50 $2.00 $3.00 $1.50 $50.00 $35.00 $3.00 $50.00 $522.50 175.00$ 14.00$ 3.00$ 714.50$ 250.08$ 964.58$ 22510 Parking in snow removal areas $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22513 Tow trucks soliciting business (Misdemeanor) $30.50 $40.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $52.50 35.00$ 14.00$ 3.00$ 104.50$ 36.58$ 141.08$ 22514 Parking within 15ft of a fire hydrant $70.50 $85.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $97.50 75.00$ 14.00$ 3.00$ 189.50$ 66.33$ 255.83$ 22515 Unattended vehicles/setting brakes $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22516 Locked door/no escape $45.50 $60.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $72.50 50.00$ 14.00$ 3.00$ 139.50$ 48.83$ 188.33$ 22517 Vehicle door open to traffic $70.50 $85.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $97.50 75.00$ 14.00$ 3.00$ 189.50$ 66.33$ 255.83$ 22520 Stopping or parking on freeway $30.50 $40.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $62.50 45.00$ 14.00$ 3.00$ 124.50$ 43.58$ 168.08$ 22520.5a Vending on freeway $32.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 37.00$ 14.00$ 3.00$ 116.50$ 40.78$ 157.28$ 22521 Parking on or near railroad track $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$ 22522 Parking near sidewalk access ramps [3] $305.50 $350.00 $1.50 $1.50 $2.00 $3.00 $1.50 $31.00 $3.00 $393.50 155.00$ 14.00$ 3.00$ 565.50$ 197.93$ 763.43$ 22523(a) Abandonment prohibited [7] $100.50 $115.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $20.00 $147.50 125.00$ 14.00$ 3.00$ 289.50$ 101.33$ 390.83$ 22523(b) Abandonment prohibited [7] $100.50 $115.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $20.00 $147.50 125.00$ 14.00$ 3.00$ 289.50$ 101.33$ 390.83$ $3,642.50 $4,410.00 $5,423.50 $12,217.73
Palmdale Parking Penalty Schedule
Schedule A, Page 2
1. California Vehicle Code Violations
Code Section Description Base Penalty Proposed
Base Penalty
LA COUNTY
GC 76100
GC 76000(b)
[1]
LA COUNTY
GC 76101
GC 76000(b)
[1]
LA COUNTY
General Fund
GC 76000(c/d)
[1]
LA COUNTY
GC70372(b)
Critical Needs
[2]
LA COUNTY
GC70372(b)
Court Facilities
[2]
LA COUNTY PC
1465.5 DP State
Linkage
CITY
PC1465.6
LA COUNTY
GC 76000.3
Trial Court
[9]
LA COUNTY
PC 1463.28 VC
40200.3 Bail
Increase
Total Penalty Late Payment
Penalty
Late Admin Fee DMV Hold Fee Subtotal Special
Collection Fee
35%
FY 2022 Proposed
Fee
22526(a)(b) Anti-gridlock/blocking intersection [8] $70.50 $85.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $97.50 75.00$ 14.00$ 3.00$ 189.50$ 66.33$ 255.83$ 2nd Violation $170.50 $130.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $142.50 87.00$ 14.00$ 3.00$ 246.50$ 86.28$ 332.78$ 3rd Violation $370.50 $325.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $337.50 187.00$ 14.00$ 3.00$ 541.50$ 189.53$ 731.03$ 22951 Parking lots-street and alley parking (patron vehicle) $50.50 $65.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$ 23333 Stopping or parking in vehicular crossing $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $67.50 45.00$ 14.00$ 3.00$ 129.50$ 45.33$ 174.83$ 25300 Emergency reflectors on disabled/parked vehicle $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $67.50 45.00$ 14.00$ 3.00$ 129.50$ 45.33$ 174.83$ 27155 Fuel tank cap required $22.50 $30.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $42.50 27.00$ 14.00$ 3.00$ 86.50$ 30.28$ 116.78$ 31303(d) Parking hazardous materials vehicle in residential area $345.50 $385.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $397.50 175.00$ 14.00$ 3.00$ 589.50$ 206.33$ 795.83$ $1,111.00 $1,130.00 $1,230.00 $2,783.70
[4] Penalty upon proof of correction set by the California Vehicle Code Section 40225 (c). [5] Minimum Parking penalty are set by California Vehicle Code Section 42001.5. [6] Minimum Parking penalty are set by California Vehicle Code Section 42001.13. [7] Minimum parking penalty are set by California Vehicle Code Section 22523 (c) [8] Minimum parking penalty are set by California Vehicle Code Section 42001.1. [9] Pursuant to Government Code Section 76000.3, an added penalty of $3.00 shall be imposed to each parking penalty. Payment of all monies collected are forwarded to the Los Angeles County for distribution. [1] Pursuant to Government Code Section 76000, an assessment of $5.00 shall be added to each parking penalty, consisting of $2.50 assessed for the Courthouse Construction Fund and $2.50 assessed for the Criminal Justice Facilities Construction Fund established by Los Angeles County. Said assessments are forwarded to Los Angeles County. [2] Pursuant to Government Code Section 70372, an assessment of $4.50 shall be added to each penalty for violations of the California Vehicle Code and forwarded to Los Angeles County. [3] Pursuant to California Vehicle Code Section 40225 (d), fifty (50% percent of the base penalty collected for an equipment or registration violation under section 40225 shall be paid to the State and the remaining portion shall be retained by the City or allocated pursuant to a contract between the City and its processing agency.
