SECTION 2. Certification. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED and ADOPTED this 11th day of January, 2023. ________________________
Laura Bettencourt, Mayor
APPROVED AS TO FORM ATTEST:
_______________________ ________________________
Scott E. Porter Rochelle Scott
Interim City Attorney Acting City Clerk
I, Rochelle Scott, Acting 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 11 th day of January, 2023 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
CC Minutes 11/16/2022 5PM & 7PM
1 MINUTES
CITY COUNCIL
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
NOVEMBER 16, 2022
www.cityofpalmdale.org
5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Hofbauer called the meeting to order at 5:00 p.m.
2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS
CARRILLO, BISHOP, BETTENCOURT
PRESENT: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
ABSENT: Juan Carrillo.
Motion: Excuse the absence of Councilmember Carrillo.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter confirmed all items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of case: John J. Murphy v. City of Palmdale
Los Angeles County Superior Court Case Number: 22STCV22544 Related City Claim Number: 2022-007
4.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
CC Minutes 11/16/2022 5PM & 7PM
2 4.3) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.4) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code 54956.9(d)(2):
1 potential case
4.5) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
CV Communities, LLC et al. v. Antelope Valley East Kern Water Agency et al.
Los Angeles County Superior Court Case Nos. BC661107and 20STCV10953? This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.6) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Marian K. Allen v. City of Palmdale
Los Angeles County Superior Court Case No. 21AVCV00824
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.7) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Angela Lisa Thompson v. City of Palmdale
Los Angeles County Superior Court Case No. 22AVCV00437
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Attorney Porter reported the City Council authorized the initiation of litigation in existing actions to authorize cross complaints, and the particulars will be disclosed to any person upon inquiry once the actions have been initiated
6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the meeting at 7:49 p.m.
7:00 P.M.
Mayor Hofbauer called the meeting to order at 7:50 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
8) PRESENTATION
8.1) Mayor Hofbauer presented the MISAC Award of Achievement to the City of Palmdale Information Technology Division for their practices that have met or surpassed local government standards.
CC Minutes 11/16/2022 5PM & 7PM
3 9) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.
Moved by Richard J Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
10) PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC
HEARINGS)
Jason Zink commented in opposition to the sale of the property on Avenue M and 10th Street West (Item 11.2).
11) CONSENT CALENDAR
11.1) Approve First Amendment to Agreement between the City of Palmdale and Advantage Mailing, LLC for printing, bundling and delivery of the Palmdale News, Activities & Entertainment Magazine. (Staff Reference: Communication and Public Information Officer Lynch)
11.2) Approve Agreement with Hafrisco LLC and Tripod LLC, for a loan of $2,750,000 for acquisition of property located at the southeast corner of Avenue M and 10th Street West (APN 3128 -015-900 and 3128 -015-902). (Staff Reference: Director of Economic and Community Development Garibay)
Mayor Hofbauer pulled this item for discu ssion to provide clarification to Mr.
Zink. Director of Economic and Community Development Garibay provided clarification on the loan agreement. Discussion ensued between Council, staff and Murray Kane regarding the settlement agreement between the Success or Agency and the developer, extension of the escrow period, delay of issuance of State permits, contractual responsibility, and the Surplus Lands Act.
Motion: Approve Agreement with Hafrisco LLC and Tripod LLC, for a loan of $2,750,000 for acquisition of property located at the southeast corner of Avenue M and 10th Street West (APN 3128-015-900 and 3128-015-902).
Moved by Steven Hofbauer, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
11.3) Approve First Amendment to Legal Services Agreement with Burke Williams & Sorensen, LLP to amend the scope of services and to increase the total amount of the Agreement by $600,000, to increase the the not to exceed amount to $850,000 (Staff Reference: Interim City Attorney Porter)
11.4) Approve First Amendment to Legal Services Agreement with Bradley, Gmelich & Wellerstein, LLP to increase the total amount of the Agreement by $500,000, to increase the the not to exceed amount to $750,000. (Staff Reference: Interim City Attorney Porter)
CC Minutes 11/16/2022 5PM & 7PM
4 11.5) Approve Second Amendment to Legal Services Agreement with Kane, Ballmer & Berkman, LLC to increase the total amount of the Agreement by $200,000, to increase the the not to exceed amount to $650,000. (Staff Reference: Interim City Attorney Porter)
11.6) Adopt Resolution No. CC 2022 -120, a Resolution of the City Council of the City of Palmdale Making Legally Required Findings for Extending Remote Teleconference Participation for Meetings of the City Council and its Relatedand/or Subordinate Legislative Bodies. (Staff Reference: Interim City Attorney Porter)
11.7) Approve Purchase Order No. 20230047 with All -State Utility Supply, Inc. for the purchase of replacement streetlight poles and other related items in the amount of $144,468.84. (Staff Reference: Director of Public Works Glidden)
11.8) Approve additional funds of $69,000.00 on Purchase Order No. 20230013 with Vulcan Materials Company for as needed asphalt materials in an amount not to exceed $169,000.00. (Staff Reference: Director of Public Works Glidden)
Motion: Approve all items listed on the Consent Calendar with the exception of Item 11.2.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
12) WORKSHOP PRESENTATION
12.1) Presentation to Council regarding Certificate in Applied Psychology Program (CAPP). (Staff Reference: Assistant to the City Manager Lopez)
Assistant to the City Manager Lopez provided a detailed presentation with updates on the Certificate in Applied Psychology Program (CAPP). Mr. Louis Alloro, facilitator of the first cohort of the CAPP program, shared results from the Antelope Valley survey completed in the first part of the program. Mayor Pro Tem Loa asked about the participants that were polled and the responses received. Mr. Alloro stated the polling was done through social media, print ads, radio, Facebook live, and one -thousand people responded. Mayor Hofbauer asked about measuring the success of the program, and Assistant to the City Manager Lopez stated there were impact projects that demonstrated the success of the program.
Laura Colfresh, Autumn Hicks, Dr. Anthony Roeback, Diana Gadd shared shared their experiences and the benefits from attending the CAPP program.
13) PUBLIC COMMENTS ON NON-AGENDA ITEMS
Councilmember Carrillo arrived at 8:57 p.m. and participated in the remainder of the meeting.
The following individuals provided public comments:
Juan Vasquez commented in support of roof top solar in Palmdale and encouraged Council to make it more accessible by automating the process for solar permits.
CC Minutes 11/16/2022 5PM & 7PM
5 Ricky Pacheco and Kenia Lopez spoke regarding endorsements.
Jason Zink congratulated Councilmember Carrillo on winning the 39th District Assembly seat, commented on the conditions of Pelona Vista Park, and recommended a mental health study on City of Palmdale commuters.
Marcos Alvarez suggested p ublicizing the cost of the Certified Applied Psychology Program and the criteria to qualify, congratulated Councilmember Bettencourt on her re-election, and suggested artwork or a mural for a new housing project on the eastside.
Rosie Mainel la congratulated Councilmember Carrillo and Councilmember Bettencourt on being elected to their perspective offices and thanked staff for the loan of the Cultural Center for a mental health event.
Jasmine Alvarez expressed concerns regarding racial inequi ty, funding projects on the eastside, and mental health programs.
Mr. Flauge spoke in support of the solar initiative and suggested the solar APP.
Kathryn Mac-Laren commented in support of the CAPP program and congratulated Councilmember Carrillo on being elected to Assembly and Councilmember Bettencourt on being re-elected to Council.
13.1) CITY MANAGER’S
REPORT None.
14) ADJOURNMENT
Mayor Hofbauer adjourn ed the meeting at 9:24 p.m. in honor of a traffic accident victim on Rancho Vista Boulevard, Jacob Taylor homicide victim at Marie Kerr Park, and the deputies injured in a traffic accident at the Los Angeles County Sheriff's Academy.
PASSED, APPROVED and ADOPTED this 11th day of January 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
CC Minutes 12/1/2022 3PM
1 MINUTES
CITY COUNCIL SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
DECEMBER 1, 2022
www.cityofpalmdale.org
3:00 P.M.
1) CALL TO ORDER
Mayor Hofbauer called the meeting to order at 3:03 p.m.
2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS
CARRILLO, BISHOP, BETTENCOURT
PRESENT: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.
ABSENT: Austin Bishop.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter confirmed all items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Government Code Section 54956.9(d)(1)
John J. Murphy v. City of Palmdale
Los Angeles County Superior Court
Case Number: 22STCV22544
Related City Claim Number: 2022-007
4.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Attorney Porter announced both items were discussed and there was no reportable action.
CC Minutes 12/1/2022 3PM
2 6) ADJOURNMENT
Mayor Hofbauer adjourned the meeting at 4:30 p.m.
PASSED, APPROVED, and ADOPTED this 11th day of January 2022.
__________________________
Laura Bettencourt, Mayor
ATTEST:
__________________________
Rochelle Scott, Acting City Clerk
CC_HA_SA Minutes 12/7/2022 5PM & 7PM
1 MINUTES
CITY COUNCIL/HA/SA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
DECEMBER 7, 2022
www.cityofpalmdale.org
5:00 P.M.
1) CALL TO ORDER
Mayor Hofbauer called the meeting to order at 5:00 p.m.
2) ROLL CALL
MAYOR HOFBAUER, MAYOR PRO TEM LOA,
COUNCILMEMBERS BISHOP, BETTENCOURT
PRESENT: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
ABSENT: None.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter confirmed all items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL—EXISTING
LITIGATION Government Code Section 54956.9(d)(1)
Name of case: John J. Murphy v. City of Palmdale
Los Angeles County Superior Court Case Number: 22STCV22544 Related City Claim Number: 2022-007
4.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.3) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Attorney Porter announced there was no reportable action.
CC_HA_SA Minutes 12/7/2022 5PM & 7PM
2 6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the meeting at 7:00 p.m.
7:00 P.M.
Mayor Hofbauer called the meeting to order at 7:01 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
Commissioner Denny led the pledge of allegiance.
8) ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR LOA,
COUNCILMEMBERS/DIRECTORS/COMMISSIONERS CARRILLO, BISHOP,
BETTENCOURT COMMISSIONERS FRAGA-SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
ABSENT: None.
9) PRESENTATIONS
9.1) Mayor Hofbauer presented the cute critter available for adoption at the Palmdale Animal Care Center.
10) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
11) PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC
HEARINGS)
None.
12) HOUSING AUTHORITY CONSENT CALENDAR
12 . 1) Approve and accept the Housing Authority of the City of Palmdale’s 2021- 2022 Annual Report prepared pursuant to California Health & Safety Code §34176.1 and direct staff to post the report on the City’s website. (Staff Reference Interim Assistant City Man ager Miller - Prepared by Housing Manager Reyes)
CC_HA_SA Minutes 12/7/2022 5PM & 7PM
3 12 . 2) Approve the minutes from the previous meetings. (Staff Reference: Acting City Clerk Scott)
HA - August 3, 2022
HA - September 7, 2022
Motion: Approve all items listed on the Housing Authority Consent Calendar.
Moved by Richard J Loa, Christina Fraga-Saenz.
Vote: Motion carried (6-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
13) ADJOURN HOUSING AUTHORITY MEETING
Mayor Hofbauer adjourned the Housing Authority meeting at 7:12 p.m.
14) CONSENT CALENDAR
14.1) Receive and file the Monthly Investment Reports for October 2022. (Staff Reference: Director of Finance Samson)
14.2) Receive and file the Special Tax Annual Report for CFD 2003 -1 (Anaverde), CFD 05 -1 (Trade and Commerce), and CFD 16 -1 (Joshua Ranch Water Supply and Maintenance Services) in accordance with Senate Bill 165, section 53411 of the California Government Code. (Staff Reference: Director of Finance Samson)
14.3) Adopt Resolution No. CC 2022 -121, a Resolution of the City Council of the City of Palmdale Making Legally Required Findings for Extending Remote Teleconference Participation for Meetings of the City Council and its Related and/or Subordinate Legislative Bodies. (Staff Reference: Interim City Attorney Porter)
14.4) Approve Supplemental Agreement No. 1 with Manhole Adjusting, Inc., for PN 866, Sewer Manhole Adjustments and Rehabilitation Project, in the amount of $53,550 and determine this action is categorically exempt under the California Environmental Quality Act (CEQA). (Staff Reference: Director of Public Works Glidden)
14.5) Approve the minutes from the previous meetings. (Staff Reference: Acting City Clerk Scott)
CC - October 19, 2022
CC - October 24, 2022
CC/SA - November 2, 2022
Motion: Approve all items listed on the Consent Calendar. Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
CC_HA_SA Minutes 12/7/2022 5PM & 7PM
4 15) PUBLIC HEARINGS
15.1) Adopt Resolution No. CC -2022-117, a Resolution of the City Council of the City of Palmdale approving Gun Dealer Permit 22 -12 for United Tactical LLC located at 190 Sierra Court, Suite B216 for adoption. (Staff Reference:
Economic and Community Development Director Garibay - Presented by Business License Coordinator Andrews)
Business License Coordinator Andrews read the title of Resolution No. CC 2022-117 and provided a detailed overview on the item.
Jared Stall, applicant, provided Council with his background and work history.
Mayor Hofbauer called for Public Comments.
Public Comments: None.
A motion was made and carried unanimously to close the Public Comments.
Motion: Adopt Resolution No. CC-2022-117.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
15.2) Introduce and Adopt Urgency Ordinance No. U -1602, an Urgency Ordinance of the City Council of the City of Palmdale amending in its entirety Sections
3.14.010 and 3.14.020 of the Palmdale Municipal Code regarding the signature authority for signing of checks and warrants. (Staff reference:
Director of Finance Samson)
Deputy Director of Finance Lauzon provided a brief overview of the staff report and read the title of Ordinance No. U-1602.
Mayor Hofbauer called for Public Comments.
A motion was made and carried unanimously to closed the Public Comments.
Councilmember Bettencourt asked if the change was permanent and Interim City Manager Perez stated th e warrants are kept online, two signatures are required for checks, and the ordinance can be brought back at a future date for modification.
Motion: Introduce and Adopt Urgency Ordinance No. U-1602.
Moved by Richard J Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
CC_HA_SA Minutes 12/7/2022 5PM & 7PM
5 16) PUBLIC COMMENTS ON NON-AGENDA ITEMS
Marsha Furman commented on the agenda language for public hearings, Christmas lights at the parks, and speaker forms.
17) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
17.1) COMMITTEE MEMBERSHIPS.
• ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT -
Councilmember Bishop reported that the AVAQMD provided a $144,000 grant to Hemmy Hey and Feed for purchase of newer equipment to provide less pollution and cleaner air to the environment • ANTELOPE VALLEY TRANSIT AUTHORITY - Mayor Pro Tem Loa attended the AVTA meeting and reported Mayor Hofbauer was presented with a plaque
• LOS ANGELES COUNTY SANITATION DISTRICT - Mayor Pro Tem Loa stated he attended the Los Angeles County Sanitation District meeting
Councilmember Bishop reported the following:
• Attended the Visit Palmdale meeting
• Stated PRWA and Audit Committee meetings were dark due to the holidays
• Stated B21 Raider was revealed last Friday and can be viewed on the Edwards Air Force Base YouTube page
• The Anaverde community had a snow day event;
• Announced Council is working hard to get the film industry in Palmdale • Praised Parks and Recreation staff for the holiday decorations • Announced the Christmas Parade would be held on Saturday, December 10th starting at 10am.
Mayor Pro Tem Loa reported the following:
• Attended a meeting with the City Manager
• Attended the Spanish talk radio
• Met with Department of Mental Health and various stakeholders to deliver services to people who are being affected by mental health issues. The City is considering the West Hollywood model for the Medical Emergency Teams (MET) and was presented with the San Gabriel program
• Attended the unveiling of the Revolution sculpture at the Auto Mall.
Mayor Hofbauer reported the following:
• Attended the B21 roll out event
• Air Force Plant 42 Air Traffic Control Tower dedication • He spoke to the staff from Wright Patterson Air Force Base regarding opening the airport for commercial air service
• Attended holiday dinner at Plant 42
• Attended several ribbon cuttings
17.2) MEETINGS ATTENDED AT PUBLIC EXPENSE
CC_HA_SA Minutes 12/7/2022 5PM & 7PM
6 18) CITY COUNCIL REQUESTS FOR NEW AGENDA ITEMS
None.
19) CITY MANAGER’S REPORT
Interim City Manager Perez reported the following:
• The swearing in of the elected Councilmembers would be on December 21, 2022 starting at 5:00 p.m.
• Holiday lights are at three locations: Joe Davies Air Park, Rancho Vista Park and Poncitlan Square.
• Jolly Holiday would be held on December 17, 2022 at Poncitlan Square from 4:00p.m. - 7:00 p.m.
• Several events would be held at the Palmdale Playhouse • The City Kicked off "Say It, Don't Spray It!" campaign. • Attended a meeting with Haulers Against Illegal Dumping (HAID) to discuss collaboration of efforts to clean up illegal dumping.
• Thanked Mayor Hofbauer for all he has done for the City.
20) Adjournment
Mayor Hofbauer adjourned the meeting at 7:46 p.m., in memory of Lou Moore, Ramon Dominguez, Lydia Alcantar, to December 21, 2022 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra HIghway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 11th day of January 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
CC Minutes 12/13/2022 6PM
1 MINUTES
CITY COUNCIL
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
DECEMBER 13, 2022
www.cityofpalmdale.org
6:00 P.M.
1) CALL MEETING TO ORDER
Mayor Pro Tem Loa called the meeting to order at 6:03 p.m.
2) ROLL CALL MAYOR PRO TEM LOA, COUNCILMEMBERS BISHOP,
BETTENCOURT
PRESENT: Richard J Loa, Austin Bishop, Laura Bettencourt.
ABSENT: None.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter confirmed all items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL—EXISTING
LITIGATION Government Code Section 54956.9(d)(1)
Name of case: John J. Murphy v. City of Palmdale
Los Angeles County Superior Court Case Number: 22STCV22544 Related City Claim Number: 2022-007
4.2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael “Mike” Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Manager Perez stated all three members of the Council were present in the Closed Session and there was no reportable action.
CC Minutes 12/13/2022 6PM
2 6) ADJOURN
Mayor Pro Tem Loa adjourned the meeting at 7:09 p.m.
PASSED, APPROVED, and ADOPTED this 11th day of January 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: JANUARY 11, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
CITY CLERK DIVISION
DISTRICT: ALL
SUBJECT: APPROVE REAPPOINTMENT OF PUBLIC MEMBER TO THE
PALMDALE RECYCLED WATER AUTHORITY
ISSUE
Approve the reappointment of the public member to the Palmdale Recycled Water Authority.
RECOMMENDATION
Staff recommends that the City Council approve the reappointment of the following individual as Director and Fifth Public Member to the Palmdale Recycled Water Authority, for a term to expire January 2024.
1. Zakeya Anson
BACKGROUND
The Palmdale Recycled Water Authority ( “PRWA”) was formed by a Joint Exercise of Powers (“Agreement”) between the City of Palmdale and the Palmdale Water District (“PWD”). The purpose of the PRWA is to study, promote, develop, distribute, construct, install, finance, use and manage recycled water resources.
DISCUSSION
In January, 2022, Ms. Zakeya Anson was reappointed as the Fifth Public Member of the PRWA. Ms. Anson has expressed a desire to continue to serve as Director and was approved for reappointment by the Palmdale Water District (“PWD”) Board of Directors at their December 15, 2022 meeting.
Pursuant to Article 4 Organization; Board of Directors, the governing body of the Authority shall be the Board, which shall consist of five Directors. The governing body of each Member shall appoint and designate in w riting two Directors who shall be authorized to Report to Mayor and City Council
Re: Reappointment of PRWA Public Member
January 11, 2023
act for and on behalf of the Member on matters within the powers of the Authority. The person appointed and designated as Director shall be a member of the Member's governing body. The fifth Director shall be appointed jointly by both Members.
FISCAL IMPACT
There is no fiscal impact associated with this item.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.
