Palmdale City Council
January 24, 2024

AMENDMENT #1
TO
CONTRACT # 020221-SAM

THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Samsara Inc. (Vendor).

Sourcewell awarded a contract to Vendor to provide Fleet Management Technologies with Related Software Solutions to Sourcewell and its Participating Entities, effective April 1, 2021, through March 26, 2025 (Contract).

The parties agree that Section 6.B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM of the Contract is deleted in its entirety and replaced with the following:

ADDITIONAL TERMS AND CONDITIONS/PAR TICIPATING ADDENDUM. In order to purchase from Vendor under this Contract, Participating Entity agrees that its purchase order shall be subject to Vendor’s then-current Terms of Service at https://www.samsara.com/legal/public-sector-customers-platform-terms-of- service/. Additional terms and conditions to a purchase order or other required transaction documentation, in addition to such Terms of Service, may be negotiated between a Participating Entity and Vendor, such as job or industry- specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific loca l policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be worked out directly between the Participating Entity and the Vendor, but the Participating Entity agrees this Participating Addendum shall at least include such Terms of Service. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

Except as amended above, the Contract remains in full force and effect.

Sourcewell Samsara Inc.

B y : B y :

Jeremy Schwartz, Director of Operations/CPO Adam Eltoukhy

D a t e : T i t l e :

A p p r o v e d : D a t e :

B y :

Chad Coauette, Executive Director/CEO

Date:

Executive Vice President, Chief Legal Officer








  






























City Council Staff Report
DATE: JANUARY 24, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 3
SUBJECT: AWARD CONSTRUCTION AGREEMENT WITH R.C. BECKER AND SON, INC. FOR PN 741, AVENUE S -8 AND 40TH STREET EAST
ROUNDABOUT PROJECT, FOR $3,545,778 FOR A TERM OF 150

WORKING DAYS FROM THE DATE OF THE NOTICE TO PROCEED

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement No. A-8159 to R.C. Becker and Son, Inc. for PN 741, Avenue S-8 & 40th Street East Roundabout Project, for $3,545,778; and,

2. Authorize the budget adjustment to the project due to increased federal funding and associated match; and,

3. Authorize the City Manag er or her designee to execute Agreement No. A -8159 with R.C. Becker and Son, Inc., including non-substantial changes.

BACKGROUND
Project No. 741, Avenue S-8 and 40th Street East Roundabout Project was awarded a grant in 2016 from the Caltrans Highway Safety Improvement Program (HSIP) to provide for the removal of the existing 4-way stop intersection at Avenue S-8 and 40th Street East and the construction of a new roundabout to serve all directions of travel. Additional improvements include new curb, gu tter, sidewalk, ADA ramps, bike lanes, raised medians, drainage improvements, streetlights, signing and striping, xeriscape landscaping, and a center pedestal for future public art. Phase 1 of the project provided for the relocation of a waterline that wasin conflict with the roundabout. This phase of the project was completed in July 2022.

DISCUSSION
On September 28, 2023, the project was advertised electronically through PlanetBids.

Over 885 vendors were notified. Fifty-six (56) vendors downloaded the bi d documents for review, with eleven (11) vendors registered as prime contractors (including one local presence).

Report to Mayor and City Council
Re: Award of PN 741, Agreement No. A-8159
January 24, 2024

On October 18, 2023, two (2) contractors attended the non-mandatory pre-bid meeting.

On November 6, 2023, two (2) bids for this project were received and are summarized below:

Bidder Location Amount

1. R.C. Becker and Son, Inc. Santa Clarita, CA $3,545,778.33

2. C.A. Rasmussen, Inc. Chino, CA $4,116,626.00
Bids received were higher than the estimated construction cost; however, individual bid items were generally competitive with current construction costs. In December 2023, the City was able to secure an additional $469,580 in HSIP grant funding to be used for construction.

Upon reviewing the bids and checking references, R.C. Becker and Son, Inc. was the lowest responsive, responsible bidder, and staff recommends awarding PN 741 to R.C.

Becker and Son, Inc. for $3,545,778.33. The construction timeline is expected to take approximately nine (9) months from the Notice to Proceed date.

Please note that this item was originally intended to be presented for award at the City Council meeting on December 20, 2023. As the council agenda was modified for the January 2024 meetings, it was found that, per the contract documents, the bid bond would expire on January 5, 2024. Upon the advice of the City Attorney, the City asked the lowest bidder to provide the City with a letter of commitment to hold their bid prices and follow the bid requirements. The City received this letter of commitment on December 13, 2023.

FISCAL IMPACT
$3,936,940; The project is funded in Account No. S0066. There are sufficient funds for this project based on additional funding provided by Caltrans (HSIP grant) and associated City Match (Measure R Local Return).

Report to Mayor and City Council
Re: Award of PN 741, Agreement No. A-8159
January 24, 2024

The fiscal impact and remaining account balance can be seen in the following table:

Scope of Work Cost
Agreement No. A-8159 for Construction $3,545,778
Construction Contingency (8%) $283,662
Construction Inspection $20,000
Material Testing $40,000
Labor Compliance $17,500
Administration $30,000
Total $3,936,940
Account Number Adjusted
Balance
Total Project
Costs
Remaining
Balance
S0066240-1076 (Grant) $2,581,591 $2,581,591 -0-
S0066218 (Measure R) $1,566,416 $1,355,349 $211,067 Total $4,148,007 $3,936,940 $211,067

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

ATTACHMENTS
Draft Agrmt No. A-8159 with R.C. Becker and Son, Inc.

Exh A Site Map
AGREEMENT NO. A- 8159

CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALMDALE AND R.C. BECKER AND SON, INC.

THIS CONTRACT (“Contract”) is made and entered into by and between City of Palmdale, a public entity ("City"), and R.C. BECKER AND SON, INC., a CALIFORNIA S-CORPORATION ("Contractor"). Contractor and City are collectively referred to herein as the “parties.” This Contract shall become effective on the date of the last signatory.
1 Scope of Work
Contractor shall complete the Project in accordance with this Contract. Contractor shall furnish all materials and perform all work required for the completion of the following Project:

City Project No. 741 \ Federal Project No. HSIPL 5378 (044), the Avenue S-8 and 40th Street East Roundabout Project, which includes the removal / demolition of existing intersection control at the intersection of Avenue S-8 and 40th Street East, construction of a new roundabout at the intersection, construction of additional improvements including curb, gutter and sidewalk, ADA ramps, bike lanes, landscaping, raised medians, minor drainage improvements, installation of new LED streetlights, signing & striping, and other miscellaneous improvements. 2 Standard Specifications
Standard Specifications for City projects are those contained in the 2021 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of Three Million Five Hundred Forty Five Thousand, Seven Hundred Seventy Eight Dollars and Thirty Three Cents ($3545778.33) for the construction of the Project. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

4 Completion Date
1-47Concord - Document ID: generated after first signature

The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within one hundred fifty (150) working days of said notice.

5 Payment and Performance Bonds; Guaranty

Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, the Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein.

6 Licenses

At all times during the term of this Contract, Contractor shall possess a valid and current Class A Contractor's License to perform the required work (“Work”). Contractor’s DIR registration number is 1000001096. Contractor hereby certifies that it holds the required license(s).

7 Subcontracting

Subject to any self-performance requirements herein, Contractor may subcontract any portion of the work required by this Contract to other persons or firms, and Contractor submitted with its bid a list of those subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor’s total bid, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.

8 Non-Assignability

Neither this Contract nor any rights, title, interest, duties or obligations under this Contract may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

9 Administration

This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract.

2-47Concord - Document ID: generated after first signature 10 Indemnification

To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, its Board of Director, the City's officers, employees, agents, volunteers, and representatives (“Indemnitees”) with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Contract, and in connection with the Project.

11 Liability Insurance

11.1 Without limiting Contractor's indemnification of City, as described in paragraph 10, and unless modified by City, Contractor shall obtain, provide and maintain, at its own expense, during the term of this Contract, a policy or policies of insurance, satisfactory to the City, from insurance carriers admitted to do business in the State of California and rated in A.M. Best’s Insurance Guide with a rating of A:VII or better, which contain the coverage described below.

11.1.1 Commercial General Liability
 $5,000,000.00 limit on a per occurrence basis
 $10,000,000.00 general aggregate limit

11.1.2 Commercial Automobile Liability
 $10,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

11.1.3 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation -- coverage as required by the State of California  Employer’s Liability -- $1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease

11.1.4 Pollution/Environmental Liability*
 $5,000,000.00 limit on a per occurrence basis

11.2 Policies providing for bodily injury and property damage coverage shall contain the following:

A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.

The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, 3-47Concord - Document ID: generated after first signature their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.

11.3 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

11.4 Said Certificates of Insurance shall provide that thirty (30) days’ prior written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature.

11.5 The required policies of insurance shall be endorsed to waive all rights of subrogation. Contractors waives all rights of subrogation.

11.6 Acceptable Proof of Insurance:

A. ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.

B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies.

Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.

C. *When pollution/environmental liability coverage is provided on a “claims made basis”, CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR, or its officers, employees, or agents during the time this Agreement was in effect.

11.7 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.

11.8 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal 4-47Concord - Document ID: generated after first signature property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.

11.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 State Labor Code

12.1 This Contract calls for work to be performed constituting public works.

Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.

12.2 This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement. 5-47Concord - Document ID: generated after first signature

12.3 Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.

12.4 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

12.5 Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

12.6 Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

12.7 Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

12.8 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
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12.9 Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13 Antitrust Claims
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
14 Trenching and Excavations
Pursuant to Public Contract Code Section 7104, if the Project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:

14.1 Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or

14.2 Subsurface or latent physical conditions at the site differing from those indicated; and/or

14.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

14.4 As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty- five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, 7-47Concord - Document ID: generated after first signature sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.

15 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
16 Third Party Claims
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 17 Non-Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.
18 Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
19 Audit
8-47Concord - Document ID: generated after first signature The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Contract. 20 Substitute Security
Pursuant to Public Contract Code Section 22300, the substitution of securities for any moneys withheld by the City to ensure performance under a contract is permitted, except where financing will be provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.) or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.

Alternatively, Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.

Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that 9-47Concord - Document ID: generated after first signature the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If Contractor elects to substitute securities in lieu of retention, then, by mutual consent of Contractor and its subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by Contractor. No Contractor shall require any subcontractor to waive any provision of this paragraph.

The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f). 21 Claims Dispute Resolution
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 22 Non-discrimination and Equal Employment Opportunity

22.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status.

CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition 10-47Concord - Document ID: generated after first signature related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

22.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
25 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
26 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 11-47Concord - Document ID: generated after first signature 27 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
28 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE R.C. BECKER AND SON, INC.

Ronda Perez Date
City Manager

John Becker Date
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Hwy, Suite A
Palmdale, CA 93550

ADDRESS FOR NOTICE:

R.C. BECKER AND SON, INC.
28355 Kelly Johnson Pkwy
Santa Clarita, CA 91355
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk
ATTEST: If Corporation

Secretary

[Signatures of contractor on bond(s) must be notarized. Obtain two corporate signatures if contractor is a corporation.]

12-47Concord - Document ID: generated after first signature EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)

The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR

PERFORMANCE UNDER THIS SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. 13-47Concord - Document ID: generated after first signature If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.

DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
o100 percent counts if the materials or supplies are obtained from a DBE manufacturer. o60 percent counts if the materials or supplies are obtained from a DBE regular dealer. oOnly fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
oThe DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
oThe DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
oThe DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.
oThe DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. oThe DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.

Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
oThe DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. 14-47Concord - Document ID: generated after first signature oA lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

1.Withholding monthly progress payments;

2.Assessing sanctions;

3.Liquidated damages; and/or

4.Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontractors The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment 15-47Concord - Document ID: generated after first signature of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

16-47Concord - Document ID: generated after first signature A.

Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:

1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3.Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.

4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5.Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7.Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8.Listed DBE voluntarily withdraws with written notice from the Contract

9.Listed DBE is ineligible to receive credit for the type of work required.

10.Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11.The Agency determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:

1.Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above.

Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2.If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.

3.Submit Contractor’s DBE termination request by written letter to the Agency and include:
oOne or more above listed justifiable reasons along with supporting documentation.
17-47Concord - Document ID: generated after first signature oContractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice
oThe DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days. Replacement of DBE Subcontractors
After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1.Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:
a.Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b.The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
▪Quote for bid item work and description of work
to be performed
▪Proposed subcontract agreement and
written confirmation of agreement to
perform on the Contract
▪Revised Subcontracting Request form

▪Revised Exhibit 15-G: Construction Contract DBE
Commitment

2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
•Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment
•Solicitations of DBEs for performance of work identified •Correspondence with interested DBEs that may have included contract details and requirements
•Negotiation efforts with DBEs that reflect why an agreement was not reached •If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
•Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
•Additional documentation that supports the GFE

18-47Concord - Document ID: generated after first signature The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.

A. Commitment and Utilization
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G:

Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency.

The Agency shall request the prime contractor to:

1.Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2.Provide this notification before starting the affected work

3.Maintain records including:
oName and business address of each 1st-tier subcontractor o
Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
oDate of payment and total amount paid to each DBE (see Exhibit 9-F:

Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
19-47Concord - Document ID: generated after first signature

B.

Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:

After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects that are awarded on or after September 1, 2023:

Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

C. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF.

Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

The Contractor must perform CUF evaluation for each DBE company working on a federal- aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.

The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
•Subcontract agreement with the DBE
•Purchase orders
•Bills of lading
•Invoices
•Proof of payment
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work. 20-47Concord - Document ID: generated after first signature The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.

The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations.

The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.

The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
•Proof of ownership or lease and rental agreements for equipment •Tax records
•Employee rosters
•Certified payroll records
•Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.

D. Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K:

DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.

To use a joint check, the following conditions must be met:
•All parties, including the Contractor, must agree to the use of a joint check •Entity issuing the joint check acts solely to guarantee payment •DBE must release the check to the material supplier
•LPA must authorize the request before implementation
•Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
•Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier
21-47Concord - Document ID: generated after first signature

A request for a joint check agreement may be initiated by any party.

If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).

Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.