Palmdale Parking Penalty
Schedule A, Page 3
2. Los Angeles County Code Violations
Code Section Description Base Penalty Proposed Base
Penalty
LA COUNTY
GC 76100
GC 76000(b)
[1]
LA COUNTY
GC 76101
GC 76000(b)
[1]
General Fund GC
76000(c/d) [1]
LA COUNTY
GC70372(b)
Critical Needs
[2]
LA COUNTY
GC70372(b)
Court Facilities
[2]
LA COUNTY
PC 1465.5
DP State
Linkage
CITY
PC1465.6
LA COUNTY
GC 76000.3
Trial Court
[9]
LA COUNTY
PC 1463.28 VC
40200.3 Bail
Increase
Total Penalty
(New)
Late Payment
Penalty
Late
Admin Fee
DMV Hold
Fee
Subtotal Special Collection
Fee 35%
FY 2022
Proposed Fee
15.20.070 Failure to obey traffic signs $45.50 $60.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $87.50 65.00$ 14.00$ 3.00$ 169.50$ 59.33$ 228.83$
15.20.130 Parking space markings $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
15.44.120B Parking in a non-designated parking area $43.50 $60.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $72.50 48.00$ 14.00$ 3.00$ 137.50$ 48.13$ 185.63$
15.44.140 Failure to park in designated parking areas $33.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $72.50 48.00$ 14.00$ 3.00$ 137.50$ 48.13$ 185.63$
15.44.150 Use of restricted parking space by unauthorized person $33.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $72.50 48.00$ 14.00$ 3.00$ 137.50$ 48.13$ 185.63$
15.44.160 Vehicle maintenance in public parking areas $33.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $72.50 48.00$ 14.00$ 3.00$ 137.50$ 48.13$ 185.63$
15.52.040 Bicycle lanes-unauthorized parking $33.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $72.50 48.00$ 14.00$ 3.00$ 137.50$ 48.13$ 185.63$
15.64.010 Parking time limits $33.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $72.50 48.00$ 14.00$ 3.00$ 137.50$ 48.13$ 185.63$
15.64.020 Commercial loading zones $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.030 Parking time limit - post office $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
15.64.040 Parking at mail box $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
15.64.050 Commercial parking 2am-6am in residential zone (over 10,000 lbs. vehicle weight) $40.50
$50.00
$1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $77.50 60.00$ 14.00 $ 3.00 $ 154.50$ 54.08$ 208.58$
15.64.052 Commercial parking in residential zone by vehicle over 10,000 lbs. (anytime) $245.50
$250.00
$1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $262.50 125.00$ 14.00 $ 3.00 $ 404.50$ 141.58$ 546.08$
15.64.100 Disconnected trailer on highway $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.110 Parking in posted bus loading zone $235.50 $250.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $277.50 130.00$ 14.00$ 3.00$ 424.50$ 148.58$ 573.08$
15.64.120 Parking in passenger loading zone (3 minutes max) $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.130 No parking in alleys $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.140 Posted temporary no parking area $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.210 Unattended vehicle with key in ignition $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
15.64.220 Parking on steep grades without turning wheels into the curb $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00 $ 3.00 $ 149.50$ 52.33$ 201.83$
15.64.230 Parallel parking - over 18" from the curb $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
15.64.240 Angle parking on highway between lines $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
15.64.250 Double parking $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.260 No parking anytime posted or red curb $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.270 Parking on private/public property w/o consent $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.271 Parking in front yard $53.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.280 Parking wrong side of street - dual roadway $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.290 Parking in parkway $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.300 Blocking street or highway $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.310 Unattended vehicle transporting hazardous materials $285.50 $300.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $65.00 $377.50 177.00$ 14.00$ 3.00$ 571.50$ 200.03$ 771.53$
15.64.320 Blocking driveway on private street $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.350 Parked creating a traffic hazard $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.360 Posted no parking adjacent to school $40.50 $55.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $15.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.370 Parking within 15 ft. of private road fire hydrant $65.50 $80.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $5.00 $97.50 75.00$ 14.00$ 3.00$ 189.50$ 66.33$ 255.83$
15.64.390 Parking in assigned parking spaces $45.50 $60.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $10.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
15.64.440 Parking at assigned taxicab stands $35.50 $50.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $62.50 40.00$ 14.00$ 3.00$ 119.50$ 41.83$ 161.33$
15.76.080 Driving or riding vehicles on sidewalk $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
17.04.370 Parks - Unauthorized parking $55.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 60.00$ 14.00$ 3.00$ 159.50$ 55.83$ 215.33$
19.04.980 Airports - Unauthorized parking $50.50 $65.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $77.50 55.00$ 14.00$ 3.00$ 149.50$ 52.33$ 201.83$
19.04.990 Airports - Unauthorized clean/repair $50.50 $65.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $77.50 55.00$ 14.00 $ 3.00 $ 149.50$ 52.33$ 201.83$
Palmdale Parking Penalty
Schedule A, Page 4
3. Palmdale Municipal Code Violations
Code Section Description Base Penalty Proposed
Base Penalty
LA COUNTY
GC 76100
GC 76000(b)
[1]
LA COUNTY
GC 76101 GC
76000(b) [1]
LA COUNTY
General Fund
GC 76000(c/d)
[1]
LA COUNTY
GC70372(b) Critical
Needs [2]
LA COUNTY
GC70372(b)
Court Facilities
[2]
LA COUNTY PC
1465.5 DP
State Linkage
CITY
PC1465.6
LA COUNTY GC
76000.3 Trial
Court [9]
LA COUNTY PC
1463.28 VC
40200.3 Bail
Increase
Total Penalty Late
Payment
Penalty
Late
Admin Fee
DMV Hold
Fee
Subtotal Special
Collection Fee
35%
FY 2022
Proposed
8.36.060(A)(10)(a) Parking vehicle on residential lot - front yard $53.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 $82.50 58.00 $ 14.00 $ 3.00 $ 157.50$ 55.13$ 212.63$ (b) Parking recreational vehicle on front yard $53.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 82.50$ 58.00 $ 14.00 $ 3.00 $ 157.50$ 55.13$ 212.63$ (c) Parking vehicle on residential lot - side yard $53.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 82.50$ 58.00 $ 14.00 $ 3.00 $ 157.50$ 55.13$ 212.63$ (d) Parking recreational vehicle on side yard $53.50 $70.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 82.50$ 58.00 $ 14.00 $ 3.00 $ 157.50$ 55.13$ 212.63$
10.04.040 No commercial parking in residential zone (more than 10,000 lbs) $245.50 $250.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 262.50$ 125.00 $ 14.00 $ 3.00 $ 404.50$ 141.58$ 546.08$
10.04.050 No commercial truck off designated truck route (more than 10,000 lbs) $245.50 $250.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 262.50$ 125.00 $ 14.00 $ 3.00 $ 404.50$ 141.58$ 546.08$
10.04.080 Shopping center traffic/fire access lanes $63.50 $75.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 87.50$ 68.00 $ 14.00 $ 3.00 $ 172.50$ 60.38$ 232.88$
10.04.150 RV, trailer, boat, camper parked over 72 hours - residential zone $60.50 $75.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 87.50$ 65.00 $ 14.00 $ 3.00 $ 169.50$ 59.33$ 228.83$
12.24.020 (A) Parking vehicle posted for sale $60.50 $75.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 87.50$ 65.00 $ 14.00 $ 3.00 $ 169.50$ 59.33$ 228.83$ (B) Painting/repairing vehicle in street $60.50 $75.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 87.50$ 65.00 $ 14.00 $ 3.00 $ 169.50$ 59.33$ 228.83$ (C) Commercial washing of vehicle $60.50 $75.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 87.50$ 65.00 $ 14.00 $ 3.00 $ 169.50$ 59.33$ 228.83$ Title 17 §87.04 B Commercial vehicle in residential zone (over 10,000 lbs) $245.50 $250.00 $1.50 $1.50 $2.00 $3.00 $1.50 $3.00 262.50$ 125.00 $ 14.00 $ 3.00 $ 404.50$ 141.58$ 546.08$
FREE
Palmdale's Parks & Recreation Department offers premier services to residents in the City of Palmdale. Our parks, recreation facilities, programs and events strengthen community image and enhance the quality of life enjoyed by Palmdale's residents. To become a leader in the development of Palmdale's future, the Parks & Recreation Department contributes to our economic growth through development of unique facilities that provide diverse programs and events, not offered elsewhere in the region. We provide events that bring people together, thereby encouraging community pride and making our City an attractive place to live. We strive to create a healthy community for families and individuals by preventing crime, while improving youth resilience. Our programs are offered in a non-competitive environment to help build character, encourage self-esteem, and emphasize on the importance of good sportsmanship. Our special use facilities support economic development by attracting residents and businesses, as well as tourists. Our department strives to demonstrate the benefits of Parks and Recreation and continues to be recognized as an essential service to our City Council and the Palmdale community,
EXCLUSIVE
INDIVIDUAL
BENEFIT
SUBSTANTIAL
INDIVIDUAL
BENEFIT
BALANCED
BENEFICIARIES
COMMUNITY
BENEFIT
COMMUNITY
BENEFIT/ACCESS
Participants in programs and services at this level primary focus on individual gain, either for profit or promotion, and limit the public’s ability to use public facilities for the community benefit. Profits are obtainable at this level and assist in funding other programs and users have high expectations of expertise. The overall community benefit is low to zero. Examples of services offered at this level include private lessons, water park operations, concessions and vending, merchandise sales, and equipment rentals.
Considerable individual benefit is gained from programs and services offered at this level. Services target a very specific and limited group or team; emphasize individual improvement. Examples of services offered at this this level include adult recreation and leagues, city-hosted tournaments, advanced aquatics, lifeguard academy, and competitive events.