D. Strengthen regional, state, and national partnerships to enhance our legislative presence.
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
C. Involve and expand engagement to enhance public oversight and transparency.
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Roxanne Faber, Acting City Clerk
Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Interim City Attorney
ATTACHMENTS
1. Joint Exercise of Powers Agreement
A-4113
"Authority" means the Palmdale Recycled Water Authority. "Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.
"Board" means the Board of Directors, which is the governing body of the Authority. "Bonds" means bonds, notes, commercial paper, floating rate, and variable maturity securities, and any other evidences of indebtedness and also includes certificates of participation, lease-purchase agreements or loan agreements. "Sanitation Districts" means the Los Angeles County Sanitation Districts Nos. 14 and 20. "Director" means a member of the Board of Directors.
"Effective Date" means the date on which this Agreement shall become effective and the Authority shall exist as a separate public agency.
"Members" means the City and PWD.
"Operating Rules and Regulations" means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority.
"Public Agency" means those public entities set forth in Section 6500 of the Act. "Public Capital Improvements" mean one or more projects specified in Section 6546 of the Act.
"Waterworks" means the Los Angeles County Waterworks District No. 40. "Working Capital" means money to be used by, or on behalf of, a Member for any purpose for which a Member may borrow money pursuant to California Government Code Section 53852.
Article 2 Formation and Purpose
2.1 Effective Date and Term. This Agreement shall become effective and the Authority will come into existence as a separate public agency on the date this Agreement is executed by the City and PWD. The Authority will continue to exist and this Agreement will remain in effect, until this Agreement is terminated pursuant to Article 8.
2.2 Formation. There is formed as of the Effective Date a public agency named the "Palmdale Recycled Water Authority." Pursuant to Sections 6506 and 6507 of the Act, the Authority is an independent public agency separate from the Members. Unless otherwise agreed by the Members, the debts, liabilities, and obligations of the Authority are not debts, liabilities or obligations of the Members. 2 A-4113
2.3 Purpose. The purpose of the Agreement is to establish an independent public agency in order to study, promote, develop, distribute, construct, install, finance, use and manage recycled water resources created by the Sanitation Districts for any and all reasonable and beneficial uses, including irrigation and recharge, and to finance the acquisition and construction or installation of recycled water facilities, recharge facilities and irrigation systems.
2.4 Boundary. The boundary of the Authority shall be the jurisdictional boundary of PWD, and shall encompass that portion of the City within the jurisdictional boundary of PWD.
Article 3 Powers
3.1 General Powers. The Authority shall have the powers common to the Members and such additional powers set forth in the Act and other statutes applicable to the Authority, and is hereby authorized to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to each of the following:
a. Distributing recycled water for reasonable and beneficial uses, including irrigation and recharge;
b. Charging fees for recycled water;
c. Making and entering into contracts;
d. Employing employees, agents, consultants, legal counsel and other experts;
e. Conducting studies, including but not limited to environmental studies; f. Promoting or advertising the services provided by the Authority; g. Promoting legislation helpful to the goals of the Authority; h. Applying for, receiving and complying with requirements for state or federal grants;
I. Acquiring, owning, holding title to, constructing, managing, maintaining, operating, disposing of or donating real or personal property or other assets;
J. Incurring debts, liabilities or obligations and issuing Bonds; k. Adopting, levying, collecting and/or administering assessments to the extent allowed by law, or assisting the Members to do so;
1. Suing and being sued in its own name, including initiating or otherwise participating in proceedings to validate its actions;
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m. Applying for and executing appropriate grants or contracts of financial assistance.
n. Applying for, negotiating and obtaining commercial loans as allowed by law;
o. Administering the funds of the Members for the purposes set out here subject to rules adopted by the Authority for such administration; p. Coordinating programs provided by the Members to carry out the goals of the Authority;
q. Adopting budgets;
r. Adopting rules, regulations, policies, bylaws and procedures governing the operation of the Authority;
s. Accepting donations;
t. Carrying out and enforcing all provisions of this Agreement and any related agreements.
u. Imposing impact or development fees, including, but not limited to, fees under the Mitigation Fee Act (Government Code sections 66000 et seq.) Article 4 Organization
4.1 Board of Directors. The governing body of the Authority shall be the Board, which shall consist of five Directors. The governing body of each Member shall appoint and designate in writing two Directors who shall be authorized to act for and on behalf of the Member on matters within the powers of the Authority. The person appointed and designated as Director shall be a member of the Member's governing body. The fifth Director shall be appointed jointly by both Members.
4.2 Powers of the Board. The Board shall conduct or authorize to be conducted all business and activities of the Authority consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law.
4.3 Operating Rules and Regulations. The Board may adopt from time to time such Operating Rules and Regulations, including but not limited to policies, procedures, bylaws, rules or regulations, for the conduct of its affairs as deemed necessary by the Board.
4 .4 Term of Office. Each Director who is a member of the Member's governing body shall serve on the Board for renewable one year terms and shall cease to serve on the Board if such Director ceases to be an elected official of the Member. Vacancies on the Board shall be filled in the same manner as the original appointment. Notwithstanding anything in this Section to the contrary, each Director shall serve at the pleasure of the 4 A-4113
Member that the Director is representing and such Member may remove and replace the Director at any time.
4.5 Meetings of the Authority. Meetings of the Authority shall be governed by the Ralph M.
Brown Act (Govt. Code Section 54950 et seq, the "Brown Act"). At its organizational meeting, the Authority shall adopt provide for its regular meetings at dates, times and places set out by resolution. That Resolution shall be provided to all Members. The Board shall hold at least one regular meeting during each fiscal year. Pursuant to the Brown Act, the Secretary of the Authority shall cause minutes to be prepared for all regular and special meetings (but not any closed sessions) and copies of such minutes shall be provided to the Directors as soon as possible.
4.6 Conflict of Interest Code. The Authority shall adopt a conflict of interest code.
4. 7 Quorum. A majority of the Directors shall constitute a quorum.
4.8 Voting. Except as otherwise provided by law or in section 4.9 below, any action taken by the Authority shall require the affirmative vote of a majority of the quorum present and voting on the item. A Director who has announced a conflict of interest is not considered a part of the quorum. An abstention for other than conflict reasons shall be considered a no vote. Notwithstanding anything in this paragraph to the contrary, less than a quorum may adjourn from time to time in accordance with law.
4.9 Special Voting Situations. The following Board actions require the affirmative vote of at least one Director from the City and one from the PWD:
a. Agreements to provide recycled water to any person or entity other than the City or PWD.
b. Capital expenditures exceeding $100,000.
c. Adoption or modification of any combined recycled water master plan. d. Settlement of lawsuits over $10,000.
e. Adoption of its initial and all annual operating budgets. f. Setting recycled water rates.
g. Disposition of assets and funds upon termination, pursuant to section
5.8(d).
4.10 Chair and Vice Chair. The Board shall elect from among themselves a Chair and Vice Chair. The Chair shall be the presiding officer of all Board meetings and shall represent the Authority and execute any contracts and other documents when required by the Operating Rules and Regulations. The Vice Chair shall serve in the absence of the Chair.
The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. 5 A-4113
The office of either the Chair or Vice Chair shall be declared vacant and a new election shall be made if the person serving dies, resigns, or the Member that the person represents removes the person as its representative on the Board.
4.11 Director Compensation. Compensation for work performed by Directors on behalf of the Authority shall be borne by the Member that appointed the Director. The Board, however, may adopt by resolution a policy relating to the reimbursement of expenses incurred by Directors. Members may provide for compensation and/or reimbursement of expenses to the fifth director, as allowed by law.
4.12 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes and other records of the Authority and shall perform such other duties as specified by the Board.
4.13 Treasurer and Auditor. The Authority shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. If the Board so designates, and in accordance with the provisions of applicable law, a qualified person may hold both the office of Treasurer and Auditor.
A qualified person shall be (i) the treasurer or chief financial officer of one of the Members; (ii) a certified public accountant; or (iii) such other consultant, officer or employee of the Authority or an administrative services provider as the Authority deems qualified to act as Treasurer or Auditor, respectively. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act.
The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time.
4.14 Staff. The Authority may appoint, by contract or otherwise, an Executive Director and other staff as necessary. The Executive Director shall have all powers delegated to the Executive Director by the Authority. In addition the Executive Director shall have the power to appoint and remove all employees of the Authority, except for the Auditor, Treasurer and those providing expert services, such as legal counsel, financing consultants, accountants, engineers, architects and other advisors, who shall be appointed by the Board.
4.15 Bonding Persons Having Access to Property. The Members hereby designate the Executive Director and Treasurer, and designee or designees of each of them, as the persons who shall have charge of, handle, or have access to any property of the Authority. Such persons shall file an official bond in an amount to be fixed by the Board. 6 A-4113
4.16 Provision of Administrative Services Provider. The Board may approve the use of staff of the Members for purposes of planning, implementing, operating and administering any of the programs approved by the Board.
4.17 Committees. The Authority may appoint ad hoc and standing committees to carry out the business of the Board, as deemed necessary and in the manner determined by the Board.
4.18 Technical Advisory Committee. The Board may elect to form a Technical Advisory Committee that will provide assistance and advice to the Board and exercise any powers delegated to it by the Board. The Technical Advisory Committee shall be comprised of three representatives appointed by each Member. The Member's governing body may appoint its representatives to the Technical Advisory Committee, and one alternate representative, in the manner determined to be appropriate by the Member. Such representative or alternate may be any person resident within the jurisdictional boundaries of the Member, or a person possessing knowledge and interests in California water policy.
The Technical Advisory Committee will be subject to the Operating Rules and Regulations established by the Board.
4.19 Authority Documents. The Members acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution, including but not necessarily limited to the Operating Rules and Regulations, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Members agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board.
4.20 Authority Legal Counsel. The Board may retain and appoint legal counsel for the Authority.
Article 5 Financial Provisions
5.1 Fiscal Year. The Authority's fiscal year shall begin January 1 and shall include the period from then through December 31st. The first year of operation of the Authority shall be a partial year of operation.
5.2 Member Contributions. Except as otherwise prohibited, any Member may make contributions of money or assets to the Authority; make or advance payments of public funds to defray the cost of Authority operation; and contribute personnel, equipment or property instead of or in addition to other contributions or advances. Such contributions shall be paid to and disbursed by the Authority as set out in separate agreements between the Authority and the Member and approved by the Board and the governing body of the Member.
It is hereby acknowledged that the City, at the time of Authority's formation, has contributed the recycled water infrastructure installed to date known as Phase I which provides recycled water to McAdam Park, Palmdale, CA.
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5.3 Member Loans. By official action of a Member's governing body, any Member may loan or advance funds to the Authority to meet the Authority's necessary budgeted expenses. Such loans shall bear interest until repaid at a rate agreed upon by the Member and the Authority. All such loans shall be repaid with interest from legally available funds of the Authority. It is anticipated that such funding may continue for an extended period of time. Nothing in this Agreement shall be deemed to obligate or require any of the Members to loan money, advance funds or provide property, assets, staffing or in lieu services to the Authority.
5.4 Depository.
a. All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Member or any other person or entity.
b. All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the Fiscal Year. The books and records of the Authority shall be open to inspection by the Members at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act.
c. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.
5.5 Budget. The Board shall adopt an annual budget for the Authority's activities within ninety (90) days of the effective date of this Agreement and by January 1 of each succeeding year. The Board may revise the budget from time to time as may be necessary to address changed circumstances, contingencies and unexpected expenses.
Public funds may not be disbursed by the Authority without adoption of the approved budget and all receipts and disbursements shall be in strict accordance with the approved budget. The budget shall identify the programs of the Authority and allocate funds by the program. The budget and accounting system shall account for direct and overhead costs by program. The Board shall allocate these costs for each program with the adoption of the annual budget.
5 .6 Debts and Liabilities. As permitted under Section 6508.1 of the Act, no debt, liability, or obligation of the Authority shall constitute a debt, liability, or obligation of any Member and each Member's obligation hereunder is expressly limited only to the appropriation 8 A-4113
and contribution of such funds as may be levied pursuant to this Agreement or as the Members hereto may agree.
5.7 Credit. Notwithstanding the preceding section, the Members agree to pledge their credit as necessary or appropriate to obtain financing for the Authority.
5.8 Disposition of Authority Property, Funds and Other Assets Upon Termination. a. In the event of termination of the Authority where there is a successor public entity which will carry on the activities of the Authority and assume its obligations, Authority property, funds, and other assets, including any interest earned in deposits, remaining upon termination of the Authority and after payment of all obligations, shall be transferred to the successor public entity.
b. If there is no successor public entity which would carry on any of the activities of the Authority or assume any of its obligations, Authority property, funds, and other assets,, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall first be used to return any unreimbursed contribution of each Member, and the remainder shall be divided equally between the Members.
c. If there is a successor public agency which would undertake some of the functions of the Authority and assume some of its obligations, Authority property, funds, and other assets, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be allocated by the Board between the successor public entity and Members.
d. In the event the Authority is terminated and remaining funds must be allocated under the circumstances falling with (b) or ( c) above, all decisions of the Board with regard to determination of amounts to be transferred to Members or any successor shall be final.
Article 6 Operations
6.1 Recycled Water Contract. Within 65 days after the execution of this Agreement, the City shall assign to the Authority its existing contract with Los Angeles County Sanitation Districts Nos. 14 and 20 to purchase up to 2,000 acre-feet ofrecycled water, dated July 1, 2009. This shall not be considered to be a Member contribution under section 5.2.
6.2 Master Plan. The Authority shall adopt a master plan for recycled water combining the City's and PWD's existing master plans, following environmental review.
6.3 Price of Recycled Water. The price ofrecycled water sold to the City or PWD shall be set to cover the purchase price of the recycled water, operation and maintenance costs of the Authority, and financing costs.
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6.4 Impact Fee. The Authority shall adopt an impact fee in order to pay capital costs, including reimbursement to the City of the cost of the recycled water infrastructure installed to date known as Phase I, which provides recycled water to McAdam Park.
Article 7 Amendments
7 .1 Amendments. This Agreement may be amended only upon the affirmative vote of both Members.
Article 8 Termination
8.1 Termination. This Agreement may be terminated by the mutual agreement of both Members at any time, or by one Member after the tenth anniversary of the execution of this Agreement; provided, however, that prior to any termination by one Member, the Members agree to engage in the dispute resolution procedure under section 9.10, and such termination shall not be effective until six months after the completion of that procedure. Upon termination, payment of the obligations and division of the property of the Authority shall be conducted pursuant to this Agreement.
Article 9 Miscellaneous Provisions
9 .1 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Members, the Authority, or its Directors, officers, or employees.
9.2 Indemnification of Members. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Members and the public. The Authority shall defend, indemnify and hold harmless the Members and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement.
9.3 Severability. If one or more clauses, sentences, paragraphs, or provisions of this Agreement or its application to any person or circumstances shall be held invalid, unlawful or unenforceable, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected thereby. Such clauses, sentences, paragraphs or provisions shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.
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9.4 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Members may not be assigned or delegated without the advance written consent of all of the other Members, and any attempt to assign or delegate such rights or duties in contravention of this Section is null and void. This Agreement inures to the benefit of, and be binding upon, the successors and assigns of the Members.
9.5 No Rights In Third Parties. All of the terms, conditions, rights and duties provided for in this Agreement are, and will always be, solely for the benefit of the Members. It is the intent of the Members that no third party shall ever be the intended beneficiary of any performance, duty or right created or required pursuant to the terms and conditions of this Agreement.
9.6 Agreement Complete. The foregoing constitutes the full and complete Agreement of the Members. There are no oral understandings or agreements not set forth in writing herein.
9.7 Further Assurances. Each Member agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement.
9.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Members, each executed counterpart shall have the same force and effect as an original instrument and as if all Members had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.
9.9 Members to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Member, as the case may be, or such other person designated in writing by the Authority or Member. Notices given to one Member shall be copied to all other Members. Notices given to the Authority shall be copied to all Members.
9.10 Dispute Resolution. Representatives of the Members shall meet and use their best efforts to settle any dispute, claim, question or disagreement ("a Dispute") arising from or relating to this Agreement or to the interpretation of this Agreement. To that end, representatives of the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such a solution within a period of thirty (30) days after the first meeting regarding a Dispute, then the Parties shall convene a meeting of the Board within sixty (60) days after the first meeting of the Party 11 A-4113
representatives regarding a Dispute and attempt to settle the Dispute before the Board meeting. If the Parties do not settle the Dispute within five (5) calendar days after the Board meeting, the Parties shall submit to mediation of the Dispute to be held within thirty (30) days of the request for mediation. If mediation is not successful, any Party may pursue any and all legal and equitable remedies that may be available. Any Party with a Dispute over the amount of money to be paid to the Authority or a Party shall first pay the disputed amount to the Authority or other Party under protest before commencing dispute resolution under this section.
9 .11 Governing Law. This Agreement is to be governed by and construed according to the laws of California.
IN WITNESS WHEREOF, the Members hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all Members hereto.
CITY,QF PALMDALE
APPROVED AS TO FORM:
City Attorney
PALMDALE WATER DISTRICT
Gordon Dexter
President
APPROVED AS TO FORM:
12 City Council Staff Report
DATE: JANUARY 11, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
CITY CLERK DIVISION
DISTRICT ALL
SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING CITY
COUNCIL APPOINTMENTS
ISSUE
Discussion and possible action regarding City Council Committee Appointments.
RECOMMENDATION
Provide direction.
BACKGROUND
Historically, the City Council reviews their committee appointments on an annual basis.
The Council may nominate and then approve the appointment of a councilmember, and any alternates with a majority vote. Councilmembers serve at the pleasure of the City Council regarding these appointments. If any member of the City Council can no longer serve on a committee, a request for removal is required. I f there is an alternate, the alternate may serve until a new appointment is made.
DISCUSSION
This item is brought forth to determine if the City Council has changes t o committee assignments.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
Health and Safety Code Section 41310 states, “The Antelope Valley District shall be governed by a district board consisting of seven members as follows: (a) Two members of the City Council of the City of Lancaster appointed by the city council. (b) Two members of the City Council of the City of Palmdale appointed by the city council. (c) Two persons appointed by the member of the Board of Supervisors of the County of Los Angeles who Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
represents a majority of the population of the Antelope Valley district, one of whom may be that supervisor. (d) A public member who shall be appointed by the members appointed pursuant to subdivisions (a) to (c), inclusive.” Meetings are held on the 3rd Tuesday of each month at 10:00 a.m. at the Lancaster District office located at 43301 Division Street, Suite 206, Lancaster, CA.
Delegate: Councilmember Bishop
Delegate: Vacant
Alternate: Vacant
ANTELOPE VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
The Antelope Valley Mosquito Abatement and Vector Control District was formed on August 21, 1958, through action taken by the Los Angeles County Board of Supervisors, as a result of a petition submitted by the residents of the Antelope Valley.
The Antelope Valley Mosquito Abatement and Vector Control District is a five-member Board of Trustees whose members represent the citizens of Palmdale, Lancaster, and Los Angeles County. The District works under the authority of the California Health and Safety Code Section 2000-2093. Historically, Council has appointed a citizen who lives within the district boundaries; however, the last appointee was former Mayor Steve Hofbauer.
The meetings are held on the 4th Thursday of each month at 4:00 p.m. at 42624 6th Street East, Lancaster, CA.
Public Member Delegate: Vacant
ANTELOPE VALLEY TRANSIT AUTHORITY
The Antelope Valley Transit Authority is governed by a Joint Powers Agreement between the cities of Lancaster, Palmdale, and Los Angeles County. The Antelope Valley Transit Authority (AVTA) was established in 1992 after Antelope Valley residents expressed a strong desire for public transportation in the high desert. AVTA’s total service area covers 1,200 square miles and is bounded by the Kern County line to the north, the San Bernardino County line to the east, the Angeles National Forest to the south, and Interstate 5 to the West. The fixed route service area consists of approximately 100 square miles.
Meetings are held on the 4 th Tuesday of each month at 10:00 a.m. at the AVTA office located at 42210 6th Street West, Lancaster, CA.
