Palmdale City Council
February 15, 2023

FISCAL IMPACT
The City’s maintenance costs will incrementally increase as a result of acceptance of these improvements.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.

Prepared by: Lynn Glidden, Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS

1. Exhibit A – List of Completed Public Improvements

2. Exhibit B – Site Map Location

3. Notice of Completion – Courson Arts Colony- East Sewer and Drainage Improvements

EXHIBIT A

LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security

Courson Arts Colony-East PC 16-15 33 LF $15,200 Courson Arts Colony-East GD 16-15 2 Parkway Drains $25,100

EXHIBIT B

SITE MAP

RECORDING REQUESTED BY:

CITY OF PALMDALE
WHEN RECORDED MAIL TO:

CITY OF PALMDALE

OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:

1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is City of Palmdale, a Municipal Corporation.

3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.

4. The nature of interest or estate of the owner is: Sewer and Drainage Improvements- Courson Arts Colony - East.

5. A work of improvement on the property hereinafter described was completed on December 13, 2022

6. The work done was: “ Sewer and Drainage Improvements-Courson Arts Colony-East”,

7. The name of the Contractor for such work of improvement: CAC East, LP

8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: North of Avenue Q-12 and 10th Street East.

9. The address of said property is: 939 East Avenue Q-12.

Dated: February 15, 2023

CITY OF PALMDALE
Guillermo I. Padilla, City Engineer
____________________________________________________________________________

VERIFICATION
I, the undersigned, say: I am the City Engineer, the declarant of the foregoing notice of completion; I have read the said notice of completion and know the contents thereof; the same is true of my own knowledge.

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

Executed on February 15, 2023, in the City of Palmdale, California.

Guillermo I. Padilla, City Engineer
City Council Staff Report
Internal
DATE: FEBRUARY 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
DISTRICT: ALL
SUBJECT: ACCEPT THE LOCAL AGENCY TECHNICAL ASSISTANCE GRANT

FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE
AMOUNT OF $325,000 FOR A DIGITAL EQUITY STUDY

SUBJECT
Accept the Local Agency Technical Assistance Grant from the California Public Utilities Commission in the amount of $325,000 for a Digital Equity Study.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept the Local Agency Technical Assistance Grant from the California Public Utilities Commission for the funding amount of $325,000.

2. Approve Agreement No. A-8238 with the California Public Utilities Commission for the grant awarded from the Local Agency Technical Assistance Grant.

BACKGROUND
The City of Palmdale applied for the California Public Utilities Commission’s (CPUC) Local Agency Technical Assistance (LATA) Grant in October 2022. The CPUC awarded the City of Palmdale $325,000 to perform a Digital Equity Study and to provide subsequent programs based on its recommendations. The scope of work for the City’s future selected consultant will be to provide a study on digital equity in the City of Palmdale. The LATA grant will also provide a preliminary budget to work with an electronics recycling firm to provide programs for: recycling electronic waste (e-waste), supply refurbished computer equipment to members of the community needing the devices, and working with SiFi Networks (who will deploy fiber citywide) to identify residents in need of financial assistance to connect to the internet and potentially further subsidize their rates.

Report to Mayor and City Council
Re: Approval of Agreement A-8238
Date of Meeting: February 15, 2023

DISCUSSION
The Digital Equity Study is intended to survey the community of Palmdale on how connected residents are. This study is needed for the City to develop a plan that addresses our residents’ needs to bridge the digital divide. The plan will document the needs of the community, through surveys, community outreach, workshops, documentation of feedback and available data. The City plans to determine what might impede people from accessing the internet and how best to help them. Accessibility is important, and lack of it can be for a variety of reasons, such as education, training, lack of proper equipment and affordability. The study will pinpoint the root causes for the lack of access, so that we may be able to better serve our community and provide programs that are of true value to our residents. The study will include a robust community outreach approach such as workshops, surveys, and quality engagements with the residents of the City. The deliverable from this study will include a final report, summary of data and an interactive and user-friendly dashboard. The Digital Equity Study is anticipated to take nine (9) months to complete.

FISCAL IMPACT
The City has been awarded $325,000 with no additional matching funds required.

Funding will be allocated in Account No. G0157241-724525.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

B. Implement and administer environmentally sustainable programs.

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: Lynn Glidden P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, Interim City Attorney

ATTACHMENTS
Agreement No. A-8238 Grant Award Agreement
California Public Utilities Commission
Local Agency Technical Assistance Program

CONSENT FORM
Acknowledgement and Acceptance of Terms

Applicant Name: _________________________________________________________

Key Project Contact: ______________________________________________________

The Grantee identified above acknowledges receipt of the California Public Utilities Commission Resolution T-__________ or Award Letter Dated__________ and agrees to comply with all grant terms, conditions, and requirements set forth in the Resolution or Approval Letter including those in the Local Agency Technical Assistance Rules.

Undersigned representative of ____________________________________ [Name of Grantee] is duly authorized to execute this Consent Form on behalf of the Grantee and to bind the Grantee to the terms, conditions, and requirements set forth in California Public Utilities Commission Resolution T-_____________ or Award Letter.

Dated this ______ day of ______________, 20___.

Signature of Local Agency/Tribe:

_______________________________________________________________________

Title____________________________________________________________________

Printed Name____________________________________________________________

________________________________________________________________________

Organization or Name of Local Agency or Tribe:

________________________________________________________________________

Business Address (include street address, suite/apt. number, city, state, and ZIP Code):

_______________________________________________________________________

Telephone Number: ______________________________________________________

Email Address: ___________________________________________________________ City Council Staff Report
DATE: FEBRUARY 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2023-015 AUTHORIZING

CALIFORNIA CHOICE ENERGY AUTHORITY TO ENTER INTO A

LONG-TERM RENEWABLE ENERGY AGREEMENT WITH
3DEGREES GROUP, INC. ON BEHALF OF ENERGY FOR
PALMDALE’S INDEPENDENT CHOICE
ISSUE
Adopt Resolution No. CC 2023 -015 Authorizing California Choice Energy Authority to enter into a Long -Term Renewable Energy Agreement with 3Degrees Group, Inc. on behalf of Energy for Palmdale’s Independent Choice.

RECOMMENDATION
Staff recommends that the City Counciladopt Resolution No. CC 2023-015, Authorizing CalChoice to enter into a long -term renewable energy agreement with 3Degrees on behalf of EPIC.

BACKGROUND
In October 2015, the State of California enacted Senate Bill 350 (SB 350), also known as The Clean Energy and Pollution Reduction Act of 2015 (the Act). The Act established new clean energy, cl ean air, and greenhouse gas reduction goals for the state.

Specifically, the Act requires that all load -serving entities, including Community Choice Aggregators (CCAs) , enter into long -term renewable energy contracts with energy delivery to begin by the 2021 – 2024 compliance period (Compliance Period 4).

DISCUSSION
EPIC began serving electricity to customers in October 2022 and is required to meet the requirements of SB 350. To meet this requirement, CalChoice, on behalf of EPIC and its other member agencies, has been engaged in contract negotiations for offers through the Request for Offers (RFO) process and through other bilateral opportunities.

CalChoice and its legal and technical team have negotiated and finalized commercial and contract terms with 3Degrees on behalf of EPIC. Th is agreement is for Portfolio Content Category (PCC) 3 renewable energy product originating from several generation facilities. The delivery will begin in 2023 for a period of ten years.

Report to Mayor and City Council
Re: Adopt Resolution No. CC 2023-015 Authorizing CalChoice to enter into a Long-term Renewable Energy Agreement with 3Degrees Group, Inc. on behalf of Energy for Palmdale’s Independent Choice
February 15, 2023

As a condition of the agreement, payment terms are such that the City’s general fund is protected, and 3Degrees requires no additional credit or collateral by the City or CalChoice.

This contract volume will fulfill approximately 10% of EPIC’s long-term requirements for Compliance Period 4 as mandated by the Act, bringing EPIC’s total compliance for Compliance Period 4 to 90%. As such, staff will be returning in the upcoming months with additional contract approval requests to fulfill the remainder of the compliance requirements.

FISCAL IMPACT
$96,750 annually for ten (10) years, beginning in 2023. Sufficient revenues will be generated to cover operating expenses, including power procurement. Funds are budgeted in FY 2022-23 in account 35028001-721461.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

Goal III: Invest in infrastructure to improve community livability.

B. Implement and administer environmentally sustainable programs.

Prepared by: Lynn Glidden, Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS

1. Resolution CC 2023-15

2. Power Purchase and Sale Agreement

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE TO ADOPT RESOLUTION CC-2023-15 AUTHORIZING CALIFORNIA

CHOICE ENERGY AUTHORITY TO ENTER INTO A LONG-TERM
RENEWABLE ENERGY AGREEMENT WITH 3DEGREES GROUP, INC.

ON BEHALF OF ENERGY FOR PALMDALE’S INDEPENDENT CHOICE
WHEREAS, On April 2, 2019, the Palmdale City Council adopted Ordinance No. 1524, An Ordinance of the Council of the City of Palmdale, California, Establishing a Community Choice Aggregation (CCA) Program; and
WHEREAS, The Palmdale CCA program is called Energy for Palmdale’s Independent Choice (EPIC); and
WHEREAS, EPIC began servicing residential and municipal accounts starting in October 2022 and will begin serving commercial accounts in March 2023; and WHEREAS, Senate Bill 350 established new clean energy, clean air, and greenhouse gas reduction goals for the state and specifically requires that all load- serving entities, including Community Choice Aggregators (CCAs), enter into long-term renewable energy contracts; and
WHEREAS, California Choice Energy Authority (CalChoice), acting on behalf of EPIC and its other member agencies, engaged in contract negotiations for offers through the Request for Offers (RFO) process and also engaged in other bilateral opportunities to ensure state-mandated requirement compliance; and WHEREAS, CalChoice has negotiated and finalized commercial contract terms on behalf of EPIC with 3Degres Group Inc. for long-term renewable energy that will comply with state mandates.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1 . The City Council hereby authorizes CalChoice to enter into a Long-Term renewable energy agreement with 3Degrees Group, Inc.on behalf of EPIC.