A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.

2.BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3.BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4.CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5.CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code §10164).

6.CHANGED CONDITIONS
A. Differing Site Conditions

1.During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2.Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3.No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4.No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.]
B. Suspensions of Work Ordered by the Engineer
22-47Concord - Document ID: generated after first signature

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

5.Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the
suspension was caused by conditions beyond the control
of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by
weather, the engineer will make an adjustment
(excluding profit) and modify the contract in writing
accordingly. The contractor will be notified of the
engineer's determination whether or not an adjustment of the contract is warranted.

6.No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

7.No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C.Significant Changes in the Character of Work

1.The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2.If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4.The term “significant change” shall be construed to apply only to the following circumstances:
23-47Concord - Document ID: generated after first signature ▪When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
▪When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or
decreased below 75 percent of the original contract
quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of
original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of 280 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County of Palmdale the sum of $ 4,800 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:

1.Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2.If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:

1.Non-ferrous metals

2.Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

3.Glass (including optic glass)
24-47Concord - Document ID: generated after first signature

4.Lumber

5.Drywall

Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States. Buy America requirements do not apply to the following:

1.Tools and construction equipment used in performing the work

2.Temporary work that is not incorporated into the finished project

Waivers
If Buy America waivers are granted, use the following language to include in the contract:

The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:

1. n/a

2. n/a

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site.

Schedule work to allow time for QAP.

10. PROMPT PAYMENT
A.FROM THE AGENCY TO THE CONTRACTORS

The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:

1.The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2.The Local Agency must return any payment request
deemed improper by the Local Agency to the
Contractor as soon as feasible, but not later than
seven (7) days, after receipt. A request returned

25-47Concord - Document ID: generated after first signature pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B.FROM THE AGENCY TO THE CONTRACTORS
For projects awarded on or after September 1, 2023:

The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS

[The following 12 pages must be physically inserted into the contract without modification.

Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS] 26-47Concord - Document ID: generated after first signature

REQUIRED CONTRACT

PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS
27-47Concord - Document ID: generated after first signature 28-47Concord - Document ID: generated after first signature 29-47Concord - Document ID: generated after first signature 30-47Concord - Document ID: generated after first signature 31-47Concord - Document ID: generated after first signature 32-47Concord - Document ID: generated after first signature 33-47Concord - Document ID: generated after first signature 34-47Concord - Document ID: generated after first signature 35-47Concord - Document ID: generated after first signature 36-47Concord - Document ID: generated after first signature 37-47Concord - Document ID: generated after first signature

12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal- aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
38-47Concord - Document ID: generated after first signature

39-47Concord - Document ID: generated after first signature For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a.Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b.Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section

21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c.Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be 40-47Concord - Document ID: generated after first signature performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d.Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e.Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i.withholding of payments to CONTRACTOR
under the Agreement within a reasonable period
of time, not to exceed 90 days; and/or
ii.cancellation, termination or suspension of the
Agreement, in whole or in part.
f.Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through
(6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED

STATES PROPERTY

The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.

Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- 41-47Concord - Document ID: generated after first signature discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

(HABENDUM CLAUSE)

TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns.

The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant

and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

UNDER THE ACTIVITY, FACILITY, OR PROGRAM

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1.In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or 42-47Concord - Document ID: generated after first signature benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B.With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*

C.With respect to a deed, in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY

ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM

The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B.With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

C.With respect to deeds, in the event of breach of any of the above Non- discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 43-47Concord - Document ID: generated after first signature

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section

504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
44-47Concord - Document ID: generated after first signature •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 2 .

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on- the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of Palmdale :

1.Number of apprentices or trainees to be trained for each classification

2.Training program to be used

3.Training starting date for each classification
The prime contractor shall obtain the City/County of Palmdale approval for this submitted information before the prime contractor starts work. The City/County of Palmdale credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1.In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2.Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of Palmdale and FHWA approves a program if one of the following is met:

1.It is calculated to:
oMeet the equal employment opportunity responsibilities 45-47Concord - Document ID: generated after first signature oQualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2.It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts

The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of Palmdale reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:

1.For on-site training

2.For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a.Contribute to the cost of the training
b.Provide the instruction to the apprentice or trainee
c.Pay the apprentice's or trainee's wages during the off-site training period

3.If the prime contractor
complies with this section.

Each
apprentice or trainee must:

1.Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill

2.Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program
The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training.

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

EQUIPMENT AND SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
•Procure or obtain;
•Extend or renew a contract to procure or obtain; or
•Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
46-47Concord - Document ID: generated after first signature The prohibited vendors (and their subsidiaries or affiliates) are:
•Huawei Technologies Company;
•ZTE Corporation;
•Hytera Communications Corporation;
•Hangzhou Hikvision Digital Technology Company;
•Dahua Technology Company; and
•Subsidiaries or affiliates of the above-mentioned companies.

In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached notarized bond(s), Worker's Compensation Certificate, and Guaranty □Attached Agreement Checklist and met all requirements

47-47Concord - Document ID: generated after first signature 40TH ST E
E AVENUE S-8
W

INDTREE CIR
W

INDTREE CIR
E AVENUE S-10
E AVENUE S-8
0 125 25062.5
Feet
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Exhibit A
Avenue S-8 & 40th St East
Roundabout Project (PN 741)
Proposed Improvements
Roundabout central island
to include desert landscaping
and future public art.

Raised median with
desert landscaping &
island passageway for
pedestrian crossings.

Raised median with
desert landscaping &
island passageway for
pedestrian crossings.

Roundabout throughway, single
lane, with dedicated inlets and outlets
for approaching and exiting vehicles.

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U.P.R.R.

City Council Staff Report
,DATE: JANUARY 24, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 1
SUBJECT: APPROVE SECOND AMENDMENT TO AGREEMENT WITH MNS ENGINEERS, INC. FOR PN 761, CIVIC CENTER COMPLETE
STREETS PROJECT, FOR $168,435, BRINGING THE TOTAL COST
TO $267,905, FOR CONTINUED PUBLIC WORKS CONSTRUCTION

INSPECTION SERVICES

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Second Amendment to Agreement No. A-8310 with MNS Engineers, Inc. for PN 7 61, Civic Center Complete Streets Project for $168,435, for continued public works construction inspection services; and,

2. Authorize the City Manager or her designee to execute the Second Amendment to Agreement No. A-8310 with MNS Engineers, Inc ., including minimal and/or non-substantial changes.

BACKGROUND
In May 2023 , the City entered into Agreement No. A-8310 with MNS Engineers, Inc. to provide as-needed construction inspection services for PN 761, Civic Center Complete Streets Project, for $80,000. It was thought at that time that City Public Works Inspectors would provide the inspection and construction management services , with MNS Engineers, Inc. providing as-needed services only.

Due to increased private development work being done around the City, the City’s Public Works Inspector assigned to the project was not able to provide the time needed to support the project. To keep the project moving forward, MNS Engineers, Inc. became the full-time capital improvement inspector and construction manager for the City .

Amendment No. 1 was approved to reconcile MNS’s agreement, bringing the total to $99,470.

DISCUSSION
The Second Amendment for Agreement No. A -8310 provides additional funding for the continued public work s inspection services required to complete PN 761, Civic Center Report to Mayor and City Council
Second Amendment to Agrmt No. A-8310
January 24, 2024

Complete Streets Project. The original timeline for completion, October 2023, has been delayed due to water utility conflicts and weather, and the project completion is now scheduled for June 2024. The updated cost of inspection services is approximately 4% of the project’s total cost ($6 million).

FISCAL IMPACT
$168,435; The project is funded in Account No. S0067201. There are sufficient funds in the account for this service. The fiscal impact and remaining account balance can be seen in the following table:

SCOPE OF WORK COST
A-8310, Public Works Inspection Services $80,000
First Amendment (w/in CM Authority) $19,470
Second Amendment $168,435
Total $267,905
Account Number Starting Balance Remaining Balance
S0067201 $406,565.00 $238,130

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

ATTACHMENTS
Agrmt No. A-8310 Second Amendment with MNS Engineers, Inc.

Exh A Civic Center Site Plan
2ND AMENDMENT TO AGREEMENT A-8310
BETWEEN THE CITY OF PALMDALE AND MNS ENGINEERS, INC.

This 2nd Amendment to Agreement No. A-8310 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and MNS ENGINEERS, INC. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on May 15th, 2023 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

Public Works inspection services for City Project Number PN 761, the Civic Center Complete Streets Project.

WHEREAS, the parties desire to amend the Original Agreement to:

Add funding for the continued inspection services of the Civic Center Complete Streets project.

NOW THEREFORE, the parties agree as follows:

The compensation identified in Section 5 is amended to increase the total price of the Agreement by one hundred sixty-eight thousand four hundred thirty-five dollars ($168,435), not to exceed the amount of three hundred thirty-four thousand nine hundred ninety-one ($267,905).

The contract time identified in Section 6 is amended to conclude at the project completion date of June 28th, 2024.

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

1-2Concord - Document ID: generated after first signature

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE:

MNS ENGINEERS, INC.:

Ronda Perez
City Manager

Jeff Edwards
Vice President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

MNS ENGINEERS, INC.
4580 E. Thousand Oaks Blvd., Suite
101
Westlake Village, CA 91362
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
2-2Concord - Document ID: generated after first signature Q-12 Ped
THE CITY OF PALMDALE ASSUMES NO LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE USE OF INFORMATION RETRIEVED FROM THIS MAP.

Phase 1:

Phase 2:

Phase 3:

Phase 4:

City Council Staff Report
DATE: JANUARY 24, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 4
SUBJECT: APPROVE FIRST AMENDMENT TO AGREEMENT WITH MNS
ENGINEERS, INC., FOR PUBLIC WORKS CONSTRUCTION
INSPECTION SERVICES FOR PN 7 80, AVENUE Q-12 SIDEWALK
GAP CLOSURE PROJECT, FOR AN INCREASE OF $42,480, TOTAL
AGREEMENT AMOUNT NOT TO EXCEED $107,480, FOR A TERM OF
NINETY (90) CALENDAR DAYS FROM RECEIPT OF

AUTHORIZATION TO PROCEED

RECOMMENDATION
Staff recommends that the City Council:

1. Approve First Amendment to Agreement No. A-8312 with MNS Engineers, Inc., for Public Works Construction Inspection Services for PN 780, Avenue Q -12 Sidewalk Gap Closure Project , for an increase of $42,480, total agreement amount not to exceed $107,480 , for a term of ninety (90) calendar days from receipt of authorization to proceed; and,

2. Authorize the City Manager or her designee to execute the First Amendment to Agreement No. A-8312 with MNS Engineers , Inc., including minimal non- substantial changes.

BACKGROUND
In May 2023, the City entered into an agreement with MNS Engineers, Inc. for public works construction inspection services in the amount of $65,000 for PN 780.This project is for the complete street improvements along East Avenue Q-12, from 10th Street East to 12th Street East, and a portion of 11 th Street E from East Avenue Q12 to 300 -foot north of East Avenue R.

The scope of the construction includes full -depth street reconstruction, installation of sidewalk, American with Disability Act (ADA) curb ramps, driveways, streetlights, pedestrian bulbouts, curb and gutter, and relocation of the water lines.

Report to Mayor and City Council
First Amendment to Agrmt No. A-8312
January 24, 2024

DISCUSSION
The First Amendment provides additional construction inspection services for additional tasks identified during construction. The project experienced construction delays due to utility conflicts, weather, and Southern California Edison’s (SCE) delayed meter relocations, procurement, and installation. Based on SCE’s current timeline, all work is anticipated to be completed by mid-February 2024, with the construction fully completed by March 2024. The total cost of full-time inspection services is approximately 7% of the total project cost ($1.54 million).

FISCAL IMPACT
$42,480; The project is funded in Account No. B0013280. There are sufficient funds to proceed with this request. The fiscal impact and remaining account balance can be seen in the following table:

SCOPE OF WORK COST
A-8312, Public Works Inspection Services $65,000
First Amendment $42,480
Total $107,480
Account Number Starting Balance Remaining Balance
B0013280 $172,865 $130,385

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

ATTACHMENTS

1. First Amendment to Agrmt No. A-8312 with MNS Engineers, Inc.

2. Vicinity Map
1ST AMENDMENT TO AGREEMENT A-8312
BETWEEN THE CITY OF PALMDALE AND MNS ENGINEERS, INC.

This 1st Amendment to Agreement No. A-8312 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and MNS ENGINEERS, INC. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on May 22, 2023 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

Public Works Inspection services for City Project Number PN 780, the Avenue Q-12 Sidewalk Gap Closure project.

WHEREAS, the parties desire to amend the Original Agreement to:

Increase the total price of the Agreement.

NOW THEREFORE, the parties agree as follows:

The compensation identified in Section 5 is amended to increase the total price of the Agreement by forty-two thousand four hundred eighty dollars ($42,480.00), not to exceed the amount of one hundred seven thousand four hundred eighty dollars ($107,480.00).

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

1-2Concord - Document ID: generated after first signature

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE:

MNS ENGINEERS, INC.:

Ronda Perez
City Manager

Jeff Edwards
Vice President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

MNS ENGINEERS, INC.
4680 Thousand Oaks Blvd. Suite 101
Westlake Village, CA 91362
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached □Attached Agreement Checklist and met all requirements
2-2Concord - Document ID: generated after first signature

CC/SA Minutes – January 10, 2024 – 5pm 1

MINUTES

CITY COUNCIL

SUCCESSOR AGENCY

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
JANUARY 10, 2024

1) CALL MEETING TO ORDER

Mayor Bishop called the meeting to order at 5:08 pm.

Note: All City Council memberships are reflected in their City Council titles.

2) ROLL CALL MAYOR BISHOP, MAYOR PRO TEM LOA, COUNCILMEMBERS OHLSEN, BETTENCOURT, ALARCÓN

PRESENT: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

ABSENT: None.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Mayor Pro Tem Loa led the pledge of allegiance.

4) PRESENTATION

4.1) Certificate of Recognition presented to Jordan Ramirez for walking from Lancaster Sheriff Station to Palmdale Sheriff Station in appreciation of our deputies and honor of Deputy Ryan Clinkunbroomer.