Providing a balance between community and individual benefit is the focus of programs and services offered at this level. Residents who participate in these programs will come away with positives experiences, enriched lives, a sense of pride, and increased confidence. These individual benefits help the overall community. Examples of services offered at this level include youth sports, camps, advanced instructional classes, theatrical performances and headline concerts.
75-100%
50-75%
25-50%
0-25%
COST RECOVERY
LEVEL
Programs and services at this level assist the City of Palmdale Parks & Recreation Department in achieving the goal of promoting healthy lifestyles, celebrating cultural diversity, encouraging personal development, and building a sense of belonging by allowing for accessible and inclusive facilities. The department strengthens safety and security by protecting every individual’s right to recreate in a safe environment. Examples of services offered at this level include access to city parks and trails, park programming, and volunteer led programs.
Programs and service at this level provide a benefit to the entire community. These programs promote a sense of community and pride, use of outdoor spaces, multi-generational family participation, are supportive, provide a sense of safety, service, and primarily benefit the community rather than the individual. Examples of services offered at the level include aquatic safety programs, education and prevention programs, city sponsored community events, youth and teen programming, senior social services, adaptive and therapeutic programs, and staff taught introductory classes.
BERRYDUNN.COM
City Council Staff Report
DATE: AUGUST 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: 4
SUBJECT: ADOPT RESOLUTION NO. CC 2022 -084, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A PLAN
OF FINANCE FOR THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY SOLID WASTE DISPOSAL
REVENUE BONDS (WASTE MANAGEMENT, INC. PROJECT) IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $355,000,000
FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO SOLID
WASTE DISPOSAL FACILITIES AND CERTAIN OTHER MATTERS
RELATING THERETO
ISSUE
Adopt Resolution No. CC 20 22-084, a Resolution of the City Council of the City of Palmdale approving a plan of finance for the issuance of the California Municipal Finance Authority revenue bonds (Waste Management Project) in an aggregate amount not to exceed $ 355,000,000 as part of a plan to finance certain qualified solid waste disposal facility projects. A portion of the principal amount of the Bonds, in an amount not to exceed $25,000,000, will be used to finance the following projects (collectively, the “Project”) located within the City of Palmdale (the “City”) at Palmdale Landfill, 1200 W. City Ranch Road, Palmdale, California, 93551.
RECOMMENDATION
Adopt Resolution No. CC 202 2-084, a Resolution of the City Council of the City of Palmdale approving a plan of finance for the issuance of the California Municipal Finance Authority revenue bonds (Waste Management Project) in an aggregate amount not to exceed $ 355,000,000 as part of a plan to finance certain qualified solid waste disposal facility projects. A portion of the principal amount of the Bonds, in an amount not to exceed $25,000,000, will be used to finance the Project located within the City at Palmdale Landfill, 1200 W. City Ranch Road, Palmdale, California, 93551.
BACKGROUND
USA Waste of California, Inc., a corporation duly organized and existing under the laws of the State of Delaware, Antelope Valley Recycling and Disposal Facility, Inc., a corporation duly organized and existing under the laws of the State of California, Waste Management, Inc., a corporation duly organized and existing under the laws of the State Report to Mayor and City Council
Re: Adopt Resolution No. CC 2022-084
August 3, 2022
of Delaware, and/or affiliates thereof (collectively, the “Borrower”), have requested that the California Municipal Finance Authority (the “Authority”) issue exempt facility revenue bonds in one or more series from time to time in an aggregate principal amount not to exceed $355,000,000 (the “Bonds”) as part of a plan of finance to finance certain qualified solid waste disposal facility projects pursuant to section 142(a)(6) of the Internal Revenue Code of 1986 (the “Code”).
A portion of the principal amount of the Bonds, in an amount not to exceed $25,000,000, will be used to finance the following projects located within the City of Palmdale at Palmdale Landfill, 1200 W. City Ranch Road, Palmdale, California, 93551: (a) improvements to existing landfill facilities, including but not limited to (i) construction of new disposal cells and liners within currently permitted acreage, (ii) additions and improvements to the leachate collection and treatment system, including leachate trenching, (iii) additions and improvements to the methane gas systems, including collection, processing and treatment systems for the capture, conversion and/or distribution of landfill gas, (iv) installation of new liners for intermittent and final closure of completed sections of the landfill facilities, (v) site and/or land improvements, and construction of building facilities, (vi) acquisition of equipment to be used at the landfill facilities, and (vii) acquisition of equipment, land and other assets necessary to support the foregoing additions and improvements and to place them into service; and (b) improvements to existing collection (hauling) and transfer station facilities, including but not limited to (i) acquisition of solid waste disposal and recycling trucks and support vehicles, (ii) acquisition of solid waste disposal and recycling containers and related equipment, (iii) acquisition of solid waste sorting and processing and recycling equipment, (iv) site and/or land improvements, (v) the construction of one or more buildings for supporting operations of the Project and (vi) acquisition of other equipment and assets necessary to support the foregoing improvements and place them into service.
DISCUSSION
The CMFA is a political subdivision of the state of California established under the Joint Exercise of Powers Act for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities throughout California. The CMFA is authorized to issue bonds to promote economic development and public benefit. It has issued over $25 billion of bonds for more than 330 jurisdictions within the State of California. To initiate such financing and for the Borrower to obtain financing, the City must conduct a public hearing and approve the CMFA's issuance of indebtedness.
Approval by the government jurisdiction in which the proposed facilities are located is a requirement of Section 147(f) of the Internal Revenue Code of 1986 (IRS Code).
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain Report to Mayor and City Council
Re: Adopt Resolution No. CC 2022-084
August 3, 2022
clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
FISCAL IMPACT
CMFA is the issuer of the Bonds. The Bonds are not an obligation of the City. The City bears no cost for the issuance of the proposed Bonds and no administrative burden for ongoing reporting and disclosure.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Janelle Samson, Director of Finance
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney
ATTACHMENTS
1. Resolution No. CC 2022-084
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-084
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A
PLAN OF FINANCE FOR THE ISSUANCE OF THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY SOLID WASTE DISPOSAL REVENUE BONDS (WASTE MANAGEMENT, INC. PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $355,000,000 FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO
SOLID WASTE DISPOSAL FACILITIES AND CERTAIN OTHER MATTERS RELATING
THERETO
WHEREAS, USA Waste of California, Inc., a corporation duly organized and existing under the laws of the State of Delaware, Antelope Valley Recycling and Disposal Facility, Inc., a corporation duly organized and existing under the laws of the State of California, Waste Management, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and/or affiliates thereof (collectively, the “Borrower”), have requested that the California Municipal Finance Authority (the “Authority”) issue exempt facility revenue bonds in one or more series from time to time in an aggregate principal amount not to exceed $355,000,000 (the “Bonds”) as part of a plan of finance to finance certain qualified solid waste disposal facility projects pursuant to section 142(a)(6) of the Internal Revenue Code of 1986 (the “Code”);
WHEREAS, a portion of the principal amount of the Bonds, in an amount not to exceed $25,000,000, will be used to finance the following projects (collectively, the “Project”) located within the City of Palmdale (the “City”) at Palmdale Landfill, 1200 W.