Resolution No. CC 2023-015

SECTION 2 . The City Council authorizes EPIC’s Executive Director and/or her/his designee to execute all documents needed to authorize CalChoice to move forward with the purchase of EPIC’s renewable energy in the above-mentioned agreement with 3Degrees Group, Inc. in order to comply with state-mandated requirements.

SECTION 3. The Palmdale City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this fifteenth day of February 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk Interim City Attorney
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 15th day of February, 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
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1 LONG-TERM PURCHASE AGREEMENT FOR PCC3 RECS

THIS LONG-TERM PUR CHASE AGREEMENT FOR PCC3 RECS (this “Agreement”) is entered into as of the last dated signature on the signature page hereto (“Effective Date”), by and between California Choice Energy Authority, a California joint powers authority, for the benefit of City of Palmdale, a California municipal corporation and charter city (“CalChoice” or “Buyer”) and 3Degrees Group, Inc. (“3Degrees” or “Seller”), each referred to herein individually as a “Party” and collectively as the “Parties”, regarding the purchase and sale of the Product (as defined below) under the terms and conditions herein.

WHER
EAS, Buyer is subject to Section 399.13(b) of the California Public Utilities Code, which requires all California load-serving entities (LSEs) to meet sixty-five (65%) of their California Renewables Portfolio Standard (RPS) obligations with supply contracts of ten years or longer.

WHEREAS, Seller has procured a portfolio of renewable energy supplies, including RECs under one or more long-term power purchase agreement(s) (PPAs).

NOW, THEREFORE, in consideration of the mutual covenants and agreements in this Agreement and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

Product: As used
herein, “Product” shall mean Portfolio Content Category 3 (“PCC 3”) RECs that are associated with renewable energy generated by a Project. The delivery obligation for the Product is Firm.

Project: As us e
d herein, “ Project” shall mean one or more of the renewable energy generating facilities listed in Exhibit A, which shall be referred to collectively as the “Projects”.

Seller may source the Product to meet the Contract Quantity from any Project(s) listed in Exhibit A.

Delivery Term: Commencing on January 1, 2023 and continuing through December 31, 2032 and continuing through the completion of the payment of amounts due pursuant to this Agreement and the transfer of all RECs to Buyer through WREGIS.

Contract Quantity: S eller shall deliver to Buyer an annual quantity (“Annual Quantity”) of the Product for each year of the Delivery Term, in the quantities set forth in Exhibit B. The Annual Quantity for each year of the Delivery Term will be comprised of RECs with a vintage corresponding to the applicable year set forth in Exhibit B; e.g., REC deliveries for 2023 shall be exclusively RECs associated with renewable energy generated in calendar year 2023, etc . The RECs associated with the Annual Quantity shall be delivered to Buyer through WREGIS no later than April 15 th of the year following the year during which the renewable energy was generated; e.g., REC deliveries for 2023 shall be delivered no later than April 15, 2024.

Contract Price: The p rice for each MWh of Product delivered to Buyer (the “Contract Price”) shall be per MWh (i.e., per REC) of Product conveyed to Buyer in accordance with the terms of this Agreement.

REC Tran
sfer: During the Delivery Term , Seller shall transfer the RECs to Buyer’s WREGIS account (Buyer’s WREGIS Account Holder Name: City Of Palmdale, Account #: 2028).

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2 Invoicing and
Payment: During the Delivery Term, once per quarter, Seller will invoice Buyer for an amount equal to the product of (a) the Contract Price and (b) the portion of the Contract Quantity delivered to Buyer, as evidenced by the quantity of WREGIS Certificates transferred to Buyer’s WREGIS account by Seller.

Buyer shall make payment to Seller by wire transfer or ACH payment to the bank account provided on each monthly invoice. Buyer shall pay undisputed invoice amounts on or before the later of (a) the twenty-fifth (25th) day of the month in which the invoice was received or (b) fifteen (15) Business Days after receipt of the invoice. If such due date falls on a weekend or legal holiday, such due date shall be the next Business Day. Buyer is not obligated to pay for any RECs that have not been delivered.

Supporting Data: Because the Product is being sold by Seller to Buyer to facilitate Buyer’s compliance with the California Renewables Portfolio Standard, including the requirements of Section 399.13(b) of the California Public Utilities Code and CPUC Decision D.17-06-026, Seller will use reasonable efforts to assist Buyer, if necessary, in timely providing required data and/or documentation, as requested by jurisdictional regulatory authorities, to support Buyer’s compliance.

Change in Law
Provisions: In the e
vent of a change in law after the Effective Date affecting the ability of the Product to comply with the designated Applicable Program (a “Change in Law ”), Seller shall make commercially reasonable efforts to obtain compliance with such Change in Law, provided that Seller shall not be required to spend more than during the Delivery Term in Seller’s efforts to obtain such compliance. Seller shall keep Buyer reasonably informed of its efforts to obtain compliance. If despite such efforts to obtain compliance, including expenditure by Seller of the amount specified in the preceding sentence, Seller cannot obtain compliance, the Parties shall work in good faith to try and revise this Agreement so that this Agreement complies with the requirements of such Change in Law. In the event the Parties cannot reach agreement on any such amendments to this Agreement after sixty (60) days of commencement of discussions regarding such Change in Law (“Negotiation Period”), then Buyer may terminate this Agreement within thirty (30) days after the Negotiation Period upon written notice to Seller, which shall be effective the next Business Day after such notice is received, and any such termination shall be without further liability to either Party, subject to payment of any amounts owing between the Parties prior to such termination.

Compli
ance
With RPS: Seller represents and warrants to Buyer that the purchase and sale of Product pursuant to this Agreement is a resale and that such resale meets the following additional requirements as of the Effective Date and throughout the Delivery Term:

(i) The Product consists of unbundled Renewable Energy Credits originally associated with generation eligible under the California Renewables Portfolio Standard; or

(ii) The Product consists of RECs eligible under the California Renewables Portfolio Standard.

SPECIAL PROVISIONS:

A. Non-Mod ifiable Standard Terms and Conditions

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3 (1) Eligibility: Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. [STC 6, Non -Modifiable. (Source: D.07-11-025, Attachment A.) D.08-04-009]

(2) Applicable Law; Go
verning Law: This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each Party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this Agreement. [STC 17, Non-Modifiable. (Source: D.07-11-025, Attachment A) D.08-04-009]

(3) Transfer of Renewable Energy Cr
edits: Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08 -08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. [STC REC-1, Non-Modifiable. D.11-01-025]

(4) Tracking of RECs in WREGIS : S
eller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. [STC REC-2, Non-Modifiable. D.11-01-025]

B. Additional Terms and Conditions

(1) Seller Representations and Warranties. Seller represents and warrants:

(a) The contract for between Seller and upstream counterpart(ies) for each generating facility set forth in Exhibit A must have a delivery term of at least ten (10) years;

(b) At the time of delivery, all rights, title, and interest in the Product are free and clear of all liens, taxes, claims, security interests, or other encumbrances of any kind whatsoever;

(c) Seller has not sold the Product to be transferred to Buyer to a third party;

(d) the Product meets the requirements set forth in PUC Code 399.16(b)( 3) and the RPS compliance requirements for Portfolio Content Category 3 as set forth in CPUC Decision 11-12-052; and

(e) the Product meets the requirements of PUC Code 399.13(b) and CPUC Decision D.17-06-026.

(2) Buyer Representations and Warranties. Buyer re
presents and warrants that Buyer has taken all necessary steps to establish a WREGIS account to receive the RECs to be transferred from Seller to Buyer prior to the first delivery under this Agreement.

C. Additional Provisions

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4 (1) Confidentiality. Each Party recognizes that this Agreement is subject to the requirements of the California Public Records Act (Government Code Section 6250 et seq.).

(2) Force Majeure . If either Party is rendered unable, wholly or in part, by Force Majeure to carry out its obligations with respect to this Agreement, then upon such Party’s giving notice and full particulars of such Force Majeure as soon as reasonably possible after the occurrence of the cause relied upon, the obligations of the Claiming Party will, to the extent they are affected by such Force Majeure, be suspended during the continuance of said inability, but for no longer period, and the Claiming Party will not be liable to the other Party for, or on account of, any loss, damage, injury or expense resulting from, or arising out of such event of Force Majeure.

(3) Events of Default . A
n “Event of Default” shall mean, with respect to a Party (a “Defaulting Party”), the occurrence of any of the following:

(a) the
failure to make, when due, any payment required pursuant to this Agreement if such failure is not remedied within ten (10) Business Days after written notice;

(b) any representation or warranty made by such Party herein is false or misleading in any material respect when made or when deemed made or repeated;

(c) the failure to perform any material covenant or obligation set forth in this Agreement (except to the extent constituting a separate Event of Default, and except for such Party’s obligations to deliver or receive the Product) if such failure is not remedied within thirty (30) after written notice; and

(d) such Party becomes bankrupt.

(4) Termination.