Mayor Bishop presented Jordan Ramirez with a Certificate of Recognition. Mr.

Ramirez thanked the Council for the invitation and shared his story regarding the appreciation and honor walks he has completed.

City Manager Perez requested that Item 6.12 be removed from the agenda.

Acting City Clerk Scott read the Public Comment Code of Conduct.

Councilmember Bettencourt requested that Item 6.6 be pulled from the Consent Calendar.

5) PUBLIC COMMENTS:

The following individuals provided public input on Item 9.1 regarding the misconduct of Councilmember Alarcón: Rich Gallego; Jess Enos; Yul Gevargis; Michael Ross; Abraham Salcedo; April C.; Maria & Danielle; Justin McIntosh; Mario Presents; Victoria Rayos; Miguel Coronado; Citizen (no name); Oscar Carrasco; Feliz Menendez; Brooke Sands; Richard Alverdi; Karen Lindsay; Eduardo; Thomas Lopez; Marcos Alvarez; and Xavier Flores.

CC/SA Minutes – January 10, 2024 – 5pm 2

Councilmember Bettencourt made a statement regarding her attendance at Council meetings.

6) CONSENT CALENDAR

6.1) Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).

6.2) Receive and file the monthly investment activity report for November 2023.

6.3) Adopt Resolution No. CC 2024-003, a Resolution of the City Council of the City of Palmdale amending the Human Resources Rules and Regulations.

6.4) Adopt Resolution No. CC 2024-004, a Resolution of the City Council of the City of Palmdale designating by title and name those officials who are authorized to sign checks and warrants and repeal Resolution No. CC 2023- 074, and Adopt Resolution No. SA 2024 -011, a Resolution of the Successor Agency to the Community Redevelopment Agency of the City of Palmdale designating by title and name those officials who are authorized to sign checks and warrants, and repeal Resolution No. SA 2022-003.

6.5) Adopt Resolution Nos. SA 2024 -009 and SA 2024 -010, Resolutions of the Successor Agency of the Community Redevelopment Agency of the City of Palmdale approving the Administrative Budget and the Recognized Obligation Payment Schedule, respectively, for the period of July 1, 2024 through June 30, 2025.

6.6) Approve Law Enforcement Feasibility Study Agreement with Citygate Associates, LLC in the amount of $178,453 for a term of six (6) months.

Councilmember Bettencourt recused herself from this item due to the fact she works for the Sheriff's Department, she stepped away from the dais.

Director of Neighborhood Services Reyes presented the staff report.

Councilmember Alarcón asked questions regarding the contractor's outreach plan and the scope of work. Director of Neighborhood Services Reyes provided clarification regarding the outreach plan and scope of work. There was further discussion regarding the review of governing documents and community outreach.

Councilmember Ohlsen discussed the elements of the Law Enforcement Feasibility Study, analyzing the current Sheriff's contract, reimagining policing in the City of Palmdale, the increase in contract costs, decrease in the number of deputies provided, Cadre of Administration Reserve Personnel program (CARPing), and the protection and support of the deputies.

Mayor Pro Tem Loa thanked staff for the report and spoke regarding the financial crisis in the City and State of California and suggested looking at all aspects of the City budget, in particular the law enforcement component, and reviewing all options available to the City.

CC/SA Minutes – January 10, 2024 – 5pm 3

Councilmember Ohlsen announced Law Enforcement Day was observed on January 9, 2024.

Councilmember Alarcón asked for clarification on Section 19.3 of the contract.

City Attorney Curley provided clarification.

Motion: Approve Law Enforcement Feasibility Study Agreement with Citygate Associates, LLC in the amount of $178,453 for a term of six (6) months.

Moved by Eric Ohlsen, seconded by Richard J. Loa.

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

Councilmember Bettencourt returned to the dais.

6.7) Approve Sub -Recipient Agreement with Antelope Valley Domestic Violence DBA Valley Oasis to administer the HOME Investment Partnerships funded Tenant Based Rental Assistance (TBRA) program in an amount not to exceed $787,500 for a term of four years and six months.

This item was removed from the agenda.

6.8) Adopt Resolution No. CC 2024-008, a Resolution of the City Council of the City of Palmdale declaring a Shelter Crisis in the City of Palmdale.

6.9) Award Construction Agreement with Ferreira Construction Co. Inc., DBA Ferreira Coastal Construction Co. for PN 865, Guardrail Maintenance Upgrade, in the amount of $219,898 for a term of 45 working days from the date of the Notice to Proceed.

6.10) Adopt Resolution No. CC 2024-006, a Resolution of the City Council of the City of Palmdale adopting the joint resolution of the Board of Supervisors of the County of Los Angeles, acting on behalf of the County and other County entities, the Board of Directors of the Antelope Valley Cemetery District, the Board of Trustees of the Antelope Valley Mosquito and Vector Control District, the Board of Directors of the Antelope Valley Resource Conservation District, the City of Palmdale, and the Board of Directors of the Antelope Valley-East Kern Water Agency approving and accepting negotiated exchange of property tax revenue resulting from annexation 40-161 (4-217), local agency formation commission designation 2023 -06, to the Los Angeles County Waterworks District No. 40, Antelope Valley.

6.11) Adopt Resolution No. CC 2024-007, a Resolution of the City Council of the City of Palmdale adopting the joint resolution of the Board of Supervisors of the County of Los Angeles, acting on behalf of the County and other County entities, the Board of Directors of the Antelope Valley Cemetery District, the Board of Trustees of the Antelope Valley Mosquito and Vector Control District, the Board of Directors of County Sanitation District No. 20 of Los Angeles County, the Board of Directors of the Antelope Valley Resource Conservation District, the City of Palmdale, and the Board of Directors of the Antelope Valley- East Kern Water Agency approving and accepting negotiated exchange of property tax revenues resulting from annexation 40 -156 (34-45), local agency formation commission designation 2022 -06, to the Los Angeles County CC/SA Minutes – January 10, 2024 – 5pm 4

Waterworks District No. 40, Antelope Valley.

6.12) Approve Memorandum of Understanding by and between the City of Palmdale and the County of Los Angeles to collaborate on water infrastructure projects located within Waterworks District 40.

6.13) Approve the minutes from the previous meetings.

CC/SA - December 6, 2023

Motion: Approve all items listed under the Consent Calendar except 6.6 and 6.12 Moved by Richard J. Loa, seconded by Laura Bettencourt.

Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

7) APPOINTMENTS

7.1) Nomination and Appointment of Planning Commissioner - District 5.

Councilmember Alarcón nominated Ms. Jones.

Ms. Jones, Ms. Alverdi, and Ms. Fraga-Saenz spoke regarding their background and experience.

There was Council discussion regarding the nomination.

Motion: Appoint Ms. Jones as Planning Commissioner - District 5 Moved by Andrea Alarcón, seconded by Eric Ohlsen.

Vote: Motion carried (4-1)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Andrea Alarcón.

No: Laura Bettencourt.

7.2) Approve Reappointment of Public Member to the Palmdale Recycled Water Authority.

Motion: Approve the reappointment of Public Member Anson to the Palmdale Recycled Water Authority.

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

Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

Ms. Anson thanked Council.

7.3) Discussion and Possible Action regarding City Council Standing Committee Appointments.

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
Delegate: Mayor Bishop
Delegate: Mayor Pro Tem Loa
Alternate: Councilmember Bettencourt
CC/SA Minutes – January 10, 2024 – 5pm 5

ANTELOPE VALLEY TRANSIT AUTHORITY
Delegate: Mayor Pro Tem Loa
Delegate: Councilmember Ohlsen
Alternate: Councilmember Bettencourt
Alternate: Citizen Kathryn Mac Laren (Appointed by a majority vote of the Council pursuant to PMC §2.08.030 pursuant to PMC §2.08.030)

CALIFORNIA CONTRACT CITIES ASSOCIATION (CCCA)
Delegate: Mayor Bishop
Alternate: Councilmember Ohlsen

CITY OF PALMDALE AUDIT COMMITTEE
Delegate: Mayor Bishop
Delegate: Councilmember Bettencourt
Alternate: Mayor Pro Tem Loa
Public Member: Christine Geary (Appointed by a majority vote of the Council pursuant to PMC §2.08.030 - Term expires July 2023)

CITY OF PALMDALE INVESTMENT OVERSIGHT COMMITTEE
Member: Mayor Bishop (Must be Mayor pursuant to City’s Investment Policy)
Member: Councilmember Ohlsen (Rotating Councilmember pursuant to City’s Investment Policy)

EIFD PUBLIC FINANCE COMMITTEE
Authority Member: Mayor Bishop
Authority Member: Mayor Pro Tem Loa
Authority Public Member: Laura Gordon (term expires June 2025)

HIGH DESERT CORRIDOR JOINT POWERS AUTHORITY
Director: Councilmember Ohlsen
Alternate: Mayor Pro Tem Loa

LEAGUE OF CALIFORNIA CITIES – Desert Mountain Division
Delegate: Councilmember Bettencourt
Alternate: Mayor Bishop
2nd Alternate: Mayor Pro Tem Loa

LOS ANGELES COUNTY SANITATION DISTRICT
Delegate for Districts No. 14 and No. 20: Mayor Bishop (Must be the Mayor pursuant to H&S Code §4730)
2nd Delegate for District No. 20: Councilmember Bettencourt Alternate Delegate for District No. 14 & 20 Mayor Pro Tem Loa

NORTH LOS ANGELES COUNTY TRANSPORTATION COALITION
Delegate: Mayor Bishop
Alternate: City Manager Perez
Business Representative: Councilmember Ohlsen
Representative at Large: Mayor Pro Tem Loa

CC/SA Minutes – January 10, 2024 – 5pm 6

PALMDALE RECYCLED WATER AUTHORITY (PRWA)
Director: Mayor Bishop
Director: Councilmember Bettencourt
Alternate: Mayor Pro Tem Loa
Public Member: Zakeya Anson – Current term ending 1/31/2025. (Per JPA, appointed by the City and Palmdale Water District jointly and ratified by the PRWA Board

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)

GENERAL ASSEMBLY
Delegate: Mayor Pro Tem Loa
Alternate: Mayor Bishop

UNITED STATES/MEXICO SISTER CITIES ASSOCIATION
Delegate: Mayor Bishop
Delegate: Mayor Pro Tem Loa
Alternate: Councilmember Bettencourt
Alternate: Councilmember Ohlsen

CALIFORNIA STATE PRISON – LOS ANGELES COUNTY, CITIZENS

ADVISORY COMMITTEE
Delegate: Councilmember Bettencourt
Alternate: Mayor Pro Tem Loa

Motion: Approve the City Council Standing Committee Appointments.

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

Vote: Motion carried (4-1)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt.

No: Andrea Alarcón.

8) REPORTS AND ACTION ITEMS FROM MAYOR AND / OR COUNCILMEMBERS

8.1) Council Informational Reports on Committee memberships and meetings attended at public expense.

All reports were submitted.

Mayor Bishop announced that a video would be displayed with the previous year's events.

Mayor Pro Tem Loa recognized Lancaster Mayor, R. Rex Parris, in attendance.

Councilmember Ohlsen attended the Homes for Families Veteran Enrichment Community event; meeting with Congresswoman Judy Chu on the re-opening of the Littlerock Damn recreation area; and Kwanzaa event on December 26, 2023.

Mayor Pro Tem Loa attended the December 16th AVTA drive-thru food and toy giveaway.

Councilmember Alarcón attended the prayer vigil for the Adamyan family , who lost their child in a road rage incident.

CC/SA Minutes – January 10, 2024 – 5pm 7

8.2) Council Action Items.

Mayor Bishop asked for an update on the Avenue R Project. Director of Public Works Glidden stated the estimated completion date is October of 2024 and provided details on the project.

Councilmember Ohlsen spoke regarding City projects and delays that are caused by utility companies.

City Manager Perez provided an update to the Council on the utilities and future development. Ms. Perez stated Supervisor Barger authored an action to create a consortium in the Antelope Valley that would specifically look at capital improvements needed, specifically water and fire, to address development going forward in the community.

9) CITY ATTORNEY DIRECTION TO UNDERTAKE REVIEW

9.1) Direction to City Attorney to review matters of municipal violations relating to conduct of Councilmember Alarcón.

Mayor Bishop provided direction to City Attorney Curley to review the matters of municipal violations relating to the conduct of Councilmember Alarcón.

Mayor Pro Tem Loa voiced his approval for the investigation of municipal violations conducted by City Attorney Curley.

City Attorney Curley provided the review process and stated it would be fact- based.

Councilmember Alarcón apologized to her colleagues, staff, law enforcement personnel, and residents she represents for her misconduct. She stated her opposition regarding the direction provided by Mayor Bishop to City Attorney Curley.

City Attorney Curley addressed Councilmember Alarcón's concerns and restated the review will be fact based with a focus on administrative violations. City Attorney Curley stated Council will receive a report per the new policies adopted.

10) CITY MANAGER’S REPORT

City Manager Perez reported on the following: SAVES holiday food distribution; Aero toy distribution; upcoming desert clean-up event and assembling organic waste containers on January 15 in celebration of Martin Luther King Jr. Day of S ervice; Justice Sunday, revisiting Black Wall Street performance on January 20 at the Palmdale Playhouse; ribbon cutting for Desert Sands playground on February 6; SOS Children's Village project groundbreaking on February 7; the City received a $50,000 grant from CalRecycle for a public education campaign on recyclability; Center for Transportation and Technology Excellence update; and submissions are open for youth artwork for the second round of utility box covers.

CC/SA Minutes – January 10, 2024 – 5pm 8

11) NON-AGENDA PUBLIC COMMENTS:

The following individuals spoke on behalf of the Palmdale Aerospace Academy Teachers Association (PATA) and asked Council to encourage their appointed delegate to support the contract submitted by PATA: Melanie Garren; Cindy Carver; Catherine Hutzol; and Daniel Lagomarsino.

The following individuals commented regarding the misconduct and accountability of Councilmember Alarcón: Abraham Salcedo; Rich Gallego; Nancy; and two Citizens (no name provided).