City Ranch Road, Palmdale, California, 93551: (a) improvements to existing landfill facilities, including but not limited to (i) construction of new disposal cells and liners within currently permitted acreage, (ii) additions and improvements to the leachate collection and treatment system, including leachate trenching, (iii) additions and improvements to the methane gas systems, including collection, processing and treatment systems for the capture, conversion and/or distribution of landfill gas, (iv) installation of new liners for intermittent and final closure of completed sections of the landfill facilities, (v) site and/or land improvements, and construction of building facilities, (vi) acquisition of equipment to be used at the landfill facilities, and (vii) acquisition of equipment, land and other assets necessary to support the foregoing additions and improvements and to place them into service; and (b) improvements to existing collection (hauling) and transfer station facilities, including but not limited to (i) acquisition of solid waste disposal and recycling trucks and support vehicles, (ii) acquisition of solid waste disposal and recycling containers and related equipment, (iii) acquisition of solid waste sorting and processing and recycling equipment, (iv) site and/or land improvements, (v) the construction of one or more buildings for supporting operations of the Project and (vi) acquisition of other equipment and assets necessary to support the foregoing improvements and place them into service; and
Resolution No. CC 2022-084
WHEREAS, the Project will be initially owned and/or operated by the Borrower; and
WHEREAS, the remaining principal amount of the Bonds (the “Remaining Amount”), is intended to be used to finance similar projects of the Borrower located in other cities and counties (the “Remaining Projects”), and the issuance of such Remaining Amount of Bonds to finance such Remaining Projects is subject to the approval of the elected representatives in the applicable cities or counties (the “Other Elected Representatives”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by an applicable elected representative of a governmental unit within the territorial limits of which the Project is situated; and WHEREAS, the Project is situated wholly within the territorial limits of the City; and WHEREAS, the City Council of the City (the “Council”) is the elected legislative body of the City and is an “applicable elected representative” of the City; and WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” and that, for purposes of this resolution, the plan of finance consists of a general plan of the Authority and the Borrower to monitor capital markets and the capital needs of the Borrower within the City and, if market conditions warrant, issue one or more additional series of Bonds in an aggregate principal amount not to exceed $355,000,000 to finance the Project and the Remaining Projects within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and
WHEREAS, pursuant to Section 147(f) of the Code and Section 6586.5 of the Government Code of the State of California, the City has, following notice duly given, held a public hearing regarding the Project and the plan of finance for the issuance of the Bonds, and the Council now desires to approve the Project and the plan of finance for the issuance of the Bonds by the Authority;
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
Resolution No. CC 2022-050
SECTION 2. The Council hereby approves the plan of finance for the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Notwithstanding the foregoing, the Council’s approval of the issuance of the Remaining Amount of the Bonds to finance the Remaining Projects is hereby granted solely to comply with the requirements of said Section 147(f) and said Section 4, and is otherwise fully conditioned upon and subject to the public approval thereof by Other Elected Representatives, and would not be granted by this Council without the public approval by such Other Elected Representatives prior to the issuance of the Bonds.
SECTION 3 . The City finds that the actions authorized hereby regarding the financing of the Project will result in more efficient delivery of City services to residential and commercial development to produce significant public benefits.
SECTION 4. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
SECTION 5 . The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, A Professional Law Corporation
475 Sansome Street, Suite 1700
San Francisco, California 94111
SECTION 6. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 3rd day of August, 2022. _________________________________
APPROVED AS TO FORM: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Scott E. Porter Shanae S. Smith, City Clerk
Acting City Attorney
Resolution No. CC 2022-084
I, Shanae Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 3rd day of August, 2022 by the following roll call vote:
AYES: ___________________________________________________________ NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:__________________________ Date: _______________________________________________________ _ Shanae S. Smith, City Clerk
City Council Staff Report
DATE: AUGUST 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCE AND ADOPT ORDINANCE NO. 1592, AMENDING SECTION 5.04.670 (TOBACCO/SMOKING PRODUCT RETAILER)
OF CHAPTER 5.04 (BUSINESS REGULATION) OF TITLE 5
(BUSINESS LICENSES, TAXES, AND REGULATION) OF THE
PALMDALE MUNICIPAL CODE TO BAN FLAVORED TOBACCO
PRODUCTS
ISSUE
Introduce a nd Adopt Ordinance No. 1592 , amending section 5.04.670 (Tobacco/Smoking Product Retailer) of Chapter 5.04 (Business Regulation) of Title 5 (Business Licenses, Taxes and Regulation) of the Palmdale Municipal Code banning Flavored Tobacco Products.
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and then introduce and adopt ordinance No. 1592.
BACKGROUND
Tobacco use is one of the leading causes of preventable death in the United States.
Electronic cigarettes use flavored nicotine that is sold and consumed in thousands of flavors that appeal to youth, such as bubblegum and cotton candy. These flavors hide the harshness of nicotine, making initiation of nicotine use more appealing to youth. It is the purpose and intent of the City to provide for the public health, safety and welfare of the community, particularly youth, by prohibiting the sale or distribut ion of flavored tobacco products.
On December 3, 2019, the City Council adopted Ordinance No. 1535, prohibiting the sale of flavored electronic cigarette and tobacco products in the City of Palmdale.
However, to accommodate the sale of a tobacco retailer’s existing stock of flavored electronic cigarette and tobacco products, to adjust inventories and accommodate the tobacco retailer’s substitution of alternative produ cts for sale, the City Council delayed implementation of this ordinance . Due to the impact of Covid -19 t his delay was extended on July 14, 2020 with Ordinance No. 1548 and again on March 2, 2021 with Ordinance No. 1560.
Report to Mayor and City Council
Re: Proposed Ordinance No. 1592
August 3, 2022
In August 2020, Senate Bill 793 pa ssed which prohibited the sale of flavored tobacco in the State of California. In addition, a referendum, the California Flavored Tobacco Products Ban, qualified for the ballot as a veto referendum which suspended SB 793 until after the November 8, 2022 statewide general election.
On February 16, 2022, the City Council conducted a Public Hearing for proposed ordinance No. 1580 continuing a temporary suspension of PMC Section 5.04.670(H)(4) of the Palmdale Municipal Code, prohibiting the sale of flavored el ectronic cigarette products, until February 1, 202 3. The City Council did not conduct a vote for proposed Ordinance No. 1580 , thus ending the extensions and implementing the original ordinance No. 1535, prohibiting the sale of flavored electronic cigarette and tobacco products.
DISCUSSION
Proposed Ordinance No. 15 92 amends Title 5 (Business Licenses, Taxes and Regulation) Chapter 5.04 (Business Regulation) Section 5.04.670 (Tobacco/Smoking Product Retailer) of the Palmdale Municipal Code regarding the sale and distribution of Flavored Tobacco Products. “Flavored tobacco product” shall mean tobacco/smoking products containing, as a constituent or additive, an artificial or natural flavor of an herb or spice which emit a taste or smell, other than the taste or smell of tobacco, including but not limited to mint, menthol, spearmint, wintergreen, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, candy , dessert, alcoholic beverages, or coffee, that is a characterizing flavor of the product, or the smoke or vapor produced by the product. Flavored tobacco product does not include premium cigars, shisha, loose leaf tobacco, or products approved by the Foo d and Drug Administration for sale as a tobacco cessation product or other therapeutic purposes, where the product is marketed and sold solely for such an approved purpose.
This Ordinance is exempt from the requirements of the California Environmental Qua lity Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3)).
If approved, the ordinance shall commence on January 1, 2023, making the sale or distribution of flavored tobacco products prohibited, and no permit shall be issued under this section to an y such activity. This ordinance shall become effective on August 12, 2022. The changes to the municipal code caused by this ordinance shall take effect on January 2, 2023, unless the referendum against SB 793 should fail, in which case this ordinance shall not have any effect, and the municipal code shall remain unchanged.
FISCAL IMPACT
Minimal loss of sales tax revenue generated from sales of Flavored Tobacco Products.