Delegate: Councilmember Loa
Delegate: Vacant
Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
Alternate: Mayor Bettencourt
Alternate: Citizen Kathryn Mac Laren
(Appointed by a majority vote of the Council pursuant to PMC §2.08.030 pursuant to PMC §2.08.030)
CALIFORNIA CONTRACT CITIES ASSOCIATION (CCCA)
The general purpose of the CCCA is to serve as a rallying point for cities contracting for municipal services to ensure constituents receive the best service at the minimum cost.
Through municipal seminars, education, exchange of ideas and information, the association combines resources to influence policy decisions affecting member cities.
Meetings are held on an as needed basis at various city locations.
Delegate: Vacant
Alternate: Mayor Bettencourt
CITY OF PALMDALE AUDIT COMMITTEE
The purpose of the City of Palmdale Audit Committee is to close the gap between the auditor of the City’s financial statements and the City Council to facilitate communication between the City Council, auditors, and City management staff. The goal of the Audit Committee is to maintain the public’s confidence in the City’s finance functions, enhance the accessibility of the City’s financial matters to our citizens, and promote the financial transparency of the City.
Pursuant to the By-Laws of the Audit Committee, the committee shall consist of five members comprised of 1) two members from the Council; 2) the City Manager; 3) The Finance Manager; and 5) One member of the public. Members of the Committee shall not receive compensation nor be eligible for reimbursement. Meetings are held in the spring and fall of each year, at a time to be determined, in the Council Chamber, 38300 Sierra Highway, Suite B, Palmdale, CA.
Delegate: Councilmember Bishop
Delegate: Mayor Bettencourt
Alternate: Vacant
Public Member: Christine Geary
(Appointed by a majority vote of the Council pursuant to PMC §2.08.030 - Term expires July 2023)
Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
CITY OF PALMDALE INVESTMENT OVERSIGHT COMMITTEE
Pursuant to the Investment Policy of the City, an Investment Oversight Committee was created. The Investment Oversight Committee consists of the City Manager, City Treasurer, City Attorney, one rotating Councilmember, and the Mayor. Members of the committee serve without compensation and shall meet at least quarterly to determine general strategies and to monitor results.
Meetings are held on an as needed basis in the City of Palmdale’s Finance Department.
Member: Mayor Bettencourt (Must be Mayor pursuant to City’s Investment Policy) Member: Councilmember Bishop
(Rotating Councilmember pursuant to City’s Investment Policy)
EIFD PUBLIC FINANCE COMMITTEE
Under Enhanced Infrastructure Financing District (EIFD) law, the Palmdale EIFD Public Financing Authority is the governing board of the Palmdale EIFD. Initially and pursuant to EIFD law, the Palmdale EIFD Public Financing Authority (PFA) membership shall include two City Councilmembers and one public member. All members of the Board serve at the pleasure of the City Council, and any member may be removed, with or without cause, by a majority vote of the City Council. Public members serve a two-year term.
The PFA membership is comprised of two members of the City Council, a public member selected by the Council, one member of the County, and a member of the public selected by the County. Members shall serve at the pleasure of their respective appointing legislative bodies.
Meetings are held on as needed in the Council Chamber, 38300 Sierra Highway, Suite B, Palmdale, CA.
Authority Member: Vacant
Authority Member: Vacant
Authority Public Member: Kathryn Mac Laren-Gomez
Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
HIGH DESERT CORRIDOR JOINT POWERS AUTHORITY
The purpose of the High Desert Corridor Joint Powers Authority is to enhance the quality of life for our communities by developing and maintaining public infrastructure and providing a variety of municipal services that complements our natural resources and environment.
Pursuant to the Joint Exercise of Powers Agreement, one member shall be the Fifth District Supervisor of Los Angeles County, the alternate member shall be appointed by the Los Angeles County Fifth District Supervisor.
Meetings are held on as needed basis and the location rotates between the Los Angeles and San Bernardino counties, and occasionally meetings are held in Palmdale and Victorville. The City’s appointments are to be ratified by the Board.
Director: Vacant
Alternate: Councilmember Loa
LEAGUE OF CALIFORNIA CITIES – Desert Mountain Division
The League's policy-making process allows the issues facing California cities to be debated and the organization's policy directions to be established. Member cities generally appoint a Councilmember as a Delegate and an Alternate.
Meetings are held quarterly on the last Friday of the month at 10:00 a.m. at various city locations.
Delegate: Vacant
Alternate: Councilmember Bishop
2nd Alternate:Councilmember Loa
LOS ANGELES COUNTY SANITATION DISTRICT
The Sanitation Districts are a public agency created under state law to manage wastewater and solid waste on a regional scale and consist of 24 independent special districts serving about 5.6 million people in Los Angeles County. The service area covers approximately 850 square miles and encompasses 78 cities and unincorporated territory within the county.
Health and Safety Code Section 4730 states, “The presiding officer of the governing body of each city, the whole or part of which is included in the sanitation district, is a member of the board.” The Mayor is the presiding officer of the Palmdale City Council.
California Health and Safety Code Section 4730 states that other than the presiding officer, an alternate director may act in the place of the presiding officer. LA County Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
Sanitation District has stated that a temporary alternate delegate may be appointed for the alternate delegate.
Meetings are held at 1:30 p.m. on the 4th Wednesday of each month in the Sanitation District Offices located at 1955 Workman Mill Road in Whittier or at a venue in the Antelope Valley.
Delegate for
Districts No. 14 and No. 20: Mayor Bettencourt
(Must be the Mayor pursuant to H&S Code §4730)
2nd Delegate for
District No. 20: Councilmember Loa
Alternate Delegate
for District No. 14 & 20 Councilmember Bishop
NORTH LOS ANGELES COUNTY TRANSPORTATION COALITION
The purpose of the North Los Angeles County Transportation Coalition was assembled in 1995 as a method of coordinating information and providing a forum for discussion on regional issues of mutual interest and concern amongst the cities of Lancaster, Palmdale, Santa Clarita, and the unincorporated areas of the North Los Angeles County.
North Los Angeles County Transportation Coalition Joint Powers Authority states, “The Cities of Lancaster, Palmdale, and Santa Clarita shall have three representatives each:
A City Council Member, a representative appointed by the City Council from a business or community organization, and a representative at large appointed by the City Council.” The Coalition meets as needed in meeting locations that rotate between the Cities of Palmdale, Lancaster, and Santa Clarita.
Delegate: Councilmember Bishop
Alternate: Vacant
Business Representative: Vacant
Representative at Large:Councilmember Loa
PALMDALE RECYCLED WATER AUTHORITY (PRWA)
The Palmdale Recycled Water Authority (PRWA) was established in 2012 through a Joint Exercise of Powers Agreement between the City of Palmdale and the Palmdale Water District (PWD) to jointly study, promote, develop, distribute, construct, install, finance, use and manage recycled water resources created by the Los Angeles County Sanitation District Nos. 14 and 20 for any and all reasonable and beneficial uses, including irrigation Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
and recharge, and to finance the acquisition and construction or installation of recycled water facilities, recharge facilities, and irrigation systems.
The First Amendment to the Joint Exercise of Powers Agreement provides for a five- member Authority Board wherein each of the two Members appoint two members from their respective governing boards to serve on the Authority Board and jointly appoint the “Fifth Director”. The City and the Palmdale Water District appoint the Fifth Director (Public Member Director) and The Palmdale Recycled Water Authority Board of Directors ratifies the appointment. Pursuant to the PRWA, an alternate may be appointed.
Meetings are held on the 3rd Monday of the month at 6:00 p.m. in the Palmdale City Hall Council Chambers located at 38300 Sierra Highway, Suite "B", Palmdale.
Director: Councilmember Bishop
Director: Vacant
Alternate: Mayor Bettencourt
Public Member: Zakeya Anson – Current term ending 1/31/2023. (Per JPA, appointed by the City and Palmdale Water District jointly and ratified by the PRWA Board
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL
COUNCIL
As SCAG’s 83-member governing board, the Regional Council conducts the affairs of SCAG; implements the General Assembly’s policy decisions; acts upon policy recommendations from SCAG policy committees and external agencies; appoints committees to study specific problems and programs; and amends, decreases or increases the proposed budget to be reported to the General Assembly.
Pursuant to SCAG’s By-Laws, there is one Regional Council appointment and there is no position as alternate for the regional council.
Meetings are held on the 1 st Thursday of the month at the SCAG office in Los Angeles, California.
Delegate: Vacant
Alternate: Per SCAG, there is no position as alternate for the Regional Council.
UNITED STATES/MEXICO SISTER CITIES ASSOCIATION
The U.S./Mexico Sister City Program was initiated by President Eisenhower in 1956. This program works to develop one-on-one community relations with cities in other countries so that people could cross national boundaries and get to know each other personally and form mutual respect and understanding of other cultures. City officials and the Report to Mayor and City Council
Re: City Council Committee Appointments
January 11, 2023
Palmdale Sister City Committee members exchange visits to each city to foster the Sister City Program relationship.
Council may appoint as many representatives as desired.
Palmdale Sister City Committee meetings are held on the 2nd and 4th Wednesday of each month at 6:00 p.m. in the Larry Chimbole Cultural Center.
Delegate: Vacant
Delegate: Vacant
Alternate: Councilmember Bishop
Alternate: Councilmember Loa
Alternate: Mayor Bettencourt
CALIFORNIA STATE PRISON – LOS ANGELES COUNTY, CITIZENS ADVISORY
COMMITTEE
The primary objective of the Citizen’s Advisory Committee is to promote communication between the institution and the community, which includes building good will and support, allaying community fears, and increasing public awareness and support by receiving and sharing information about the prison and the Department’s policies, regulations, and programs.
Meetings are held on the 4 th Wednesday of the month at 3:00 p.m. in the Warden’s Conference Room at the prison. The committee is on a hiatus from June through August and in November and December.
Delegate: Mayor Bettencourt
Alternate: Councilmember Loa
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
D. Strengthen regional, state, and national partnerships to enhance our legislative presence.
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Roxanne Faber, Actin City Clerk
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, Interim City Attorney City Council Staff Report
DATE: JANUARY 11, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES
HOUSING DIVISION
DISTRICT: ALL
SUBJECT: PUBLIC HEARING TO OBTAIN RESIDENT INPUT ON COMMUNITY NEEDS FOR THE 2023-2024 ACTION PLAN
ISSUE
Public Hearing to obtain resident input on community needs for the 202 3-2024 Action Plan.
RECOMMENDATION
Staff recommends that the City Council open a public hearing to obtain resident input on community needs in preparation for the 2023-2024 Action Plan.
BACKGROUND
As an entitlement and participating jurisdiction, the City of Palmdale receives an annual allocation of funds from HUD under its Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Programs. As an entitlement and participating jurisdiction, the City is required to prepare and obtain HUD approval of a Consolidated Plan covering a period of five years. The 2020 Five-year Consolidated Plan was approved by Council and submitted to HUD in June 2020. The plan addresses a variety of HUD - required issues including the City’s plan to address affordable housing and other needs of low- and moderate-income persons.
Prior to the beginning of each grant year, the City is required to submit an Annual Action Plan to HUD. This Plan discusses and identifies the actions programs, projects, and services to be provided during the fiscal year to meet the goals and objectives of the Consolidated Plan and outlines the expenditures for the allocated funds.
DISCUSSION
In preparation of the 2023-2024 Action Plan the City is seeking to obtain citizen input for community needs. Holding this public hearing is a prerequisite to receiving the annual CDBG and HOME allocation. The implementing regulations require that a public hearing Report to Mayor and City Council
Re: Public Hearing for Community Needs
January 11, 2023
be held to allow residents to express their views concerning the use of said funds. Staff will schedule a second Public Hearing for May 5, 2023 to allow the public to review and comment on the Draft 2023-2024 Action Plan and the proposed use of funds.
In accordance with the City’s Citizen Participation Plan and the CDBG regulations a public notice informing and inviting oral or written comments either prior to or at the public hearing on January 11, 2023 was published on December 27, 2022 in the Antelope Valley Press and the City’s website. The notice also invited residents interested in expressing their views concerning the use of CDBG and HOME funds to submit written comments or attend the public hearing on January 11, 2023.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manager resources, costs and liabilities to ensure the City’s long-term fiscal health.
Prepared by: Sophia Reyes, Housing 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, Interim City Attorney City Council Staff Report
DATE: JANUARY 11, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS – INNOVATION AND ENVIRONMENTAL
RESOURCES DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1601, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
ADDING CHAPTER 8.06 REGARDING RECYCLING AND
DIVERSION OF CONSTRUCTION AND DEMOLITION (C&D) WASTE,
AND SETTING THE INITIAL C&D ORDINANCE PERMIT FEE
AMOUNT AND FINDING THE ORDINANC E CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
ISSUE
Introduction and Adoption of Ordinance No. 1601, an Ordinance of the City Council of the City of Palmdale adding Chapter 8.06 regardin g recycling and d iversion of construction and demolition (C&D) waste, and setting the initial C&D ordinance permit fee amount.
RECOMMENDATION
Staff recommends that the City Council approve the reading of Ordinance No. 1601, hold a public hearing on said Ordinance No. 1601, close the public hearing a nd adopt Ordinance No. 1601.
BACKGROUND
According to the California Department of Resource Recycling and Recovery (CalRecycle), Construction and Demolition (C&D) materials are estimated to account for approximately thirty percent (30%) of California’s waste disposal. State law requires that C&D projects divert sixty-five percent (65%) of all non-hazardous construction materials from landfills. Excavated soil and other land clearing debris such as trees and rocks must all be reused or re cycled. Common C&D materials include carpet, wood, aggregate, shingles, and wallboard, among other materials seen at construction or demolition activities. The benefits of a C&D debris waste reduction and recycling program are reducing the amount of C&D debris placed in landfills, increasing site and worker safety, helping protect the environment, and reducing costs.
Report to Mayor and City Council
Re: Ordinance No. 1601
January 11, 2023
It is essential to further the City’s efforts to reduce waste and comply with AB 939 goals.
For the City of Palmdale, C&D waste makes up approximately 10.2% of the total industrial tonnage that is collected and is only 1.2% of the total waste stream. The City’s Source Reduction and Recycling Element (SRRE) identifies C&D recycling as a critical program in reaching the City sixty-five percent (65%) diversion target.
This program is intended to increase the diversion of construction and demolition debris from landfill disposal and avoid the potential financial consequences to the City of up to $10,000 per day by failing to remain in compliance with waste diversion requirements.
The importance of implementing a C&D program has been reiterated by the State through its working with the City on Assembly Bill 341 (AB 341), also known as Mandatory Commercial Recycling. CalRecycle has indicated that the City is not in compliance with the requirement and wanted a timetable from the City of when the City plans to implement its own C&D ordinance to come into compliance.
DISCUSSION
The purpose of adopting this ordinance is to establish regulations effectively reducing landfill-bound waste from construction and demolition activity by requiring applicants undertaking specific covered projects to divert, recycle, and/or salvage for reuse a minimum percentage of the construction and demolition waste materials resulting from their projects. The California Green Building Standards Code requires locally permitted new residential and commercial building construction, demolition, additions and alterations to recycle and/or salvage for reuse at least sixty-five percent (65%) of the nonhazardous C&D debris generated during the project.
To ensure contractors are complying, it is necessary to impose a performance security requirement through an ordinance. The key components of the ordinance are as follows:
1. A permit application fee of $75 shall be paid to compensate the City for all expenses incurred in administering the permit.
2. Prior to starting a project, a Waste Management Plan needs to be submitted, reviewed, and approved by the Compliance Official prior to the issuance of a demolition or building permit.
3. An exemption exists for when it is infeasible to meet the diversion requirements and the compliance official will work with the applicant to establish a modified diversion requirement.
4. A deposit is required and is set in the amount of two percent (2%) of the total estimated construction costs, but not less than $1,000 or more than $100,000.
The deposit must be submitted when all permit fees and deposits are paid.
5. Upon completion of the project, the deposit will be refunded upon the recycling goals being met (trash and recycling/recovery weight tickets must be submitted for verification of compliance). If only a portion of the goal has been met, the deposit refund will be prorated. Within 15 working days following the completion Report to Mayor and City Council
Re: Ordinance No. 1601
January 11, 2023
of the demolition phase of a project, and again within 15 working days following the completion of the construction phase of a project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the compliance official that proves compliance with the diversion requirements and a completed Waste Management Plan.
6. The applicant may appeal the determination made by the Compliance Official.
Appeals shall be made to the City Manager or designee.
The proposed ordinance was also identified in the City’s Illegal Dumping Action Plan as a potential method to decrease illegal dumping. All projects covered by the ordinance will need to submit a deposit prior to commencing. If insufficient proof of handling the waste through actual weight tickets cannot be produced, the project will be in default of a portion or all of the deposit, serving as an incentive to properly handle the waste being produced by the project rather than to illegally dump it in the City or surrounding areas.
FISCAL IMPACT
Proposed Ordinance No. 1601 has a direct fiscal impact on the Solid Waste Fund of $75,000 to cover expenses to process permits. The City will recoup the cost through the application fee per permit of $75. Although some projects will be in default of their deposit, it is staff’s goal to have one hundred percent (100%) compliance and to not have any deposits in default.
CALIFORNIA ENVIRONMENTAL QUALTITY ACT (CEQA)
The ordinance states that the City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. The ordinance also declares that, in the alternative, the ordinance is exempt under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment and categorically exempt under Guidelines section 15308 because this is an action taken by a regulatory agency to assure the protection of the environment and involves procedures for protection of the environment.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.
D. Strengthen regional, state and national partnerships to enhance our legislative presence.
Goal III: Invest in infrastructure to improve community livability.
Report to Mayor and City Council
Re: Ordinance No. 1601
January 11, 2023
B. Implement and administer environmentally sustainable programs.
Prepared by: Lynn Glidden P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott Porter, Interim City Attorney
ATTACHMENTS
1. Ordinance No. 1601
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE ADDING CHAPTER 8.06 REGARDING RECYCLING AND DIVERSION
OF CONSTRUCTION AND DEMOLITION (C&D) WASTE, AND SETTING
THE INITIAL C&D ORDINANCE PERMIT FEE AMOUNT
WHEREAS, the California Green Building Standards Code (the “CALGreen Code”) requires the diversion of at least 65 percent of the construction waste generated during most new construction residential projects (See CALGreen Code sections 4.408 and 5.408);
WHEREAS, Palmdale Municipal Code section 8.04.200 established Chapter 1 of the Palmdale Green Code and Palmdale Municipal Code Section 8.04.775 adopted the adopted Chapters 2 to 8, inclusive, and Appendices A4 and A5, of the CALGreen Code as parts of the Palmdale Green Code;
WHEREAS, waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the city, and much of this waste is particularly suitable for recycling and reuse; and WHEREAS, not all contractors are fully aware of all construction and demolition related requirements;
WHEREAS, establishing a process to ensure that applicants for construction and demolition permits will help to reduce the stream of solid waste going to landfills; and THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Municipal Code Amendment. A new Chapter 8.06 to be entitled, “Recycling and Diversion of Construction and Demolition (C&D) Waste” is added to the Municipal Code.
8.06.010 Findings, purpose and intent.
A. The city council is committed to protecting the public health, safety, welfare of the public, and the environment; and
B. To meet these goals it is necessary that the city promote the reduction of solid waste and reduce the stream of solid waste going to landfills; and Ordinance No. 1601
C. Under California law, as embodied in the California Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to $10,000 per day; and D. To meet these goals it is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills; and E. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the city, and much of this waste is particularly suitable for recycling and reuse; and F. The city’s commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (“C&D”) waste; and G. The purpose of this chapter is to reduce landfill waste by requiring an applicant for every covered project to divert construction and demolition debris resulting from that project in compliance with state and local statutory goals and policies and to create a mechanism to secure compliance with the stated diversion requirements.
8.06.020 Definitions.
For the purposes of this chapter the following definitions apply:
“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city. “City-sponsored project” means a project constructed by the city or a project receiving 50 percent or more of its financing from the city.
“Compliance official” means the building official or the person designated by the building official to oversee compliance with this Chapter.
“Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. “Construction and demolition material (C&D material)” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq . This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
Ordinance No. 1601
“Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the state of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city. “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in the waste management plan.