Marisela spoke regarding Councilmember Alarcón and unity in the community.

Eugene Hernandez commented on establishing a Latino Advisory Committee to advise on film projects proposed for the Antelope Valley and thanked Councilmember Bettencourt for doing an excellent job during her term as mayor.

David Harris thanked Councilmember Bettencourt for her service as mayor and Mayor Bishop for his words at the Chamber luncheon.

Laura Gordon commented regarding Avenue R. and announced the Walk-A-Mile event would be held on October 26.

Ruth Sanchez commented regarding the misconduct of Councilmember Alarcón and invited the Council to the new location for the Dolores Huerta Foundation and a Martin Luther King Jr. celebration on January 20.

Vicky Ventura congratulated Mayor Bishop and complimented him on representing the City at the Chamber luncheon.

Mario Presents spoke regarding being an immigrant, fatality statistics due to drunk driving, and the misconduct of Councilmember Alarcón.

Denise Verduzco thanked Mayor Bishop for his community work and spoke regarding her Latina heritage and the misconduct of Councilmember Alarcón.

Mike V thanked Councilmember Bettencourt for her service as mayor and spoke regarding Councilmember Alarcón's accountability for her actions.

Kelly Darcy spoke regarding her husband being unfairly terminated from Learn4Life.

CC/SA Minutes – January 10, 2024 – 5pm 9

12) ADJOURN

Mayor Bishop adjourned the meeting at 8:04 pm to January 24, 2024, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 24th day of January 2024.

Austin Bishop, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: JANUARY 24, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT

PLANNING DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1612, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING VARIOUS AMENDMENTS TO TITLE 3 AND TITLE 5 OF

THE PALMDALE MUNICIPAL CODE

RECOMMENDATION
Staff recommends that the City Council:

1. Receive public testimony regarding Ordinance No. 1612; and

2. Adopt Ordinance No. 1612 recommending City Council approval of various amendments to Title 3 and Title 5 of the Palmdale Municipal Code (PMC).

BACKGROUND
On September 21, 2022, the City Council adopted a new General Plan, Palmdale 2045, which replaced the previously adopted General Plan (1993). State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. Accordingly, on March 15, 2023, the City Council adopted a new Zoning Ordinance and a Zoning Map update, ZOA 21-007, which amended Title 17 of the PMC to implement the vision of Palmdale 2045, as well as support new land use patterns and future development. Further, on August 16, 2023 , the City Council adopted Ordinance No. 1614, which included various amendments to the PMC except for Title 5 Business Licenses, Tax and Regulation for the purpose of correcting inconsistencies, typographical errors , and updating section references.

Ordinance No. 1612 will update Chapter 3.44 on Business License Tax and Chapter

5.04 on Business Regulation to account for the above legal changes, streamline processes related to appeals of City determinations, and enhance efficien cy for the application and enforcement of both chapters to promote public health, safety, and welfare of the Palmdale community.

Report to Mayor and City Council
Re: Ordinance No. 1612
January 24, 2024

DISCUSSION
The proposed amendments to the PMC impact Chapter 3.44 on Business License Tax and Chapter 5.04 on Business Regulation. The amendments to Chapter 3.44 add regulatory procedures for the denial, revocation, and suspension of business licenses; these amendments mirror the amendments to Chapter 5.44’s existing regulatory procedures for business permits. The result will be a streamlined and simpler process, including the opportunity to appeal applicable denials, revocations, and suspension directly to the City Council instead of first to staff. The amendments to Chapter 5.04 also update definitions related to adult-oriented businesses to be consistent with the definitions of ZOA 21-007 and remove several kinds of businesses from special permitting requirements given either their outdated nature or State law regulations already in place, including such businesses as ambulance services, billiards, bingo, fortunetelling, hypnotism, and motion picture theaters.

FISCAL IMPACT
$0; there is no fiscal impact associated with this action.

STRATEGIC PLAN
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: Brenda Magaña, Planning Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENT

1. Ordinance No. 1612

CITY OF PALMDALE

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1612

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING VARIOUS AMENDMENTS TO THE PALMDALE MUNICIPAL

CODE REGARDING BUSINESS LICENSING
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 achieve more efficient application and enforcement of the PMC to promote public health, safety, and welfare; WHEREAS, the City Council finds it necessary to update, streamline, and enhance efficiency and clarity in its business permitting and business licensing appeals processes, including the procedures available to the public for denial, revocation, and suspension of such approvals;
WHEREAS, the City Council finds it necessary to remove outdated business licensing requirements for certain industries, including ambulance services, billiards, bingo, carnivals, dance halls and dances, introductory services, fortunetelling, health clubs, house and street numbering, hypnotism, locksmiths, motion picture theaters, private patrol, family entertainment, taxicabs and drivers, and tow trucks, where there are no longer any such businesses in the City and/or significant concerns related to such businesses compared to when the original codes enacting such regulations were created, and relatedly, to streamline the code to account for these removals; 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: The above recitals are true and correct and are incorporated herein.

SECTION 2: Section 3.44.030, subsection (I) of Title 3 of the Palmdale Municipal Code is hereby amended to read as follows:
(I) “Director” means the Director of Economic and Community Development, or his/her/their designee, unless otherwise specified.

Ordinance No. 1612

SECTION 3: Section 3.44.140 of Title 3 of the Palmdale Municipal Code is hereby amended to read as follows:

3.44.140 Denial, revocation, suspension of business license; procedures to contest and effect.
(A) Grounds for Denial, Revocation, Suspension
(1) Grounds for Denial; Business Activities Involving First Amendment Activities.

Neither the Director nor the City Council shall approve an application for a business license for a business activity primarily involving First Amendment activities if any of the following findings are made:
(a) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;
(b) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Director or the City Council;
(c) The business is prohibited by any local or State law, statute, rule, or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation; or
(d) The Director or the City Council has made the findings and determination as specified in PMC Section 5.04.185 (Consideration of applicant’s criminal record and prior business history) relating to an applicant for a license for a proposed business activity involving First Amendment activities. (2) Grounds for Denial; Business Activities Not Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business license for a business activity not primarily involving First Amendment activities if any of the following findings are made:

Ordinance No. 1612

(a) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;
(b) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Director or the City Council;
(c) The business is prohibited by any local or State law, statute, rule, or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation;
(d) The City Council has made the findings and determination as specified in PMC Section 5.04.185 (Consideration of applicant’s criminal record and prior business history) relating to an applicant for a license for a business activity not involving First Amendment activities.
(3) Grounds for Revocation or Suspension; Business Activities Involving First Amendment Activities. After the hearing, the City Council may condition, modify, suspend or revoke a business license for any business activity required to be permitted under this Chapter if the City Council finds that one or more of the following conditions exist:
(a) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(b) That the licensee, or any employee, agent, or manager of the licensee, has violated any Federal or State statute or any ordinance or regulation of the City in the course of exercising any rights under the business license which is being considered for revocation;
Ordinance No. 1612

(c) That the licensee, or any employee, agent, or manager of the licensee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council; (d) That the licensee, or any employee, agent, or manager of the licensee, has published, uttered or disseminated any false, deceptive, or misleading statements or advertisements in connection with the licensed business; (e) That the licensee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change;
(f) That the licensee, or any employee, agent, or manager of the licensee, has violated any conditions or restrictions of the business license; (g) That the licensee, or any employee, agent, or manager of the licensee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution, or drug trafficking;
(h) That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or (i) The licensee 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.
(4) Grounds for Revocation or Suspension; Business Activities Not Involving First Amendment Activities. After the hearing, the City Council may condition, modify, suspend, or revoke a business license for any business activity required to be permitted under this Chapter if the City Council finds that one or more of the following conditions exist:
(a) That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(b) That the licensee, or any employee, agent, or manager of the licensee, has violated any Federal or State statute or any ordinance of the City in the course of exercising any rights under the business license which is being considered for revocation;
Ordinance No. 1612

(c) That the licensee, or any employee, agent, or manager of the licensee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business license is being considered for revocation; (d) That the licensee, or any employee, agent, or manager of the licensee, has knowingly made any false, misleading, or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council; (e) That the licensee, or any employee, agent, or manager of the licensee, has published, uttered, or disseminated any false, deceptive, or misleading statements or advertisements in connection with the operation of the licensed business;
(f) That the licensee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change; (g) That the licensee, or any employee, agent, or manager of the licensee, has violated any conditions or restrictions of the business license; (h) That the licensee 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;
(i) That the licensee, or any employee, agent, or manager of the licensee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the licensee’s business; (j) That the licensee has conducted the licensed business in a manner contrary to the public health, safety, and welfare; or
(k) That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity. (B) Hearing to Contest Denial, Revocation, Suspension
(1) Initiation of Hearing. The determination of whether a license should be denied, revoked, or suspended shall be initiated by a written statement explaining how the grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) have been found. Such statement may be initiated by any department or agency required to review or inspect the business activity for compliance with applicable regulations. Such statement shall be submitted to the Director. The City shall give written notice to the applicant/licensee of the decision to deny, revoke, or suspend Ordinance No. 1612

to the address on the operative application or license via first-class mail. The applicant/licensee may request a hearing by filing a request for a hearing on a City- approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in Section 3.44.140(A) (Grounds for denial, revocation, suspension) have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/licensee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.
(2) Notice of Hearing. If a timely and complete request for hearing is made, the City will set a hearing before the City Council or designee to determine whether grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) have been established to support the City’s denial, revocation, or suspension.

Written notice of the date, time, and location of the hearing shall be given to the applicant/licensee not less than 10 days prior to the hearing by first class mail.

Service of this notice is deemed complete at time of mailing. The failure of an applicant/licensee to receive a properly addressed notice shall not invalidate the determination or any hearing, City action, or proceeding conducted pursuant to this Section. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/licensee and the City.
(3) Procedure for Hearing.
(a) Right to witnesses and submission of documentary evidence. The applicant/licensee and the City shall have the right to bring witnesses to testify whether the grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) have been established and cross-examine each other’s witnesses. The applicant/licensee and the City also have the right to submit in advance of the hearing—no later than 3 calendar days prior to the date set for hearing—written argument and documentary evidence on whether the grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/licensee and the City, such as via email. Failure to receive said written material shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section. (b) Procedure and rules of evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) by a preponderance of evidence. An applicant/licensee may bring an interpreter to the hearing provided there is no expense to the City for the interpreter. The City Council may question Ordinance No. 1612

any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.090 (Mayor to sign subpoenas). (c) Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/licensee and City. The decision shall contain a determination of the issues presented, including the grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) at issue and the evidence supporting or negating whether the grounds in PMC Section 3.44.140(A) (Grounds for denial, revocation, suspension) were established.
(4) Effect of Revocation or Suspension.
(a) No refunds of any business license fees, taxes, or other sums paid shall be made to any licensee upon revocation or suspension of a business license.
(b) Following revocation of any business license under this Section, no business license to conduct the same business activity shall be issued to the same person for a period of one year.
(c) Whenever a business license is suspended or revoked, the Director shall take into possession the business license for the subject business activity.

The licensee shall surrender the business license and license stickers, or similar evidence of a license, to the Director.
(d) Upon revocation or suspension of a business license, the licensee shall immediately cease operation of the business activity. Except as otherwise provided, if the license is suspended, the licensee may resume operation upon expiration of the suspension period.
(5) Judicial Appeal. The determination issued by the City Council 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 a further administrative appeal. (C) No License Issued or Renewed where Applicant is Indebted to City (1) No business license shall knowingly be issued or renewed when, at the time of making application for any license, or renewal thereof, the applicant is indebted to the City for any unpaid license tax, license fees, transient occupancy taxes, or unpaid invoices for any rates, fees, or charges imposed pursuant to this code. The Director may enter into an agreement with any person so indebted to the City to establish a payment schedule for such indebtedness and any delinquencies and interest thereon. In such agreement, the debtor shall acknowledge such debt to Ordinance No. 1612

the City and shall agree that if any default occurs in the payment of any installment agreed to be paid thereunder, the entire amount to be paid shall become immediately due and payable, and that, if suit is brought to enforce collection of the amount agreed to be paid under such agreement, the debtor will pay all costs of suit incurred by the City, including reasonable attorneys’ fees. (2) If such an agreement is executed, and all other provisions of this Chapter are complied with, a license for the current or ensuing license period may be issued to such person upon payment of the license tax prescribed for the current or ensuing license period, together with any penalties thereon.

SECTION 4: Section 5.04.040, subsection (F) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(F) “Director” means the Director of Economic and Community Development, or his/her/their designee, unless otherwise specified.

SECTION 5: Section 5.04.040, subsection (N)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(1) Any business wherein the preponderant business is the offering of services, materials, goods, and/or products which are characterized by an emphasis on matter depicting, describing, or in relation to “nude” or “semi-nude” persons or “specified sexual activities,” as defined in PMC Section 17.92.010 (Adult-oriented businesses) of the Palmdale zoning ordinance, for observation by patrons therein.

Such businesses shall include, but not be limited to, an adult bookstore, adult video store, picture arcade showing adult entertainment pictures, adult motion picture theater, or other similar businesses; or
SECTION 6: Section 5.04.040, subsection (N)(3) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(3) Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate “specified anatomical areas,” as defined in PMC Section 17.92.010 (Adult-oriented businesses) of the Palmdale zoning ordinance, to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar businesses.

SECTION 7: Section 5.04.050, subsection (D) of Title 5 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.

Ordinance No. 1612

SECTION 8: Section 5.04.150, subsections (2), (3), (4), (5), (6), (8), (9), (11) through (27) of Title 5 of the Palmdale Municipal Code are hereby repealed and deleted in their 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 9: Section 5.04.150 of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety 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 businesses;
(2) Entertainment;
(3) Game arcades;
(4) Gun dealers;
(5) Massage establishments and massage technicians;
(6) Pawnbrokers and secondhand dealers;
(7) Sidewalk vending;
(8) Mobile vending; and
(9) Tobacco/smoking product retailer.
(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 Section

5.04.400 (Adult oriented business).