If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, the other Party (the “Non- Defaulting Party”) shall have the right (i) to designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to terminate the Agreement, (ii) withhold any payments due to th e Defaulting Party under this Agreement and (iii) suspend performance. The Non- Defaulting Party shall calculate, in a commercially reasonable manner, a Settlement Amount as of the Early Termination Date. If the Settlement Amount is negative, the amount shall be deemed to be zero and no payment shall be made to the Defaulting Party.

(5) Limitation of Liability . U

NLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE

LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT

DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE

INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE

MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUS E OR CAUSES RELATED

THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES

REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT

THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING

AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.

(6) Assignment. Ne ither Party shall assign this Agreement or its rights hereunder without the prior written consent of the other Party, which consent may be withheld in the exercise of its sole discretion.

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5 (7) Credit Requirements. Notwithstanding any other provision of the Agreement, credit support is not required for either Party under this Agreement.

(8) Notices. A ll notices, requests, statements or payments shall be made as specified in Exhibit C. Notices shall, unless otherwise specified herein, be in writing and may be delivered by hand delivery, email, United States mail, or overnight courier service. Notice by hand delivery or email shall be effective at the close of business on the day actually received, if received during business hours on a Business Day, and otherwise shall be effective at the close of business on the next Business Day. Notice by overnight United States mail or courier shall be effective on the next Business Day after it was received. A Party may change its addresses by providing notice of same in accordance herewith.

(9) Counterparts. Thi
s Agreement may be signed in any number of counterparts with the same effect as if the signatures to the counterparts were upon a single instrument. The Parties may rely on electronic, or scanned signatures as originals under this Agreement. Delivery of an executed signature page of this Agreement as a PDF attachment to an email shall be the same as delivery of a manually executed signature page.

(10) Entire Agreement; No Oral Agreements or Modifications . T his Agreement sets forth the terms of the
transaction into which the Parties have entered and shall constitute the entire agreement between the Parties relating to the contemplated purchase and sale of the Product. Notwithstanding any other provision of the Agreement, this Agreement may only be entered into pursuant to a written document executed by both Parties, and no amendment or modification to this Agreement shall be enforceable except through a written document executed by both Parties.

(11) No Recourse to Members of Buyer. Buye
r is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) and is a public entity separate from its constituent members. Buyer will solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement ; provided that Buyer’s obligations to make payments hereunder are (i) to be made solely from the Secured Account of the City of Palmdale, and (ii) do not constitute any kind of indebtedness of Buyer or (iii) create any kind of lien on, or security interest in, any property or revenues of Buyer. Seller will have no rights and will not make any claims, take any actions or assert any remedies against any of B uyer’s constituent members, including the City of Palmdale, or the officers, directors, advisors, contractors, consultants or employees of Buyer or Buyer’s constituent members, in connection with this Agreement.

D. Definitions/In
terpretations

For purposes of this Agreement, the following definitions shall apply:

“Applicable Program” mea ns the California Renewables Portfolio Standard.

“California Renewables Portfolio Standard” means the renewable energy program and policies, codified in California Public Utilities Code Sections 399.11 through 399.32 and California Public Resources Code Sections 25740 through 25751, as such provisions are amended or supplemented from time to time, including without reservation the requirements of California Public Utilities Code Section 399.13(b) and CPUC Decision D.17-06-026.

“CEC” means the California Energy Commission or its regulatory successor.

“Costs” means, with respect to the Non-D efaulting Party, brokerage fees, commissions and other similar third party transaction costs and expenses reasonably incurred by such Party either in terminating any arrangement pursuant to which it has hedged its obligations or entering into new arrangements which replace the Agreement; and all reasonable attorneys’ fees and expenses incurred by the Non-Defaulting Party in connection with the termination of the Agreement.

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6 “CPUC” means the California Public Utilities Commission or its regulatory successor.

“FERC” m
eans the Federal Energy Regulatory Commission or its regulatory successor.

“Firm” means that Seller’s delivery obligation shall be excused only for reasons of Force Majeure.

“Force Majeure” means an event or circumstance which prevents one Party from performing its obligations under the Agreement, which ev ent or circumstance was not anticipated as of the Effective Date, which is not within the reasonable control of, or the result of the negligence of, the claiming party, and which, by the exercise of due diligence, the claiming party is unable to overcome or avoid or cause to be avoided. Force Majeure shall not be based on (i) the loss of Buyer’s markets; (ii) Buyer’s inability economically to use or resell the Product purchased hereunder; (iii) the loss or failure of Seller’s supply; or (iv) Seller’s ability to sell the Product at a price greater than the Contract Price.

“Gains” means, with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of the Agreement, determined in a commercially reasonable manner.

“Losses” means, with respect to any Party, an amount equal to the present value of the economic loss to it, if any (exclusive of Costs), resulting from termination of the Agreement, determined in a commercially reasonable manner.

“Renewable Energy Credit” or “REC” has the meaning set forth in CPUC Decision 08 -08-028, as such definition may be modified by the CPUC or applicable law from time to time.

“Secured Account” mean s the account, which is set aside and pledged by the City of Palmdale to satisfy Buyer’s obligations hereunder and out of which amounts shall be paid to satisfy all of Buyer’s obligations under this Agreement.

“Settlement Amount” means, with respect to the Non-D
efaulting Party, the Losses or Gains, and Costs, expressed in U.S. Dollars.

“STC” stands for Standard Terms and Conditions of the CPUC relating to purchase and sales of the Product.

“WECC” means the Western Electricity Coordinating Council or its successor organizations.

“WREGIS” me ans the Western Renewable Energy Generation Information System or its successor systems.

FINAL
20 JANUARY 2023
3D: 27759
7 IN WITNESS WHEREOF, the Parties have signed this Agreement effective as of the Effective Date.

3DEGREES GROUP, INC. CALIFORNIA CHOICE ENERGY
AUTHORITY, a California joint powers authority

By: ___________________________ By: ___________________________ Name: _________________________ Name: _________________________ Title: __________________________
Date: __________________________
Title: __________________________
Date: __________________________

Acknowledged:

CITY OF PALMDALE, a California municipal
corporation and charter city

By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________

FINAL
20 JANUARY 2023
3D: 27759
Exhibit B - 1

EXHIBIT B

Contract Quantity

FINAL
20 JANUARY 2023
3D: 27759
Exhibit C - 2
Defaults:

Attn:

Phone:

Email:

With a copy to:

Address:

Attn:

Phone:

Email:

Defaults:

Allison Burns, General Counsel
44933 Fern Avenue
Lancaster, CA 93534
Phone: (949) 725-4187
Email: [email protected]

With a copy to:

Hall Energy Law PC
Attn: Stephen Hall
Phone: (503) 313-0755
Email: [email protected]
CC/HA Minutes 01/18/2023 5pm & 7pm

1 MINUTES

CITY COUNCIL/HOUSING AUTHORITY

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
JANUARY 18, 2023

www.cityofpalmdale.org

5:00 P.M.
1) CALL MEETINGS TO ORDER
Mayor Bettencourt called the meeting to order at 5:07 pm.

2) ROLL CALL MAYOR/CHAIR BETTENCOURT, MAYOR PRO TEM/VICE CHAIR ALARCÓN, COUNCILMEMBERS/COMMISSIONER BISHOP, LOA, OHLSEN

COMMISSIONERS FRAGA-SAENZ, DENNY
PRESENT: Laura Bettencourt, Andrea Alarcón, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.

ABSENT: Austin Bishop.

Motion: Excuse the absence of Austin Bishop.

Moved by Laura Bettencourt, seconded by Eric Ohlsen.

Vote: Motion carried (6-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.

Absent: Austin Bishop.

3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Jason Zink commented regarding lawsuits, Dr. Mach's project, City Attorney and City Manager review and compensation, and potential projects.

A motion was made and carried unanimously to close the Public Comments.

4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter stated all items would be heard as listed, Mayor Pro Tem Alarcón would recuse herself from Item 4.1 due to a conflict of interest, and on Item

4.3 the City’s representative should be him and 4.5 the City's representative should be Interim City Manager Perez.

4. 1) 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/HA Minutes 01/18/2023 5pm & 7pm

2 4. 2) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property Address:

Vacant land located at 4th Street East near East Avenue P -14 (APN 3006 - 006-040)
Negotiators for Housing Authority: Mike Miller, Interim Assistant City Manager and Sophia Reyes, Housing Manager Negotiator for
Property Owner: Eugene and Betty Bliley Trust Under Negotiation: Price and terms of payment

4. 3) CONFERENCE WITH LABOR NEGOTIATORS
City representative: Scott Porter, Interim City Attorney Unrepresented employee: Ronda Perez, Interim City Manager This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6

4. 4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Attorney
Name: Scott E. Porter

4. 5) CONFERENCE WITH LABOR NEGOTIATORS
City designated representatives: Ronda Perez, Interim City Manager Unrepresented employee: City Attorney
5) ANNOUNCEMENT BY CITY ATTORNEY
Closed Session was held from 5:13 p.m. - 7:05 p.m.

Interim City Attorney Porter announced Items 4.1 and 4.2 were discussed and there was no reportable action and indicated that the other items were under discussion and after the open session the City Council will return back to the Closed Session to discuss the items.

6) ADJOURN CLOSED SESSION MEETING
Mayor Bettencourt adjourned the Closed Session meeting at 7:06 pm.

7:00 P.M.

Mayor Bettencourt called the meeting to order at 7:07 p.m.

7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
8) 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 Andrea Alarcón.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Richard J. Loa, Eric Ohlsen.

Absent: Austin Bishop.