“Covered project” shall have the meaning set forth in PMC 8.06.050. “Deconstruction” means the careful dismantling of buildings and structures in order to salvage as much material as possible.
“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
“Deposit” means any performance bond, surety bond, money order, letter of credit, certificate of deposit, or restricted bank account provided to the city pursuant to city requirements and/or state law.
“Disposal” means the final deposition of construction and demolition or inert material, including but not limited to:
A. Stockpiling onto land of construction and demolition material that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; or
B. Stockpiling onto land of construction and demolition material that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year; or
C. Stockpiling onto land of inert material that is for a period of time greater than one year; or
D. Disposal of construction and demolition or inert material to a landfill. “Diversion requirement” means the diversion of at least 65 percent of the total construction and demolition material generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to PMC 8.06.040, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan compliance official in relation to the project. “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.
Ordinance No. 1601
“Inert disposal facility/inert waste landfill” means a disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal.
“Inert solids/inert waste” means nonliquid solid resources including, but not limited to, soil and concrete, that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional water board pursuant to Division 7 (Section 13000 et seq .) of the California Water Code and do not contain significant quantities of decomposable solid resources. “Mixed material” means loads that include commingled recyclables and nonrecyclable materials generated at the project site.
“Mixed material recycling facility” means a processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering reusable and recyclable materials and disposing of the nonrecyclable residual materials. “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the city.
“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.
“Renovation” means any change, addition or modification in an existing structure. “Reuse” means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
“Salvage” means the controlled removal of construction and demolition material from a permitted building or construction site for the purposes of recycling, reuse, or storage for later recycling or reuse.
“Separated for reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes source-separated materials.
“Source-separated materials” means materials that are sorted at the site of generation by individual material type, including commingled recyclable materials for the purpose of recycling, e.g., loads of concrete that are source-separated for delivery to a recycling facility.
Ordinance No. 1601
“Waste hauler” means a company that possesses a valid permit from the city of Palmdale to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the city’s name.
“Waste management plan (WMP)” means a completed waste management plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.
“Waste management plan (WMP) compliance officer” means the public works director or his or her designee.
8.06.030 Diversion requirement.
At least 65 percent of waste tonnage from construction, demolition, and renovation waste shall be diverted from disposal.
8.06.040 Diversion requirement exemption.
A. Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan (WMP) required under PMC 8.06.060.
B. Meeting with Compliance Official. The compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss feasible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.
C. Granting of Exemption. If the compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement the applicant shall be required to meet, and will inform the applicant in writing of the new requirement. The applicant shall resubmit another WMP, which is in compliance with the new diversion requirement. If the applicant fails to resubmit, or if the resubmitted WMP does not comply with PMC 8.06.060, the compliance official shall disapprove the WMP in accordance with PMC 8.06.060.
Ordinance No. 1601
8.06.050 Thresholds for covered projects.
A. Covered Projects (Construction and Renovation). All permitted construction and renovation projects within the city shall comply with this chapter, shall submit a waste management plan prior to commencing any construction or renovation activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in PMC 8.06.100, Fines/penalties.
B. Covered Projects (Demolition). All permitted demolition projects within the city shall comply with this chapter, shall submit a waste management plan prior to commencing any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in PMC 8.06.100, Fines/penalties.
C. City-Sponsored Projects (Construction and Renovation). All city-sponsored construction and renovation projects shall be considered “covered projects” for the purposes of this chapter, shall submit a waste management plan prior to beginning any construction or renovation activities, and shall be subjected to the provisions of this chapter.
D. City-Sponsored Projects (Demolition). All city-sponsored demolition projects shall be considered “covered projects” for the purposes of this chapter, shall submit a waste management plan prior to beginning any demolition activities, and shall be subjected to the provisions of this chapter, except that City-sponsored projects need not provide a diversion deposit.
E. Deconstruction/Recovery Interval for Covered Demolition Projects. Every covered demolition project shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition.
Recovered and salvaged designated recyclable and reusable material from every project shall qualify to be counted in meeting diversion requirements of PMC 8.06.030, Diversion requirement. Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises or may be removed to reuse facilities for storage or sale.
F. Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.
G. Exemptions. A diversion deposit and a waste management plan shall not be required for the following projects:
1. Work for which a building or demolition permit is not required.
2. Roofing projects that do not include tear-off of existing roof.
Ordinance No. 1601
3. Work for which only a plumbing, only an electrical, or only a mechanical permit is required.
4. Seismic tie-down projects.
5. Projects where no structural building modifications are required.
6. Emergency demolition required to protect public health and safety.
7. For City-sponsored projects, see 8.06.050.D.
Note: While not required, it shall be encouraged that at least 25 percent of all project- related construction and demolition waste from exempt projects be diverted.
8.06.060 Waste management plan.
A. Prior to starting a covered project, every applicant shall submit a properly completed waste management plan (WMP) to the compliance official, in a form as prescribed by that official, as a portion of the building or demolition permit process. The completed WMP shall contain the following:
1. The estimated volume or weight of project waste to be generated by material type;
2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling by material type;
3. The vendor(s) that the applicant proposes to use to haul source-separated recyclables and the method of hauling construction and demolition waste, either the city’s licensed franchised solid waste collector or the applicant’s in-house staff and equipment as noted below;
4. Facility(ies) the materials will be hauled to, and their expected diversion rates by material type;
5. Estimated volume or weight of construction and demolition waste that will be disposed.
B. No person other than the city’s licensed franchised solid waste collector may collect or haul any construction and demolition waste within the city except:
1. Source-separated recyclables (e.g., wood, scrap metals, new drywall scrap) which consist of materials that have been separated from general construction and demolition waste for the express purpose of recycling. Loads consisting of recyclable materials that contain more than 10 percent of residual (nonrecyclable) materials shall not be considered source-separated recyclables; or Ordinance No. 1601
2. Construction and demolition waste that is:
a. Removed from a premises by a licensed contractor as an incidental part of a total construction, remodeling or demolition service offered by that contractor; and
b. Directly loaded onto a fixed body vehicle and hauled directly to a transfer station or disposal facility.
C. Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the WMP, the applicant shall use conversion rates approved by the city of Palmdale for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected feasible diversion rate as described above and finds the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the WMP shall be deemed incomplete.
1. Approval. No building or demolition permit shall be issued for any covered project unless and until the compliance official has approved the WMP. Approval shall not be required, however, where emergency demolition is required to protect public health or safety. The compliance official shall only approve a WMP if he or she determines that all of the following conditions have been met:
a. The WMP provides all of the information set forth in this section; b. The WMP indicates that 65 percent of all C&D waste generated by the project shall be diverted (or new diversion goal set in accordance with the applicant’s approved diversion exemption request); and
c. The applicant has submitted an appropriate deposit for the project (if a deposit is required by this chapter).
2. Non-approval. If the compliance official determines that the WMP is incomplete or fails to indicate that at least 65 percent (or new diversion goal set in accordance with the applicant’s approved diversion exemption request) of all C&D waste generated by the project will be diverted, he or she shall either:
a. Return the WMP to the applicant marked “Disapproved,” including a statement of reasons, and will notify the building department, which shall then immediately stop processing the building or demolition permit application; or
b. Return the WMP to the applicant marked “Further Explanation Required.” Ordinance No. 1601
8.06.070 Deposit required.
A. Amount of Deposit. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a deposit (cash, letter of credit, performance or surety bond, money order) in the amount of two percent (2%) of the total estimated construction costs, but not less than $1,000 or more than $100,000, unless the City Council, by resolution or ordinance, has modified the amount of the required deposit, (which may include revisions to minimum and maximums), in which case that revised amount shall apply.
B. Return of Deposit. The deposit shall be returned, without interest, in total or prorated, upon proof of satisfaction by the compliance official that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition waste tonnage than required is diverted, a proportionate share of the deposit shall be returned. Further, the deposit shall be forfeited entirely or to the pro-rated extent that there is a failure to comply with the requirements of this chapter. By way of example, if the applicant diverted only 30% of the amount required to be diverted, then only 30% of the deposit shall be returned.
8.06.080 On-site practices.
During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste and keep records of the tonnage or other measurements approved by the city that can be converted to tonnage amounts. The compliance official will evaluate and may monitor each covered project to determine the percentage of waste salvaged and recycled or reused from the covered project. For covered projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.) and dimensional lumber, wallboard, concrete and corrugated cardboard.
8.06.090 Reporting.
A. Within 15 working days following the completion of the demolition phase of a covered project, and again within 15 working days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the compliance official that proves compliance with the requirements of PMC 8.06.030, Diversion requirement, and 8.06.060, Waste management plan. The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or is to be recycled, reused, salvaged Ordinance No. 1601
or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reusable waste salvaged or disposed is measured and recorded using the most accurate method of measurement available.
B. To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose. If a covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the compliance official before issuance of a building permit for the construction phase of a covered project. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the compliance official. Any deposit posted pursuant to PMC 8.06.070, Deposit required, shall be forfeited if the applicant does not meet the timely reporting requirements of this section.
8.06.100 Fines/penalties.
A. Each person, firm, corporation or other legal entity who fails to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of PMC Chapter 1.20.
B. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.
C. Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of Chapter 1.20 PMC and the city’s nuisance abatement regulations. The costs of abatement of any such nuisance shall be a lien upon the property involved.
8.06.110 Appeals.
The applicant or any interested person may appeal a decision of the compliance official made pursuant to this chapter to the City Manager by filing a written appeal with the city clerk, within 10 business days from the date of the ruling of the compliance official.
Determinations subject to appeal would include, but not necessarily be limited to: (A) the granting or denial of an exemption; (B) whether the applicant has acted in good faith; and (C) the amount of deposit to be released. The City Manager shall render a decision after the close of the appeal hearing and such decision shall be final, subject to review pursuant to Section 1094.5/1094.6 et seq. of the Code of Civil Procedure.
Ordinance No. 1601
8.06.120 C&D Ordinance Permit Fees.
As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall pay to the city a fee sufficient to compensate the city for all expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the then-current resolution of the city council determining the same.
SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance 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 (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 3. CEQA. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Furthermore, the project is exempt under Guidelines section 15308 because this is an action taken by a regulatory agency to assure the protection of the environment and involves procedures for protection of the environment.
SECTION 4. Permit Fee Amount. The initial amount of the C&D Ordinance permit fee described in section 8.06.120 shall be $75.00. This fee amount may be amended from time to time by resolution of the City Council. This fee amount shall be effective on the first day it is legally permissible for such fee to be effective.
SECTION 5. Effective Date. This ordinance shall become effective 30 days after its adoption.
Ordinance No. 1601
SECTION 6. Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.
PASSED, APPROVED and ADOPTED this 11th day of January, 2023. ________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ Scott E. Porter Rochelle Scott, Acting City Clerk
Interim City Attorney
I, Rochelle Scott, Acting 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 11th day of January, 2023 effective on the 10 th day of February, 2023 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: JANUARY 11, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: SARA GALLAGHER, COMMUNITY COMPLIANCE MANAGER
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1605, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
UPDATING, CONSOLIDATING, AND STREAMLINING SELECTED
PROVISIONS OF THE PALMDALE MUNICIPAL CODE TO COMPLY
WITH RECENT STATE AND FEDERAL LAW ENACTMENTS AN D
DECISIONS AND PROVIDE FOR MORE EFFICIENT
ENFORCEMENT OF CODE VIOLATIONS (AMENDING PMC
SECTIONS 1.12.040, 1.20.010(A), 1.20.040(B), 1.20.100(B), 1.20.170,
5.04.190(B)(1), 5.04.200(A)(1), 5.04.200(B)(1), 5.04.240(A),
5.04.250(E), 5.04.300(B), 5.04.310(A), 5.04.310(B), 5.04.360(B),
5.04.400(L)(2)(b), 5.04.400(M)(2)(b), 5.04.460, 5.04.660(H)(4)(d),
5.04.660(I)(2), 5.05.080, 5.44.090(C)(2), 8.04.200, 8.04.530, 8.04.820,
8.04.920, 8.20.090(B), 8.24.260(A), 9.30.070(A), 9.30.090, 9.30.100,
9.46.010, 9.46.020, 9. 46.030, 12.04.020, 12.04.100(G), 12.08.030,
13.11.140; ADDING PMC SECTIONS 2.08.090, 9.30.110;
REPEALING AND DELETING PMC CHAPTERS 8.10, 8.36; ADDING
PMC CHAPTERS 8.36, 12.28)
ISSUE
Introduction and adoption of Ordinance No. 1605, an Ordinance of the City Council of the City of Palmdale updating, consolidating, and streamlining selected provisions of the Palmdale Municipal Code to comply with recent state and federal law enactments and decisions and provide for more efficient enforcement of code violations (amending PMC sections 1.12.040, 1.20.010(A), 1.20.040(B), 1.20.100(B), 1.20.170, 5.04.190(B)(1),
5.04.200(A)(1), 5.04.200(B)(1), 5.04.240(A), 5.04.250(E), 5.04.300(B), 5.04.310(A),
5.04.310(B), 5.04.360(B), 5.04.400(L)(2)(b), 5.04.400(M)(2)(b), 5.04.460,
5.04.660(H)(4)(d), 5.04.660(I)(2), 5.05.080, 5.44.090(C)(2), 8.04.200, 8.04.530,
8.04.820, 8.04.920, 8.20.090(B), 8.24.260(A), 9.30.070(A), 9.30.090, 9.30.100,
9.46.010, 9.46.020, 9.46.030, 12.04.020, 12.04.100(G), 12.08.030, 13.11.140; adding PMC sections 2.08.090, 9.30.110; repealing and deleting PMC chapters 8.10, 8.36; adding PMC chapters 8.36, 12.28).
Report to Mayor and City Council
Re: Ordinance No. 1605
January 11, 2023
RECOMMENDATION
Staff recommends that the City Council:
1. Receive public testimony; and
2. Adopt Ordinance No. 1605.
BACKGROUND
This ordinance will update, consolidate, and streamline portions of the Palmdale Municipal Code (“PMC”) provisions related to prohibitions on sleeping on public lands, subpoena powers, previously adopted Health, Safety, and Technical Construction Codes, illegal cultivation of cannabis, real property maintenance and related nuisances, authority to withhold certain approvals for outstanding fines and fees, entertainment, graffiti abatement, availability of penalties and cumulative remedies, and storage of personal property in public places to ensure that the PMC comports with recent state and federal law enactments and to achieve more efficient enforcement of code violations.
DISCUSSION
Ordinance No. 1605 makes the following key proposals:
Prohibitions on Sleeping on Public Lands
The proposed amendments to Section 9.46.010 offer a clear definition of the prohibited habitation in vehicles and define set parameters of the times and locations vehicle habitation is prohibited, for example, at all times within a block of a park, school, or day- care facility and during specific evening and early morning hours elsewhere. The proposed amendments to Section 9.46.020 account for recent State law and allow for administrative enforcement of Section 9.46.010 creating another enforcement option without imposing criminal penalties. The proposed amendments to Section 9.46.030 updates cumulative remedies to make the content and language consistent and tailored to other PMC cumulative remedies sections such as Chapter 8.36. The proposed amendments to Section 8.24.260(A) update language and references to PMC Section
9.46.010 to account for the proposed amendments in 9.46.010 relating to prohibition of vehicle habitation.
General Provisions
The proposed amendments to Section 1.20.010(A) clarify language regarding City enforcement authority by using more broad and precise language to address obtaining compliance for violations of the City’s laws.
The proposed amendments to Section 1.20.170 ensure that the PMC is consistent with Government Code section 36900 requiring enforcement agencies to establish a process Report to Mayor and City Council
Re: Ordinance No. 1605
January 11, 2023
for a hardship waiver for second and third fines assessed due to an undue financial burden where the responsible party shows a bona fide effort to comply.
Subpoena Powers from Government Code Section 37104
Wherever any PMC Section references any particular type of hearing or hearing procedure are referenced, the section is updated to reflect subpoena powers prescribed in PMC Section 2.08.90, which authorize and provide the process for the City’s legislative body to issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it consistent with the State law authority in Government Code section 37104.
This ensures the City may provide for all necessary evidence for various types of hearings.
Specifically, the proposed subpoena powers amendments and additions are made for the following sections: Section 1.20.100(B) for administrative hearings; Section 2.08.090 providing authority for the Mayor to sign subpoenas; Section 5.04.190(B)(1) and Section
5.04.240(A) for City Council hearings; Section 5.04.300(B) to streamline the rules of evidence to reflect subpoena powers for multiple types of hearings; Section 5.04.360(B) to streamline references to City authority to issue subpoenas; Section 5.04.400(L)(2)(b) and Section 5.04.400(M)(2)(b) to ensure authority for subpoena powers for the City’s legislative body; Section 5.04.660(H)(4)(d) for City Council hearings to investigate rates, fares, and new schedules for taxicab services; Section 5.04.660(I)(2) for hearings before City Council for suspension or revocation of permits; Section 5.44.090(C)(2) for Board hearings; Section 8.20.090(B) for hearing officer authority to issue subpoenas; Section
12.04.020 for City Council public hearings; Section 12.04.100(G) for protest hearings; Section 16.24.050C of Section 12.08.030 for encroachment permit hearings; Section
16.24.160C of Section 12.08.030 newspaper dispensing devise violation hearings; Section 16.24.170C of Section 12.08.030 for appeal hearings; and Section 13.11.140 for permit denial hearings.
Streamlining Previously Adopted Health, Safety and Technical Construction Codes
The proposed amendments to Section 8.04.200 and Sections 103.3 and 105.7.6 of Section 8.04.200 add in adoption provisions for Palmdale Existing Building Code, streamline penalties of administrative provisions and cumulative remedies, and include and streamline references to subpoena power. The proposed amendments to Section
8.04.530 streamline penalties of the Palmdale Fire Code and references to cumulative remedies. The proposed amendments to Section 8.04.820 streamline penalties of the Palmdale Housing Code and references to cumulative remedies. The proposed amendments to Section 8.04.920 streamline penalties of the Uniform Code of Abatement of Dangerous Buildings and references to cumulative remedies to ensure consistency throughout the PMC.
Report to Mayor and City Council
Re: Ordinance No. 1605
January 11, 2023
Illegal Cultivation of Cannabis
The proposed amendments to Section 5.05.080 and Section 1.20.040(B) ensure compliance and consistency with recent changes to state law by broadening immediate imposition of administrative fines or penalties to include illegal cultivation of cannabis and repealing certain notice requirements previously required before issuing violations for illegal cultivation of cannabis.
Real Property Maintenance and Related Nuisances
The PMC has two chapters, Chapter 8.10 and Chapter 8.36, dealing with real property maintenance and related nuisances. The proposed amendments will consolidate these two chapters into one concise chapter, Chapter 8.36.
The proposed addition of Chapter 8.36 provides a streamlined chapter for the purpose of defining nuisances and establishing nuisance abatement procedures consistent with the City’s police powers and California Government Code Sections 38771 through 38773.7. Of note:
PMC Section 8.36.040 accounts for recent California Assembly Bill 2164 prohibiting persons attending inspections of commercial property to have a financial interest in the outcome of the inspection and includes language to protect the City from challenges if the City obtains civil inspection warrants without making a prior request for consent;
PMC Section 8.36.050 clarifies and consolidates nuisances from deleted Chapters 8.10 and 8.36 to have a comprehensive section that references and groups together related subgroups of nuisances to categories such as: nuisances under law, nuisances affecting land, landscapes, lots, nuisances affecting structures and structural components, nuisances affecting sanitation and blight, attractive nuisances, nuisances caused by vehicles, and other nuisances; PMC Sections 8.36.090 and 8.36.100 develop a procedure for City enforcement officers to prove informal and formal notice of substandard property to the property owner or responsible party;
PMC Section 8.36.130 streamlines the process, issuance, and service of a Notice and Order to Abate;
PMC Section 8.36.140 through 8.36.170 cover the process for requesting a hearing to contest the Notice and Order to Abate, the procedures for the hearing itself, authority for subpoena power, and procedure and issuance of hearing decisions;
PMC Section 8.36.190 and 8.36.200 covers emergency abatement and related cost recovery;
PMC Section 8.36.200 strengthens independent cost recovery for nuisance abatement, ensures all abatement costs are to be awarded in court action, broadens possible cost recovery while ensuring that criminal cost recovery is not permitted, and provides consistent procedure for requesting a hearing on reasonableness of abatement cost recovery; and
Report to Mayor and City Council
Re: Ordinance No. 1605
January 11, 2023
PMC Section 8.36.210 ensures the City is protected in situations where the Court does not award attorneys’ fees by including language enabling administrative options for recovery.