SECTION 10: Section 5.04.170, subsection (A) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) Responsibility. The responsibility for approving business permit applications shall be as follows:
(1) Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the Director as the reviewing authority. Any person may appeal the Director’s decision on the application in a manner consistent with the requirements of PMC Section 5.04.280 (Hearing to Ordinance No. 1612

contest modification, suspension, or revocation – Notice of hearing), et seq. The timely filing of an appeal shall entitle the aggrieved party to a hearing.

SECTION 11: Section 5.04.200, subsection (A)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;
SECTION 12: Section 5.04.200, subsection (B)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(2) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;
SECTION 13: Section 5.04.210, subsection (B) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

Ordinance No. 1612

(B) Appealability. The denial of an application by the Director may be appealed to the City Council in a manner consistent with PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.

SECTION 14: Section 5.04.240 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

PMC Section 5.04.240 Reserved.

SECTION 15: Section 5.04.250, subsection (E) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(E) Denial of Permit Renewal. If the City has received notice of any of the following upon the filing of any permit renewal application, the application for renewal may be denied, subject to the permittee’s right to appeal as provided for in PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.:
(1) A transfer or change pursuant to PMC Section 5.04.260 (Business permit transfers and changes);
(2) A significant change in operation of any permitted business which may involve noncompliance with City, County, or State regulations or laws; (3) One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit;
(4) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council; (5) If the City finds any violation of this code, any other code adopted by the City, or any State law that occurred on or in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity;
(6) If there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or
(7) The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.

Ordinance No. 1612

SECTION 16: Section 5.04.270 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.270 Denial, non-renewal, modification, suspension, or revocation. (A) The determination of whether a permit should be denied, not renewed, modified, suspended, or revoked shall be initiated by a written statement explaining how the grounds in PMC Section 5.04.200 (Grounds for denial of business permit) or 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been found. Such statement may be initiated by any department or agency required to review or inspect the business permit and/or activity for compliance with applicable regulations. Such statement shall be submitted to the Director. The City shall give written notice to the applicant/permittee of the decision to deny, not renew, modify, suspend, or revoke to the address on the operative permit paperwork via first-class mail. (B) Any applicant/permittee aggrieved by the City’s denial of a business permit, non- renewal of a business permit, or the City’s modifying, suspension or revocation of a business permit may challenge such decision pursuant to PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing) et seq.

SECTION 17: Section 5.04.280 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.280 Hearing to contest modification, suspension, or revocation – Initiation of hearing.

The applicant/permittee may request a hearing by filing a request for a hearing on a City- approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in PMC Section 5.04.200 (Grounds for denial of business permit) or 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/permittee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.

SECTION 18: Section 5.04.290 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.290 Hearing to contest modification, suspension, or revocation – Notice of hearing.

If a timely and complete request for hearing is made, the City will set a hearing before the City Council or designee to determine whether grounds in PMC Section 5.04.200 (Grounds for denial of business permit) or 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been established to support the City’s determination. Written notice of the date, time, and Ordinance No. 1612

location of the hearing shall be given to the applicant/permittee not less than 10 days prior to the hearing by first class mail. Service of this notice is deemed complete at time of mailing. The failure of an applicant/permittee to receive a properly addressed notice shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to these applicable sections. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/permittee and the City.

SECTION 19: Section 5.04.300 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.300 Hearing to contest modification, suspension, or revocation – Procedure for hearing.
(A) Right to witnesses and submission of documentary evidence. The applicant/permittee and the City shall have the right to bring witnesses to testify whether the grounds in PMC Section 5.04.200 (Grounds for denial of business permit) or 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been established and cross-examine each other’s witnesses. The applicant/permittee and the City also have the right to submit in advance of the hearing—no later than 3 calendar days prior to the date set for hearing—written argument and documentary evidence on whether the grounds in PMC Section 5.04.200 (Grounds for denial of business permit) or 5.04.310 (Grounds for revocation of business permit), as the case may be, have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/permittee and the City, such as via email. Failure to receive said written material shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section. (B) Procedure and rules of evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in PMC Section

5.04.200 (Grounds for denial of business permit) or 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, by a preponderance of evidence. An applicant/permittee may bring an interpreter to the hearing provided there is no expense to the City for the interpreter. The City Council may question any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.090 (Mayor to sign subpoenas).
(C) Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/permittee and City. The decision shall contain a determination of the issues presented, including the evidence supporting whether the grounds in PMC Section 5.04.200 (Grounds for denial of business permit) or

5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, were established and the applicable grounds in PMC Section 5.04.200 Ordinance No. 1612

(Grounds for denial of business permit) or 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be. (D) Judicial Appeal. The determination issued by the City Council 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 a further administrative appeal.

SECTION 20: Section 5.04.310 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.310 Grounds for modification, suspension, or revocation of business permit.

The City may condition, modify, suspend, or revoke a business permit for any business activity required to be permitted under this Chapter as provided in PMC Section 5.04.270 (Denial, non-renewal, modification, suspension, or revocation) if the City finds that one or more of the following conditions exist:
(A) Business Activities Involving First Amendment Activities. (1) That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(2) That the permittee, or any employee, agent, or manager of the permittee, has violated any Federal or State statute or any ordinance or regulation of the City in the course of exercising any rights under the business permit which is being considered for revocation;
(3) That the permittee, or any employee, agent, or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council;
(4) That the permittee, or any employee, agent, or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business; (5) That the permittee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change; (6) That the permittee, or any employee, agent, or manager of the permittee, has violated any conditions or restrictions of the business permit; (7) That the permittee, or any employee, agent, or manager of the permittee, has allowed, or failed to prevent, the use of the business as a base for unlawful or Ordinance No. 1612

criminal activity, including, but not limited to, solicitation, prostitution, or drug trafficking;
(8) That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or (9) The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
(B) Business Activities Not Involving First Amendment Activities. (1) That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(2) That the permittee, or any employee, agent, or manager of the permittee, has violated any Federal or State statute or any ordinance of the City in the course of exercising any rights under the business permit which is being considered for revocation;
(3) That the permittee, or any employee, agent, or manager of the permittee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business permit is being considered for revocation;
(4) That the permittee, or any employee, agent, or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council;
(5) That the permittee, or any employee, agent, or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the permitted business; (6) That the permittee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change; (7) That the permittee, or any employee, agent, or manager of the permittee, has violated any conditions or restrictions of the business permit; (8) That the permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Ordinance No. 1612

Health and Safety Code, the Business and Professions Code, or any other State law;
(9) That the permittee, or any employee, agent, or manager of the permittee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the permittee’s business; (10) That the permittee has conducted the permitted business in a manner contrary to the public health, safety, and welfare; or
(11) That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.

SECTION 21: Section 5.04.320, subsection (A) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) No refunds of any business permit fees shall be made to any permittee upon revocation or suspension of a business permit.

SECTION 22: Section 5.04.330, subsection (B) of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Application to Modify Conditions. The City Council may modify or eliminate any conditions previously imposed on a business permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to modify conditions shall be noticed and set for hearing in a manner consistent with PMC Sections 5.04.280 (Hearing to contest modification, suspension, or revocation – Notice of hearing) through 5.04.300 (Hearing to contest modification, suspension, or revocation – Procedure for hearing).

SECTION 23: Sections 5.04.340 through 5.04.370 of Title 5 of the Palmdale Municipal Code are hereby deleted in their entirety.

SECTION 24: Section 5.04.340 of Title 5 of the Palmdale Municipal Code is hereby added to read as follows:

5.04.340 Violations; Enforcement; Public Nuisance.
(A) Generally. Except as hereafter provided, any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).

Ordinance No. 1612

(B) False Statements. Any person who knowingly makes any false statement in any application for a business permit or in any report required under this Chapter is guilty of a misdemeanor and punishable as provided for in this code. (C) Enforcement. The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
(D) Public Nuisance. Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance).

SECTION 25: Section 5.04.400, subsection (B) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(B) Definitions. For the purpose of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
(1) Adult-Oriented Businesses. The term “adult-oriented businesses,” as used in this Section means any one of the following:
(a) Adult Arcade. The term “adult arcade,” as used in this Section, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(b) Adult Bookstore, Adult Novelty Store, Adult Video Store. The terms “adult bookstore”, “adult novelty store”, or “adult video store” as used in this Section, means an establishment that has 20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises.

Ordinance No. 1612

(c) Adult Cabaret. The term “adult cabaret,” as used in this Section, means a nightclub, restaurant, or similar business establishment which:
(1) features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) features persons who appear semi-nude; and/or
(3) shows films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(d) Adult Hotel/Motel. The term “adult hotel/motel,” as used in this Section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a 10 hour period, or rents, leases, or lets any single room more than twice in a 24-hour period. (e) Adult Motion Picture Theater. The term “adult motion picture theater,” as used in this Section means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this Section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this Chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.

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(f) Adult Live Entertainment Theater. The term “adult live entertainment theater,” as used in this Section means any place, building, enclosure, or structure, partially or entirely used for "live adult entertainment," as defined in this Section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.
(g) Modeling Studio. The term “modeling studio,” as used in this Section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, or on a voluntary basis, figure models who, for the purposes of sexual stimulation of patrons, appear either nude or semi-nude or display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons on the premises. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, allow, or make available “specified sexual activities”. (2) Adult-Oriented Business Operator. The term “adult-oriented business operator” (hereinafter “operator”), as used in this Section, means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.
(3) Adult-Oriented Merchandise. The term “adult-oriented merchandise,” as used in the Section, means sexually oriented implements or paraphernalia, including, but not limited to dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. (4) Applicant. The term “applicant,” as used in this Section, means a person who is required to file an application for a permit under this Section, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

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(5) Bar. The term “bar,” as used in this Section, means an establishment in which the primary use is the sale of alcoholic beverages for consumption on-site which requires an alcoholic beverage control license (Type 40, 41, 42, 48 or 61) which does not meet the definition of a bona fide restaurant, as defined in Chapter 17.16 (Definitions) of the Palmdale zoning ordinance.
(6) Distinguished or Characterized by an Emphasis Upon. The term “distinguished or characterized by an emphasis upon,” as used in this Section, means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981).
(7) Entertainer. The term “entertainer,” as used in this Section, means a person who, for any form of consideration, or on a voluntary basis, performs any act, play, review, pantomime, scene, movie, song, dance act, song and dance act, exhibition, athletic competition, sporting event, dancing for compensation, or poetry recitation, performed for the benefit of the public at an adult-oriented business. Such persons shall constitute “entertainers” regardless of their legal relationship (e.g., employee, owner, independent contractor, or volunteer) with the adult-oriented business.
(8) Establishment of an Adult-Oriented Business. To “establish” an adult-oriented business, as used in this Section, means and includes, any of the following:
(a) The opening or commencement of any Adult-Oriented Business as a new business;
(b) The conversion of an existing business, whether or not an Adult- Oriented Business, to any Adult-Oriented Business defined herein; (c) The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented Business; or,
(d) The relocation of any such Adult-Oriented Business. (9) Figure Model. The term “figure model,” as used in this Section, means any person who, for pecuniary compensation, consideration, hire or reward, or on a voluntary or otherwise unpaid basis, poses or appears in an adult modeling studio either nude or semi-nude, displays “specified anatomical areas,” or performs “specified sexual activities” to be observed, sketched, filmed, photographed, videotaped, electronically or digitally recorded, painted, drawn, sculpted, or otherwise depicted by persons on the premises, cable-casted, web-casted, Ordinance No. 1612

broadcasted, transmitted to persons or locations off-site, or otherwise provided for sale.
(10) Nudity or a State of Nudity. The term “Nudity or a state of nudity,” as used in this Section, means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. (11) Operate an Adult-Oriented Business. The term “operate an adult-oriented business,” as used in this Section, means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
(12) Owner. The term “owner,” as used in this Section, means the following: (i) the sole proprietor of an adult-oriented business; (ii) any general partner of a partnership which owns and operates an adult-oriented business; (iii) the owner of a controlling interest in a corporation which owns and operates an adult-oriented business; and (iv) the person designated by the officers of a corporation to be the permit holder for an adult-oriented business owned and operated by the corporation.
(13) Park. The term “Park,” as used in this Section, means a park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency. (14) Permittee. The term “Permittee,” as used in this Section, means the person to whom an adult-oriented business permit is issued.
(15) Person. The term “Person,” as used in this Section, means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. (16) Planning Director. The term “Planning Director,” as used in this Section, means the Director of Planning of the City, or his or her designee. (17) Regularly Features. The term “regularly features” with respect to an adult theater or adult cabaret, as used in this Section, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law, be deemed to be a regular and substantial course of conduct.

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(18) Religious Institution, Church. The term “religious institution” or “Church,” as used in this Section, is a structure which is used primarily for religious worship and related religious activities.
(19) School. The term “school,” as used in this Section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (20) Semi-Nude. The term “semi-nude,” as used in this Section, means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(21) Specified Anatomical Areas. The term “specified anatomical areas,” as used in this Section, means, and includes any of the following:
(a) Less than completely and opaquely covered human: i. Genitals or pubic region; ii. Buttocks; and, iii. Female breast below a point immediately above the top of the areola;
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and,
(c) Any device, costume, or covering that simulates any of the body parts included in Subsection (B)(20)(a) or (b) of this Section. (22) Specified Sexual Activities. The term “specified sexual activities,” as used in this Section, shall mean, and includes any of the following, whether performed directly or indirectly through clothing or other covering:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(b) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; or,
(d) Excretory functions as part of or in connection with any of the other activities described in Subsection (21)(a) through (c) of this Section.

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(23) Substantially Enlarged. The term “substantially enlarged,” as used in this Section, means the increase in floor area occupied by an Adult-Oriented Business by more than 10 percent of its floor area as it existed at the time an Adult-Oriented Regulatory Permit was issued for the business.

SECTION 26: Section 5.04.400, subsection (F)(5) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(5) The City Council shall grant the application and issue the adult-oriented business regulatory permit upon findings that the proposed business meets the locational criteria of Section 17.92.010.C.1 (Adult-oriented businesses development standards) of the City zoning ordinance, and that the applicant has met all of the development and performance standards and requirements of Subsection (I) of this Section, unless the application is denied for one or more of the reasons set forth in Subsection (G) of this Section. The permittee shall post the permit conspicuously in the adult-oriented business premises.