CC/HA Minutes 01/18/2023 5pm & 7pm

3 9) PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
Jason Zink commented regarding a Joshua tree mitigation plan and preservation.

A motion was made and carried unanimously to close the Public Comments. 10) CONSENT CALENDAR

10.1) Approve Final Tract Map No. 73068 (located at Palmdale Blvd. and 52nd Street East). (Staff Reference: Director of Public Works Glidden)

10.2) Adopt Resolution No. CC 2023 -011, 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)
Motion: Approve all items listed on the Consent Calendar.

Moved by Richard J. Loa, seconded by Laura Bettencourt.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Richard J. Loa, Eric Ohlsen.

Absent: Austin Bishop.

11) PUBLIC HEARING
11 . 1) INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1608, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
AMENDING PALMDALE MUNICIPAL CODE SECTION 2.08.030 PROVIDING

FOR COMPENSATION FOR BOARD, COMMISSION AND COMMITTEE

MEMBERS AND LIMITING SERVICE TO ONE BOARD, COMMISSION OR

COMMITTEE AT A TIME

ADOPT RESOLUTION NO. CC 2023 -008, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ALMDALE REPEALING RESOLUTION NO. 89-74 REGARDING COMPENSATION FOR MEMBERS OF THE PLANNING

COMMISSION

ADOPT RESOLUTION NO. CC 2023 -009, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE REPEALING RESOLUTION NO. 95-157 REGARDING COMPENSATION FOR MEMB ERS OF THE MOBILE

HOME PARK RENTAL REVIEW BOARD REGARDING COMMISSION

COMPENSATION

Mayor Bettencourt read the title of Ordinance No. 1608. Interim City Manager Perez provided a detailed overview of the staff report.

Mayor Bettencourt asked for the significance of having someone from the Planning Commission on the Public Art Commission. Interim City Manager Perez stated the benefit of having a Planning Commissioner on the Public Art Commission is to ensure that the two commissions are in sync with any development that takes place and future art that would be a part of that development.

CC/HA Minutes 01/18/2023 5pm & 7pm

4 Interim City Attorney Porter stated in addition there are two proposed revisions to the ordinances before Council and the first would be to add a line on page two of the ordinance in subsection H, "and each member of any board, commission or committee may decline to receive all compensation." The second revision would be to add a new Section 2 that states, "SECTION 2.

Effective Date. This ordinance shall become effe ctive on the 30th day after its adoption. Notwithstanding the foregoing, the revisions to Subsection G of

2.08.030, of the Municipal Code shall not apply to the membership of the Mobile Home Park Rental Review Board until July 1, 2023.” and renumber the sections after the addition.

Mayor Bettencourt called for Public Testimony.

The following individuals provided public input:

Housing Commissioner Denny spoke in opposition to the amount of compensation proposed in Ordinance No. 1608.

Jason Zink commented in opposition to the compensation proposed in Ordinance No. 1608 and suggested City discounts and event tickets for community members who serve on City of Palmdale boards, commissions, committees.

A motion was made and carried unanimously to close Public Testimony.

Discussion ensued regarding the analysis that was done by staff, meeting frequency, length of meetings, members opting out and waiving the compensation.

Mayor Bettencourt requested that the members be compensated one-hundred dollars ($100) for attending required trainings. Councilmember Loa asked with Mayor Pro Tem Alarcón's requested changes, should there also be language stating that if they decline to receive the compensation would it excuse them from complying with the other requirements. Interim City Attorney Porter stated it is implicit and it can be left as drafted. Discussion ensued regarding the appreciation for those who serve the city, and employee discount cards.

Mayor Bettencourt directed staff to investigate providing employee discount cards or event tickets to the members who serve on boards, commissions, and committees.

Discussion ensued regarding the Mobile Home Rental Review Board and the compensation cap.

Motion: Introduce and Adopt Ordinance No. 1608 with amendments, and Adopt Resolution Nos. CC 2023-008 and CC 2023-009
Moved by Andrea Alarcón, seconded by Richard J. Loa.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Richard J. Loa, Eric Ohlsen.

Absent: Austin Bishop.

CC/HA Minutes 01/18/2023 5pm & 7pm

5 12) WORKSHOP PRESENTATIONS

12.1) Presentation of "Say it, Don’t Spray it" Campaign - City of Palmdale Graffiti Abatement Efforts. (Staff Reference: Community Compliance Manager Gallagher)

Community Compliance Manager Gallagher provided a detailed presentation on this item. Captain Shaffer and Detective Hanley of the Palmdale Sheriff's Department reported on the efforts of combatting the graffiti problem.

Discussion ensued regarding saturati on patrol, youth diversion, school outreach, implementing of an art component to traffic signal boxes, wrapping utility boxes, creation of a community group to clean graffiti, adopt-a-wall program, We -Tip, Crime Stoppers, private property procedures, and advertising for paint gift cards.

Interim City Manager Perez suggested the creation of a release of liability form that will allow the City of Palmdale to remove graffiti from private property.

There was further discussion among staff and Council regardin g the use of street maintenance and park staff to remove graffiti , and the status of the graffiti abatement truck.

Mayor Bettencourt suggested enhancing staff or creating a graffiti specialist position in the upcoming budget.

Mayor Bettencourt opened the Public Comments.

The following individuals provided public comments:

Jason Zink commented on adopting city colors, landscaping citywide, interactive map, spring cleaning event, and gift cards.

Laurel Forrest spoke regarding a graffiti abatement proposal and youth community service projects.

A motion was made and carried unanimously to close the Public Comments.

12.2) Economic Development Update: 2022 Contributions Impactful to Our Community and a Look Forward at 2023. (Staff Reference: Seni or Economic Development Management Analyst Schuler)

Senior Management Analyst Schuler provided a detailed presentation on this item.

The following individuals provided public comments:

Jason Zink commented on economic development, conducting a commuter study, IRS jobs, Enhanced Infrastructure Finance District, and Measure J funds.

Laurel Forrest commented on accessory dwelling units (ADU's).

CC/HA Minutes 01/18/2023 5pm & 7pm

6 A motion was made and carried unanimously to close the Public Comments.

Mayor Bettencourt requested a presentation from AV Edge. Senior Management Analyst Schuler announced AV Edge is scheduled for the next City Council meeting.

Mayor Pro Tem Alarcón stated she would like to expand and learn more about the Accounting Bootcamp . Senior Management Analyst Schuler reported that all information was offered in English and Spanish, and that they worked closely with all the Chambers to help advertise and promote the program.

Councilmember Loa encouraged outreach to businesses to come to Palmdale.
13) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public comments:

Rob Duchow, Public Affairs Manager for Southern California Gas Company, informed Council and the public that natural gas prices are increasing, shared the reasons for the increase, and provided customers with several ways to lower their gas bills and how t o receive bill assistance. Mayor Bettencourt asked if it was a permanent increase and Mr. Duchow stated it seems to be.

Jason Zink commented regarding the Rose Parade, Antelope Economic Opportunity Zone, Desert Sands Parks, Measure J, senior discounts fro m Spectrum, Littlerock Dam, and the AV unhoused.
14) CITY MANAGER’S REPORT

Interim City Manager Perez announced the Justice Sunday performance celebrating Martin Luther King, Jr. Day would be held at the Palmdale Playhouse on Sunday, January 18, 2023.

The following Council requests were made:

Mayor Pro Tem Alarcón announced the Planning Commissioner application period was open and encouraged the public to apply online. She directed staff to provide a report on whether or not the City can enact a waiver for a ny permitting fees for those who apply for permits to create public art as a graffiti abatement measure.

Councilmember Ohlsen directed staff to bring back a discussion item regarding creating a Criminal Justice Committee or Commission.

Mayor Pro Tem Alarcón announced Los Angeles County has authorized nine (9) new academies for the hiring of sheriff's. She directed staff to provide information on the timeline of the new academy's and create incentives for new deputies to come out to the Antelope Valley.

CC/HA Minutes 01/18/2023 5pm & 7pm

7 Councilmember Loa requested an update on the following major projects: Palmdale Airport, Brightline, High Speed Rail, and other projects that are coming in for industry and business.

Mayor Bettencourt asked if the Council district requests should be posted online for the public. Interim City Manager Perez stated it is important to be transparent with what the City is taking action on, but it is a conversation to have during the Council session for setting goals.

15) ADJOURN

Mayor Bettencourt adjourned the open session meeting at 9:09 pm and announced that the Council would rejoin the Closed Session meeting.

The rejoined Closed Session meeting was held from 9:09 pm - 10:23 pm.

Interim City Attorney Porter announced there was no reportable action on Item 4.3.

Interim City Manager Perez announced there was no reportable action on Item 4.4.

On Item 4.5, City Council on a 4 -0 Vote, with Councilmember Bishop absent, opted to request that Harper & Burns LLP provide Interim City Attorn ey Services on a month-to-month basis. In addition, the Council has also provided direction to the Interim City Manager to begin a nationwide recruitment to fill the position of City Attorney for the City of Palmdale.

Mayor Bettencourt adjourned the meeting at 10:25 p.m.

PASSED, APPROVED, and ADOPTED this 15th day of February 2023.