Report to Mayor and City Council
Re: Proposed Ordinance No. 1592
August 3, 2022
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
A.Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
Prepared by: Zach Glynn, Management Analyst I
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney
ATTACHMENTS
Ordinance No. 1592
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1592
AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 5.04.670 (TOBACCO/SMOKING PRODUCT RETAILER) OF CHAPTER 5.04 (BUSINESS REGULATION) OF TITLE 5 (BUSINESS LICENSES, TAXES, AND
REGULATION) OF THE PALMDALE MUNICIPAL CODE TO BAN FLAVORED
TOBACCO PRODUCTS
WHEREAS, tobacco use is one of the leading causes of preventable death in the United States. Electronic cigarettes use flavored nicotine that is sold and consumed in thousands of flavors that appeal to youth, such as bubblegum and cotton candy. These flavors hide the harshness of nicotine, making initiation of nicotine use more appealing to youth. It is the purpose and intent of this Division to provide for the public health, safety and welfare of the community, particularly youth, by prohibiting the sale or distri bution of flavored tobacco products; and
WHEREAS, this ordinance is intended to prohibit the sale or distribution of flavored tobacco.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Palmdale finds and declares that the Recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 2. Section 5.04.670 (Tobacco/Smoking Product Retailer) of Chapter
5.04 (Business Regulation) of Title 5 (Business Licenses, Taxes, and Regulation) of the Palmdale Municipal Code shall be amended as follows:
(A) Definitions. For the purpose of this section, the following terms shall have the following meanings:
(1) “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, corporate or other entities which have some or all of the same directors and/or principals, or any sale for which a significant p urpose is avoiding the effect of the violations of this section, is not an arm’s length transaction.
Ordinance No. 1592
(2) “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Sections 11014.5 and 11364.5, as those sections may be am ended from time to time.
(3) “Electronic cigarette” shall mean an electronic and/or battery -operated device that can deliver an inhalable dose of nicotine to the user. “Electronic cigarette” includes any product meeting this definition, regardless of wheth er it is manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer or any other product name or descriptor.
(4) “Flavored tobacco product” shall mean tobacco/smoking products containing, as a constituent or additive, an artificial or natural flavor of an herb or spice which emit a taste or smell, other than the taste or smell of tobacco, including but not limited to mint, menthol, spearmint, wintergreen, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, candy, dessert, alcoholic beverages, or coffee, that is a characterizing flavor of the product, or the smoke or vapor produced by the product. Flavored tobacco product does not include premium cigars, shisha, loose leaf tobacco, or products approved by the Food and Drug Administration for sale as a tobacco cessation product or other therapeutic purposes, where the product is marketed and sold solely for such an approved purpose.
(5) Premium cigars means any cigar that is handmade, has a wrapper that is made entirely from whole tobacco leaf , and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have filter, tip, or nontobacco mouthpiece. (6) “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.
(7) “Self-service display” means the open display or storage of tobacco products, smoking products or tobacco/smoking paraphernalia in a manner that is p hysically accessible in any way to the general public without assistance of the retailer or employee of the retailer and a direct person -to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
(8) Shisha means a tobacco product that is mixed with molasses, honey, fruit or dried fruits and is sold for use in a hookah.
Ordinance No. 1592
(9) “Smoking product” means any substance produced or sold to be used for smoking, ingestion or consumption in cigarettes, electronic cigarettes, cigars, pipes, hookahs, or other similar objects.
(10) “Tobacco product” means (a) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, b idis, or any other preparation of tobacco; and (b) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matte r will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. (11) “Tobacco/smoking paraphernalia” means cigare tte papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or paraphernalia designed for the smoking, preparation, storing, ingesti on or consumption of tobacco and other smoking products.
(12) “Tobacco/smoking product retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, tobacco/smoking products or tobacco/smoking paraphernalia. Any person who distributes free or low-cost samples of tobacco products, smoking products or tobacco/smoking paraphernalia shall be deemed to be a tobacco/smoking product retailer under this chapter. “Tobacco/smoking product retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco or smoking product, or tobacco or smoking paraphernalia sold, offered for sale, exchanged or offered for exchange.
(13) “Vending machine” as used in this section shall mean a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms. (14) “Youth decoy” means a person under the age of 18 who is used by the Los Angeles County Sheriff’s Department or any City official or employee authorized to enforce provisions of this chapter to conduct random on -site sting investigations to determine compliance with tobacco retailing laws.
(B) Permits Required.
(1) Any person intending to act as a tobacco/smoking product retailer shall, within one year of the effective date of the ordinance codified in this section, obtain a tobacco/smoking product retailer permit for each location at which tobacco/smoking Ordinance No. 1592
product retailing is to occur. This applies to all existing and future tobacco/smoking product retailers in the City.
(2) It shall be unlawful for any person to act as a tobacco/smoking product retailer in the City without first obtaining and maintaining a valid tobacco/smoking product retailer’s permit pursuant to this section for each location at which that activity is to occur.
(3) The sale of tobacco/smoking products or tobacco/smoking paraphernalia from other t han a fixed location, including but not limited to tobacco/smoking product retailing by persons on foot or from vehicles, is prohibited and no permit shall be issued under this section to any such activity.
(4) Commencing on January 1, 2023, t he sale or di stribution of flavored tobacco products is prohibited, and no permit shall be issued under this section to any such activity.
(5) Nothing in this section shall be construed to grant any person obtaining and maintaining a tobacco/smoking product retailer’s permit any status or right other than the limited conditional privilege to act as a tobacco/smoking product retailer at the location in the City identified in the permit application and/or on the face of the permit. Nothing in this chapter is intended to be construed to render inapplicable, supersede, or affect any other provision of applicable law, including but not limited to any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. (6) No permit shall be issued to authorize a tobacco/smoking product retailer at a location that is permitted under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on sale” license issued by the Ca lifornia Department of Alcoholic Beverage Control) and no permit shall issue to authorize a tobacco/smoking product retailer at any location offering food for sale for consumption by guests on the premises.
(C) Applications. In addition to the information requirement by PMC 5.04.140, the application for a tobacco/smoking product retailer permit shall contain the following information:
(1) Proof that the location for which a tobacco/smoking product retailer permit is sought has been issued a valid state toba cco/smoking product retailer’s permit by the California Board of Equalization.
(2) A signed affirmation by each proprietor that the proprietor is informed of the laws affecting tobacco/smoking product retailer permits. No proprietor may rely on the issuance of a permit as a determination by the City that the proprietor has complied with all laws applicable to tobacco/smoking product retailing.
Ordinance No. 1592
(3) Whether or not any proprietor or any agent admitted violating or has been found to have violated this section and, if so, the dates and locations of all such violations within the previous five years.
(4) Each permit application must be accompanied by the required permit fee, established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both permit administration and permit enforcement, including, for example, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the costs of the regulatory program authorized by this section. Fees are nonrefundable except as may be required by law.
(5) Such other information as the Director deems necessary for the adminis tration or enforcement of this section as specified on the application form required by this section.
(6) A permitted tobacco/smoking product retailer shall inform the Director in writing of any change in the information submitted on an application for a tobacco/smoking product retailer’s permit within 10 business days of a change. (7) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the law’s exemptions. (8) A statement signed by each proprietor that no drug paraphernalia is or will be sold at the business seeking the permit.
(D) Issuance and Renewal of Permit.