SECTION 27: Section 5.04.400, subsection (G)(1)(c) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(c) The adult-oriented business does not comply with the zoning ordinance locational standards, Section 17.92.010.C.1 (Adult-oriented businesses development standards);
SECTION 28: Section 5.04.400, subsection (I)(8) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(8) Reserved.

SECTION 29: Section 5.04.400, subsection (W) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(W) Existing Adult-Oriented Businesses.

The provisions of Title 17, Section 17.92.010(F) (Existing adult-oriented businesses), apply as it relates to the City’s regulations as to non-conforming uses. Any Existing Adult- Oriented Businesses not operating in compliance with Chapter 17.92, including Section

17.92.010(F) (Existing adult-oriented businesses), are not lawful businesses and are subject to the enforcement provisions of this Section 5.04.400 and any other applicable enforcement laws of the City.

SECTION 30: Sections 5.04.410 through 5.04.680 of Title 5 of the Palmdale Municipal Code are 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 Ordinance No. 1612

administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 31: Section 5.04.410 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.410 Entertainment.
(A) Definitions. For purposes of this Section, the following words shall have the following meanings:
(1) “Entertainment” means and includes, but is not limited to, any act, play, review, pantomime, scene, movie, song, dance act, song and dance act, exhibition, dancing for compensation, or poetry recitation, performed for the benefit of the public, either at a private or public establishment. “Entertainment” as used herein does not include mechanical music alone.
(2) “Adult-oriented entertainment” means any entertainment in an adult arcade, adult cabaret, adult motion picture theater, adult theater, or modeling studio, as those terms are defined in PMC Section 5.04.400(B)(1) (Adult-oriented businesses).
(B) The requirements of this Section shall be inapplicable to adult-oriented entertainment which shall be subject to the permit and regulatory requirements of PMC Section 5.04.400 (Adult-oriented business).
(C) Application Information. In addition to the information required by PMC Section

5.04.140 (Business permits – Contents), the application for an entertainment permit shall include the following information:
(1) The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of such authority or control;
(2) The name and address of the owner of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owner; (3) Whether the entertainment to be provided is adult-oriented entertainment; and (4) The duration of the entertainment permit requested by the applicant. The Director is specifically authorized to issue a one-day entertainment permit, subject to the permittee’s compliance with all applicable provisions of this Section. (D) Operating Requirements.

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(1) Hours of Operation. Entertainment, excluding adult-oriented entertainment, may be provided at an establishment permitted to provide entertainment in any location for which it is permitted except between the hours of 2:00 a.m. and 7:00 a.m. unless the City Council specifically authorizes otherwise upon a showing of good cause and that authorization is expressly set forth on the business permit for the permitted activity.
(2) Exits. No permit may be issued pursuant to this Section to any applicant if the location for which the permitted activity is being sought does not maintain unlocked doors with free and easy access sufficient to assure adequate ingress and egress in the event of an emergency.
(3) Lighting.
(a) Every business establishment at which permitted entertainment, excluding adult-oriented entertainment, may be provided shall be illuminated throughout at an intensity of at least three foot-candles during all hours of operation except while a floor show is in progress. (b) Every business establishment at which permitted entertainment, excluding adult-oriented entertainment, may be provided shall, if it owns or operates an adjacent parking lot, provide illumination of at least two foot- candles throughout such parking lot.
(E) Prohibitions – Revocation.
(1) Except for entertainment activities or performances conducted in an adult business operating in compliance with PMC provisions regulating such activities and performances, any entertainment activities or performances which present an entertainer in a semi-nude state or reveal specified anatomical areas, or include performances which either:
(a) are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or (b) feature entertainers who appear semi-nude, as defined in the City adult business ordinances in the PMC, are expressly prohibited. (2) Any violation of this Section shall result in a denial, revocation, or suspension of an applicable entertainment permit following the procedures set forth in PMC Chapter 5.04 (Business Regulation) and all applicable consequences of such denial, revocation, or suspension apply as provided in PMC Section 5.04.210 (Effect of business permit denial) and PMC Section 5.04.320 (Effect of revocation or suspension) and related Sections of this code.

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(3) The City may enforce any violation of this Section by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 32: Section 5.04.420 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.420 Game arcades.
(A) Definitions. For purposes of this Section, the following words shall have the following meanings:
(1) “Coin-operated game” means any game or machine, operated by the insertion of money, coin, or other object, which is predominately a game of skill or amusement. Such games include, but are not limited to, coin-operated pool tables, pinball machines, and video games.
(2) “Card-operated game” means any game or machine, operated by the use of a card system in which consumers purchase credits that are deposited into a card and that card is used in conjunction with a card reader on the game or machine, which is predominately a game of skill or amusement. Such games include, but are not limited to, coin-operated pool tables, pinball machines, and video games. (3) “Game arcade” means any place open to the public where five or more coin- operated games or card-operated games, or a mixture of both equal to or greater than five such games, are kept or maintained for use and operation by the public. (B) General Requirements.
(1) Manager Required. A game arcade permittee shall provide a manager to oversee the operation and orderly use of the games in the game arcade. Such manager shall be present in the game arcade during all hours that it remains open. (2) Visibility of Interior.
(a) The permittee shall maintain the interior premises of the game arcade in a manner such that it is clearly visible from the entrance to the establishment in which the game arcade is located.
(b) Notwithstanding Subsection (B)(2)(a) of this Section, if the game arcade is located in a physically segregated portion of the premises, the permittee shall maintain its interior in a manner such that it is clearly visible from the entrance into the game arcade.

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SECTION 33: Section 5.04.430 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.430 Gun dealers.
(A) Definitions. For purposes of this Section, the following term shall have the following meaning:
“Gun dealer” means any person who sells or otherwise transfers to members of the public any pistol, revolver, or other firearm, new or used, capable of being concealed upon the person.
(B) Application Information.
(1) Permit Form. Any permit issued to operate a gun dealer shall be on a form provided by the State Attorney General.
(2) Application Form. Notwithstanding any other provision of this Chapter, every applicant for a gun dealer permit shall fill out the application form provided by the State Attorney General.
(C) Permit Subject to Conditions. All permits issued under this Section are subject to the following conditions, breach of any of which subjects the business permit to forfeiture:
(1) The business activity shall be carried out only in the building designated in the permit.
(2) The permit, or a copy thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted.
(3) No pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered:
(a) Within 10 days of the application for the purchase, or, after notice by the Department of Justice (“Department”) pursuant to subdivision (c) of Section 12076 of the State Penal Code, within 10 days of the submission to the Department of corrected copies of the register, or within 10 days of the submission to the Department of any fee required pursuant to subdivision (d) of Section 12076 of the State Penal Code, whichever is later:
(i) Unless unloaded and securely wrapped or unloaded and in a locked container;
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(ii) Unless the purchaser or transferee either is personally known to the dealer or presents clear evidence of his or her identity to the dealer;
(iii) Whenever the dealer is notified by the Department of Justice that a purchaser is in a prohibited class described in Section 12021 or 12021.1 of the Penal Code or Section 8100 or 8103 of the Welfare and Institutions Code.
(b) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.
(c) The permittee shall agree to and shall act properly and promptly in processing transfers of pistols, revolvers, and other firearms capable of being concealed upon the person.
(d) The permittee shall comply with Sections 12073 and 12077 and subdivision (b) of Section 12072 of the State Penal Code.

SECTION 34: Section 5.04.440 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.440 Massage establishments and massage technicians. (A) Definitions. For purposes of this Section, the following words and phrases have the following meanings:
(1) “Certificate” means a certificate issued by a recognized school of massage (as defined in this Subsection (A)), certifying completion of the required curriculum in massage training.
(2) “Corporate massage” means any massage of the neck, arms, shoulders, and back area above the waist where the client is fully clothed and in a sitting position, where the massage is: (i) administered by a licensed and permitted massage technician; (ii) approved as an accessory use in a permitted location; and (iii) where the massage is limited to the upper body and conducted without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice.
(3) “Massage” means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without Ordinance No. 1612

supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, such as Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation or any other type of bath, including herbal body wraps.
(4) “Massage establishment” means any establishment having a fixed place of business where any person provides or attempts to provide, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any business of providing massages, as defined in this Subsection (A), or health treatments involving massage as the principal function, and where more than one massage table or chair will be utilized, or more than one licensed and permitted massage technician will be on duty at any one time.
(5) “Massage technician” includes “masseur,” “masseuse,” “massage practitioner” and “massage therapist,” and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this Section.
(6) “Qualified massage association” means any association that meets all of the following criteria:
(a) The association is a nonprofit organization; and
(b) The association has established, as minimum education requirements for membership, the completion of a minimum of 500 hours of education and training or its equivalent, in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR, from a recognized school of massage and has a written and practical testing of equivalency administered and overseen by its admission committee or by a national certification program endorsed by the National Commission for Certifying Agencies (NCCA), which is required in order to obtain membership; and
(c) The association offers and requires participation and completion by its members of a minimum number of hours of specified continuing education as a condition of continuing membership; and
(d) The association is open to members of the general public who meet the requirements for membership; and
(e) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of those rules.

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(7) “Recognized school of massage” means any school or institution of learning that teaches the theory, ethics, practice, profession, and work of massage, which school or institution complies with California Education Code Sections 94310 and 94311, or complies with equivalent regulations from other jurisdictions, and which requires a resident course of study before the student is furnished with a diploma or certificate of graduation. No school offering a correspondence course and not requiring actual attendance will be deemed to be a recognized school of massage.

A school of massage may not provide massage services to any member of the general public for any form of compensation, gratuity, or consideration. (8) “Sheriff” means the Los Angeles County Sheriff or his or her designee. (B) Exemptions. This Section shall not apply to the following:
(1) The provisions of this Section that require a massage technician permit are not applicable to, and may not be construed as applying to, any of the following persons:
(a) Physicians, surgeons, chiropractors, osteopaths, physical therapists, or any registered or licensed vocational nurse working on the premises of and under the direct supervision of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed to practice that profession in the State of California. Practical nurses, or other persons not having a massage technician permit whether or not employed by the physician, surgeon, chiropractor, osteopath, or physical therapist, may not administer or practice massage;
(b) State-licensed acupuncturists;
(c) Registered nurses and licensed vocational nurses;
(d) Coaches or trainers of amateur, semiprofessional, or professional athletes;
(e) Barbers and beauticians, duly licensed under the laws of the State of California, while engaging in their professions; provided, however, that this exception applies solely to the massaging of the neck, scalp, and hair of the customer or client;
(f) State-certified massage technicians pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code who are practicing massage consistent with the requirements therein. (2) The provisions of this Section that require a massage establishment permit are not applicable to, and may not be construed as applying to, any of the following:

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(a) Hospitals, nursing homes, sanitariums, or other health care facilities licensed by the State of California;
(b) Hospices, including those located in residences, that are licensed by the County of Los Angeles;
(c) The athletic departments of accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment;
(d) Health fairs or similar special events that are reviewed and approved by the Director;
(e) A health club, fitness center, gymnasium, hotel with over 100 rooms, a suntan parlor, a barber or beauty shop where massage is provided as an approved accessory use to the primary business;
(f) Physician’s, surgeon’s, chiropractor’s, osteopath’s, or physical therapist’s medical practice as an approved accessory to the primary business;
(g) Massage establishments or businesses that are sole proprietorships, where the sole proprietor is certified pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code, and to massage establishments or businesses that employ or use only persons certified to provide massage services pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code who are practicing massage consistent with the requirements therein. (C) Permit Application – Massage Establishments. It is unlawful for any person, to engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a massage establishment as defined in this Section without first having obtained a permit issued by the City pursuant to the provisions of this Section. A permit is valid as provided for in PMC Section 5.04.230 (Business permit – Operative), unless earlier revoked or suspended. The required permit is in addition to any business license required by this code. The application for a permit does not authorize operation of a massage establishment unless and until the permit has been issued. In addition to the information required by PMC Section 5.04.140 (Business permits – Contents), all applications for a permit to conduct a massage establishment business must contain the following information, as applicable:
(1) The nature of the ownership of the business, i.e., whether by an individual, partnership, corporation, or otherwise. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in its articles of incorporation, together with the State and date of incorporation and the names and residence addresses and telephone numbers, and business addresses and telephone Ordinance No. 1612

numbers, of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application must set forth the name, residence and business addresses, and telephone numbers, of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Secretary of the State. If one or more of the partners is a corporation, the provisions of this Subsection pertaining to corporations is applicable. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. That designated person must complete and sign all application forms required for an individual applicant under this Subsection, but only one application fee will be charged;
(2) The precise name or names under which the business of the massage establishment is to be conducted;
(3) The business address and all telephone numbers of the massage establishment;
(4) A list of the names, residence addresses, and telephone numbers of all proposed massage technicians and employees to be employed by the massage establishment, and the name, residence address, and telephone number of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment;
(5) A description of any other business operated on the same premises, or within the City or the State of California, that is owned or operated by the applicant; (6) The present address, telephone number, and the previous addresses, if any, of the applicant for the last 10 years immediately preceding the date of the permit application and the dates of each address;
(7) Written proof of the applicant’s or responsible managing officer’s age, height, weight, color of hair and eyes, sex, and date of birth; (8) Two identification photographs at least two inches by two inches taken in the last six months and fingerprints of the applicant or the responsible managing officer;
(9) The employment history and experience of the applicant in the massage or similar business for the last 10 years immediately preceding the date of application including, but not limited to, the massage or similar business history and experience in this City or any other city or state;
(10) Whether the applicant has had any other permit or license issued by an agency, board, city, county, territory, or state; the date of issuance of that permit Ordinance No. 1612

or license, and whether the permit or license was denied, revoked or suspended; or, if a vocational or professional license or permit was denied, revoked or suspended, the reason therefor;
(11) All criminal convictions, including ordinance violations and pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding traffic violations, and a statement as to the date and place of each such conviction and reasons therefor; (12) The name and address of the owner or lessor of the real property upon which the business is to be conducted. If the applicant is not the owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on that property;
(13) Proof of matriculation from a “recognized school of massage,” as defined in Subsection (A) of this Section. If the applicant is a corporation or partnership, then this proof must be supplied for the member of the corporation or partnership who will actively participate in the management of the massage establishment, and who is designated as the responsible managing officer;
(14) Proof of membership in a “qualified massage association,” as defined in Subsection (A) of this Section;
(15) A floor plan of the massage establishment indicating all proposed tenant improvements, including the location of each room, massage table and/or chair dedicated to providing massage services. No alterations to the approved floor plan will be permitted unless and until reviewed and approved by the appropriate City departments;
(16) Authorization for the City, its agents and employees, to seek verification of all information contained in the application;
(17) Such other information as may be deemed necessary by the Director or the Sheriff’s Department;
(18) A statement in writing, signed and dated by the applicant, declaring under penalty of perjury that all information contained in the application is true and correct and that all provisions of this Section will be adhered to. (D) Massage Establishment – Permit Issuance and Denial. Upon receipt of a written application, the Director will have 60 days to conduct an investigation to ascertain whether the permit should be issued. The Director must forward a recommendation to the City Council, which has the authority to issue the permit unless it makes any of the following findings:

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(1) The applicant, if an individual, or any officers, directors, or shareholders of the corporation, if the applicant is a corporation, or any of the partners including limited partners, if the applicant is a partnership, or any person proposed to be engaged or employed in the massage establishment, has within 10 years preceding the date of the application:
(a) Been convicted of a violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, or Subsection (a) or (b) of Penal Code Section 647, or any other provisions of law that require a person to register under the provisions of Penal Code Section 290, or where the prosecution accepted a plea of guilty or nolo contendere to a charge of violating Penal Code Section 415, or any lesser included offense, in satisfaction of or as a substitute for any of the previously listed crimes;
(b) Been convicted of a violation of Health and Safety Code Section 11550, or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058;
(c) Been convicted of an offense in any other state, which offense is the equivalent of any of the above referenced offenses;
(d) Engaged in conduct that would constitute grounds for suspension or revocation under this Section;
(e) Been subjected to a permanent injunction against the conduct or maintenance of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or similar provisions of law of a jurisdiction outside the S of California; and
(f) Been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions, or duties of the applicant;
(2) The applicant had a massage operator or massage technician permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county, or state within 10 years prior to the date of application; (3) The applicant has made false, misleading, or fraudulent statement(s) or omission(s) of fact to the City in the permit application process; (4) The application does not contain all of the information required by Subsection (C) of this Section;
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(5) The massage establishment, as proposed by the applicant, would not comply with all applicable laws, including but not limited to health, zoning, fire, and safety requirements and standards;
(6) The applicant has not satisfied the requirements of this Section within the time specified. If the application is denied for failure to comply with Subsection (D)(3) or (4) of this Section, the applicant may not reapply for a period of 12 months from the date the application was denied.
(E) Massage Establishment – General Provisions. All permittees must comply with the following conditions and any other conditions specified by the City Council in connection with the issuance of a permit:
(1) Prior to occupancy of the massage establishment, a final inspection by the appropriate City departments and agencies will be conducted to verify compliance with the approved plans and with all applicable provisions of this Section. On-going operation of the massage establishment must be in conformance with this code and the zoning ordinance at all times.
(2) No massage technician, employee, or manager may massage the genital or anal area of any patron, or the breasts of any female patron, nor may any permittee or manager of a massage establishment allow such massage. No massage technician, operator, or manager, while performing any task or service associated with the business of the massage establishment, may be present in any room with another person unless that person’s genitals, anus, or, in the case of a female, her breasts, are completely covered by a fully opaque, nontransparent material. (3) No permittee may conduct business under any name not specified in the permit. (4) All massage establishments must have a manager on the premises at all times that the massage establishment is open. The permittee of the massage establishment must file a statement with the Director designating the person or persons who are authorized to act as the manager and to ensure compliance with this Section, as well as being the person to whom notices required by this Chapter may be delivered to for receipt by the permittee.
(5) No massage establishment may be or remain open for business without having at least one massage technician on duty on the premises who holds a current valid permit.
(6) The permittee and its designated manager(s) must ensure that the permit for each on-duty massage technician is conspicuously displayed in a location visible to the patrons, and that each massage technician is wearing the photo identification required by Subsection (J)(2) of this Section.

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(7) No permittee may employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Section. Every permittee must report to the Director any change of employees, whether by way of new or renewed employment, discharge, or termination. The report must set forth the name of the employee and the date of hire or termination. The report must be made within five days of the hire or termination. The permittee must deliver to the Director the permit and photo identification card of any massage technician no longer employed by the permittee.
(8) All persons employed in the massage establishment must be fully clothed at all times. Clothing must be of a fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone. (9) Each permittee must conspicuously display the current massage establishment permit in a location within the massage establishment that is visible to patrons. (10) The permittee must comply with all provisions of this Section and all applicable provisions of this code.
(F) Massage Establishment – Facility and Operating Requirements. (1) Facilities.
(a) Structure. Massage must be conducted in a structure that is located in a zone district where that use is authorized.
(b) Services List. Each permittee must post and maintain in a conspicuous location within the premises, a list, in English, of services available and the cost of those services. No permittee, or responsible managing officer, may permit, and no massage technician may offer or perform, any services other than those posted.
(c) Lighting. Each permittee must provide, in each room where massage is conducted, sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room must be provided by at least one 60-watt white light bulb and must be activated at all times while a patron is in that room or enclosure. No strobe flashing lights may be used.

No colored lights may be used nor may any coverings be used which change the color of the primary light source.
(d) Bath Facilities. A minimum of one toilet and one separate wash basin must be provided for patrons in each massage establishment. The basin must provide soap or detergent and hot running water at all times and must be located within close proximity to the area devoted to the conduct of massage services. A permanently installed soap dispenser, filled with soap, and a single-service towel dispenser must be provided at the restroom hand Ordinance No. 1612

wash sink. In addition, a separate wash basin must be provided for the use of employees. No bar soap may be used. A trash receptacle must be provided in each toilet room. Showers may be provided at the permittee’s option.
(e) Linen Storage. Closed cabinets must be provided and used for storage of clean linens, and approved receptacles must be provided for the deposit of soiled linen. All cabinets and receptacles must be clearly labeled. (f) Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, then separate massage rooms must be provided for male and female patrons. (g) Maintenance. All facilities of the massage establishment must be in good repair and must be thoroughly cleaned and sanitized each day that the business is in operation. The surfaces of all walls, floors, and ceilings of each restroom and shower area, if provided, must be made smooth so as to be easily cleaned. No carpeting may be installed in any of these areas. (h) Massage Table. A massage table must be provided in each massage room dedicated for massage services and the massage must be performed on the massage table.

The tables must be a minimum height of 18 inches. Two-inch-thick foam pads, with a maximum width of four feet, may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds may not be used in the administration of a massage.
(2) Operating Requirements.
(a) Same Use. No massage establishment may operate as a school of massage, or use the same facilities that are used by a school of massage. (b) Equipment. Each permittee must provide and maintain adequate equipment for disinfecting and sterilizing any instruments used in massage.

Instruments used in performing massage may not be used on more than one patron unless they have been sterilized using approved sterilizing methods.
(c) Inspections. The permittee must consent to the inspection of the massage establishment by the City’s Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff’s Department, and the County Health Department for the purpose of determining that the provisions of this Section, and all other applicable laws or regulations, are met. Routine inspections may not exceed more than two each year, unless Ordinance No. 1612

violations are found or complaints are received. During the inspection, verification of the identity of all on-duty massage technicians may occur.

Inspections of the massage establishment may be conducted at any time the business is in operation or at any other time that employees are on the premises.
(d) Linen. Common use of towels or linen may not be permitted. Towels and linen must be laundered or changed promptly after each use. Separate enclosed cabinets with doors or covers must be provided for the storage of clean and soiled linen and must be plainly marked “Clean Linen” and “Soiled Linen.”
(e) Living Quarters Prohibited. No person may be permitted to reside within any massage establishment at any time. No kitchen facilities may be provided within any massage establishment, and no food of any kind may be prepared for sale or sold in the massage establishment. The sale of prepackaged herbs and lotions is permitted; provided, that no more than 10 percent of the floor area is dedicated for that use.
(f) Alcoholic Beverages/Drugs. No person may enter, or remain in, any part of a massage establishment while in possession of, consuming, using, or under the influence of, any alcoholic beverage or controlled substance. The permittee and manager are responsible for ensuring that no such person enters or remains upon the premises of the massage establishment.

Service or possession of alcoholic beverages by the establishment or any other person on the premises of the establishment, including the area beyond the reception area, is prohibited.
(g) Recordings. No electrical, mechanical, or other device may be used by the permittee or any employee of a massage establishment for audio or video recording, or for monitoring the conduct of a massage or any conversation or other sounds in the massage rooms.
(h) Employee Records. The permittee or manager of the massage establishment must keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment, and the name and residence addresses of the manager or managing employee who is designated to be primarily in charge of the operation of the massage establishment. This roster must be kept on the premises for immediate inspection by officials charged with enforcement of this Section.
(i) Coverings. Each massage establishment must provide to all patrons clean, sanitary, and opaque nontransparent coverings capable of covering the patron’s specified anatomical areas, including the genital area, anus, Ordinance No. 1612

and female breasts. No common use of these coverings is permitted, and reuse of these coverings is prohibited unless properly cleaned. (j) Client Records. Every massage establishment must require all patrons to print and sign a register book in a legible manner. Records must be kept of the dates and hours of each massage treatment or service, the name and address of the patron, the name of the massage technician administering that service, and a description of the massage treatment or service rendered. A short medical history form must be completed by the permittee to determine whether the patron has any physical condition which may be adversely affected by the massage. These records must be prepared prior to administering any massage or treatment and must be retained on the premises for a period of 24 months after the treatment or service. These records must be open to immediate inspection only by officials charged with enforcement of this Section and for no other purpose. Any unauthorized disclosure or use of that information by any officer or employee of the City constitutes a misdemeanor.
(k) Hours of Operation. No person may operate a massage establishment or administer a massage in any massage establishment, or as an accessory use, between the hours of 10:00 p.m. and 7:00 a.m. A massage that is commenced anytime before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons, and visitors must be excluded from the massage establishment or the massage area between 10:00 p.m. and 7:00 a.m.
(l) Advertising. No massage establishment or other business that is issued a permit under this Section may place, publish, distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients or customers that any service is available other than those services described in this section, nor may any massage establishment employ language in the text of that advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this section.
(m) Persons with Disabilities. All massage establishments must comply with all State and Federal laws and regulations relating to persons with disabilities.
(n) Doors. All front, reception, hallway, or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) must remain unlocked during business hours. No massage may be given within any cubicle, room, booth, or any other area within a massage establishment that is fitted with a door capable of being locked, unless the only door is an exterior door.

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(o) Tinted or “One-Way” Glass. No massage establishment may be equipped with tinted or “one-way” glass in any room, office, or store front window.
(3) Exception. The provisions of this Subsection, facility and operating requirements for a massage establishment, are not applicable to and may not be construed as applying to massage establishments or businesses that are sole proprietorships or to massage establishments or businesses that employ or use only persons certified to provide massage services pursuant to Division 2, Chapter

10.5, Section 4600 et seq. of the Business and Professions Code and who are practicing massage consistent with the requirements therein. (G) Change of Management or Ownership.
(1) Every permittee of a massage establishment must immediately report to the Director any change of ownership or management of the massage establishment, including, but not limited to, the change of manager or other person primarily in charge, a change in the mailing address of the owner, permittee, manager, or other person primarily in charge, a change in stockholders holding more than five percent of the stock of the corporation, changes in officers, directors or partners, changes in the mailing address of the officers, directors or partners, any change of name, style, or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change in the location of any premises will require a new application for a massage establishment.
(2) No massage establishment permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, will be deemed to constitute a voluntary surrender of that permit, and that permit will thereafter be null and void; provided, however, that if the permittee is a partnership, and one or more of the partners dies, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of the permit, and, in such case, upon notification to the Director, the permit will be placed in the name of the surviving partners. A massage establishment permit issued to a corporation will be terminated when either: (i) any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a permit; or (ii) any stock authorized but not issued at the time of the granting of the permit is thereafter issued, sold, transferred, or assigned. No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. (H) Permit Application – Massage Technicians. No person may perform or administer a massage, or advertise to provide massage services in the City, without first obtaining a permit issued by the City pursuant to the provisions set forth below. A permit is valid as Ordinance No. 1612

provided for in PMC Section 5.04.230 (Business permit – Operative), unless earlier revoked or suspended. The required permit is in addition to any business license required by this code. In addition to the information required by PMC Section 5.04.140 (Business permits – Contents), an application for a massage technician permit must include the following information, as applicable:
(1) The primary business location at which the applicant will be working as a massage technician, including the full name of the business, street address, and all telephone numbers associated with that business location. If the massage technician will be providing massage at more than one location, the primary business location must be identified as well as all other locations, including the names, addresses, and telephone numbers of those other locations; (2) The full true name and any other name used by the applicant; (3) The present address and telephone number, and all previous addresses of the applicant for the last 10 years immediately prior to the date of application; (4) Written proof of the applicant’s age, height, weight, sex, color of eyes and hair, and date of birth;
(5) Two identification photographs at least two inches by two inches taken in the last six months, and the applicant’s fingerprints;
(6) The employment history or experience of the applicant in the massage or similar business for the last 10 years immediately preceding the date of application, including, but not limited to, the massage or similar business history and experience in this City or any other city or state;
(7) Whether the applicant has had any other permit or license as a massage technician issued by an agency, board, city, county, territory, or state; the date of issuance of that permit or license, and whether the permit or license was denied, revoked or suspended, and the reason therefor. That information must include the business activity or occupation engaged in by the applicant subsequent to any suspension or revocation;
(8) All criminal convictions, including ordinance violations and pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding for traffic violations, and a statement as to the date and place of each such conviction and reasons therefor; (9) Documentation of the applicant’s experience as a practicing massage technician, as applicable;
(10) Proof of matriculation from a “recognized school of massage,” as defined in Subsection (A) of this Section;
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(11) Proof of membership in a “qualified massage association,” as defined in Subsection (A) of this Section;
(12) Authorization for the City, its agents, and employees, to seek verification of all information contained in the application;
(13) Such other information as may be deemed necessary by the Director or the Sheriff’s Department;
(14) A statement in writing, signed and dated by the applicant, declaring under penalty of perjury that all information contained in the application is true and correct and that all provisions of this Section will be adhered to. (I) Massage Technician – Permit Issuance and Denial. Upon receipt of a written application, the Director will have 60 days to conduct an investigation to ascertain whether the permit should be issued. The Director must forward a recommendation to the City Council, which has the authority to issue the permit unless it makes any of the following findings:
(1) The applicant has, within 10 years preceding the date of the application, been convicted of any of the following:
(a) A violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, or Subsection (a) or (b) of Penal Code Section 647, or any other provisions of law that require a person to register under the provisions of Penal Code Section 290, or where the prosecution accepted a plea of guilty or nolo contendere to a charge violating Penal Code Section 415, or any lesser included offense, in satisfaction of or as a substitute for any of the previously listed crimes,
(b) A violation of Health and Safety Code Section 11550, or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058,
(c) Conviction for an offense in any other state, which offense is the equivalent of any of the above referenced offenses;
(2) The applicant has been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions, or duties of a massage technician; (3) The applicant has had a massage operator or massage technician permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county, or state within 10 years prior to the date of application; Ordinance No. 1612

(4) The applicant has made false, misleading or fraudulent statement(s) or omission(s) of fact to the City in the permit application process; (5) The application does not contain all of the information required by Subsection (H) of this Section;
(6) The applicant has not satisfied the requirements of this Section within the time specified.