Laura Bettencourt, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: FEBRUARY 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES,

COMMUNITY COMPLIANCE DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPT ION OF ORDINANCE NO. 1606, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE

REVISING, DELETING, ADDING, AND STREAMLINING SELECTED

PROVISIONS OF THE PALMDALE MUNICIPAL CODE TO

PROMOTE PUBLIC HEALTH, SAFETY AND WELFARE RELATED

TO SIDEWALK VENDING, MOBILE FOOD VENDING, AND FOOD

FACILITY REGULATIONS TO STREAMLINE AND ENSURE

CONSISTENCY WITH STATE LAW (AMENDING PMC SECTIONS

5.04.590, 5.04.150, 5.04.190 , 8.24.210 ; ADDING PMC SECTION

5.04.600; ADDING PMC CHAPTER 8.46; REPEALING AND
DELETING PMC SECTIONS 8.04.105 , 10.04.120); AND ADOPTION OF RESOLUTION NO. CC 2023-014, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALMDALE APPROVING PERMIT FEES

FOR SIDEWALK VENDING AND MOBILE VENDING
ISSUES
Introduction and adoption of Ordinance No. 1606, an Ordinance of the City Council of the City of Palmdale revising, deleting, adding , and streamlining selected provisions of the Palmdale Municipal Code to promote public health, safety and welfare related to sidewalk vending, mobile food vending, and food facility regulations to streamline and ensure consistency with state law (amend ing PMC secti ons 5 .04.590, 5.04.150,

5.04.190, 8.24.210; adding PMC section 5.04.600; adding PMC chapter 8.46; repealing and deleting PMC sections 8.04.105, 10.04.120); and
Adoption of Resolution No. CC 2023-014, a Resolution of the City Council of the City of Palmdale approving permit fees for Sidewalk Vending and Mobile Vending.

Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
February 15, 2023

RECOMMENDATION
Staff recommends that the City Council:

1. Receive public testimony; and

2. Adopt Ordinance No. 1606 and Resolution No. CC 2023-014.

BACKGROUND
In recent years state law enactments and decisions have provided guidance on public vending and safety standards for food facilities, which require updating the Palmdale Municipal Code (“PMC”) to ensure consistency and compliance with state law.

Additionally, Palmdale has experienced an influx of public vending related concerns such as vendors operating under conditions posing imminent health and safety hazards to the public, noise and disturbance complaints in residential areas attributable to amplified sound produced by mobile vendors, and an increase in littering associated with lack of proper trash receptacles for vendors. These are just some of the vending concerns addressed in Ordinance No. 1606.

As such, this ordinance will revise, delete, add, and streamline PMC provisions related to sidewalk vending, mobile food vending, and food facility regulations to ensure that the PMC comports with recent state law enactments and to achieve more efficient enforcement of related violations to promote public health, safety, and welfare. The proposed ordinance addresses 3 kinds of regulations:
 Regulations for sidewalk vending consistent with Government Code section 51036 et seq.;
 Regulations of mobile vending including both vehicular and pedestrian solicitor vending; and
 Regulations of food facilities consistent with California Health and Safety Code section 113700, et seq.

The outcome of this ordinance will be to provide greater efficiency for the City of Palmdale’s (“City”) code enforcement efforts related to vending and food facilities, enhanced transparency, clarity, and ease of reference for the public concerning regulations related to vending and food facilities, and continued compliance with state laws to avoid any conflict between state and local law.

The concurrent resolution ensures that the City sets reasonable fees for the associated new business permits that are created through Ordinance No. 1606.

Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
February 15, 2023

DISCUSSION
Ordinance No. 1606 makes the following key proposals:

The proposed repeal and deletion of Section 8.04.105 ensures regulation of sidewalk vending in the City is in compliance and consistent with California Senate Bill 946— codified in Government Code section 51036 et seq. and streamlines the City’s vending procedures and processes as regulated in Section 5.04.590 and Chapter 8.46.

The proposed addition of Section 5.04.590 regulates sidewalk vending in the City in compliance with and consistent with California Senate Bill 946—codified in Government Code section 51036 et seq.—to ensure clear guidance, include constitutionally reasonable time, place, and manner restrictions to promote health, safety, and welfare concerns, and provide for enforcement remedies. Of note:
 PMC section 5.04.590(C), (D) requires a City business permit and special City business permit for operations;
 PMC section 5.04.590(E) allows for the use of California driver’s license or identification card, taxpayer identification number or a municipal identification number in lieu of a Social Security Number for licensing;  PMC section 5.04.590(F) establishes operational standards, including size limitations of carts, times of operation, areas of operation, and requiring vendors to provide adequate trash receptacles;
 PMC section 5.04.590(G) prohibits vending from carts in certain locations due to health, safety, and welfare concerns;
 PMC section 5.04.590(H) requires that food preparation comply with all State and local licensing requirements; and
 PMC section 5.04.590(I) specifies the penalties for violations of the section, including fines. It allows for any person who receives a fine to request an ability- to-pay determination for a fine reduction and offers the City Manager the discretion to allow community service, waive, or offer an alternative approach.

The proposed amendments to Sections 5.04.150 and 5.04.190 account for additional businesses, sidewalk vending and mobile vending, that require permits before business operation and removal of the pre-hearing requirement for issuance of certain business permits. Removal of the pre-hearing requirement for certain business permits reduces City costs and expenditure of City staff time on such review given that the PMC already has existing built-in procedures for any grievance if a permit is denied including availability of appeal, hearings, and related relief.

The proposed addition of Section 5.04.600 regulates mobile vending (vehicular vending and pedestrian solicitor vending) to ensure clear guidelines, streamline vending provisions, and include constitutionally reasonable time, place, and manner restrictions Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
February 15, 2023

to promote health, safety, and welfare concerns, and provide for enforcement remedies.

Specifically:
 PMC section 5.04.600(D) requires vehicle operators and pedestrian solicitors to obtain business permits and sets forth requirements for permit applications, reasons for City denial of a permit, and streamlines appeal procedure for business permit denial with other business license appeals;  PMC section 5.04.600(E) sets forth reasons for City suspension and revocation of permits, and streamlines appeal procedure for business permit suspension and revocation with other business license appeals; and
 PMC section 5.04.600(F) establishes conditions and prohibitions for vending such as restricted sales, information required to be made available to the public and City, permitted and restricted locations for vending, sanitation and trash requirements, operational requirements – hours of operation, use of amplified sounds, equipment prohibited, and prohibited sales, and additional regulations on ice cream truck vending to be consistent with safety requirements mandated in California Vehicle Code Section 22456.

The proposed addition of Chapter 8.46 places regulations on food facilities (restaurants, markets, delis, cafeterias, vending machines, certified farmers’ markets and notably mobile food facilities) to protect the public health, safety, and general welfare by providing authority for enforcement officers to inspect food facilities for imminent health hazards and greater enforcement options via closure of food facilities presenting imminent health hazards or impounding specific equipment and food presenting imminent health hazard. The Chapter provides for dual enforcement; Los Angeles County maintains primary enforcement authority while allowing Palmdale a limited enforcement role as it pertains to taking action to address imminent health hazards. The proposed Chapter provides clear guidelines for inspections of food facilities, closure of food facilities presenting imminent health hazards, impounding food and equipment presenting an imminent health hazard, and storage, reclamation, and disposition process for impounded food and equipment, violations and penalties for operating a food facility with imminent health hazards, and administrative hearings for permit suspensions. This Chapter references its source of authority, the California Health and Safety Code, throughout and heavily relies on the Code citing it in the definitions, as the authority to inspect, and for all procedures.

The proposed repeal and deletion of Section 10.04.120 ensures regulation of sidewalk vending and mobile vending are streamlined, and the PMC is in compliance and consistent with all applicable State law.

Resolution No. CC 2023-014 accordingly sets sidewalk vendor business permits and the related business permit fee amounts, vehicle operator business permits and the related business permit fee amount, pedestrian solicitor business permits and the Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
February 15, 2023

related business permit fee amounts, and temporary use permits for food truck mobile vending in residential zones and the related temporary use permit fee amount.

FISCAL IMPACT
There is no fiscal impact associated with this action.

STRATEGIC PLAN
Maintain effective public safety and promote health, safety, and welfare concerns relating to public vending.

Prepared by: Sara Gallagher, Community Compliance
Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS

1. Ordinance No. 1606

2. Resolution No. CC 2023-014

CITY OF PALMDALE
ORDINANCE NO. 1606

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE TO PROMOTE PUBLIC

HEALTH, SAFETY AND WELFARE BY DELETING, AMENDING, AND ADDING SELECT

PROVISIONS OF THE PALMDALE MUNICIPAL CODE RELATED TO SIDEWALK VENDING, MOBILE

FOOD VENDING, AND FOOD FACILITY REGULATIONS TO STREAMLINE AND ENSURE

CONSISTENCY WITH STATE LAW
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;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Palmdale Municipal Code (“PMC”) periodically to comply with recent state law enactments and decisions and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare; WHEREAS, in light of recent state 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 street vendors; and other related provisions; WHEREAS, recent California Senate Bill 946—codified in Government Code sections 51036 to 51039—limited local authorities’ ability to regulate street vendors, including methods of enforcement, and as a result, the City Council has identified key changes to its current enforcement scheme in the PMC to comply with the new law;
WHEREAS, the City wishes to ensure that the PMC’s provisions for sidewalk vending, other forms of mobile vending including food truck and ice cream truck vending, and regulation of food facilities are consistent with State law for accuracy of enforcement and transparency for the public; 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 8.04.105 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 2: Section 5.04.590 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.590 Sidewalk Vending
(A) Definitions. As used in this Section, the terms listed below shall have the following meaning assigned to them:
(1) “Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(2) “Certified Farmers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(3) “Roaming Sidewalk Vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(4) “Sidewalk Vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.
(5) “Stationary Sidewalk Vendor” means a sidewalk vendor who vends from a fixed location. (6) “Swap Meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(7) “Vend” or “Vending” means operating as a sidewalk vendor. (B) Applicability. The requirements of this chapter shall not apply to the following persons:
(1) Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. (2) Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks and ice cream trucks.
(C) Business License and Special Business Permit Required. (1) No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with Section 5.04.050 and related sections of Chapter 5.04 of Title V, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of Title V of this code. (2) No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with this Section 5.04.590 of Title V, and complying with all requirements of the permit.
(3) The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this section shall be made not less than thirty days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year. (4) A separate business license and special business permit shall be required for each cart. (D) Requirements for Permit Application. An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:
(1) The name, address, and telephone number of the applicant and each person who will operate the cart.
(2) A photo identification of the applicant and each person who will operate the cart.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(3) A description of the cart, including the dimensions of the cart, and a photograph of the cart. (4) A complete list of the food or merchandise to be sold. (5) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(6) The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
(7) A City of Palmdale business license.
(8) A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.
(9) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
(E) Identification Numbers; Confidentiality. Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order. (F) Operational Standards.
(1) Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City.
(2) All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.
(3) No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones. (4) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no sidewalk vendor may operate in any residential zone earlier than 8:00 a.m. or later than 30 minutes before sunset.
(5) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof or awning, of 78 inches.
(6) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the Ordinance No. 1606 – Efficient Enforcement of Code Violations

selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.
(7) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks. (8) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10- foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.
(9) In order to prevent damage to public property and prevent obstructions of the public right-of- way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right- of-way.
(10) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(11) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property. (12) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (13) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.
(14) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart. (15) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart.
(G) Location of Carts. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and City- permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of- way:
(1) Any area other than a public sidewalk or pedestrian path. (2) Within 15 feet of a fire hydrant, fire call box, or other emergency facility. (3) Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public.

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(4) Within 15 feet of the outer edge of a driveway or driveway apron. (5) Within 15 feet of a transit stop.
(6) Adjacent to any marked loading zone or bus zone.
(7) Within 5 feet of a curb return.
(8) Any location that would impede entering or exiting a parked vehicle. (9) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(10) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.
(11) Within 100 feet of a City-permitted special event, including but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.
(12) Within 300 feet of any public or private school grounds between 7:00 a.m. and 6:00 p.m. on school days, and while the same is in use, including for afterschool childcare, enrichment classes and sports.
(13) Upon or within any roadway, median strip, or dividing section. (14) Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
(15) Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations.
(H) Special Requirements for the Sale of Food. All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.
(I) Penalties. For purposes of this Section, “sidewalk vending program” refers to the provisions of Sections

5.04.590(F) through 5.04.590(H) and Section 8.24.210, inclusive, and the requirement to obtain a special business permit pursuant to Section 5.04.590(C)(2).
(1) A violation of any provision in Sections 5.04.590(F) through 5.04.590(H) and Section 8.24.210, inclusive, may only be punished by the following:
(a) An administrative fine not exceeding one hundred dollars ($100) for a first violation.

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(b) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(c) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(d) Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations.
(2) Vending without a special business permit may be punished by the following:
(a) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(b) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(c) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(3) Upon proof of a valid special business permit, an administrative fine imposed under Section

5.04.590(I)(2) shall be reduced to the respective administrative fine set forth in Section

5.04.590(I)(1).
(4) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by Section 5.04.590(I)(1) and (2). (5) Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 5.04.590(F) through 5.04.590(H) and Section 8.24.210, inclusive, nor a failure to pay an administrative fine, imposed by Section 5.04.590(I)(1) or (2) shall be punishable as an infraction or misdemeanor.
(6) Any person who receives an administrative fine under Section 5.04.590(I)(1) or (2) shall have the right to request an ability-to-pay determination.
(a) The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued. (b) A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. (c) Upon receipt of a request for an ability-to-pay determination, the City manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City manager or his or her designee shall be final. (d) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.
(7) The City manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.04.590(I)(1) or (2) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

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(8) Nothing in the chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.

SECTION 3: Section 5.04.150 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:
(1) Adult-oriented businessesº;
(2) Ambulances and ambulance drivers+;
(3) Billiards;
(4) Bingo;
(5) Carnivals and concessionsº+;
(6) Dance halls and dancesº;
(7) Entertainmentº;
(8) Introductory servicesº;
(9) Fortunetelling;
(10) Game arcades;
(11) Gun dealers;
(12) Health clubs;
(13) House and street numbering;
(14) Hypnotist+;
(15) Locksmith;
(16) Massage establishments and massage techniciansº;
(17) Motion picture theater+;
(18) Pawnbrokers and secondhand dealers;
(19) Sidewalk vending;
(20) Reserved;
(21) Private patrol service;
(22) Family entertainment center+º;
(23) Swap meet;
(24) Taxicabs and taxicab drivers+;
(25) Tobacco/smoking product retailer;
(26) Tow trucks+;
(27) Mobile vending.
+ Indicates that such business activity is subject to insurance or bond requirements. º Indicates that such business activity requires a permitted manager pursuant to PMC 5.04.050. (B) The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this chapter commencing with PMC 5.04.400.

SECTION 4: Section 5.04.190 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.190 Reserved
SECTION 5: Section 5.04.600 is hereby added to Title 5 of the Palmdale Municipal Code, and is to read in its entirety as follows:

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5.04.600 MOBILE VENDING
(A) Purpose and intent.

It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of public lands. The City Council finds it necessary to regulate mobile vending for this purpose while ensuring that all such regulations comport with applicable law.

Reasonable regulations are necessary to ensure that mobile vending is operated in accordance with health, safety and traffic laws of the state and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this Section are enacted to ensure consistency with State law, including Section 22455 of the California Vehicle Code related to ice cream truck vending and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”) for food handling, as each may be amended. (B) Definitions. As used in this Section, the terms listed below shall have the following meaning assigned to them:
(1) “Food establishment” means any restaurant or grocery store with a permanent store front location.
(2) “Goods or merchandise” means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items. (3) “Human powered device” means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance. (4) “Ice cream truck” means any motor vehicle requiring license from the California Department of Motor Vehicles which is used to vend at retail:
(a) Prepackaged frozen dairy or water-based food products; or (b) Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the ice cream truck carries other prepackaged food products. (5) “Mobile food truck” means a motorized vehicle or mobile food unit that should be licensed by the Department of California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
(6) “Pedestrian Solicitor” means a person vending goods or merchandise from their person without the use of a vehicle.
(7) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(8) “Public property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk. (9) “Vehicle” means a motorized vehicle or mobile food unit that should be licensed by the Department of California Department of Motor Vehicles (whether licensed or not), designed and Ordinance No. 1606 – Efficient Enforcement of Code Violations

equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public as well as any trailer or other similar apparatus that can be attached to a motorized vehicle whether attached at the time of vending or not, and shall not include any human powered device and shall include an ice cream truck and mobile food truck. (10) “Vehicle Operator” means any person or entity owning a ten percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle.
(11) “Vend” or “Vending” means the sale or offering for sale of any goods or merchandise to the public by a vehicle operator or pedestrian solicitor on a public street, private street open to the public, or other public property.
(12) “Vendor” means any pedestrian solicitor or any vehicle operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of a pedestrian solicitor or vehicle operator, who engages in the act of vending. (C) Applicability. This Section is intended to apply to all vending at any locations within the City. However, it does not apply in the following circumstances:
(1) Sidewalk vending described in Section 5.04.590 of Title 5 of the Palmdale Municipal Code if all legal requirements therein are met.
(2) Contractual or other private arrangement between a vendor and an individual or entity that wishes to have food catered to a specific location on private land and which is not open to the public subject to the following: the vendor shall possess and at all times display in conspicuous view upon their vehicle in connection with a vehicle operator or upon their person in connection with a pedestrian solicitor, a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands.
(3) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.
(4) Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the City, state or federal government for such purpose.
(5) Any person exempted from the provisions of this chapter by any local, state or federal law, regulation or statute.
(D) Vehicle operator and pedestrian solicitor permits.

Any person desiring to obtain a vehicle operator’s permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the business license division of the finance department. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee.

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(1) Vehicle Operator. Each permit applicant for a vehicle operator permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a state law or state or federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (e) A detailed description of the goods or merchandise which the applicant will vend; (f) The make, body style, year, VIN number, state license plate number, names and addresses of each registered and legal owner of each vehicle and a copy of a valid vehicle registration for the subject vehicles;
(g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant’s business that will appear on each vehicle; (h) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the operator along with an email and cellular number for such individuals;
(i) Evidence of compliance with the insurance requirements of the Vehicle Code as to each vehicle; and
(j) The details of any known contractual or other private arrangement between a mobile food truck and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this Section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (2) Pedestrian Solicitor. Each permit applicant for a pedestrian solicitor permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall Ordinance No. 1606 – Efficient Enforcement of Code Violations

be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a state law or state or federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (e) A detailed description of the goods, merchandise, or services which the applicant will vend; and
(f) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the pedestrian solicitor along with an email and cellular number for such individuals.
(j) The details of any known contractual or other private arrangement between a pedestrian solicitor and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this Section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (3) The business license division shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time.
(4) Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes:
(a) 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.
(b) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the permit. (c) 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 or Federal law. (d) Failure to comply with the requirements of this Section or other provisions of the code by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(e) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(5) Appeal Procedure. Written notice of denial, setting forth the grounds for denial, shall be served on the applicant. Any person aggrieved by a denial of a permit pursuant to this Section may appeal such denial to the City manager or designee pursuant to the procedures set forth in Section