(1) Except as otherwise provided herein, upon receipt of a complete application for a tobacco/smoking product retailer’s permit and the payment of the applicable permit fee, the Director shall issue a permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) One or more of the bases for denial listed in PMC 5.04.200 exists. (b) The application seeks authorization for tobacco/smoking product retailing that is prohibited pursuant to this section (e.g., mobile vending), that is unlawful pursuant to this code, including without limitation the zoning ordinance, building code, business license ordinance, or that is unlawful pursuant to any other law. (c) The application seeks authorization for tobacco/smoking product retailing for a proprietor to whom this section prohibits a permit to be issued.
Ordinance No. 1592
(d) Suspension or revocation proceedings have been initiated by any local, state or federal agency for violations of local, state or federal tobacco control laws within the preceding 60-day period.
(2) Notwithstanding any other provision of this section, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:
(a) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
(b) The new proprietor provides the City with clear and convincing evidence that the new proprietor has acquired the location in an arm’s length transaction. (3) Every permit issued under this chapter shall be posted in accordance with PMC 5.04.100.
(4) A tobacco/smoking product retailer’s permit is valid only for the location for which it has been issued and may not be transferred from one person to another or from one location to another.
(5) The duration of a tobacco/smoking product retailer permit shall be consistent with the provisions of PMC 5.04.230 and shall be renewed consistent with the provisions of PMC 5.04.250 except that any permit that is suspended, has bee n permanently revoked, or is subject to suspension or revocation proceedings shall not be renewed. (6) A tobacco/smoking product retailer permit which is not timely renewed pursuant to PMC 5.04.250 is an expired permit. The tobacco/smoking product retailer shall not engage in tobacco/smoking product retailing at the permitted location until a new permit has been issued for that location.
(7) A denial by the Director of a tobacco/smoking product retailer’s permit may be appealed pursuant to PMC 5.04.340. An appeal shall stay all proceedings in furtherance of the appealed action.
(8) A valid City business license is required before a tobacco/smoking product retailer’s permit may be issued.
(E) Positive Identification Required. No person engaged in toba cco/smoking product retailing shall sell or transfer a tobacco or smoking product or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco or smoking product or tobacco/smoking paraphernalia.
Ordinance No. 1592
(F) Minimum Age to Sell Tobacco Products. No tobacco/smoking product retailer shall permit any person who is yo unger than 18 years of age to engage or participate in the sale of tobacco or smoking products or tobacco/smoking paraphernalia. (G) Compliance Monitoring and Enforcement.
(1) Compliance with this section shall be monitored by any City official or employee authorized to enforce provisions of this chapter or this code. Compliance checks shall determine, at a minimum, if the tobacco/smoking product retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco/smoking product retailing. Nothing in this subsection shall create a right of action in any permit or other person against the City or its agents.
(2) Youth decoys may be utilized during enforcement of this chapter. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of such person’s age (herein “youth decoy”) if the potential violation occurs when the youth decoy is participating in a compliance check supervised by any City official or employee authorized to enforce provisions of this chapter or this code. (H) Permit Violations and Penalties.
(1) It shall be a violation of this section for a permittee, or his/her agents or employees, to violate any federal, state, or local law or regulation, including any provision of this chapter, applicable to tobacco or smoking products, tobacco/smoking paraphernalia or tobacco/smoking product retailing. (2) Tobacco/smoking product retailing by means of a self -service display is prohibited.
(3) It shall be a violation of this section for a permittee or any permittee’s agents or employees to violate any local, state or federal law regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7.
(4) It shall be a violation of this section for any tobacco retailer or any of permittee’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product. There shall be a rebuttable presumption that a tobacco/smoking retailer in possession of four or more flavored tobacco products, including but not limited to individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.
Ordinance No. 1592
(5) Causing, permitting, aiding, abetting, or c oncealing a violation of any provision of this section shall constitute a violation.
(6) Failure to prominently display the tobacco/smoking product retailer permit in a publicly visible location at the permitted premises shall constitute a violation. (7) The failure of the permittee to allow any law enforcement service, the Director, or any authorized City official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulation, including any provision of this chapter, at any time the business is open for business shall constitute a violation. (8) Any continuing violation shall constitute a separate offense for each day of the violation.
(9) Violations of this chapter are hereby declared to be public nuisances. (10) Violations of this chapter are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
(11) In addition to other remedies provided by this chapter or by other law, any violation of this section may be remedied by a civil action brought by the City Attorney in the name of the City, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief.
(I) Revocation of Permit.
(1) In addition to any other penalty authorized by law, a tobacco/smoking product retailer’s permit may be revoked by the City Council in accordance with PMC 5.04.280 through 5.04.300.
(2) Upon a finding by the City Council of a first violation of any provision of this chapter within any five-year period the City shall:
(a) Issue a written warning to the permittee.
(b) Advise the permittee of the penalties for further violations of this section. (c) Require the permittee to provide documentation to the City that all employees engaged in the retail sales of tobacco or smoking products and/or tobacco/smoking parapherna lia have received training in a City -approved program within 60 days after the warning, or such other time as shall be set by the Director of Planning.
Ordinance No. 1592
(d) Revoke said tobacco/smoking product retailer’s permit for 90 days. (3) Upon a finding by the City of a second permit violation of any provision of this chapter, within any five -year period, the tobacco/smoking product retailer’s permit may be revoked for up to one year.
(4) Upon finding by the City of a third permit violation of any provision of this section, within any five -year period, the tobacco/smoking product retailer’s permit may be permanently revoked.
(5) A tobacco/smoking product retailer’s permit may be revoked by the City Council if one of the following conditions exist:
(a) One or more of the grounds for denial listed in PMC 5.04.200 existed before the permit was issued; or
(b) A permittee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco law or regulation, including any provision of this section, or in a different legal proceeding has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in this section. (6) A tobacco/smoking product retailer whose permit has been revoked may not apply for a new tobacco/smoking product retailer’s permit until 30 days prior to the expiration of the revocation period.
(7) During any period of permit revocation, the tobacco/smoking product retailer must remove from public view all tobacco or smoking products, tobacco/smoking paraphernalia and tobacco-related advertising. Failure to do so may be considered a subsequent violation.
(8) A decision of the City Council to revoke a permit is final. (J) Tobacco Retailing without a Permit.
(1) In addition to any other penalty authorized by la w, if the Director finds that any person has engaged in tobacco/smoking product retailing at any location without a valid tobacco/smoking product retailer’s permit, either directly or through the person’s agent or employees, the person shall be ineligible to apply for or be issued a tobacco/smoking product retailer’s permit for that location as follows:
(a) After the first violation of this section at a location within any 18 -month period, no new permit may issue for the person at the location until 120 day s have passed from the date of the violation.
Ordinance No. 1592
(b) After the second violation of this section at a location within any 18 -month period, no new permit may issue for the person at the location until six months have passed from the date of the violation.
(c) After the third violation of this section at a location within any 18 -month period, no new permit may issue for the person at the location until one year has passed from the date of the violation.
(2) The display of any advertisement relating to tobacco or smoking products or tobacco/smoking paraphernalia that promotes the sale or distribution of such products from the tobacco/smoking products retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location without first obtaining and maintaining a valid tobacco/smoking products retailer’s permit pursuant to this section for each location at which the advertisement is displayed is prohibited.
(3) Tobacco or smoking products and tobacco/smoking paraphe rnalia offered for sale or exchange in violation of this section are subject to seizure by any City official or employee authorized to enforce provisions of this chapter or this code and shall be forfeited after the permittee and any other owner of the tob acco or smoking products or tobacco/smoking paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco or smoking products or tobacco/smoking paraphernalia were not offered for sale or exchange in violation of this section. The decision by law enforcement services may be appealed pursuant to the procedures set forth in PMC 5.04.340. Forfeited tobacco or smoking products and tobacco/smoking paraphernalia shall be destroyed after the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(4) For the purposes of the civil remedies provided in this section, whichever of the following is greater shall constitute a separate violation of this section:
(a) Each day on which a tobacco or smoking product or tobacco/smoking paraphernalia is offered for sale in violation of this section; or (b) Each individual retail tobacco or smoking product and each individual retail item of tobacco/smoking paraphernalia that is distributed, sold, or offered for sale in violation of this section.
SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3)).
Ordinance No. 1592
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall n ot affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law.
This ordinance shall become effective on September 2, 2022. The changes to the municipal code caused by this ordinance shall take effect on January 2, 2023, unless the referendum against SB 793 should fail, in which case this ordinance shall not have any effect, and the municipal code shall remain unchanged.
PASSED, APPROVED and ADOPTED this 3rd day of August, 2022.
________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Scott E. Porter Shanae S. Smith, City Clerk
Acting City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 3rd day of August, 2022 effective on the 2nd day of September, 2022 by the following roll call vote:
AYES:
NOES:___________________________________________________________
ABSTAIN:______________________ABSENT:___________________________
Date:
Shanae S. Smith, City Clerk
City Council Staff Report
DATE: August 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE
DISTRICT: ALL
SUBJECT: INTRODUCTION ON ORDINANCE NO. 1593, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALMDALE ADDING
CHAPTER 9 (UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES AND
TRAFFIC) OF THE PALMDALE MUNICIPAL CODE ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS IN THE CITY
ISSUE
Hold a Public Hearing and adopt Ordinance No. 1593, an Ordinance of the City Council of the City of Palmdale adding Chapter 9 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 10 (Vehicles and Traffic) of the Palmdale Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters in the City.
RECOMMENDATION
Staff recommends that the City Council:
1. Continue the Public Hearing and adoption of Ordinance No. 1593 to August 17, 2022.
BACKGROUND
Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum, palladium, and rhodium, rare metals that command ever-increasing prices on the recyclables market.
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to 1). The ease and undetectable nature of committing such thefts, potentially in a m atter of seconds and using common tools such as a reciprocating saw; 2). The ability to recycle catalytic converters at scrap mental yards for high dollar amounts ranging from $200 to $1,200 Report to Mayor and City Council
Re: Adopt Ordinance No. 1593, an Ordinance of the City Council of the City of Palmdale adding Chapter 9 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 10 (Vehicles and Traffic) of the Palmdale Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters in the City August 3, 2022
per catalytic converter; and 3). Loopholes in legislation protect ing criminals from prosecution unless a victim can be identified.
A report by t he National Insurance Crime Bureau stated that the increase in catalytic converter thefts has been dramatic. In 2018, there were 1,298 catalytic converter thefts for which a claim was filed. In 2019, it was 3,389 thefts with a claim. In 2020, catalytic converter thefts jumped to an astou nding 14,433, a 325% increase in a single year.
Though this reporting does not account for all catalytic converter thefts, it does examine the trend of catalytic converter thefts.
DISCUSSION
The City of Palmdale is no exception to this national trend with residents and the City being victimized by this practice. To date, the Los Angeles County Sheriff Department Palmdale Station reported 184 catalytic converter theft. There is currently no City, State, or Federal legislation applicable within the City of Palmdale to define and punish catalytic converter thefts absent an identifiable victim. Additionally, there is currently no City, State, or Federal legislation applicable within the City of Palmdale requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters. This limits law enforcement’s ability to protect the public by preventing catalytic converter thefts and seizing suspected stolen catalytic converters when there is no identifiable victim present.
Preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which catalytic converters thefts are committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.
Individuals in possession of stolen catalytic converters can recycle them for a substantial profit at a relatively low risk, while victims are forced to pay for costly repairs. By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, the attached ordinance would com bat this criminal activity by (1) Achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) Establishing sanctions for possessing stolen catalytic converters; (3) Preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) Providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) Minimizing the fiscal and personnel impact on the City of Palmdale and the Los Angeles County Sheriff’s Department by reducing time invested in deterring and investigating catalytic converter thefts.
FISCAL IMPACT
There is no fiscal impact associated with introducing Ordinance No. 1593
Report to Mayor and City Council
Re: Adopt Ordinance No. 1593, an Ordinance of the City Council of the City of Palmdale adding Chapter 9 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 10 (Vehicles and Traffic) of the Palmdale Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters in the City August 3, 2022
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
Objective A: Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
Prepared by: Terrie Zayas, City Council Chief of Staff
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney
City Council Staff Report
DATE: August 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGERS OFFICE
DISTRICT: ALL
SUBJECT: APPROVE THE AMENDED EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF PALMDALE AND JONES & MAYER FOR INTERIM
CITY ATTORNEY SERVICES
ISSUE
Approve the Amended Employment Agreement between the City of Palmdale and Jones & Mayer for Interim City Attorney Services.
RECOMMENDATION
Staff recommends that the City Council approve the Amended Employment Agreement between the City of Palmdale and Jones & Mayer for Interim City Attorney Services.
BACKGROUND
Following the May 26, 2022, resignation of the City Attorney, the City Council h eld a special closed session and interviewed several candidates for the position of Interim City Attorney. Staff was directed to enter into negotiations for Interim City Attorney services with Mr. Porter/Jones & Mayer subject to mutual agreement at the present Council Meeting.
DISCUSSION
At the July 20, 2022, special closed session meeting City Council directed the Interim City Manager to enter into negotiations with Scott Porter/Jones & Mayer for Interim City Attorney Services.
FISCAL IMPACT
$255/hr; The fiscal impact for a term ending January 31, 2023, is not to exceed $500,000, to be budgeted in account 10114001-701000 through 705000.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
Report to Mayor and City Council
Re: Approve the Amended Employment Agreement Between the City of Palmdale and Jones & Mayer for Interim City Attorney Services
August 3, 2022
Objective: C. Invest in staff and other human resource strategies to attract and retain a highly qualified, diverse, and creative workforce.
Prepared by: Ronda Perez, Interim City Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney
ATTACHMENTS
1. Amended Agreement A-7578
2. Original Agreement A-7578
FIRST AMENDMENT TO AGREEMENT A-7578
BETWEEN THE CITY OF PALMDALE AND JONES AND MAYER
This First Amendment to Agreement No. A-7578 (“Amended Agreement”) between the City of Palmdale and JONES AND MAYER is made and entered into this 3RD day of AUGUST, 2022 by and between the City of Palmdale (hereinafter called “CITY”) and JONES AND MAYER (hereinafter called "FIRM").
WHEREAS, the CITY and FIRM entered into Agreement No. A-7578 (the "Agreement") to provide legal services related to litigation and general municipal legal advisory services.
WHEREAS, FIRM represents that FIRM has the expertise and is qualified to perform the services described in the Agreement, and if required, is duly registered under the laws of the State of California.
WHEREAS, FIRM desires to accept such engagement.
NOW THEREFORE, the parties agree as follows:
Subsection 1.a. of the Agreement, entitled, "Scope of Services" shall be revised to provide as follows:
"1.a. The Firm will provide those legal services as may be authorized and assigned by the City Council, or if the Firm is not serving in that capacity, the City Attorney, including, without limitation, legal services as City Attorney (whether in an acting, interim, or permanent capacity), and the areas of litigation, and general advisory services related to municipal law (e.g., land use, public finance, conflicts). The Firm will provide those legal services reasonably required to accomplish City's stated goals."
If the Firm is serving in the role of City Attorney (whether in an acting, interim, or permanent capacity) then the references in the Agreement in paragraphs 3, 4.a, 4.c, 8, 10, and Exhibit A, to the "Palmdale City Attorney" shall mean the "Palmdale City Manager."
The following shall be added to the end of Section 2 of the Agreement:
"Scott Porter shall serve as Interim City Attorney through January 31, 2022 and thereafter until someone (whether Scott Porter, or another person) is named as City Attorney, or a different person is named to serve as Acting or Interim City Attorney.
Subsection 4.e shall be revised to provide:
"e. All fees, charges, costs and reimbursable items for the entire term of this Agreement shall not exceed a maximum of $500,000."
Section 6, entitled, "Term of the Agreement", shall be revised to provide:
"This Agreement will take effect on July 15, 2021 and will remain in effect for a period 1-2Concord - Document ID: generated after first signature of three (3) years or until terminated in accordance with the provisions of Section 7." Section 9, "Independent Contract" shall be revised to add the following sentence at the end of section 9:
"Notwithstanding the foregoing, if an attorney from the Firm is serving in the role of City Attorney (whether in an acting, interim, or permanent capacity), that attorney may exercise the legal authority granted to the City Attorney." Section 10, "Assignment and Delegation" is revised such that the following is added to the third sentence, after the word Firm: "for work assigned to the Firm". Also, the word "and" in the last sentence is replaced with the word "or".
Subsection B of Exhibit A is revised to provide: "Hourly Rate: $255.00."
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
JONES AND MAYER:
Ronda Perez Date
Interim City Manager
Richard D. Jones Date
Owner
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway, Suite A
Palmdale, CA 93550
ADDRESS FOR NOTICE:
JONES AND MAYER
3777 N. Harbor Blvd.
Fullerton, CA 92835
ATTEST:
Shanae S. Smith
City Clerk
ATTEST: If Corporation
Secretary
2-2Concord - Document ID: generated after first signature
City Council Staff Report
DATE: AUGUST 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2022-089, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDAL E DIRECTING CITY
STAFF AND THE SHERIFF TO NOT ENFORCE AGAINST THE
PUBLIC COVID-RELATED MASK ORDERS OF THE LOS ANGELES
COUNTY DEPARTMENT OF HEALTH
ISSUE
Adopt Resolution No. CC 2022 -089, a Resolution of the City Council of the City of Palmdale Directing City Staff and the Sheriff to not Enforce Ag ainst the Public COVID- Related Mask Orders of the Los Angeles County Department of Health.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2022-089.
BACKGROUND
On July 21, 2022, the Los Angeles County Department of Public Health ( Health Department) announced that for the second week in a row the number of COVID cases and the number of COVID related hospitalizations have pushed the county into the “high” level. Had the hospitalization not decreased by Thursday July 28, 2022, a new mask order would have gone into effect on Friday July 29, 2022.
DISCUSSION
The Los Angeles County Health Department is the public health agency for the City of Palmdale. The Health Department can enforce health orders, generally through warnings and citations that are issued through visits to businesses. The Health Department recently reported that less than 1 percent of the businesses in the county have received citations.
The Center for Disease Control (CDC) has established the concept of “community level” which uses various criteria to help counties determine the prevention steps to be taken based on the COVID-19 levels in an area. The three different community levels are low, medium and high.
Report to Mayor and City Council
Re: Resolution No. CC 2022-089 (Enforcement of Mask Mandates) August 3, 2022
On July 21, 2022, the Health Department announced that for the second week in a row the number of COVID cases and the number of COVID related hospitalizations have pushed the county into the “high” level. The number of cases is generally a leading indic ator of subsequent increases in the hospitalization rate. The Health Department had indicated that unless the hospitalization rate decreased below 10 per 100,000 by Thursday July 28, 2022, the Health Department would have caused a new mask order to go into effect on Friday July 29, 2022.
Based on telebriefings, other communications , and past health orders from the Health Department, it was expected that the mask mandate would have applied indoors to anyone age two or older at facilities such as shared office space, manufacturing and retail settings, event spaces, restaurants and bars, gyms and yoga studios, educational settings and children’s programs. Under the health order, businesses would likely have been required to offer employees masks and notify them of mask -wearing requirements. Additionally, businesses would be obligated to place signage informing customers of indoor masking.
Such masking order would likely have been in effect until the County experienced at least two weeks at the “medium” community level.
It is expected that if, in the future, the number of COVID cases in Los Angeles County rose, that the Health Department may opt to issue County-wide health orders to require masks to prevent the spread of COVID-19.
This resolution is intended to allow the public to choose for themselves whether to wear a mask in public. This resolution would result in a commitment to not use city resources to enforce against the public any future COVID-related indoor mask mandate of the Los Angeles County Health Department.
FISCAL IMPACT
Possible cost savings by allowing staff and the sheriff to do other work.
Report to Mayor and City Council
Re: Resolution No. CC 2022-089 (Enforcement of Mask Mandates) August 3, 2022
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
A. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.
Prepared by: Ronda Perez, Interim City Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney
ATTACHMENTS
1. Resolution CC 2022-089
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
DIRECTING CITY STAFF AND THE SHERIFF TO NOT ENFORCE
AGAINST THE PUBLIC COVID-19 RELATED MASK ORDERS OF THE
LOS ANGELES COUNTY DEPARTMENT OF HEALTH
WHEREAS, the Los Angeles County Department of Public Health (“Health Department”), from time -to-time issues orders to the general public, requiring that the public wear masks in specified locations to deter the spread of COVID-19; and WHEREAS, as recently as last week, the Health Department had nearly issued an order to require indoor use of masks in specified circumstances; WHEREAS, the Health Department has its own employees to enforce Health Department orders; and
WHEREAS, if Palmdale were to enforce Health Department mask mandates, that would require the diversion of public resources away from other matters; and WHEREAS, the current Los Angeles District Attorney has directed that the District Attorney’s Department file misdemeanor charges in only very limited circumstances; WHEREAS, if the Los Angeles County S heriff, who provides law enforcement services in Palmdale, were to arrest a ny individuals for violations of the County Health Officer’s orders, it is unlikely that the District Attorney would prosecute any such case s, and the actions of the Sheriff would have been wasted;
WHEREAS, on April 1, 2022, the City Council adopted Ordinance 1577, which, among other things stated, “Business in Palmdale are prohibited from requiring patrons or customers to provide any documentation certifying COVID -19 vaccination or post - transmission recovery to gain access to, entry upon, or service from the business.” WHEREAS, it is necessary to protect the fundamental rights of people and allow the free flow of commerce within the City;
WHEREAS, the City of Palmdale Charter states its purpose is to “restore to our community the historic principles of self -governance inherent i n the doctrine of home - rule.”
THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Non-Enforcement. The City Council hereby declares that the Sheriff and city staff should not take action to enforce against the public any COVID-related mask order of the Health Department.
Resolution No. CC 2022-089
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this resolution 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 or effectiveness of the remaining porti ons of this resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisi ons, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this resolution and the benefits to the City and the public are not substantially impaired.
PASSED, APPROVED and ADOPTED this 3rd day of August, 2022.
_________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Scott E. Porter Shanae S. Smith, City Clerk
Acting City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 3rd day of August, 2022 by the following roll call vote:
AYES:
NOES:___________________________________________________________
ABSTAIN:______________________ABSENT:___________________________
Date:
Shanae S. Smith, City Clerk
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Laura Bettencourt, Councilmember
SUBJECT: Monthly Informational Report – Events and Meetings DATE: August 3, 2022
During the period July 1, through July 31, 2022, I attended the following meetings and events:
July 13: Regular Council Meeting
July 20: Council Workshop