If the application is denied for failure to comply with Subsection (I)(4) or (5) of this Section, the applicant may not reapply for a period of 12 months from the date the application was denied.
(J) Massage Technicians – General Provisions. All massage technicians must comply with the following conditions and any other conditions specified by the City Council in connection with the issuance of a permit:
(1) No massage technician may massage the genital or anal area of any patron, or the breasts of any female patron. No massage technician, while performing any task or service associated with the massage business, may be present in any room with another person unless that person’s genitals, anus, or, in the case of a female, her breasts, are completely covered by a fully opaque nontransparent material. (2) The massage technician must wear a photo identification card issued by the City at all times when acting as a massage technician in the massage establishment or other approved place of business. The identification card must be worn on the outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she must, prior to that change, obtain from the Director a new photo identification card and advise the Director in writing of the new business address.
(3) Massage technicians may not perform any massage at any location other than the location specified in the permit.
(4) While on duty, the massage technician may not use any name other than that specified on the photo identification card.
(5) Massage technicians must be fully clothed at all times. Clothing must be of a fully opaque, nontransparent material and provide complete covering from mid- thigh to three inches below the collar bone.
(6) The massage technician must consent to the inspection of the entire massage establishment, including occupied and unoccupied massage rooms or other areas, by the City’s Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff’s Department, and the Health Department for the purpose of Ordinance No. 1612

determining that the provisions of this Section and other applicable laws or regulations are met.
(7) No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. (8) The massage technician must comply with all provisions of this Section and any applicable provisions of this code.
(K) Corporate Massage Businesses.
(1) Any person desiring to perform corporate massage, as defined in Subsection (A) of this Section, must first be conducting business at a fixed location that has a massage establishment permit or that is authorized to provide massage as an accessory use.
(2) Corporate massage may be performed only by a person who possesses a valid massage technician permit issued by the City.
(3) The massage technician or massage establishment offering corporate massage must have a signed contract for service at each location where the service is to be provided, and copies of all contracts must be provided to the City for review upon submittal of the business permit application. The contract must specify the location, days, and times the service is to be offered. (4) Corporate massage must be conducted at a commercial or industrial place of business and must be administered only to the employees of that business. (5) Corporate massage must be provided only in a public area, to which all employees are provided free access.
(6) Corporate massage must be offered at a specified time and day at each location and may not be offered at any other time. In no event may corporate massage be permitted or offered between the hours of 9:00 p.m. and 7:00 a.m. (L) Fees.
(1) The City Council will establish by resolution, and may from time to time amend, the fees for the administration of this Section. Fees required by that resolution are in addition to any other fees required under other sections of this code. (M) Existing Permits/Compliance.
(1) Commencing on the effective date of the ordinance amending this section, permits will be issued pursuant to the provisions of this Section.

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(2) All persons holding existing massage establishment permits or massage technician permits will have one year from the effective date of the ordinance amending this section to comply with all requirements of this Section. (N) Duration of Permits.
(1) Permits for massage establishments and massage technicians will be renewed to coincide with the duration of permits issued as provided for in PMC Section

5.04.230 (Business permit – Operative); provided, that the applicant continues to meet the requirements of this Section.
(2) A renewal application for an existing permit must be filed with the Director before the expiration date of the existing permit. Temporary permits will not be issued, and renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit. (3) Renewal applications will require such information as may be required by the Director to update the information contained in the original permit application and to conduct an investigation to ascertain whether a renewal should be issued. The Director must forward a recommendation to the City Council, which has the authority to renew a permit, as provided for in Subsections (D) and (I) of this Section. The appropriate filing fee must accompany the application for renewal. (O) Suspension, Revocation, and Nonrenewal.
(1) Revocation, Suspension, and Nonrenewal of an Operator’s Permit. (a) The City Council may suspend a massage establishment permit for a period of 30 days for each violation of the provisions of Subsection (E) or (F) of this Section or on the grounds that the applicant or permittee has failed to comply with any of the permit conditions or other requirements of this Section as determined by the Director and recommended to the City Council by the Director. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. (b) The City Council may revoke or refuse to renew a massage establishment permit under the following circumstances: (i) facts exist that would support findings for denial of a permit under any provision of Subsection (D) of this Section; or (ii) there is a subsequent violation of any provision of Subsection (E) or (F) of this Section within one year following suspension of the permit under Subsection (O)(1)(a) of this Section; or (iii) the permittee has demonstrated its inability to operate or manage the massage establishment in a lawful manner, thereby necessitating one or more responses by law and/or code enforcement, including officials from the City’s Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff’s Department and the Health Department.

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(c) The Director must notify the applicant, permittee, or manager in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant, permittee, or manager with a notice of intent to suspend, revoke or refuse to renew a permit. This notice must state the reasons for the recommendation and date the City Council will consider the recommendation.
(2) Revocation, Suspension, and Nonrenewal of a Massage Technician’s Permit. (a) The City Council may suspend a massage technician permit for a period of 30 days for each violation of the provisions of Subsection (J) of this Section or on the grounds that the applicant or permittee has failed to comply with any of the permit conditions or other requirements of this Section as determined by the Director and recommended to the City Council by the Director if a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. (b) The City Council may revoke or refuse to renew a massage technician permit under the following circumstances: (i) facts exist that would support findings for denial of a permit under any provision of Subsection (I) of this Section; or (ii) there is a subsequent violation of any provision of Subsection (J) of this Section within one year following suspension of the permit under Subsection (O)(2)(a) of this Section; or (iii) the permittee has demonstrated its inability to conduct massage services within a massage establishment in a lawful manner, thereby necessitating one or more responses by Law Enforcement Officers.
(c) The Director must notify the applicant or permittee in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant or permittee, with a notice of intent to suspend, revoke or refuse to renew a permit. This notice must state the reasons for the recommendation and date the City Council will consider the recommendation.
(3) Notice.
(a) If the City Council determines that grounds exist for the suspension, revocation, or nonrenewal of a permit, the Director must serve the applicant, permittee, or manager in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant, permittee, or manager, with a notice of denial or notice of suspension, revocation or refusal to renew permit. This notice must state the reasons for the action and the effective date of the decision. (4) Violation and Penalty.

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(a) Every person, who is subject to this section, and who violates any of the provisions of this Section by administering a massage, or by operating a massage establishment, or by advertising the availability of massage, without first obtaining a permit and a business license from the City to do so, or who violates any other provisions of this Section is guilty of a misdemeanor.
(b) Any massage establishment that is operated, conducted, or maintained contrary to the provisions of this Section may be declared to be unlawful and a public nuisance, and the City, in addition to or in lieu of prosecuting a criminal action, may commence an action or proceeding to abate that public nuisance in the manner provided by law, and to restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions of this code.

SECTION 35: Section 5.04.450 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.450 Pawnbrokers and secondhand dealers.
(A) Definitions. For purposes of this Section, the following terms shall have the following meanings:
(1) “Builders’ tools” means all tools customarily used in the construction, alteration, or repair of buildings.
(2) “Coin dealer” means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial-grade ingots of gold, or silver, or other precious metals. (3) “Pawnbroker” means any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan. (4) “Secondhand dealer” means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, accepting for sale or consignment, accepting for auctioning, or auctioning secondhand tangible personal property. A “secondhand dealer” does not include a coin dealer or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Section 12071 of the Penal Code, who are acting in compliance with the requirements of Section 12070 and subdivision (d) of Section 12072 of the Penal Code, and who are not gun show traders, as described in paragraph (5) of subdivision (b) of Section 12070 of the Penal Code.

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(5) “Tangible personal property” has the same meaning as set forth in Section 21627 of the Business and Professions Code of the State of California. (B) Application Information. In addition to the information required by PMC Section

5.04.140 (Business permits – Contents), every applicant for a business permit to operate as a pawnbroker or a secondhand dealer shall provide the following information, as applicable:
(1) The applicant’s age, height, weight, sex, and color of hair and eyes; (2) The applicant’s current address and prior addresses within the 12 months preceding the date of the application;
(3) Whether the applicant has ever conducted a similar business in the City or elsewhere and the name under which the applicant conducted such similar business;
(4) Fingerprints and photographic identification, as defined in PMC Section

1.04.100 (Photographic identification); and
(5) A copy of the applicant’s current secondhand dealer or pawnbroker license issued by the State of California.
(6) Security Plan Required. The applicant shall submit a security plan. The plan should detail systems that the tenant intends on installing to protect patrons, visitors, employees, and company property/assets on site. The plan shall address issues such as safes to be installed, alarm systems, deployment of any security personnel, funds-transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss-prevention/crime-prevention training provided to employees, and any other applicable measures. (C) Operating Requirements.
(1) Hours of Operation. No pawnbroker or secondhand dealer, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnbroker or secondhand dealer between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.
(2) Reporting. Every permittee under this section shall comply with Section 21628 et seq. of the Business and Professions Code or Section 21208 et seq. of the Financial Code.

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(3) Any business who buys. or receives as a pledge. any builders’ tools, as defined by this section, shall comply with Sections 21550 et seq. of the Business and Professions Code.
(4) Disposal of Property. Every permittee under this section shall be subject to and shall comply with the requirements of State law for holding and inspection of property.
(5) No transactions that require reporting under Section 21628 of the Business and Professions Code shall be engaged in with any person under 18 years of age.

SECTION 36: Section 5.04.460 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.460 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.
(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:

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(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 PMC Section

5.04.050 (Permits required) and related Sections of PMC Chapter 5.04 (Business Regulations), and complying with all requirements of the business license, unless such person qualifies for an exemption under PMC Chapter 5.04 (Business Regulations).
(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 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 30 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.
(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.

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(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 along with the permit application, which must be provided at the time of application. 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 roaming sidewalk vendor may operate in any residential zone earlier than sunrise or later than 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, awning, or canopy, 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, Ordinance No. 1612

carton, or rack, to increase the 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.

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(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, or otherwise shall be in compliance with the zoning code.
(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. (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 five 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 four 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 200 feet of any public or private school grounds between 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events. (13) Upon or within any roadway, median strip, or dividing section.

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(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 Subsections (F) through (H) of this Section and PMC Section 8.24.210 (Vending), inclusive, and the requirement to obtain a special business permit pursuant to PMC Section 5.04.590(C)(2) (Sidewalk vending – business license and special business permit required).
(1) A violation of any provision in Subsections (F) through (H) of this Section and PMC Section 8.24.210 (Vending), inclusive, may only be punished by the following:
(a) An administrative fine not exceeding $100.00 for a first violation. (b) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(c) An administrative fine not exceeding $500.00 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 $250.00 for a first violation. (b) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(c) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

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(3) Upon proof of a valid special business permit, an administrative fine imposed under Subsection (I)(2) of this Section shall be reduced to the respective administrative fine set forth in Subsection (I)(1) of this Section. (4) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by Subsections (I)(1) and (2) of this Section.
(5) Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Subsections (F) through (H) of this Section and PMC Section 8.24.210 (Vending), inclusive, nor a failure to pay an administrative fine, imposed by Subsection (I)(1) or (2) of this Section shall be punishable as an infraction or misdemeanor.
(6) Any person who receives an administrative fine under Subsection (I)(1) or (2) of this Section 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 20 percent 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 Subsection (I)(1) or (2) of this Section to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (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 Ordinance No. 1612

sidewalk vendors that are not prohibited by State or Federal law, or which are allowed by this code.

SECTION 37: Section 5.04.470 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:

5.04.470 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 storefront 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.

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(5) “Mobile food truck” means a motorized vehicle or mobile food unit that should be licensed by the 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 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 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 10 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 PMC Section 5.04.460 (Sidewalk vending) 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 Ordinance No. 1612

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. 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. (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 10 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;
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(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 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 10 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;
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(e) A detailed description of the goods, merchandise, or services which the applicant will vend;
(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; and
(g) 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.

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(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 PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. 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 Subsection (D)(4) of this Section to the City Clerk within 10 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 PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. (6) Each permittee shall notify the Business License Division, in writing, within 10 business days of any change in the required application information under Subsections (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 10 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 Subsection (D)(1) of this Section.

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(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 Subsection (D)(2) of this Section. (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 PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. 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 Subsection (E)(1) of this Section to the City Clerk within 10 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 PMC Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. (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 Ordinance No. 1612