5.04.340. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the denial did not merit any of the grounds for denial under subdivision (D)(4) of this Section to the City clerk within ten days after service of notice of the City Ordinance No. 1606 – Efficient Enforcement of Code Violations

manager’s decision or designee. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to Sections 5.04.340–360. (6) Each permittee shall notify the business license division, in writing, within 10 business days of any change in the required application information under subdivision (D)(1) and (D)(2) of this Section.
(E) Suspension and revocation of permit.
(1) Any vehicle operator’s permit or pedestrian solicitor’s permit may be temporarily suspended or revoked by the business license division for any of the following reasons:
(a) Provision of false information on the permit application. (b) Failure of the permittee to notify the business license division within ten business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit. (c) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee’s behalf, of this chapter or any other local, state, or federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit. (d) While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver’s license, or operation of a vehicle found by police inspection to be unsafe and in violation of the Vehicle Code.
(e) The permittee no longer operates in accordance with the information and documentation supplied in connection with the vehicle operator permit application set forth in Section 5.04.600(D)(1).
(f) The permittee no longer operates in accordance with the information and documentation supplied in connection with the pedestrian solicitor permit application set forth in Section

5.04.600(D)(2).
(g) 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. (h) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(2) Appeal Procedure. Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal. Any person aggrieved by a suspension or revocation of a permit pursuant to this Section may appeal such denial to the City manager or designee pursuant to the procedures set forth in Section 5.04.340. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the suspension or revocation did not merit any of the grounds for suspension or revocation under subdivision (E)(1) of this Section to the City clerk within ten days after service of notice of the City manager’s or designee’s decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to Sections 5.04.340–360.

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(3) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(4) Notices required or permitted to be served pursuant to this Section may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law.
(F) Conditions and prohibitions. It is unlawful for any pedestrian solicitor or vehicle operator to sell or offer for sale any goods, merchandise, or services upon any public street or private street open to the public, except in accordance with all applicable provisions of this Code, all state and federal laws and regulations, the terms of their city-issued permit, and in compliance with each of the following requirements:
(1) Information Made Available to the Public and City.
(a) Each vendor shall possess and at all times display in conspicuous view upon their person or upon each vehicle, as the case may be, the actual business name and telephone number, and a City business certificate issued pursuant to Title 5. (b) Each vendor shall possess and display upon request by any potential customer or City representative, a vehicle operator’s permit or pedestrian solicitor’s permit issued pursuant to this chapter, or a full, true and correct copy thereof. (c) Each vendor causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the county health department required by law shall possess and present such required permits. Vendors must at all times display such required permits in conspicuous view upon such vehicle or have on their immediate person ready to present at all times.
(d) Each vendor who enters into a contractual or other private arrangement with an individual or entity that agrees to have food catered to a specific location on private land and which is open to the public shall possess and at all times display in conspicuous view upon their person or vehicle a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands. (e) Each vendor shall possess and wear upon their person a City-issued badge, issued in connection with this Chapter.
(2) Location.
(a) Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property.

Further, mobile food truck vending is not permitted in residential zones (R-1, R-2, and R- 3) unless mobile food truck vending is approved by the City in such zone in connection with a validly issued special event permit or temporary use permit, pursuant to Section

17.27.030, prior to engaging in any residential vending. (b) No vending shall be permitted within 50 feet of any intersection of two or more streets or any location that may impede a sidewalk or pedestrian traffic. (c) No vending shall be permitted within 1,000 feet of the front entrance of any public or private elementary, junior high, or high school.

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(d) No vending shall be permitted within 1,000 feet of the front entrance of any food establishment.
(e) No vending shall be permitted on City streets with a speed limit at or above 45 miles per hour.
(f) No vending shall be permitted at any public park unless the vending occurs as part of a City-sponsored function and the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending. (g) No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
(h) No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb.
(i) No vendor shall operate in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (j) Vehicle vending shall be only by means of a vehicle duly registered and licensed by the state with an unladen weight of less than 6,000 pounds. (k) All vending must ensure the safe and proper disposals of fats, oils, and greases (“FOGs”) and be in compliance with applicable disposal regulations, including Los Angeles County Code (LACC), Title 20, Division 2, other laws, regulations, and ordinances concerning proper disposal of FOGs and other industrial wastes and health and safety State, local, and Federal laws.
(3) Sanitation and Trash.
(a) Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom. (b) Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes.

No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (c) Each pedestrian solicitor shall operate within 100 feet of a trash receptacle. (4) Operation – Hours, Amplified Sounds, Equipment, Prohibited Sales. (a) Vending is permitted only between the hours of 8:00 a.m. and 10:00 p.m. of any day. (b) Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the City.

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(c) No vending under this Section may utilize chairs, tables, or other equipment unless City approval is given through an issued permit under this Section. (d) It is unlawful for any vendor to sell any item or thing which is otherwise prohibited from being sold within the City, including, but not limited to, any goods or products not identified in the application for a vehicle operator’s permit or pedestrian solicitor’s permit. (5) Additional Regulations on Ice Cream Truck Vending.
(a) Safety and Sanitation.
(i) Each vendor shall ensure that the standard warning flashers shall be in operation immediately upon the vehicle stopping to vend and cease operation as the vehicle begins to move after vending.
(ii) Each vendor shall have signs painted or mounted on the front and back of each vehicle using black four-inch tall letters on a yellow background with a black one- inch border around each sign. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and be eight inches high by forty-eight inches wide.

An additional sign or signs shall be painted or mounted on the rear of each vehicle above the first sign and shall read “WARNING” in English, Spanish, and Vietnamese, using the same size letter and paint requirements. (iii) Each ice cream truck vendor shall pick up and deposit in the trash receptacle on the ice cream truck all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (iv) Each vendor shall have any other safety equipment and follow any other requirements mandated by the California Vehicle Code.
(b) Operation – Hours, Amplified Sounds, Location, Required Sales. (i) Hours. Ice cream truck vending is permitted only between the hours of 8:00 a.m. to one hour after sunset.
(ii) Amplified sound use by ice cream truck vendors. Any use of amplified sound- making devices, to advertise, draw attention to, or announce the presence of such vendor, shall also comply with all applicable noise and sound regulations effective within the City in addition to the following:
(1) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary. (2) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound Ordinance No. 1606 – Efficient Enforcement of Code Violations

from an ice cream truck after 7:00 p.m. or one hour after sunset, whichever occurs first.
(3) No person shall use, play or employ any sound, outcry, amplifier, production loudspeaker, or any other instrument or device for the of sound from an ice cream truck in such a manner to create a disturbance of the peace.
(c) Location.
(i) No vending from such vehicle shall be permitted on City streets with a speed limit above 25 miles per hour.
(ii) No person shall stop to vend from an ice cream truck within 200 feet of another ice cream truck that has already stopped to vend.
(d) Prohibited sales. Ice cream truck vendors shall only sell frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks.
(G) Special Events. Nothing in this Section shall affect the city’s ability to host, sponsor, allow, or authorize special events approved for vending purposes or with vending components.

SECTION 6: Section 8.24.210 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) No stationary sidewalk vendor may operate in a City-owned or City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

SECTION 7: Chapter 8.46 is hereby added to Title 8 of the Palmdale Municipal Code, and is to read in its entirety as follows:

Chapter 8.46

REGULATION OF FOOD FACILITIES
Sections:

8.46.010 Purpose and intent.

8.46.020 Definitions.

8.46.030 Right of inspection.

8.46.040 City inspection to identify immediate public health or safety hazards.

8.46.050 Storage and reclamation process.

8.46.060 Violations and penalties.

8.46.070 Public nuisance declared.

8.46.080 Right to administrative hearing.

8.46.090 Severability.

8.46.010 Purpose and intent.

The purpose of this chapter is to protect the public health, safety, and general welfare by regulating food facilities.

8.46.020 Definitions.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

As used in this chapter, the terms listed below shall have the meaning assigned them:
(A) “Enforcement Officer” means the Los Angeles County Director of the Department of Environmental Health or the City of Palmdale Senior Code Enforcement Officer, and their respective designees. (B) “Equipment” means any utensil, tool, pot, vessel, container, or other implements used in a hawking or vending operation or activity and any cart, pushcart, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
(C) “Food” means any substance intended for human consumption sold or otherwise provided by a food facility.
(D) “Food Facilities” means a food facility as defined in Section 113789 of the California Health and Safety Code. These are commonly referred to as restaurants, markets, delis, cafeterias, mobile food facilities, mobile support units, vending machines, and certified farmers' markets. This definition also includes commercial food establishments.
(E) “Food Preparation” means food preparation as defined in Section 113791 of the California Health and Safety Code.
(F) “Imminent Health Hazard” means significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that can cause food infection, food intoxication, disease transmission, vermin infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death as defined in Section 113810 of the California Health and Safety Code. (G) “Permit” means the document issued by the Los Angeles County Department of Health that authorizes a person to operate a food facility as defined in Section 113851 of the California Health and Safety Code. (H) “Responsible Party” means the legal owner or the person from whose possession equipment or food was impounded.

8.46.030 Right of inspection.

Pursuant to California Health and Safety Code Section 114390, the enforcement officer shall have the right to inspect any food facility, or any facility suspected of being a food facility, during the food facility’s hours of operation or at any other reasonable time.