The proposed amendments to Section 1.12.040 clarify and expand abatement rights in light of consolidation of PMC Chapter 8.10 and PMC Chapter 8.36.
City’s Authority to Withhold Permit Approvals for Outstanding Fines/Fees Owed The proposed amendments to Section 5.04.200(A)(1), Section 5.04.200(B)(1), Section
5.04.310(A), and Section 5.04.310(B) provide authority and add key language for the City to deny, revoke, or suspend business permits for outstanding fines and fees owed to the City and provides City discretion for approval after receipt of proof of payment.
The proposed amendments to Section 5.04.250(E) clarify processes the City must follow to ensure due process for permittees’ appeal of City denial of permit renewals.
Entertainment Permit
The proposed addition of Subsection (E) “Prohibitions; Revocation” to Section 5.04.460 provides a prohibition against, and confirms related City authority to deny, revoke or suspend, entertainment permits for adult oriented businesses not in compliance with applicable law or for other described activities and clarifies related remedies.
Graffiti Abatement
The proposed amendments to Section 9.30.070(A) clarify cost recovery provisions for graffiti abatement and ensure that the current liability value is consistent with Government Code section 38772 joint and several liability of a minor’s parents or guardian for the minor’s defacement of property, not to exceed $47,100 as currently provided by the California Judicial Council or future amount it sets.
The proposed amendments to Section 9.30.090 clarify abatement authority relating to graffiti abatement by making abatement options under PMC Chapter 8.36 available and applicable to graffiti abatement. This Section specifies when and how the City may remove graffiti on private property and reaffirms the City’s additional remedies.
The proposed addition of Section 9.30.110 clarifies language regarding authority for cost recovery for graffiti abatement under PMC Chapter 8.36 and language relating to the City’s authority to make a lien or special assessment against the property of a parent or guardian who has custody of a minor who defaced property if the City was forced to incur the expense of abatement for such defacement.
The proposed amendments to Section 9.30.100 clarify that additional penalties for graffiti violations may be imposed through sentencing and streamline language relating to cumulative remedies to ensure consistency throughout all PMC remedy provisions.
Report to Mayor and City Council
Re: Ordinance No. 1605
January 11, 2023
Storage of Personal Property in Public Places
The proposed addition of Chapter 12.28 adds a process to address abandoned personal property on public lands, provides definitions for prohibited storage of personal property in public areas, outlines the prohibitions and penalties for violations, including the City’s discretion to treat as infractions or misdemeanors, and gives guidelines on the impoundment, storage, disposal and reclamation/return of seized personal property with attendant notices to be given, evidence to prove ownership, and processes the City must follow to ensure due process.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC PLAN
Maintain safe and attractive neighborhoods, streets, facilities, and public spaces.
Prepared by: Sara Gallagher, Community Compliance
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, Interim City Attorney
ATTACHMENT
Ordinance No. 1605
CITY OF PALMDALE
ORDINANCE NO. 1605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE UPDATING,
CONSOLIDATING, AND STREAMLINING SELECTED PROVISIONS OF THE PALMDALE MUNICIPAL
CODE TO COMPLY WITH RECENT STATE AND FEDERAL LAW ENACTMENTS AND DECISIONS
AND PROVIDE FOR MORE EFFICIENT ENFORCEMENT OF CODE VIOLATIONS WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Palmdale Municipal Code (“PMC”) periodically to comply with recent state and federal law enactments and decisions and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare; and
WHEREAS, in light of recent state and federal law enactments and decisions as well as recent efforts to ensure more efficient enforcement of the Palmdale Municipal and other laws which the City is empowered to enforce, the City Council has identified amendments, adoptions, and/or deletions to be made to the Palmdale Municipal code relating to regulations on camping or sleeping in public places; the City’s legislative body’s authority to issue subpoenas; immediate imposition of fines for violations relating to the illegal cultivation of cannabis; hardship waiver for administrative fines; consolidating regulations for public nuisances and property maintenance in Chapter 8.10 and Chapter 8.36, respectively, including what constitutes a nuisance and cost recovery for nuisance abatement; grounds to issue, renew, and revoke permits, licenses, or other approvals; cumulative remedies for enforcement of laws; civil damages relating to graffiti violations; restrictions on potential financially interested third parties at commercial inspections; procedures for abandoned personal property on public property; and other related provisions; WHEREAS, recently the United States Supreme Court denied review of the Ninth Circuit Court of Appeal decision in Martin v. Boise, which generally declared that regulations that prohibit sleeping outside on public property when no other available shelter is available are impermissible, making the Martin v. Boise decision binding upon the City, and as a result, the City Council has identified key changes to its current public camping and sleeping provisions in the PMC to comply with the new law; WHEREAS, recently the Ninth Circuit more broadly expanded Martin v. Boise in Johnson v. City of Grants Pass , applying the same rule from Boise to sleeping in vehicles and also prohibiting fines for enforcement generally, and as a result, the City Council has identified key changes to its current public camping and sleeping provisions in the PMC to comply with the new law; WHEREAS, recently several California Courts of Appeal issued decisions about local agencies’ regulations on prohibiting sleeping in vehicles on public streets and have given guidelines on making such regulations compliant with the law, and as a result, the City Council has identified key changes to its current regulations on sleeping in vehicles on public streets in the PMC to ensure no legal issues arise; WHEREAS, Government Code section 37104 enables a legislative body to issue subpoenas for the attendance of a witness or production of documents in any action or proceeding before it, the majority of the City’s code currently does not allow for such action, and as a result, the City Council has determined to include such provisions in the PMC to ensure key witnesses and evidence will be present for proceedings before it;
WHEREAS, recent California Assembly Bill 2164—codified in Government Code section 53069.4(a)(2)(B)—allows local agencies to impose immediate fines or penalties for the violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis, and as a result, the City Council has Ordinance 1605 – Efficient Enforcement of Code Violations
determined to impose such immediate fines or penalties in the PMC to ensure strong enforcement options against such illegal activity;
WHEREAS, recent California Assembly Bill 2598—codified in Government Code section 36900(d)—requires any city levying a fine for second and third violation under Government Code 36900(b)(2),(3) and (c)(2),(3) to establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party, and as a result, the City Council has determined to include said hardship waiver in the PMC to comply with the law;
WHEREAS, the City Council has determined to consolidate, streamline, and clarify its regulations in the PMC for public nuisances and property maintenance in Chapter 8.10 and Chapter 8.36, respectively, including what constitutes a nuisance and cost recovery for nuisance abatement as permitted under Government Code sections 38771, 38773, 38773.1, 37773.5 and other laws to ensure a more efficient and clear approach to nuisance abatement in the City;
WHEREAS, recent California Assembly Bill 2485—codified in Health and Safety Code section 26250—restricts potentially financially interested third parties from being present during inspections of commercial properties, and as a result, the City Council has determined to make such clarification and other related clarifications in the PMC to ensure transparency in its inspections and inspection processes; WHEREAS, the City Council has determined to clarify and streamline the cumulative remedies available to it under the law for applicable PMC, State, and Federal laws it is empowered to enforce to ensure consistency and transparency across the PMC’s various provisions for penalties, enforcement, or otherwise remedies available to it including for public nuisances as provided in Civil Code 3491; WHEREAS, the City has determined to update the grounds under which it may issue, renew, and revoke permits, licenses, or other approvals it offers in the PMC to ensure the City may withhold such approvals, if need be, to applicants who are in violation of the law or owing fees or fines to the City to ensure equity and fairness to the public who otherwise suffers from such violations of law or lack of public funding due to outstanding debt owed to the City;
WHEREAS, the City has identified the updated amount of civil damages for the joint and several liability of a minor and his/her parent or guardian for the defacement of property of another with paint or a similar substance published by the California Judicial Council as identified in Civil Code section 1714.1, and wishes to update the PMC to include this updated amount; and WHEREAS, the City has experienced an increase in the accumulation of personal property left by unknown persons in public areas, which constitute a threat to the peace, health, safety and/or general welfare of the public and have disrupted the use and enjoyment of such public space and thus desires to remove such personal property in a manner that is consistent with State and Federal law and which promotes the health, safety, and general welfare of those who use these public lands; and WHEREAS, said amendments, adoptions, and/or deletions of the Palmdale Municipal Code are permitted by law, including the California Constitution, Government Code, and Civil Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALMDALE HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Section 9.46.010 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Definitions
Ordinance 1605 – Efficient Enforcement of Code Violations
(1) “Camping” means residing in or using any public street, publicly owned property, public park, or other prohibited public place for living accommodation, lodging, or sleeping purposes, as exemplified by remaining for prolonged or repeated periods of time not associated with ordinary use of the street, property, or public place, with one’s possessions or while storing one’s possessions (including but not limited to clothing; sleeping bags, bed rolls, blankets, sheets, hammocks, or other sleeping implements; luggage; backpacks; kitchen utensils; cookware; and food or beverages), cooking or consuming meals, or lodging in a parked vehicle. These activities constitute camping when it reasonably appears in light of all the circumstances that a person is using the street, property, or place as a living, lodging, or sleeping accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged. (2) “Human habitation” means that a person is using a vehicle for living purposes, including for example, sleeping; bathing; preparing or cooking meals; possessing or storing items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear or furniture set up in or around the vehicle, such as chairs, tables, umbrellas, food, water, personal grooming items, containers of feces or urine, or obstructions to some of all of the vehicle’s windows; and using the vehicle or vicinity of the vehicle for sanitation purposes, such as maintaining litter, rubbish, or waste in or around the vehicle or having human or pet urination or defecation in or around the vehicle.
For purposes of this Section, evidence of human habitation may include observations, considering all the circumstances, of the examples in this Subsection. (3) “Prohibited public places” means any public place not designated as a public campground pursuant to federal, state, or local statute or ordinance and shall include the following:
(a) Public streets, sidewalks, alleyways, passageways, paseos, and rights-of-way; (b) Publicly owned property;
(c) Public parks, except as may be permitted under PMC 8.24.260; (d) Public parking lots, whether privately owned or publicly owned; (e) Public landscaped areas, whether publicly owned or privately owned and maintained pursuant to a public landscape easement;
(f) Private property that is readily accessible to the general public, or is otherwise open to common or general use or view;
(g) Vacant lots;
(h) Drainage culverts and basins
(B) Prohibitions
(1) No person shall camp, lodge, or sleep on a public street, on publicly owned property, and in public parks and other prohibited public places when the number of available beds in shelters is greater than the number of homeless individuals in the City; provided, that nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under federal, state or local statute or ordinance.
(2) No person shall use a vehicle for human habitation on any street or public property , unless the street or public property is specifically authorized for such use pursuant to a permit or license Ordinance 1605 – Efficient Enforcement of Code Violations
authorized under federal, state or local statute or ordinance or when the number of available beds in shelters is greater than the number of homeless individuals in the City, as follows:
(a) between the hours of 10:00 p.m. and 6:00 a.m.
(b) at any time, within 500 feet of a residence, meaning a building used for living, including a house, condominium, apartment unit, or other similar dwelling unit affixed to real property. (c) at any time, within a one block radius of any edge of a lot containing a park or a licensed school, pre-school or daycare facility.
SECTION 2: Section 9.46.020 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) This chapter may be enforced by Peace Officers and by the City of Palmdale employees specified in Chapter 1.16 PMC and Enforcement Officers as specified in 1.20 PMC. (B) Violations of this chapter may be punished only as an infraction or as an administrative violation as set forth in Section 1.12.010(C), (D) PMC and in no event shall any fine be issued. (C) No citation for a violation of PMC Section 9.46.010(B)(1) and (B)(2) issued pursuant to the enforcement authority of this Section, whether criminal, civil, or administrative, shall be issued to any person unless, at the time in question, the enforcement officer, in his or her reasonable discretion, is able to make an affirmative determination that there is an available bed in a shelter in the City, which includes a temporary shelter for individuals who do not have permanent housing, based on the information known to the enforcement officer at the time. In determining whether there is an available bed in a shelter, the enforcement officer shall consider all the circumstances and the policies and requirements of an available bed in a shelter, and whether it is practicable for the person to seek shelter there or elsewhere.
SECTION 3: Section 9.46.030 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
The City may enforce any violation of this Chapter by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement.
These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 4: Section 8.24.260(A) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) A person shall not camp or sleep overnight in any park as provided in PMC section 9.46.010 except where a family-type camping area is so designated and then only in accordance with the rules and regulations governing the use of the area. The Director may issue a permit to any youth group of a character-building nature and to any special interest group permitting its members as a group to camp overnight at a designated location in a park if he finds:
(1) That, in the case of a youth group, the group was organized in good faith and not for the purpose of obtaining a permit under this section and the members of the group will be supervised during the camping by an adequate number of responsible adults and the overnight camping will not interfere with or in any way be detrimental to the park or interfere with the uses thereof; and (2) That the group has agreed to the conditions contained in the permit.
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SECTION 5: Section 1.20.010(A) of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Use of this chapter shall be at the sole discretion of the City and is one remedy that the City has to address violations of the Palmdale Municipal Code. By adopting this chapter, the City does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof, to obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City
SECTION 6: Section 1.20.170 of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
1.20.060 Payment of administrative penalties, late charges – Interest; Hardship Waiver (A) A citee shall pay the administrative penalties listed on the citation to the City within 20 calendar days from the issuance date of the citation unless the citee applies for a fine hardship waiver pursuant to Section
1.20.060(B), and in such case, cite shall pay the administrative penalties as provided in Section
1.20.060(B). For penalties not paid in full within that time, a late charge in the amount set forth by resolution of the City Council is hereby imposed and must be paid to the City by the citee. Penalties not paid within the time established by resolution of the City Council shall accrue interest at the rate set forth therein. (B) Fine Hardship Waiver
(1) When the City imposes a second or third fine pursuant to the City’s Fee Resolution noted in Section 1.20.010(D), any citee who has made a bona fide effort comply after the first violation and who would suffer an undue financial burden if required to pay the full amount of a second or third fine imposed under this Chapter, may request a waiver to reduce the amount of the imposed fine by completing and submitting the City-approved application form for a fine hardship waiver (hereafter the “fine hardship waiver”). This fine hardship waiver form and all required accompanying records must be submitted within 20 days of issuance of the fine to the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550, or such other office as may be designated by the City Clerk.
(2) To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the citee’s bona fide effort to comply after the first violation and substantiation on the citee’s suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the citee’s bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the citee’s undue financial burden if required to pay the fine may include, without limitation, accurate, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for 12 months preceding submittal of the fine hardship waiver application. After a determination is made on the citee’s fine hardship waiver application, the City will destroy the documents submitted by a citee for a fine hardship waiver without prior notice to the citee.
(3) The City will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non- appealable. The decision shall be served upon the person requesting the fine hardship waiver by first class mail.
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(4) If the City determines that the citee is not entitled to a fine hardship waiver, the citee shall make payment of the full fine with the Office of the City Clerk, (or the City Clerk’s designee), within seven calendar days of the date the decision is deposited with the U.S. Postal Service so long as the payment deadline is no less than 20 calendar days from the issuance date of the citation if the decision, otherwise, within 20 calendar days from the issuance date of the citation. If the City determines that the citee is entitled to a fine hardship waiver, the citee shall make payment of the revised fine amount with the Office of the City Clerk (or the City Clerk’s designee) within seven calendar days of the date the decision is deposited with the U.S. Postal Service or deadline stated in the written decision if a deadline is noted in the decision. In the event the City Clerk (or the City Clerk’s designee) does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth therein by the City Council; and (2) the City may take further action to ensure payment as provided by law. (C) Administrative penalties and any late charges and interest due shall be paid to the City at such location or address as stated in the citation, or as may otherwise be designated by the City Manager. (D) Upon confirmation of a citation or when the citation is deemed confirmed, all unpaid administrative penalties shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments including but not limited to recordation to create a lien on any real property owned by the responsible person. The City shall be entitled to recover its attorney fees and costs incurred in collecting any administrative penalty, late charges and/or interest. (E) Payment of the administrative penalty shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the code. (F) Abatement of a violation shall not excuse the obligation of a citee to pay an administrative penalty, and any late charge or interest.
SECTION 7: Section 1.20.100(B) of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a violation and responsibility therefor by a preponderance of evidence. The citation is prima facie evidence of the violation, however, and the Officer who issued the citation is not required to attend or participate at the hearing. The citee(s), and Officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the City therefor. The Hearing Officer may question any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 8: A new Section is hereby added to Chapter 2.08, Title 2 of the Palmdale Municipal Code to read as follows:
2.08.090 Mayor to Sign Subpoenas
Pursuant to Government Code section 37104, et seq., the legislative body may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it and the subpoenas shall be signed by the Mayor and attested by the City Clerk.
SECTION 9: Section 5.04.190(B)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
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(B) Hearings. The City Council shall have the authority to conduct all hearings required of it under this chapter. Such hearings shall be conducted as follows:
(1) Testimony and Other Evidence. At the time set for the hearing, or on any date to which the hearing may be continued, the City Council shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 10 Section 5.04.240(A) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Permit Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business permit to procure, post or maintain in effect any bond, undertaking, deposit, or policy of insurance, any business permit issued is valid only while such bond, undertaking, deposit, or policy of insurance is in full force and effect. The business permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit, or policy of insurance is not in full force and effect. The Director shall notify the permittee in writing of any suspension pursuant to this section. Within 10 days thereafter, the permittee may request in writing a hearing before the City Council. The City Council shall conduct a hearing in a manner consistent with PMC 5.04.360 and, as warranted by the evidence received at the hearing, may revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of 10 days following the notification of suspension.
SECTION 11: Section 5.04.300(B) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Rules of Evidence. Hearings need not be conducted according to technical rules of evidence. Oral evidence shall be taken only on oath or affirmation. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 12: Section 5.04.360(B) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Conduct of Hearing. Upon receipt of the documentation required by subsection (A) of this section, the City Council shall conduct the appeal. The City Council may, at its discretion, receive new evidence or testimony which is not part of the record upon a showing that it could not, in the exercise of due diligence, have been presented at the time of the Director’s decision. The City Council may hear and consider additional argument and points and authorities of law, and may require the parties before it to submit such argument and points and authorities of law prior to rendering any decision on the appeal. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 13 : Section 5.04.400(L)(2)(b) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(b) Hearings. Hearings shall be conducted in accordance with procedures established by the Director. All parties involved shall have a right to: (1) offer testimonial, documentary, and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this subsection may be continued for a reasonable time for the convenience of a party or a witness. The City may issue subpoenas requiring Ordinance 1605 – Efficient Enforcement of Code Violations
attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 14 : Section 5.04.400(M)(2)(b) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(b) Hearings. Hearings shall be conducted in accordance with procedures established by the Director. All parties involved shall have a right to: (1) offer testimonial, documentary, and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this subsection may be continued for a reasonable time for the convenience of a party or a witness. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 15 : Section 5.04.660(H)(4)(d) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(d) The City Council shall have the power, following a hearing upon its own motion or upon a complaint, to investigate a single rate or fare or the entire schedule of rates and fares in effect, which are charged, demanded or collected for taxicab service and to authorize new rates or fares or new schedules thereof. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 16: Section 5.04.660(I)(2) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(2) Suspension or Revocation Hearing by the City Council. Whenever a permit granted or issued under the provisions of this section is temporarily suspended by the Director, a written report of such action or recommended action shall be filed by the Director with the City Clerk for submission to the City Council. Concurrently, a copy of such report shall be mailed to the permittee, together with a notice that the matter will be set for hearing by the City Council at its next regular meeting, giving the date, time and place of such meeting. The City Clerk shall set the matter for hearing by the City Council at its next regular meeting, and the City Council shall, at such hearing or continuance thereof, hear such evidence as may be offered, and, in its discretion, affirm, modify or reverse the action taken or recommended. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 17: Section 5.44.090(C)(2) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(2) A hearing of the Board shall commence not later than 60 days from the date the application is determined complete. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 18: The first paragraph of Section 8.04.200 and Sections 103.3 and 105.7.6 of Section
8.04.200 of Chapter 8.04, Title 8 of the Palmdale Municipal Code are hereby amended to read as follows:
The following provisions are adopted as the administrative provisions and constitute Chapter 1 of the Palmdale Building Code, Palmdale Plumbing Code, Palmdale Mechanical Code, Palmdale Residential Code, Palmdale Existing Building Code, Palmdale Green Code and Article 89 of the Palmdale Electrical Ordinance 1605 – Efficient Enforcement of Code Violations
Code to read and to be cited as set forth herein below. The subsections are numbered to be consistent with the numbering of the codes adopted by reference.
…
Section 103.3 is amended to read as follows:
Violations of any provision of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code is punishable as set forth in Palmdale Municipal Code Title 1, are deemed to be a nuisance, and may be abated as such by the City as provided in PMC Chapter 8.36. It shall constitute a new and separate offense for each and every day or portion thereof during which any violation of any of the provisions is committed, continued or permitted. The City may enforce any violation of these codes by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, the provisions for punishment in this Subsection are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code. …
Section 105.7.6. is amended to read as follows:
The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. It is a violation of the Code punishable as set forth in Title 1 of this Code for any person to refuse without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena.
SECTION 19: Section 8.04.530 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
A new Section 3308.12 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.12. Violations and Penalties.
(A) Every person violating any provision of the Palmdale Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is otherwise specifically declared to be an infraction by the fire code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. (B) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Chapter 1.12 PMC.
(C) For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction. (D) Violations of any provision of the Palmdale Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto are deemed to be a nuisance, and may be abated as such by the City as provided in PMC Chapter 8.36. The City may enforce any violation of this code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, the provisions for punishment in this Subsection are in addition to and independent of any other sanctions, penalties or Ordinance 1605 – Efficient Enforcement of Code Violations
costs which are or may be imposed for a violation of any of the provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.
SECTION 20: Section 8.04.820 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
It is unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip or perform any other work on any building or structure or portion thereof, or perform any grading in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.
It is unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.
Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation, such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this code are deemed to be a nuisance and may be abated as such by the City as provided in PMC Chapter 8.36. The City may enforce any violation of this code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, the provisions for punishment in this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.
SECTION 21: Section 8.04.920 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
It is unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip or perform any other work on any building or structure or portion thereof, or perform any grading in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.
It is unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.
Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this code are deemed to be a nuisance and may be abated as such by the City as provided in PMC Chapter 8.36. The City may enforce any violation of this code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, the provisions for punishment in this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.
SECTION 22: Section 8.20.090(B) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
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(B) The hearing officer shall not be limited by the technical rules of evidence. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial.
SECTION 23: Section 12.04.020 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of the hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time.
At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
SECTION 24: Section 12.04.100(G) of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
(G) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90; SECTION 25: Section 16.24.050C of Section 12.08.030 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
C. The encroachment permit may authorize less than all of the locations proposed by the applicant for the installation or maintenance of newspaper dispensing devices. If a proposed location is disapproved by the Director, the applicant shall be given written notice of the reasons for such disapproval. The applicant shall have the right to a hearing on such determination in accordance with the provisions of Section 16.24.160.
Disapproval of a proposed location shall not preclude the applicant from subsequently submitting a new and additional application for encroachment permit designating another proposed location. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 26: Section 16.24.160C of Section 12.08.030 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
C. At the hearing, any person may present evidence or argument as to whether the newspaper dispensing device was in violation of this chapter, whether it was properly removed and impounded, and whether it should be returned without payment of an impound fee. Such hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
SECTION 27: Section 16.24.170C of Section 12.08.030 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
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C. Upon receipt of the appeal, the city manager’s determination, and other relevant documents, and as soon as practical, the administrative hearing officer shall conduct a hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. The administrative hearing officer may thereafter take any of the following actions:
1. Approve, reverse or modify the city manager’s determination; or
2. Refer the matter back to the Director with or without instructions.
SECTION 28: Section 13.11.140 of Title 13 of the Palmdale Municipal Code is hereby amended to read as follows:
The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. Within 30 days after the close of the appeal hearing, the Administrative Hearing Officer will issue a written decision to:
(A) Confirm the action of the Director in denying a permit or issuance of a permit subject to special conditions and limitations; or
(B) Instruct the Director to issue a permit without conditions or limitations or with such special conditions and limitations as the Administrative Hearing Officer may designate; or (C) Continue suspension of an existing permit invoked by the Director pending correction of objectionable conditions by the permittee; or
(D) Remove the suspension of an existing permit invoked by the Director pending correction of objectionable conditions by the permittee; or
(E) Deny that objectionable conditions exist and reinstate an existing permit; or (F) Revoke an existing permit on any of the following grounds:
(1) Failure of the permittee to correct conditions as required by the Director; (2) Conditions which would justify the denial of a permit; (3) Fraud or deceit was employed in the obtaining of a permit; (4) Any other violation of this chapter or of any permit, license or exception granted hereunder; or
(G) Take any other appropriate action regarding the appealed permit, license, condition, limitation or exception.
SECTION 29: Section 5.05.080 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
Any violation of any of the provisions of this chapter shall be punishable as set forth in PMC Title 1. In addition, as set forth in PMC Title 1, any violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements as a result of, or to facilitate, the illegal cultivation of cannabis shall be punishable through the immediate imposition of administrative fines or penalties. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.
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SECTION 30: Section 1.20.040(B) of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith together with a notice to abate in accordance with PMC Title 8. In the absence of an immediate danger, a citation for such a violation shall not be issued pursuant to this chapter unless the responsible person has first been provided with notice to abate and a reasonable period, as determined by the Officer, in which to abate or correct the violations or unless the violation involves building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements as a result of, or to facilitate, the illegal cultivation of cannabis.
SECTION 31 : Chapter 8.10 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.
SECTION 32 : Chapter 8.36 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.
SECTION 33: A new Chapter 8.36 is hereby added to Title 8 of the Palmdale Municipal Code to read as follows:
8.36.010 Title.
This chapter shall be known and may be cited as “the ordinance regulating property maintenance.”
8.36.020 Findings and purpose.
This chapter is adopted pursuant to the City’s police powers and California Government Code Sections 38771 through 38773.7, including any successor statutes, for the purpose of defining nuisances and establishing nuisance abatement procedures. Nothing contained in this Chapter is intended to, nor shall it, preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the proceedings established by this Chapter to enforce this code or other applicable law.
The City Council has determined that the quality of life in the City of Palmdale is directly linked to the character and condition of its agriculture, commercial, industrial and residential neighborhoods. It is the purpose of this chapter to provide maintenance standards which shall serve to enhance the value of land and development within the City, and protect the livability, appearance, social and economic conditions, integrity, and character of the community, and secure the public's health, safety and welfare. This chapter aims to ensure that all properties in the City, whether improved or unimproved, do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of surrounding property, be materially detrimental to nearby properties and improvements, and/or create blight.
It is the expressed purpose of this Chapter to declare that property owners shall be responsible for maintaining the land, all structures, landscaping, accessory structures, paved areas, appurtenances, fences and personal property situated on lots and premises in the City, be it improved and unimproved commercial, residential, industrial and open space land located within the City, in a manner required to protect the health and safety of users, occupants and the general public. This responsibility cannot be contracted, transferred, assigned, or conferred to another person or entity. This Chapter is intended to promote compliance with the goals, policies and implementation measures of the Palmdale general plan, specifically by establishing Ordinance 1605 – Efficient Enforcement of Code Violations
minimum standards and procedures to allow the enforcement of laws within the City, including the abatement of nuisance areas within the City
8.36.030 General Definitions.
The definitions set forth in Chapter 1.20 PMC are applicable to this Chapter.
8.36.040 Inspection.
(A) Authorized Representatives. The Enforcement Officer is authorized to make inspections and take such actions as may be required by this chapter to abate nuisances. No person attending any inspection of a commercial property shall have a financial interest, actual or potential, in the outcome of the inspection. (B) Inspection of Premises. Whenever there is reasonable cause to believe that a condition, activity, or use of property exists which constitutes a public nuisance or hazard or there is a reason to believe that a condition of nonconformity exists, the Enforcement Officer may request to enter the premises at a reasonable time for the purpose of inspection. If the premises are occupied, entry shall be requested and appropriate identification shall be presented. If the premises are unoccupied, a reasonable effort, as deemed appropriate by the Enforcement shall be made to locate the property owner and to obtain the right of inspection in accordance with State law. The City may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect.
8.36.050 Conditions Constituting a Nuisance
The following are hereby declared to be nuisances within the City of Palmdale:
(A) Nuisances Under Law
(1) Any nuisance known at common law or in equity jurisprudence; (2) Any nuisance as defined by State law, including California Civil Code sections 3479 and 3480; (3) Any condition caused or permitted to exist in violation of any provision of the Palmdale Municipal Code, codes or other laws adopted by the City of Palmdale, or State or Federal law enforceable by the City as well as any condition of approval, permit, or other authorization given by the City of Palmdale or other governing jurisdiction;
(4) Any condition or use of property in violation of the provisions of the Palmdale Zoning Ordinance; and
(5) Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare.
(B) Nuisances Affecting Land, Landscapes, Lots
(1) Any condition of vegetation overgrowth, dirt or land erosion which encroaches into, over or upon any public right-of-way, including, but not limited to, streets, alleys or sidewalks, so as to constitute either a danger to the public safety or an impediment to public travel; (2) Excessive overgrowth of vegetation, dead, decayed or diseased trees, growth of weeds or deposit of garden waste that are likely to harbor rats or vermin and constitute a fire or health hazard. Weeds include plants which bear seeds of a downy or wingy nature and any other plants, including tumbleweeds, which attain such large growth as to become, when dry, a fire menace to adjacent property, plants which are otherwise noxious or dangerous when the conditions of growth are such Ordinance 1605 – Efficient Enforcement of Code Violations
as to constitute a menace to the public health, dry grass, stubble, brush, refuse or other combustible material which endangers the public safety by creating a fire hazard; (3) Overgrown, dead trees, weed, debris or other vegetation causing detriment to neighboring properties or property values, creates a condition considered dangerous to the public health, safety and general welfare due to a variety of factors, including, but not limited to, obstruction of vehicular line of sight, impairment of vehicular traffic or the ability to clearly observe safety signs and signals, or constitute an unsightly appearance that has the potential to degrade or negatively impact the appearance of surrounding properties;
(4) The accumulation of lumber, junk, trash, debris or salvage materials so as to be visible at ground level from a public street, alley or from adjoining property, except that nothing herein shall preclude the placement of firewood when stacked in accordance with applicable health and fire codes for use on the premises;
(5) Poison oak and poison ivy when the condition of growth is such as to constitute a menace to the public health
(6) Any dangerous land conditions or land instability;
(7) The accumulation of animal feces or animal-related wastes; (8) Any yard that is in public view, in which the lack of landscaping, irrigation or maintenance results in the exposure of an area greater than six (6) square feet of bare dirt or is substantially dissimilar to the condition of landscape on surrounding properties. This requirement does not apply to that portion of a lot which is under cultivation of a crop or orchard, or which is landscaped with shrubs or ornamental plant material.
(9) The covering of the required landscape area in any yard in public view, with unnatural or synthetic materials whose general use is not intended for use as outdoor landscape material, such as but not limited to, carpet, plastic sheeting, or paper products. (10)Storage of landscape debris in any yard in public view, for a period of time exceeding seven (7) calendar days unless screened from view by a five-foot-high wall or opaque fence. (11)Refuse, rubbish, or nuisance waste due to any construction activity that accumulates in any yard for a period exceeding seven (7) calendar days, unless it is screened from public view by a five- foot-high wall or opaque fence.
(12)Storage of construction equipment, machinery, or building materials in any yard for a period of time exceeding seven (7) calendar days, unless they are screened from view by a five-foot-high wall or opaque fence. If building materials are kept for a period of time greater than seven (7) days on any property, they shall be kept out of public view, and stacked in an orderly manner at least six (6) inches off the ground so as to reduce the likelihood of attracting rats, rodents or vermin. (13)Any gardening items and related equipment stored in the front yard or in a side yard or back yard abutting a street for a period in excess of seven (7) calendar days, unless they are screened by a five-foot-high wall or opaque fence.
(14)Any property not maintained in accordance with the following landscaping requirements:
Landscaping shall be maintained (watering, fertilizing, weeding, mowing, pruning, etc.) by the landowner (unless otherwise noted in a rental agreement and/or contract between the landlord and tenant) in accordance with the following: Sites shall be kept clean and maintained at all times.
Weeds and trash (wind blown or otherwise) shall not be allowed to accumulate on the site.
Vegetation shall receive sufficient water and other required customary care to maintain health and Ordinance 1605 – Efficient Enforcement of Code Violations
vigor to the maximum extent possible. Pruning and mowing shall be used to maintain plant health and vigor while enhancing its form and structure. Lawn/grass turf blades shall be maintained to not exceed eight inches from grade in height. All dead or obviously unhealthy plant material shall be replaced with new material which is comparable to original installation. (C) Nuisances Affecting Structures and Structural Components Structures or buildings, both permanent and temporary, or other improvements, including, but not limited to, walls, fences, pools, slabs and utility extensions, which exhibit any of the following conditions are deemed to be nuisances:
(1) Buildings or structures or significant sections thereof including, but not limited to, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially broken, deteriorated, or defaced.
(2) Additions, alterations or modifications to the structure, roof, or fences and walls which are not compatible with the existing structure or features such as doors, windows, screens, roofs, rooftop appurtenances, fences, walls, or architectural treatment, not consistent with existing construction, or is substantially dissimilar to surrounding property. (3) Any roof, or portions thereof, that is damaged, dilapidated, or inadequately or improperly maintained such that it is structurally unsafe, or allows penetration of water to the sub-structural elements such as sheathing, roofing felt, rafters, or ceiling, or exposes sub-structural elements to view, or is missing roof material, or is substantially dissimilar to surrounding properties. (4) Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.
(5) Garage doors that are missing, broken, sag or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.
(6) Any portion of a building which are structurally unsafe, damaged, dilapidated, in non-conformance with specific provisions mentioned elsewhere in the zoning ordinance or approved development plans either entirely or in part, or which constitute a fire or other hazard; (7) Any portion of a building that is unpainted or untreated so as to expose raw building material to the elements or which is visible from any public right-of-way, street or alley and have faulty weather protection as determined by the Building Official;
(8) Have crumbling, cracked, missing, broken or loose exterior stucco or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows or doors;
(9) Unpainted buildings causing dry rot, warping and termite, insects, or vermin infestation, or have paint which is cracked, peeled or blistered rendering the building in such a state of disrepair as to be unsightly;
(10)Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; (11)Any portion of a building which has damaged woodwork or wall coverings including, but not limited to, unpainted surfaces, chipped or peeling paint, damaged brickwork, stonework, stucco, or wood, such that the affected area is in excess of the following:
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(12)Are abandoned, partially destroyed or left in a state of partial construction and where the appearance or other conditions of any such building or structure substantially detracts from the appearance of the immediate neighborhood, have windows containing broken glass, or no glass at all where the window is of a type which normally contains glass, thereby creating hazardous conditions and inviting trespassers and malicious mischief. Plywood or other similar material (of at least one-half-inch thickness) shall be used to cover such window space. When such covering is required for an extended period of time, the material shall be painted in a color or colors consistent with the remainder of the structure;
(13)Are unoccupied and have been left unlocked or otherwise open and unsecured from intrusion by persons, animals or the elements;
(14)Have exterior walls, fences, driveways, sidewalks or landscape elements which do not require a building permit and which are in a hazardous condition, or hinder free access to public sidewalks, or are in such a state of disrepair as to be unsightly. (15)Any swimming or architectural pools or spas not properly maintained so as to create a safety hazard or harbor insect infestation, or create a visible deteriorated or blighted appearance, including but not limited to: water in such pools or spas which has been allowed to stagnate, or to become stale or foul through lack of circulation; pools in which the bottom and sides of the pool or spa are not reasonably free of sediment, dirt, slime and algae; water not sufficiently clear so that the main drain outlet is clearly visible to an adult standing on the pool deck; a lack of fencing or other barriers required for swimming pool and spa enclosures as required by PMC Chapter 8.08, and premises constituting a safety hazard inclusive of, but not limited to, lack of security, water stagnation, or abandoned pools, regardless of whether or not there is water in the pools; (16)Pools, spas, fountains, ponds and tanks which are not maintained in a safe and sanitary manner; (17)Grading which does not meet the minimum standards of the City or any other County or state law regulating grading; and
(18)Freestanding mailboxes that are not maintained in good repair or are not structurally intact. (D) Nuisances Affecting Sanitation and Blight
(1) Outdoor storage, so as to be visible at ground level from a public street or from adjoining property, as a part of a continuing practice, of any of the following items:
a. Broken or discarded furniture, appliances, boxes and containers, play equipment, toys and similar household articles;
b. Abandoned, inoperative, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats or other recreational vehicles;
c. Discarded, wrecked or inoperable machinery and tools; d. Salvage materials, scrap metal or other building and construction materials including, but not limited to, dirt, sand, gravel, lumber, concrete, tile, rocks, bricks and other similar materials;
e. Waste matter, litter, trash, or refuse;
f. Stagnant water or excavations;
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g. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition;
h. Commercial equipment maintained on any part of any residential property.
This subsection does not prohibit machinery installed in the rear setback areas for household or recreational use, furniture designed and used for outdoor activities, trash cans in the front yard during the twenty-four-hour period allowed for garbage pick-up and garbage bins when employed in construction for which a valid building permit has been issued by the City. (2) Inadequate or unsanitary sewerage or plumbing facilities; (3) Property that repeatedly has been the situs of nuisance activity, including but not limited to:
disturbing the peace, illegal drug activity, public drunkenness, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination, acts of lewd conduct, unreasonably loud noise, or excessive littering; and
(4) Graffiti which includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti.”;
(5) Defaced, illegal, unmaintained or unsafe signage;
(6) Unmaintained or broken irrigation systems;
(7) Unmaintained garbage or trash cans, dumpsters or receptacles that are visible from public rights- of-way or which cause offensive odors or constitute a source of wind-blown trash or debris to adjacent properties or stored in front or side yards and visible from the public street except when placed in places of collection at the times permitted;
(8) Unmaintained grease traps; dirt-filled, oil-filled or debris-filled loading areas, parking lots and trash enclosures;
(9) Clothesline in front yard areas;
(10)Property, including but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable depreciation of the property values of surrounding property or is materially detrimental to proximal properties and improvements; and (11)Maintenance of premises so out of harmony or conformance with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.
(E) Attractive Nuisances
Any attractive nuisance which may cause an immediate threat to the health, safety and welfare of the general public and specifically attractive to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors. These conditions include, but are not limited to the existence of, maintenance of, or the scattering of any of the following over the property or premises for any duration of time:
(1) Hazardous pools, ponds, excavations and piles of dirt; (2) Polluted water;
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(3) Neglected, abandoned or unattended machinery or furniture or household equipment, including abandoned, discarded or unattended objects such as stoves, refrigerators, freezers, cans, containers or packing boxes;
(4) Graffiti (permitting or allowing any graffiti to remain on any building, wall, fence or structure for a duration longer than seventy-two (72) hours);
(5) Clotheslines in the front yard;
(6) Unoccupied buildings or structures not secured and accessible to persons not authorized to use such structures and which pose a threat to the safety of the public; (7) Excessive amount of oil spillage in driveway;
(8) Abandoned and broken equipment, or
(9) Neglected machinery.
(F) Nuisances Caused By Vehicles
(1) Parking, storing, or keeping of any motor vehicle within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this subsection, the driveway shall be limited to:
a. One paved area leading directly from the public right-of-way to an attached garage or carport (whether one-car, two-car, or more), which paved area shall be limited in width to the width of the attached garage(s) or carport(s);
b. Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway, which shall not exceed 12 feet in total width, leading directly in a straight line from the public right-of-way to the rear portion of the lot; c. One single-lane paved area not exceeding 12 feet in width leading directly in a straight line from the public right-of-way to a side yard parking area as permitted by subsection (A)(10)(c) of this section on the same side of the lot as the principle attached front yard garage or carport; and
d. One circular driveway on a lot with a minimum frontage of 80 feet with no other driveway leading to an approved garage, carport, rear yard or side yard parking area, subject to the approval of the City Traffic Engineer. Any such circular driveway shall not exceed 20 feet in width between the interior and exterior arcs and shall be abutted by a maintained landscaping area on both interior and exterior arcs. Parking any vehicle on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited; (2) Parking, storing or keeping of any recreational vehicle, trailer, boat, or camper within that area of a lot customarily considered to be the front yard. The front yard area does not include the driveway.
For purposes of this subsection only, the driveway shall be limited to:
a. One paved area leading directly from the public right-of-way to an attached garage or carport (whether one-car, two-car, or more), which paved area shall be limited in width to the width of the attached garage(s) or carport(s);
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b. Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway which shall not exceed 12 feet in width, leading directly in a straight line from the public right-of-way to the rear portion of the lot; and c. One single-lane paved area not exceeding 12 feet in width leading directly in a straight line from the public right-of-way to a side yard parking area as permitted by subsection (A)(10)(c) of this section on the same side of the lot as the principle attached front yard garage or carport. Parking any recreational vehicle, trailer, boat, or camper on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited; (3) Parking, storing or keeping of any motor vehicle within that area of a residential lot customarily considered to be the side yard except when parked on a rock or paved surface. The side yard area does not include a side yard driveway to an approved side yard or rear yard garage or carport; (4) Parking, storing or keeping of any motor vehicle on any wholly undeveloped, or largely undeveloped lot, except when parked on a rock or paved surface;
(5) Parking, storing or keeping of any recreational vehicle, trailer, boat or camper within that area of a lot customarily considered to be the side yard except when parked on a rock or paved surface. The side yard area does not include a side yard driveway leading to an approved side yard or rear yard garage or carport;
(6) Unmounted campers or camper shells stored in the front yard, side yard or driveway areas. (7) Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values; (8) Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values;
(9) All vehicles being stored or undergoing repairs, maintenance, or restoration must be registered to the property address and screened from public view by a minimum five-foot-high wall or opaque fence; and
(10)Commercial vehicles that are being stored, parked, garaged, or maintained in a residential zone, unless loading or unloading.
(G) Other Nuisances
(1) Conditions which, due to their accessibility to the public, may be hazardous or dangerous, including but not limited to:
a. Unused or broken appliances such as refrigerators, freezers, and similar storage chests; b. Excavations, wells, shafts, pits and unsecured cellars or basements; c. Machinery which is inadequately secured or protected; d. Buildings that stand vacant for more than thirty consecutive days, unless the code official finds in writing that any of the following applies:
i. The building is the subject of an active zoning or building permit application or permit for repair or rehabilitation and the owner is progressing diligently to obtain such zoning or building permit or to complete the repair or rehabilitation.
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ii. The building meets all codes, is ready for occupancy, and is actively being offered for sale, lease, or rent.
iii. The code official may grant an extension up to twelve months for properties inherited or under probate.
iv. The code official may waive the time limit to remedy a blighted building in cases where an event such as fire, flood, or earthquake interferes with the owner's ability to complete the corrective action within the specified time. (2) Excessive individual ornamentation or architectural elements not in keeping with the overall character of a neighborhood.
(3) Portions of any lot or premises used in such a manner or neglected to an extent, which subjects adjacent properties or lots to any of the following in a substantial way intense visible light, vibrations; excessive sound; electro-mechanical or electromagnetic disturbance; radiation; air or water pollution; dust or emissions of odorous, toxic, or noxious matter; or unsightly refuse or waste.
8.36.060 Public Nuisance.
Any condition qualifying as a nuisance as defined in Section 8.36.050 as well as any violation of this Chapter, any other provision of the Palmdale Municipal Code , adopted or uniform codes of the City, or State or Federal law enforceable by the City shall constitute a public nuisance subject to abatement by any means available by law.
8.36.070 Substandard Property.
Any property within the City determined to be a nuisance or having nuisance conditions as defined in this Chapter shall also constitute a substandard property, and subject to the procedures applicable to substandard properties in this Chapter.
8.36.080 Duty To Prevent And Abate Nuisances.
It shall be and remain the duty of the Owner of any property within the City to prevent and abate nuisances on such property.
8.36.090 Informal notice of substandard property.
(A) When the Enforcement Officer has determined an property is substandard, as defined in this Chapter, in addition to any notices hereafter provided by this Chapter, the Enforcement Officer may give to the owner of the substandard property and to any other person whom he or she deems should be so notified, information concerning the provisions of this Chapter, any violation thereof, how the person notified may comply and any other information deemed expedient. The Enforcement Officer may post such information on the substandard property.
8.36.100 Formal notice of substandard property.
(A) If, in the opinion of the Enforcement Officer, a property is found to be substandard, as defined in this Chapter, the Enforcement Officer shall give to the owner and any other responsible person concerned, as identified by the Enforcement Officer, written notice stating the conditions which make the property substandard.
(B) The notice may require the owner to remove within 30 days, or within another time limit which the Enforcement Officer may determine, the conditions which cause the property to be substandard, and if, in Ordinance 1605 – Efficient Enforcement of Code Violations
order to comply with such notice it is necessary to remove any vehicle or any part thereof, such notice shall include a description of such vehicle and the correct identification number and license number, if available at the site.
(C) Proper service of the notice shall be by personal service or by registered or certified mail upon the owner and any other responsible person concerned, and by posting a copy of the notice on the substandard property. When no address is available for the owner or any other responsible person concerned from the county assessor’s or county recorder’s records or contact cannot be made at the identified address from the county’s records, the service shall be by posting a copy of the notice on the substandard property. (D) Issuance of this formal notice does not preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the formal notice established by this Section to enforce this code or other applicable law.
8.36.110 Declaration of substandard property.
The Enforcement Officer may record on title to the property through the Department of Registrar-Recorder a declaration that a substandard property has been inspected and found to be such, as defined in this Chapter, and that all parties concerned have been or will be so notified. The costs incurred by the Enforcement Officer in the investigation of such properties, issuance of notices with respect to such properties, preparation of the declarations under this Section, and notification of concerned parties under this Section, shall be due prior to release of such declaration from title. After the Enforcement Officer finds that the nuisances triggering the designation of substandard property have been abated and either that such abatement has been accomplished at no cost to the City, or such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, or that the Enforcement Officer’s jurisdiction has been prompted by government acquisition of the property, the Enforcement Officer shall record a document terminating the declaration through the Department of Registrar-Recorder.
8.36.120 Posting of signs.
The Enforcement Officer shall cause to be posted at such substandard building or property a notice of substandard property and/or a sign to read:
SUBSTANDARD PROPERTY: DO NOT ENTER OR DAMAGE, BY ORDER OF THE CODE ENFORCEMENT DIVISION OR DIVISION OF BUILDING AND SAFETY OF THE CITY OF PALMDALE.
Palmdale Municipal Code 8.36, Regulation of Property Maintenance.
Such sign may contain such additional information and warnings that the Enforcement Officer considers expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup is completed. Such notice or sign shall not be removed without permission of the Enforcement Officer. No person shall enter except for the purpose of making the required repairs or of demolishing the substandard building except as specifically approved.
8.36.130 Notice and Order To Abate.
(A) Whenever an Enforcement Officer determines that any condition, building or premises within the City is being maintained in violation of the provisions of this Chapter constituting a nuisance, the Enforcement Officer shall give a written notice and order to abate to the owner of record as shown on the last equalized assessment roll and also to any other owner or responsible person known to the officer. (B) The notice and order to abate shall notify the Owner and if applicable, other responsible persons, that the Enforcement Officer has determined a nuisance to exist; specify the condition or conditions to be corrected or remedied or actions required to abate, correct or bring the condition into compliance; specify Ordinance 1605 – Efficient Enforcement of Code Violations
a reasonable period within which this must be accomplished; describe the process to contest the officer’s determination by requesting a hearing; notify that failure to request a hearing will constitute a waiver of the right to a hearing and an admission that the nuisance does exist and that the abatement order is reasonable and justified; and notify the responsible persons that in the event of the owner’s failure to correct the nuisance within the time prescribed, the City may cause the nuisance to be abated and the cost incurred on behalf of the City to become a lien or special assessment on the property, in accordance with the provisions of this Chapter. The notice and order to abate may be served as part of or in conjunction with an administrative citation.
(C) The notice and order to abate may be served in any of each of the following manners:
(1) By personal service: on the Owner or Responsible Person for the property where the nuisance is located; and if applicable, on the person, or agent who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance if different from the Owner or Responsible Person.
(2) By certified mail: Addressed to the Owner or Responsible Person for the property where the public nuisance is located, at the address shown on the last available assessment roll or as otherwise known; and if applicable, addressed to the known place of business, residence, or dwelling of the person, or agent who permitted, allowed, created, maintained, or authorized the creation or maintenance of the public nuisance if different from the Owner or Responsible Person. (3) By posting at a conspicuous place on the property where the nuisance is located or abutting public right-of-way for a period of ten (10) days and insertion of an advertisement at least once a week for the period of two (2) weeks in a newspaper of general circulation in the city. (D) Issuance of a notice and order to abate does not preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the proceedings established by this Chapter to enforce this code or other applicable law.
8.36.140 Request for hearing to contest the notice and order to abate. (A) The owner or other responsible person who was issued the written notice and order to abate, as the case may be, may contest the Enforcement Officer’s determination that a nuisance exists by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550, or such other office designated by the City Clerk, within 20 calendar days from the issuance date of a notice and order to abate. Failure to file a request for a hearing in the office of the City Clerk (or designee) within the required period shall have waived the right to a hearing and admitted that the nuisances described in the notice and order to abate do exist and that the abatement order is reasonable and justified. In that event, the notice and order to abate issued by the Enforcement Officer is final.
(B) A request for a hearing shall state: the date and number of the notice and order to abate; the address or location of the property; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why he or she believes there are no violations of law constituting a nuisance identified in the notice and order to abate.
8.36.150 Hearing on contest to the notice and order to abate.
The hearing will be conducted within 60 days of the date a timely and complete request is received by the office of the City Clerk (or designee) unless a later date is agreed by the parties. The City will notify the persons requesting the hearing in writing by first class mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure to receive a properly addressed notice of hearing shall not invalidate any hearing, Ordinance 1605 – Efficient Enforcement of Code Violations
City action or proceeding conducted pursuant to this chapter.; and the date and signature of the person requesting the hearing.
8.36.160 Administrative Hearing - Procedures.
(A) At least three City business days prior to the date set for the hearing, the Enforcement Officer and the persons requesting the hearing (or their representatives) shall ensure that a copy of all reports, statements or pictures or other evidence they wish to be considered in connection with the hearing is exchanged so that such information may be considered by the Hearing Officer and all parties to the hearing (by the Enforcement Officer to each person requesting the hearing and by each person requesting the hearing to the City Clerk (or designee)). Such exchange is to occur by first class mail. However, if the parties agree, the Enforcement Officer and the person requesting a hearing may exchange copies of their evidence via email in addition to or in lieu of first class mail. Failure to receive such documents shall not invalidate any hearing, City action or proceeding conducted pursuant to this Chapter. (B) The Hearing Officer designated or appointed by the City Manager shall hear all requests for hearings pursuant to this Chapter in accordance with the procedures established herein. (C) The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk (or designee) at least three City business days prior to the hearing.
If such person fails to attend the scheduled hearing and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Hearing Officer shall issue an abatement order and judgment in favor of the City. Notice of such final abatement order shall be given in accordance with Section 8.36.120. (D) At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether violations of law constituting a nuisance as stated in the notice and order to abate exist on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. (E) Administrative hearings are informal and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish, by competent evidence, the existence of the violations of law constituting a nuisance and responsibility therefor, by a preponderance of evidence. The person requesting the hearing and Enforcement Officer (or their representatives) shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A person requesting the hearing may bring an interpreter to the hearing, provided there is no expense to the City therefor. The Hearing Officer may question any person who presents evidence or who testifies at any hearing. (F) Hearings may be continued once at the request of a person requesting the hearing or the Enforcement Officer who issued the notice and order to abate. The Hearing Officer may also continue the hearing for cause.
8.36.170 Hearing decision.
Based upon the evidence regarding the violations of law constituting a nuisance (or lack thereof) submitted in connection with the hearing, the Hearing Officer shall determine whether or not the notice and order to abate properly states violations of law constituting a nuisance. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter. If the notice and order to abate is upheld, in full or partial, the Hearing Officer shall issue an order requiring the abatement of the nuisance conditions in a reasonable time and manner as set forth in the order and shall also notify the owner(s) that in the event the responsible person(s) fail to correct the violation of law within the time prescribed, the City Ordinance 1605 – Efficient Enforcement of Code Violations
may cause the violation of law to be abated and the cost of such abatement will be recorded as a lien or special assessment on the property, in accordance with the provisions of this code. The Hearing Officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to an appeal to the City Council.
8.36.180 Abatement after hearing decision or failure to request hearing or other waiver of contest to notice and order to abate.
At no cost to the City, the owner and other responsible person shall comply with all of the provisions of any final abatement order. If such persons fail, for any reason, to comply with a final abatement order within the time required in the order, the City Manager, or his/her designee, may cause the nuisance described in the abatement order to be abated by City forces or by private contractor. The City is authorized to take such action as needed to gain entry upon the property where the violations of law exists for purposes of abating those violations. The City may seek a civil abatement warrant through a court of competent jurisdiction.
8.36.190 Emergency abatement.
Notwithstanding any other provision of this code, whenever the City Manager, or his or her designee, determines that a nuisance, as defined in this Chapter, or in any other applicable law, exists, and that such nuisance constitutes an immediate threat, hazard or danger to persons or property, the City Manager, or his or her designee, without observing the procedures set forth in this Chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the City Manager, or his or her designee, determines is reasonably required. If the City Manager, or his or her designee, deems it feasible, the City Manager, or his or her designee, shall attempt to give the owner and any occupants verbal notice of the existence of the nuisance, and the proposed timing and method of abatement thereof. The City Manager, or his or her designee, shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the nuisance was located, the place or area upon which the nuisance was abated by the City, and the cost of the abatement.
Such notification shall be given in the same manner described in PMC 1.20.050 for service of administrative citations and conspicuously posted on the property containing the abated nuisance. The City may recover the costs of abatement as set forth in this Chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction.
8.36.200 City expenses – Recovery of costs.
(A) After the abatement of any nuisance authorized under this Chapter, any provision of this Code, adopted codes, or provisions of State or Federal law that the City may enforce, unless abatement is achieved through court action, in which case, the City may utilize the procedure in this Section if it so determines necessary as the case may be, the City shall thereupon serve the owner of the property where the nuisance exists a statement of costs of abatement. Service shall be made pursuant to Section 8.36.100(C). The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the City and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the nuisance. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed as provided in this Section. (B) "Costs of abatement" means any costs incurred by the City to abate a nuisance, whether the City causes abatement through civil, administrative or other action, in which case, the City shall be entitled to recover all costs of abatement, including actual costs for abatement, staff costs, administrative costs, and attorneys’ fees if applicable, incurred by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the violator. Costs of abatement do not include the costs of investigation, prosecution, or appeal of a criminal case. It is the intention of the City to provide for recovery Ordinance 1605 – Efficient Enforcement of Code Violations
of all costs of abatement to the maximum extent provided by law. The City may recover such costs of abatement by any means authorized by law.
(C) Request for Hearing On Reasonableness of Costs of Abatement. (1) The owner of the property where the nuisance exists may contest the reasonableness of the costs identified in the City’s statement of costs of abatement by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk (or designee), 38300 Sierra Highway, Palmdale, CA 93550, within 20 calendar days from the issuance date of the statement of costs of abatement. Any owner of the property where the nuisance exists who does not file a request for a hearing in the office of the City Clerk (or designee) within the required period shall have waived the right to a hearing and admitted the reasonableness of the costs of abatement described in the statement of costs of abatement. In that event, the statement of costs of abatement is deemed a final order.
(2) A request for a hearing shall state: the date of the statement of costs of abatement; the address or location of the property; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why the costs of abatement are not reasonable.
(3) The timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in PMC sections 8.36.150 and 8.36.160. However, in those sections where reference is made to the existence of a nuisance, for purposes of this Section, the references should be understood as referring to the reasonableness of the costs of abatement. (4) Based upon the evidence regarding the reasonableness of the costs of abatement, the Hearing Officer shall determine whether the costs of abatement in the statement of the costs of abatement were reasonable. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter. If the costs of abatement were found to be reasonable or the Hearing Officer found another cost reasonable based on the evidence, the Hearing Officer shall issue an order requiring the payment of the costs of abatement in a reasonable time and manner as set forth in the order and shall also notify the owner that in the event the owner fails reimburse the City within the time prescribed, the City will have the option to ensure reimbursement in accordance with the provisions of PMC Chapter 8.36 and other available remedies under the law. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. (5) If the owner fails to reimburse the City after a final order, the City will have the option to ensure reimbursement in accordance with the provisions of PMC Chapter 8.36 and other available remedies under the law.
8.36.210 Recovery of attorneys' fees – Prevailing party. (A) Recovery authorized. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action, administrative proceeding, or special proceeding to abate a nuisance. In addition to any other basis, the City shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the City expires, and also when the City's enforcement action was a cause or catalyst for compliance. The Ordinance 1605 – Efficient Enforcement of Code Violations
failure of a court to award attorneys' fees to the City shall not preclude the City from recovering its attorneys' fees and costs administratively or through another process as provided by law. (B) A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section.
8.36.220 Recovery of costs – Lien and Assessment.
(A) Lien. Pursuant to California Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a nuisance as ordered pursuant to this Chapter shall be obligated to reimburse the City for all of the City’s costs of abating the nuisance. A nuisance abatement lien in favor of the City for such expenses of the City shall be created and recorded if reimbursement is not made, pursuant to this Section. The lien shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. (B) Notice of Proposed Recordings. Prior to the recordation of the lien, an itemized notice of the lien amount and proposed recording shall be served on the property owner of record of the parcel of land on which the nuisance was abated by the City, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10, et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days, and publication thereof in a newspaper of general circulation published in the county in which the property is located. (C) Recording. If the owner fails to pay the lien amount within 10 days of the notice, the City’s nuisance abatement lien shall then be recorded in the Los Angeles County recorder’s office, and from the date of recording shall have the force, effect, and priority of a judgment lien and may be collected in any manner provided by law for collection of judgment liens.
(D) Special Assessment. The City’s total costs described in this chapter may, as an alternative to lien procedure provided above, be collected as a special assessment against the lot or parcel on which the nuisance existed in accordance with California Government Code Section 38773.5. (E) Notice of Special Assessment. Prior to the special assessment, the City shall give notice to the owner, by certified mail, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. (F) Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien shall be recorded by the City.
(G) Fees. Any fees or costs incurred by the City for processing, recording of the lien and providing notice to the property owner may be recovered by the City as part of its foreclosure action to enforce the lien. (H) Cumulative. This mechanism of cost recovery is intended to be cumulative and may be used in conjunction with or in lieu of each other remedy available to the City under the law.
8.36.230 Triple costs.
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Pursuant to California Government Code Section 38773.7, and any successor statutes, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Chapter, except conditions abated pursuant to Health and Safety Code Section 17980, the court may order the owner to pay treble the costs of the abatement.
8.36.240 Judicial and other remedies.
(A) Nothing in this chapter shall be deemed to prevent the City Attorney or other designated City official from:
(1) Commencing a civil action in a court of competent jurisdiction to enforce all or any of the provisions of any abatement order;
(2) Commencing a civil action in a court of competent jurisdiction to enjoin any violation of this Chapter;
(3) Commencing a civil action in a court of competent jurisdiction to abate a public nuisance as an alternative to, in conjunction with, or after an administrative proceeding pursuant to this Chapter; (4) Commencing a civil action in a court of competent jurisdiction to recover the costs of abatement of a nuisance(s) incurred pursuant to this Chapter or other applicable law; (5) Filing a criminal action in a court of competent jurisdiction to enforce this code; or (6) Issuing an administrative citation to enforce this code. (B) Where a civil action is filed, if the court issues an order or a judgment which finds a nuisance to exist, and orders or approves the abatement of the nuisance, or where the court validates the City’s claim for reimbursement for costs of abatement of a nuisance, the court may also award the City its actual and reasonable costs of abatement, including, without limitation, reasonable attorneys’ fees incurred by the City in such judicial proceeding as provided in Section 8.36.210. (C) The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 34: Section 1.12.040 of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be abated as such by the City as provided in PMC Chapter 8.36, and each day such condition continues shall constitute a new and separate offense.
SECTION 35: Section 5.04.200(A)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
5.04.200 Grounds for denial of business permit.
(A) Business Activities Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business permit for a business activity primarily involving First Amendment activities if any of the following findings are made:
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(1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such penalties;
SECTION 36: Section 5.04.200(B)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Business Activities Not Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business permit for a business activity not primarily involving First Amendment activities if any of the following findings are made:
(1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such penalties;
SECTION 37: Section 5.04.250(E) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(E) Denial of Permit Renewal. If the City has received notice of any of the following upon the filing of any permit renewal application, the application for renewal may be denied, subject to the permittee’s right to appeal as provided for in PMC 5.04.340:
(1) A transfer or change pursuant to PMC 5.04.260;
(2) A significant change in operation of any permitted business which may involve noncompliance with City, County, or State regulations or laws;
(3) One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit. (4) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council.
(5) If the City finds any violation of this code, any other code adopted by the City, or any State law that occurred on or in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.
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(6) If there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.
(7) The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
SECTION 38: Section 5.04.310(A) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Business Activities Involving First Amendment Activities. (1) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(2) That the permittee, or any employee, agent or manager of the permittee, has violated any federal or state statute or any ordinance or regulation of the City in the course of exercising any rights under the business permit which is being considered for revocation; (3) That the permittee, or any employee, agent or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council; (4) That the permittee, or any employee, agent or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;
(5) That the permittee has failed or refused to notify the Director of any change in facts as required by this chapter within 10 days after such change;
(6) That the permittee, or any employee, agent or manager of the permittee, has violated any conditions or restrictions of the business permit;
(7) That the permittee, or any employee, agent or manager of the permittee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution or drug trafficking; (8) That there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or
(9) The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
SECTION 39: Section 5.04.310(B) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Business Activities Not Involving First Amendment Activities. (1) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
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(2) That the permittee, or any employee, agent or manager of the permittee, has violated any federal or state statute or any ordinance of the City in the course of exercising any rights under the business permit which is being considered for revocation; (3) That the permittee, or any employee, agent or manager of the permittee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business permit is being considered for revocation; (4) That the permittee, or any employee, agent or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council; (5) That the permittee, or any employee, agent or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the permitted business;
(6) That the permittee has failed or refused to notify the Director of any change in facts as required by this chapter within 10 days after such change;
(7) That the permittee, or any employee, agent or manager of the permittee, has violated any conditions or restrictions of the business permit;
(8) That the permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.; (9) That the permittee, or any employee, agent or manager of the permittee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the permittee’s business;
(10) That the permittee has conducted the permitted business in a manner contrary to the public health, safety and welfare; or
(11) That there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.
SECTION 40: Section 5.04.460 of Title 5 of the Palmdale Municipal Code is hereby amended to add subdivision E and shall read as follows:
(E) Prohibitions; Revocation.
(1) Except for entertainment activities or performances conducted in an adult business operating in compliance with PMC provisions regulating such activities and performances, any entertainment activities or performances which present an entertainer in a semi-nude state or reveal specified anatomical areas, or include performances which either: (1) are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or (2) feature entertainers who appear semi-nude, as defined in the City adult business ordinances in the PMC, are expressly prohibited.
(2) Any violation of this section shall result in a denial, revocation, or suspension of an applicable entertainment permit following the procedures set forth in PMC Chapter 5.04 and all applicable consequences of such denial, revocation, or suspension apply as provided in Sections 5.04.210 and 5.04.320 and related sections of this code.
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(3) The City may enforce any violation of this section by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 41: Section 9.30.070(A) of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Pursuant to Section 1714.1(b) of the California Civil Code, any act of willful misconduct of a minor which results in the defacement of property of another with paint, graffiti implement, or any similar substance or device shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney’s fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. The liability of each parent or guardian shall not exceed $47,100, or any future amount set by the California Judicial Council in accordance with Section 1714.1(c) of the California Civil Code, for each such act of the minor.
SECTION 42: Section 9.30.090 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
Upon a determination by the City Manager, or his designee, that graffiti or other unauthorized inscriptions are on any privately owned building, structure or other facility and are in view of persons utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the City shall be authorized to undertake the removal of such graffiti. Prior to the removal of such graffiti, the City shall obtain the written consent of the owner, including an appropriate release form and right of entry form authorizing such graffiti removal.
The City shall not authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located. The authority of the City under this section shall be in addition to all other remedies available under the provisions of this code, including those related to the abatement of nuisances pursuant to PMC Chapter 8.36, or any other means authorized by law.
SECTION 43: Section 9.30.100 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in Chapter 1.12 PMC.
(B) Additional Penalties Through Sentencing Court. Whenever deemed appropriate, it is the City’s intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:
(1) Suspension or delay in issuance of driver’s license (pursuant to California Vehicle Code Section 13202.6); and
(2) Community service and/or graffiti removal service (pursuant to California Penal Code Sections 640.6 and 1203 et seq., Welfare and Institutions Code Sections 728 and 729.8, and Vehicle Code Section 42001.7).
(C) Cumulative Remedies. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, Ordinance 1605 – Efficient Enforcement of Code Violations
and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 44: A new Section is hereby added to Chapter 9.30, Title 9 of the Palmdale Municipal Code to read as follows:
9.30.110 Abatement – Recovery of Costs
Should the City take abatement measures for graffiti removal under PMC Chapter 8.36, the expense of such abatement shall be recovered under the provisions of PMC Chapter 8.36. The expense of abatement done under Section 9.30.090 itself, and not PMC Chapter 8.36, shall be recovered under this Section:
(A) Lien Against Property. It is the intent of the City to make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor (pursuant to California Government Code Section 38772, California Penal Code Section 1202.4 and other state law). “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person. (B) Special Assessment. As an alternative to the lien against property provided in subsection (C) of this section, the City may, pursuant to Section 38773.6 of the California Government Code, make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor, in accordance with the procedures specified in California Government Code Section 38773.5. “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person.
SECTION 45: A new Chapter is hereby added to Title 12, and is to read in its entirety as follows:
Chapter 12.28
STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
Sections:
12.28.010 Purpose and intent.
12.28.020 Definitions.
12.28.030 Storage of personal property prohibited.
12.28.040 Notice of impound and/or disposal.
12.28.050 Storage, reclamation, and disposition process.
12.28.060 Evidence in a criminal case.
12.28.010 Purpose and intent.
The accumulation of personal property left by unknown persons in public streets, public parks, public sidewalks, and public areas, constitutes a threat to the peace, health, safety and/or general welfare of the public and disrupts the use and enjoyment of such public spaces. The City Council finds it necessary to remove such personal property located on public lands in a manner that is consistent with State and Federal law, and which promotes the health and safety, and general welfare of those who use these public lands.
12.28.020 Definitions.
As used in this chapter, the terms listed below shall have the following meaning assigned to them:
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(A) “Abandoned Personal Property” means personal property that the owner surrenders, relinquishes, or disclaims.
(B) “Block” means 500 feet.
(C) “Park” means a park, playground, recreation center, tennis courts, swimming facilities, sports field, ball field and/or open space or other area, structure or facility, owned or used by the City and devoted to active or passive recreation, or open for or dedicated to public use within the City of Palmdale, including, without limitation, those constructed, adapted, or designated as such after adoption of this chapter. (D) “Public Area” means all property that is owned, managed or maintained by the City and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access. (E) “Personal Property” means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as cooking utensils, money, medication, documents, clothing, luggage, and books.
(F) “Store, Stored, Storing, Storage” means to put personal property aside or accumulate for use when needed, to put for safekeeping and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area.
(G) “Street” means shall include every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State. (H) “Unattended” means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
12.28.030 Storage of personal property prohibited.
(A) It shall be unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the City Manager or designee or as permitted by the PMC or State law:
(1) Any public street or right-of-way, including sidewalks, bus stops, and public landscaping; or (2) Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved. (B) A violation of this Section is punishable as a misdemeanor or chargeable at the district attorney's or City prosecutor's discretion. The enforcement officials provided in Subsection C of this Section may also deem the violation an infraction in their discretion when enforcing this Section. (C) This Section and entire Chapter may be enforced by the City of Palmdale employees specified in Section 1.16.010(A) of Title 1.
(D) Personal property stored in violation of this Section shall be subject to impoundment and/or disposal pursuant to procedures established in Sections 12.28.040 through 12.28.050.
Ordinance 1605 – Efficient Enforcement of Code Violations
12.28.040 Notice of impound and/or disposal.
(A) No notice required for intentionally abandoned, contraband, or hazardous waste. Unlawfully stored personal property that is believed in good faith, by those authorized to enforce this Chapter, to be intentionally abandoned or which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste or trash may be disposed of without any notice. (B) No notice required for evidence in criminal case. Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice. (C) Notice required for all other personal property. For all other personal property beyond that identified in Subsections A and B of this Section, actions taken on such personal property that is unlawfully stored pursuant to this Chapter must be done according to the following notice provisions:
(1) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property if the personal property is unattended. The written notice shall contain the following:
(a) General description of the personal property to be removed. (b) The location from which the personal property will be removed. (c) The date and time the notice was posted.
(d) Statement that the personal property has been stored in violation of Section 12.28.030. (e) Statement that the personal property will be impounded if not removed from the public area within 24 hours.
(f) Statement that moving stored personal property to another location in the public area shall not be considered to be removing personal property from the public area. (g) The location where the removed personal property will be stored at the City through the Code Enforcement Division, including telephone number and the internet website of the City’s Code Enforcement Division through which the person may receive information as to the impounded personal property as well as information as to voluntary storage location(s). (h) Statement that impounded personal property may be discarded if not claimed and information regarding reclamation, disposition, and disposal. (2) Post Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:
(a) General description of the personal property removed. (b) The date and approximate time the personal property was removed. (c) Statement that the personal property was stored in a public area in violation of Section
12.28.030.
(d) The location where the removed personal property will be stored at the City through the Code Enforcement Division, including telephone number and internet website of the City’s Code Enforcement Division through which the person may receive information as to impounded personal property.
Ordinance 1605 – Efficient Enforcement of Code Violations
(e) Statement that the impounded personal property may be discarded if not claimed and information regarding reclamation, disposition, and disposal.
12.28.050 Storage, reclamation, and disposition process. (A) Except as specified herein, the City through the Code Enforcement Division shall store impounded personal property pursuant to this Chapter at a designated place of storage. (B) Except as specified herein, the City through the Code Enforcement Division shall store impounded personal property for 90 days, after which time, if not claimed, it may be subject to disposition as provided in this Chapter or as otherwise provided by law.
(C) Reclamation. During the 90-day holding period pursuant to Subdivision (B) of this Section, a person may repossess the personal property provided he or she establishes proof of ownership to the City’s Code Enforcement Division by, among other methods, describing the location and date when the personal property was impounded from public area, and providing reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. If ownership cannot be determined to the satisfaction of the City Code Enforcement Division or designee, the City may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the City Code Enforcement Division shall continue to hold the personal property until such a determination is made.
(D) Disposition other than reclamation. Upon the expiration of the 90-day holding period for personal property as specified in Subdivision (B) any remaining personal property not claimed by or returned to the owner may be appropriated to the city upon order of the city manager or designee that the personal property is needed for a public use. Any personal property not appropriated to the city may be sold at a public auction or disposed of in such a manner as deemed appropriate by the city manager or designee. If personal property constitutes money, such money shall be deposited into the city's general fund. (E) The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days. The City Code Enforcement Division shall maintain a record of the date and manner of coming into possession of the impounded personal property, adequate description of the same, and the dates of storage and disposition, and disposition of the personal property.
12.28.060 Evidence in a criminal case.
Notwithstanding Section 12.28.050, where personal property is impounded for use as evidence in a criminal case, such property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code section 1417 et seq.
SECTION 46: Severability. If any section, subsection, paragraph, sentence, clause or phrase of these provisions of the Palmdale Municipal Code is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of the provisions of the Palmdale Municipal Code. The City Council declares that it would have adopted these provisions of the Palmdale Municipal Code, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 47. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 48: Attestation. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary of the ordinance, along with the names of the City Council members voting for and against the ordinance, shall be published in a newspaper of general circulation in the City of Palmdale.
Ordinance 1605 – Efficient Enforcement of Code Violations
SECTION 49: CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SIGNED AND APPROVED THIS ____ day of ________, 2023.
_______________________________
Laura Bettencourt, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _______________________________ Scott Porter, Interim City Attorney Rochelle Scott, Acting City Clerk I HEREBY CERTIFY that the above and foregoing ordinance was duly passed and adopted by the Palmdale City Council at its regular meeting held on the _____ day of _______, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: JANUARY 11, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: ADOPT ORDINANCE NO. 1607, AN ORDINANCE OF THE CITY OF
PALMDALE AMENDING PALMDALE MUNICIPAL CODE SECTION
1.06.040 TO REMOVE THE REQUIREMENTS FOR A NOTICED
PUBLIC HEARING FOR THE ADOPTION OF ORDINANCES AND
SECTION 2.08.040 SETTING REGULAR MEETING DATES OF THE
CITY COUNCIL TO THE FIRST AND THIRD THURSDAYS OF THE
MONTH AT 5:00 P.M.
ISSUE
Adopt Ordinance No. 1607 amending Palmdale Municipal Code Section 1.06.040 to remove the requirements of a noticed public hearing for the adoption of ordinances and Section 2.08.040 setting the regular meeting date of the City Council to occur on first and third Thursdays of each month except in January and July where regular meetings will be held on the second and third Thursdays of those months.
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct a public hearing by hearing the staff report and then receiving public comment;
2. Introduce and Adopt Ordinance No. 1607 amending Palmdale Municipal Code Section 1.06.040 to only sometimes require a public hearing prior to the introduction of an ordinance and Section 2.08.040 setting the regular meeting date of the City Council to occur on first and third Thursdays of each month at 5:00 p.m.
BACKGROUND
At the August 17, 2021, City Council meeting, the City Council changed the date of the regular City Council meeting, with some exceptions, from Tuesday to Wednesday through, at least, the February 2022 City Council meeting to allow for the study of the effect of this change on public engagement of City Council matters.
At the January 12, 2022, meeting, City Council adopted Ordinance No. 1578 in order to continue with the regular meeting date of the first Wednesday of each month.
Report to Mayor and City Council
Re: Regular Meeting of the City Council
January 11, 2022
DISCUSSION
Currently, in Section 1.06.040 of the Palmdale Municipal Code, ordinances are adopted at a noticed public hearing. However, except as otherwise provided by state law (zoning ordinance, for example), an ordinance may be adopted without the need for a public hearing. The proposed Ordinance would remove the requirement for a noticed public hearing for the adoption of every ordinance. This change would save the city publication and administrative costs, while still allowing full public comment prior to city council action on an ordinance.
The proposed Ordinance would also change the regular meeting date of the City Council of the City of Palmdale to be twice a month instead of the current once a month, and meetings would start at 5:00 p.m. The proposal would change the meeting dates to the first and third Thursday of each month except in January and July where regular meetings will be held on the second and third Thursdays of those months.
FISCAL IMPACT
The city would likely save approximately $200 for each published notice, and thus approximately $2,000 per year (assuming that 10 ordinances each year would not require publication in the newspaper). The city would also save its own administrative costs of roughly the same amount.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by:
Certified as to availability of Funds: Janelle Samson, Finance Director Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Interim City Attorney
ATTACHMENTS
Ordinance No. 1607
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING PALMDALE MUNICIPAL CODE SECTION 1.06.040,
REMOVING THE REQUIREMENTS FOR A NOTICED PUBLIC HEARING
FOR THE ADOPTION OF ORDINANCES, AND SECTION 2.08.040
CHANGING THE REGULAR MEETING DATES OF THE CITY COUNCIL
TO THE FIRST AND THIRD THURSDAYS OF THE MONTH AT 5:00 P.M.
SECTION 1. Municipal Code. Section 1.06.040 of the Palmdale Municipal Code is amended in its entirety to read as follows:
1.06.040 Publication and notice of ordinances.
(A) Prior to Adoption. The full text of proposed ordinances may be published on the City of Palmdale website and available for review in the office of the City Clerk, five days prior to adoption by the City Council. A noticed public hearing shall occur whenever required by state law.
(B) The requirements of California Government Code Section 36933 also apply.
SECTION 2. Municipal Code. Section 2.08.040 of the Palmdale Municipal Code is amended in its entirety to read as follows:
2.08.040 Regular meeting day, time, and place.
Regular meetings of the City Council will be held on the first and third Thursdays of each month except in January and July where regular meetings will be held on the second and third Thursday of those months. Meetings of the City Council shall be held at 38300 Sierra Highway, Suite B, Palmdale, California, at 5:00 p.m. If all matters on the agenda for any regular meeting have not been considered by the City Council by the hour of 10:30 p.m., or such earlier or later time as may be fixed by a majority vote of the City Council, then the regular meeting may be adjourned to the next succeeding Thursday, at the same time and at the same location, unless a different day, time or location is specified in the order of adjournment. When so adjourned, each adjourned meeting shall be a regular meeting for all purposes. Notice of all meetings of the City Council, whether regular, adjourned, special or emergency, will be given in the manner required by statute. When a regular Thursday meeting of the City Council falls on a national or State holiday and City offices are scheduled to be closed, then such meeting shall not be held and will be deemed adjourned for all purposes with no further action required by the City Council or the City Clerk except such written notices of adjournment as may be required by law.
Ordinance No. 1607
SECTION 3. Date of First Meeting. This ordinance shall be effective on the 31st day after adoption of this ordinance, or February 11, 2023. Thus, for the avoidance of confusion, there will be no regular meeting on Wednesday February 15, 2023. Rather, the first regular meeting to occur pursuant to this ordinance will be Thursday, February 16, 2023.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law.
PASSED, APPROVED and ADOPTED this ______ day of ____________, 2023. ________________________________
Laura Bettencourt, Mayor
APPROVED AS TO FORM ATTEST
___________________________ ________________________________ Scott E. Porter Rochelle Scott, Acting City Clerk
Interim City Attorney
Ordinance No. 1607
I, Rochelle Scott, Acting 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 ______ day of _____________, 2023 effective on the ____ day of ___________, 2023 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Andrea Alarcon, Mayor Pro Tem
SUBJECT: Monthly Informational Report – Events and Meetings DATE: January 11, 2023
During the period December 1, through December 31, 2022, I attended the following meetings and events:
December 21: Special Closed Session
Regular Council Meeting
December 22: SAVES Christmas Holiday Basket Distribution
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Laura Bettencourt, Mayor
SUBJECT: Monthly Informational Report – Events and Meetings DATE: January 11, 2023
During the period December 1, through December 31, 2022, I attended the following meetings and events:
December 1: Special Closed Session
December 7: Regular Council Meeting
December 13: Special Closed Session
December 21: Special Closed Session
Regular Council Meeting
December 22: SAVES Christmas Holiday Basket Distribution
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Eric Ohlsen, Councilmember
SUBJECT: Monthly Informational Report – Events and Meetings DATE: January 11, 2023
During the period December 1, through December 31, 2022, I attended the following meetings and events:
December 21: Special Closed Session
Regular Council Meeting
December 22: SAVES Christmas Holiday Basket Distribution