8.46.040 City inspection to identify imminent health hazards. (A) The enforcement officer through the City may inspect each food facility at regular intervals to ensure no facility or establishment presents an imminent health hazard. All food facilities shall comply with those requirements set forth in the California Retail Food Code, as amended and appearing in California Health and Safety Code Sections 113700, et seq.
(B) In the event the enforcement officer through the City identifies conditions presenting an imminent health hazard, the enforcement officer may:
(1) Temporarily suspend the permit and order immediate closure of a food facility pursuant to Health and Safety Code Section 114409 whenever the enforcement officer reasonably believes the facility or establishment presents an imminent health hazard; and/or (2) An enforcement officer may impound equipment or food found to be, or suspected of being, unsanitary or in such disrepair that food or equipment may become contaminated or adulterated pursuant to Health and Safety Code Section 114393 or otherwise presents an imminent health hazard.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(C) Whenever a permit is suspended pursuant to Section 8.46.040(B)(1) as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, specifying the pertinent code section, and informing the permitholder of the right to a hearing.
(D) Whenever equipment is impounded pursuant to Section 8.46.040(B)(2) as a result of an imminent health hazard, the enforcement officer shall tag the equipment and shall issue a receipt for impound setting forth the imminent health hazard and providing details for reclamation. (E) Whenever food is impounded pursuant to Section 8.46.040(B)(2) as a result of an imminent health hazard, the enforcement officer may destroy the food upon determination that storage would be unsanitary.

If the enforcement officer determines that storage of the food is feasible, the enforcement officer may tag the food and shall issue a receipt for impound setting forth the imminent health hazard and providing details for reclamation.

8.46.050 Storage, reclamation, and disposition process. (A) Whenever equipment or food is impounded pursuant to Section 8.46.040(B)(2), the enforcement officer shall move the impounded equipment or food to a designated place of storage at the City through the Code Enforcement Division. The City shall maintain a record of the date and manner of coming into possession of the impounded equipment or food, adequate description of the same, and the dates of storage and disposition of the equipment or food.
(B) The impounded equipment or food will be stored and made available for release for a period of 30 days from the date the equipment or food was impounded, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law. Upon expiration of that initial 30 day period, the City shall provide one final notice if the responsible party does not seek reclamation pursuant to subdivision (1) of this Section.
(1) Reclamation. During the 30 day holding period pursuant to Subdivision (B) of this Section, the responsible party may repossess the equipment or food provided he or she presents to the City’s Code Enforcement Division the receipt of impoundment and provides proof of ownership or otherwise provides proof of ownership by, among other methods, describing the location and date when the equipment or food was impounded from public area, and providing reasonably specific and detailed description of the personal property as well as photographic identification, as defined in Section 1.04.100. If ownership cannot be determined to the satisfaction of the Code Enforcement Division, the City may refuse to return the equipment or food until ordered to do so by a court of competent jurisdiction; however, the impounding agency shall continue to hold the equipment or food until such determination is made. (2) Disposition other than reclamation. If no responsible party seeks reclamation during the 30 day holding period pursuant to Subdivision (B) of this Section, the City may determine how to dispose of the impounded equipment or food pursuant to the following process:
(a) 60 Day Final Notice. Upon expiration of the 30 day holding period pursuant to Subdivision (B) of this Section, the Code Enforcement Division will issue a 60 Day Final Notice to the responsible party providing details for reclamation and notice of disposition after expiration of the 60 day final notice period.
(b) City Disposition After Expiration of 60 Day Final Notice. Upon expiration of the 60 day final notice period, any remaining equipment or food not claimed may be appropriated to the City upon order from the City manager or designee that the equipment or food can be used for a public use. Any equipment or food not appropriated to the City may be sold at Ordinance No. 1606 – Efficient Enforcement of Code Violations

a public auction or disposed of in such a manner as deemed appropriate by the City manager or designee.
(C) The City shall not be required to undertake any search for, or return, any impounded equipment or food stored other than provided in this Section.

8.46.060 Violations and penalties.

It is unlawful to have any immediate health hazard upon any food facilities within the City and is punishable as set forth in PMC Chapter 1.12 as a misdemeanor, consistent with Health and Safety Code Section 114395.

8.46.070 Public nuisance declared.

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 enforcement officers as provided in PMC Chapter 8.36, irrespective of any other remedy hereinabove provided. Each day such condition continues shall constitute a new and separate offense.

8.46.080 Administrative hearing.
(A) Request for hearing.
(1) The owner or other responsible person who was issued a notice pursuant to Section

8.46.040(C) may contest the enforcement officer’s permit suspension 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, within 15 calendar days from the issuance date of the notice. Failure to file a request for a hearing in the office of the City Clerk within the required period shall have waived the right to a hearing and admitted that the permit suspension was reasonable and justified. In that event, the permit suspension by the enforcement officer is final.
(2) A request for a hearing shall state: the date and number of the notice; the address or location of the business; 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 that the permit suspension was unwarranted.
(B) Timing of hearing.
(1) The hearing will be conducted within 15 days of the date a timely and complete request is received by the office of the City Clerk. The City Clerk or his or her designee 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 5 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, City action or proceeding conducted pursuant to this chapter.; and the date and signature of the person requesting the hearing.
(C) Hearing procedures.
(1) At least 3 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). 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 Ordinance No. 1606 – Efficient Enforcement of Code Violations

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. (2) The Hearing Officer designated or appointed by the City Manager or his or her designee shall hear all requests for hearings pursuant to this Chapter in accordance with the procedures established herein.
(3) 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 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 order and judgment in favor of the City. (4) At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether suspension of the permit was proper as stated in the notice. 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. (5) 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 circumstances warranting permit suspension, by a preponderance of evidence. The person requesting the hearing and the 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.
(6) 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.
(D) Hearing decision.
(1) Based upon the evidence regarding the suspension of the permit submitted in connection with the hearing, the Hearing Officer shall determine whether the permit suspension was warranted. 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 permit suspension is upheld, the Hearing Officer shall issue an order. The Hearing Officer shall promptly give written notice to the person requesting the hearing 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.

8.46.090 Severability.

In any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are hereby declared to be severable.

SECTION 8: Section 10.04.120 of Title 10 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

SECTION 9: 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 10: This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 11: 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.

SECTION 12: 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:
_______________________________ _______________________________ William P. Curley, III, 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

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING ADOPTION OF PERMIT FEES FOR SIDEWALK VENDING

AND MOBILE FOOD VENDING
WHEREAS, the City Council has determined that City Staff provides business permitting services to the public; and
WHEREAS, the City Council may adopt the concurrently proposed Ordinance No. 1606 adding Section 5.04.590 (Sidewalk Vending) and Section 5.05.600 (Mobile Vending) to Title 5 the Palmdale Municipal Code, which will add new forms of business permits needed in connection with Sidewalk Vending and Mobile Vending; and WHEREAS, the City Council desires to ensure it can properly and effectively serve the public in processing and issuing the new forms of business permits needed in connection with Sidewalk Vending and Mobile Vending should Ordinance No. 1606 be adopted and wishes to set reasonable fees for such efforts in compliance with State Law, including Government Code section 66014; and
WHEREAS, the City Council conducted a duly noticed public hearing on February 15, 2023 at which time the public was invited to make oral and written presentations as part of the City Council’s meeting prior to the adoption of this Resolution and concurrently proposed Ordinance No. 1606; and
WHEREAS, at least ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code Section 66000, et seq., and
WHEREAS, the City published notice of the public hearing as described above in accordance with Government Code Sections 6062(a), 66014, 66016, 66017 and 66018 for the various fees.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. Adopt Resolution No. CC 2023-014 to authorize the proposed permit fees for sidewalk vending and mobile vending.

SECTION 2. The City Council hereby finds and determines that the existing, new or increased fees, rates, and charges established in this Resolution are in an amount reasonably necessary to recover the costs of providing the service, review, document, facility, or commodity for which such fee, rate, or charge is levied or authorized to be levied.

SECTION 3. Adoption of Resolution No. 2023-014 establishes sidewalk vendor business permits and the related business permit fee amount as follows:

BUSINESS PERMITS
Description FY 2023
Fee
Comments
Business Permit Required: Sidewalk Vendor
Sidewalk Vendor
a. Application for permit $77.70 Plus $5.18 Id badge
b. Annual renewal of permit $77.70 Plus $5.18 Id badge SECTION 4. Adoption of Resolution No. 2023-014 establishes vehicle operator business permits and the related business permit fee amount as follows:

BUSINESS PERMITS
Description FY 2023
Fee
Comments
Business Permit Required: Mobile Vending: Vehicle Operator Mobile Vending: Vehicle Operator
a. Application for permit $77.70 Plus $5.18 Id badge
b. Annual renewal of permit $77.70 Plus $5.18 Id badge SECTION 5. Adoption of Resolution No. 2023-014 establishes pedestrian solicitor business permits and the related business permit fee amount as follows:

BUSINESS PERMITS
Description FY 2023
Fee
Comments
Business Permit Required: Mobile Vending: Pedestrian Solicitor Mobile Vending: Pedestrian Solicitor
a. Application for permit $77.70 Plus $5.18 Id badge
b. Annual renewal of permit $77.70 Plus $5.18 Id badge SECTION 6. Adoption of Resolution No. 2023-014 establishes temporary use permits for food truck mobile vending in residential zones and the related temporary use permit fee amount as follows:

PLANNING
Description FY 2023
Fee
Comments
Temporary Use Permit
Food Truck Vending in Residential Zone $250.00 flat fee SECTION 7. If Ordinance No. 1606 is adopted, the new rates, fees, and charges set forth in this Resolution shall become effective on the first date that the amounts can legally be enforced. If Ordinance No. 1606 is not adopted, this Resolution shall not become effective.

SECTION 8. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 15th day of February 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III, Interim City Attorney Rochelle Scott, 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 15th day of February 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk