Placentia City Council
November 21, 2023

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2023-04, an Ordinance of the City Council of the City of Placentia, California, finding that approval of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) and amending the Placentia Municipal Code, Section

13.48.160 (Title 13 — Vehicles & Traffic) and adding Chapters 8.10 - Sidewalk Vending (Health & Sanitation) and 13.50 - Sales of Goods from Vehicles (Vehicles & Traffic), to establish a regulatory framework for the sales of food and merchandise from sidewalk vendors and food trucks.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to:

Promote Community and Economic Development, Goal 3, as this item will serve to enhance Community Development and Economic Development efforts in general as it will provide options for outdoor vending operations. It will also result in the regulation of outdoor vending and food truck operations, which will promote said operations in an orderly and safe manner that benefits the entire community.

DISCUSSION/BACKGROUND:

This ordinance adds two new chapters to the Placentia Municipal Code. Chapter 8.10 adds a regulatory framework for sidewalk vendors and Chapter 13.50 adds a parallel regulatory scheme for mobile food vendors (food trucks). Both new chapters are aligned with one another, to some extent, but the state has imposed many more limitations on what cities can regulate with regard to sidewalk vendors, which explains why the regulations pertaining to food trucks are much stricter and more broad (e.g. food trucks are prohibited in the residential neighborhoods and parks and are limited to selling food only between 8 a.m. and 6 p.m., while sidewalk vendors are restricted from selling in commercial areas from midnight to 7 a.m. and from 10 p.m. to 7 a.m. in residential neighborhoods). In addition, while sidewalk vendors can only be issued administrative citations, food truck vendors can be cited, fined, or prosecuted.

The City's proposed regulations are comparable to neighboring cities. Staff reviewed ordinances of a number of cities, including: Dana Point, Fullerton, Brea, Pasadena, Huntington Beach, Garden Grove, Costa Mesa, Buena Park, Laguna Beach, Fountain Valley, Seal Beach, Los Alamitos, Stanton, Irvine, Westminster and Santa Ana.

Sidewalk Vendor Regulations — Chapter 8.10
Senate Bill ("SB") 946 and SB 972 were both signed into law and became effective January 1, 2019, and January 1, 2023, respectively. Both SB 946 and 972 (codified as California Government Code Section 51038 and 51039) have severely limited the authority of cities and counties to regulate sidewalk vendors.

This ordinance will update the City of Placentia Municipal Code to allow sidewalk vending, consistent with SB 946 and SB 972. The new law defines "sidewalk vendors" to include any person

City Council Agenda
November 7, 2023

who sells food or merchandise from a pushcart, wagon, or other non -motorized conveyance, or from his or her person, while on a public sidewalk or other pedestrian path. A sidewalk vendor may be "stationary" or "roaming." Stationary sidewalk vendors are those who operate from a fixed location, while roaming sidewalk vendors move from place to place and stop only to complete a transaction. The statutory requirements apply to both stationary and roaming sidewalk vendors unless otherwise indicated.

California Government Code §§ 51038 and 51039 now prohibit cities from adopting regulations that do any of the following:
• Restrict the overall number of sidewalk vendors allowed to operate within the jurisdiction, except if directly related to objective health, safety, or welfare concerns. • Require sidewalk vendors to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise.
• Require sidewalk vendors to operate within specific parts of the public right-of-way, except if directly related to objective health, safety, or welfare concerns. • Require sidewalk vendors to operate only in designated neighborhoods or areas, except if directly related to objective health, safety, or welfare concerns.

The City of Placentia may, however, regulate the time, place, and manner in which sidewalk vending is conducted, provided that such regulations are directly related to objective health, safety, or welfare concerns. Permissible regulations include, but are not limited to, the following:
• Limits on hours of operation, provided they are not unduly restrictive. In nonresidential areas, limitations cannot be more restrictive than the hours of operation imposed on other businesses on the same street.
• Requirements to maintain sanitary conditions.
• Requirements to ensure compliance with the Americans with Disabilities Act and other disability access standards.
• Requiring a sidewalk vending permit, business license, California Department of Tax and Fee Administration seller's permit, and/other licenses from other state or local agencies. • Requiring a sidewalk vendor to submit certain information on his or her application concerning operations.
• Prohibiting sidewalk vendors on private property.
• Requiring compliance with other generally applicable laws.

The newly enacted laws declare that perceived community animus or economic competition are not valid "objective health, safety, or welfare concerns" to justify the imposition of time, place, or manner restrictions. In addition, local authorities are precluded from prohibiting sidewalk vendors in public parks. A limited exception is allowed where a concessionaire has been granted an exclusive concession for the sale of food or merchandise. In such case, the city can only prohibit stationary sidewalk vendors but must still allow roaming sidewalk vendors. The city may impose additional time, place, and manner restrictions to sidewalk vending in public parks, so long as the restrictions meet at least one of the following criteria:
• They are directly related to health, safety, or welfare concerns.

City Council Agenda
November 7, 2023

• They are necessary to ensure the public's use and enjoyment of the park's natural resources and recreational opportunities.
• They are necessary to prevent an undue concentration of commercial activity that would unreasonably interfere with the park's scenic and natural character.

Cities may prohibit sidewalk vendors within the immediate vicinity of permitted special events, including, but not limited to, certified farmers' markets, filming permit, a parade, or an outdoor concert, during those events' operating hours. Sidewalk vendors cannot be cited, fined, or prosecuted for a violation of any rule or regulation that is inconsistent with the Government Code.

Even where a compliant sidewalk vending program is in place, cities are precluded from imposing criminal penalties. Instead, violations may be punished with administrative citations in the amounts set forth in the new Government Code Section 51039. No additional fines, penalties, or other financial conditions may be assessed, including for a failure to pay an administrative fine.

However, following a fourth violation of a local sidewalk vending regulation, a vendor's permit can be rescinded for the remainder of the term.

Once a citation is issued, the City is required to consider the person's ability to pay the fine and must notify the person of his or her right to request an ability -to -pay determination. Such a request may be made even after he or she has become delinquent or if his/her income is 125% or less of the current federal poverty guidelines, the City must accept payment of 20% as full satisfaction of the fine. For any citation, the local authority may accept community service in lieu of payment, waive the administrative fine, or offer an alternative disposition.

After SB 946 was enacted and local jurisdictions began revising their ordinances, it became clear that sidewalk vendors were still unable to get their businesses off the ground because of county health permit requirements, which were viewed as an impediment to the sidewalk vendor law. In addition, because the health permit from the county was a prerequisite to obtaining a city business license, many, if not all, sidewalk vendors were still not permitted to operate in cities. As a result, SB 972 was enacted to significantly alter the California Retail Food Code ("CalCode") relevant to the preparation and sale of food by sidewalk vendors and other compact mobile food operations ("CMFOs).

Chapter 8.10 reflects the new equipment, operational, and permitting requirements found in SB 972 to accommodate microbusinesses more realistically like sidewalk food vendors and bring entrepreneurs like sidewalk vendors into the formal economy. Some view these changes as "reduced" or "relaxed" health and sanitary requirements for sidewalk vendors. The law revises certain equipment requirements for CMFOs, streamlines permitting processes for CMFOs and the facilities that support them. Therefore, not only are cities impacted by the new sidewalk vendor laws, but also Health enforcement agencies (i.e., the Orange County Health Department) must similarly adopt/revise certain regulations that are consistent with the new state rules related to food facilities operating within their jurisdiction.

City Council Agenda
November 7, 2023

Consistent with SB 972, PMC Chapter 8.10 does not require a health permit from the County Health Department to allow sidewalk vendors and other compact mobile food operations with 25 square feet or less of display area that sell only the following:
• Bagged snacks.
• Cans of soda.
• Bottled water.
• Whole fruits.
• Whole vegetables.
• Canned goods that do not need refrigeration.

Many cities and counties currently require any business that sells food — including sidewalk vendors — to first obtain a health permit prior to applying for a local business license or vending permit that would allow them to conduct business in the jurisdiction. PMC Chapter 8.10 contains an exemption from health department permitting requirements for compact mobile food operations that sell only (i) prepackaged food that is not potentially hazardous; and (ii) whole produce.

Also consistent with the new state law, a sidewalk vendor's cart is defined as a "compact mobile food operation" or a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance. The new law has relaxed equipment requirements for these pushcarts.

In addition, an unenclosed mobile food operation facility, a category that includes most sidewalk vendors and other compact mobile food operations, are permitted to conduct what is called, "limited food preparation" under CalCode. SB 972 expands the definition of limited food preparation to include several common and safe food preparation activities, thereby allowing a sidewalk vendor or other compact mobile food operation to conduct those food preparation activities "in the field" rather than at a commissary. "Limited food preparation," is defined as:

1. Slicing and chopping of non -potentially hazardous fruits and vegetables,

2. Pre-cooking food in an approved kitchen and "hot -holding" or "cold -holding" that food prior to service from a vending cart.

3. Reheating food that was previously prepared in an approved kitchen.

Section 8.10.120 (G), "Seizure of Goods" was included in Chapter 8.10 to address "objective health, safety, and welfare concerns" to prevent the situation which occurred in the City of Santa Ana last year. Many people who purchased food from unlicensed sidewalk vendors in Santa Ana, were the unsuspecting victims of food borne illness. By including a section on impounding perishable food which has sickened customers, the necessary tools will be provided to Placentia code enforcement officers along with County Health Department officials to seize the food before others become sick.

City Council Agenda
November 7, 2023

Sales of Goods from Vehicles (Regulations) — Chapter 13.50 The purpose of adding Chapter 13.50 is to align the sidewalk vending regulations with mobile food truck regulations, although state law has not limited cities' ability to enact stricter health, safety and welfare regulations pertaining to food trucks. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon any street in order to promote public safety. Vending from mobile vending facilities on public streets creates the potential for safety hazards, such as, but not limited to, encouraging pedestrians to cross mid -block to purchase food. The actions of mobile food vendors can create safety risks to the public, especially pedestrians who become inattentive to vehicular traffic. Vendors who fail to park their mobile vending facilities on public streets in a safe manner during a transaction attract customers onto public roadways, creating further traffic and public safety hazards.

Chapter 13.50 applies to individual food trucks, which are usually found on public rights -of -way, often near construction sites or on private property, such as office buildings, commercial businesses (e.g., parking lots of Best Buy, Lowe's, or Home Depot), and industrial areas and involve situations where the food truck generally stay in one place for less than 30 minutes. Food trucks participating in a Special Event (pursuant to PMC 23.81.015) must adhere to the requirements of Chapter 13.50 but must also abide by additional regulations when they participate under the umbrella of a special permit event.

Unlike the regulation contained in Chapter 8.10 (Sidewalk Vendors), Chapter 13.50 contains stricter regulations for food trucks. The City of Placentia is permitted to enact and enforce the following regulations concerning food trucks:
• Require mobile food trucks (in some instances) to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise on private property.
• Require mobile food trucks to operate within specific parts of the public right-of-way, to protect the public health, safety, or welfare concerns. • Require mobile food trucks to operate only in designated areas of the city and prohibit them from operating in residential neighborhoods or public parks. • Limits hours of operation of mobile food trucks, e.g. 8 a.m. to 6 p.m. • Enforce requirements to maintain sanitary conditions. • Requiring a mobile vending permit, business license, California Department of Tax and Fee Administration seller's permit, commercial general liability insurance and County Health Department permit.
• Require a mobile food vendor to submit certain information on his or her operations. • Require compliance with other generally applicable laws and are subject to being cited, fined, and prosecuted.

The regulations enacted by this ordinance will provide Code Enforcement officers the ability to protect the public health, safety, and welfare of its residents.

City Council Agenda
November 7, 2023

Fees
Currently, there are City fees that apply to certain outdoor vendors and food trucks. However, Staff recommends updating and modernizing those fees based on City Council action regarding the proposed Ordinance. Any changes to the fee schedule could be part of the annual Fiscal Year fee schedule adjustment or could be adopted by City Council at an earlier date.

CEQA:

In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Commonsense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (Municipal Code Amendment) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Commonsense exemption, a Notice of Exemption will be filed.

Prepared-by�
[5ariel Pivaroff c .

Reviewed and approved:

Joseph M. Lambert
Code Enforcement Supervisor Director of Development Services Reviewed and approved:

Damien R. Arrula
City Administrator
Attachment:

1. Ordinance No. O-2023-04

ORDINANCE NO. O-2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AMENDING SECTION

13.48.160 (Title 13 — VEHICLES & TRAFFIC) AND ADDING
CHAPTERS 8.10 - SIDEWALK VENDING (HEALTH &
SANITATION) AND 13.50 - SALES OF GOODS FROM

VEHICLES (VEHICLES & TRAFFIC), TO ESTABLISH A

REGULATORY FRAMEWORK FOR THE SALES OF FOOD

AND MERCHANDISE FROM SIDEWALK VENDORS AND
FOOD TRUCKS.

City Attorney Summary
This Ordinance would repeal Section 13.48.160 and add Chapters 8.10 ("Sidewalk Vending"), and Chapter 13.50 (Sales of Goods from Vehicles) which establishes a regulatory framework for sidewalk vendors and food trucks. Senate Bill ("SB") 946 and 972 were both signed into law and became effective January 1, 2019, and January 1, 2023, respectively. Both SB 946 and 972 (codified as California Government Code Sections 51038 and 51039) have severely limited the authority of cities and counties to regulate sidewalk vendors. Notwithstanding the state limitations imposed on cities regulating sidewalk vendors, the City of Placentia desires to add a regulatory framework for both sidewalk vendors and a parallel scheme for mobile food vendors (food trucks).

A. Recitals
(i) Senate Bill (SB) 946 was signed into law on September 17, 2018, and became effective January 1, 2019.
(ii) SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with Government Code Sections 51038 and 51039. (iii) The city desires to regulate and provide for the safe and lawful operations of sidewalk vendors, consistent with SB 946.
(iv) The Sidewalk Vending Ordinance requires all persons engaged in sidewalk vending to possess a sidewalk vending permit and comply with the regulations contained therein.
(v) This Ordinance will update the City of Placentia Municipal Code by adding Chapter 8.10 (Sidewalk Vending) to allow sidewalk vending, consistent with state law, which now prohibits cities from adopting regulations that restrict sidewalk vendors from operating.

Ordinance O-2023-04

(vi) Chapter 8.10 will regulate the time, place, and manner in which sidewalk vending is conducted in the city.
(vii) Chapter 8.10 provides that sidewalk vendors cannot be cited, fined, or prosecuted for a violation of any rule or regulation that is inconsistent with the Government Code. Chapter 8.10 does not set forth criminal penalties for violations of the sidewalk vending ordinance because violations may only now be punished with administrative citations.
(viii) SB 972 significantly altered the California Retail Food Code ("CalCode") relevant to the preparation and sale of food by sidewalk vendors and other compact mobile food operations ("CMFOs").
(ix) Chapter 8.10 reflects the new equipment, operational, and permitting requirements found in SB 972. Some view these changes as "reduced" or "relaxed" health and sanitary requirements for sidewalk vendors. This ordinance is aligned with the new state law equipment requirements for sidewalk carts, now designated by the State as Compact Mobile Food Operations ("CMFO's"), which streamlines the permitting processes for CMFO's and the facilities that support them. (x) Consistent with SB 972, Placentia Municipal Code Chapter 8.10, will not always require a county health permit to allow sidewalk vendors and other compact mobile food operations with 25 square feet or less of display that sell only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not require refrigeration, and other similar foods.
(xi) In addition, pursuant to SB 972, an unenclosed mobile food operation facility, a category that includes most sidewalk vendors and other compact mobile food operations, are permitted to conduct what is called, "limited food preparation" in the field under CalCode.
(xii) The Placentia City Council desires to impose reasonable time, place, and manner restrictions on sidewalk vendors, consistent with state law to ensure the safety of sidewalk vendors, the patrons, and the public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in their community. (xiii) Concurrent with enacting the sidewalk vendor ordinance, the City Council desires to establish parallel regulations pertaining to food trucks by enacting Chapter

13.50. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon any street to promote public safety.
(xiv) Vending from mobile vending facilities, also known as food trucks on public streets creates the potential for safety hazards, such as, but not limited to, encouraging pedestrians to cross mid -block to purchase food. In addition, mobile food truck vendors who fail to park their mobile vending facilities on public streets in a safe manner during a Ordinance O-2023-04

transaction attract customers onto public roadways, creating further traffic and public safety hazards.
(xv) Unlike the regulations contained in Chapter 8.10 (Sidewalk Vendors), Chapter 13.50 contain more comprehensive regulations for food trucks. Since the City of Placentia is permitted to enact and enforce the following regulations concerning food trucks, Chapter 13.50 will regulate food trucks as follows:
• Require mobile food trucks to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise on private property.
• Require mobile food trucks to operate within specific parts of the public right-of-way, to protect public health, safety, or welfare concerns. • Require mobile food trucks to operate only in designated areas of the city. • Limit hours of operation of mobile food trucks.
• Enforce requirements to maintain sanitary conditions. • Require a mobile vending permit, business license, California Department of Tax and Fee Administration seller's permit, and a County Health Department permit.
• Require a mobile food vendor to submit certain information on his or her operations.
• Cities are not restricted in the types of penalties for violations of mobile food truck regulations as they are with respect to sidewalk vendors.

B. Ordinance
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine, and ordain as follows:

SECTION 1. Chapter 8.10 of Title 8 (Health & Sanitation) is hereby added as follows:

Chapter 8.10 Sidewalk Vending.

8.10.010 Purpose.

8.10.020 Definitions.

8.10.030 Sidewalk Vendor Permit Required

8.10.035 Exceptions to Requirement of Sidewalk Vendor Permit.

8.10.040 Issuance of Permit.

8.10.050 Denial of Sidewalk Vendor Permit.

8.10.060 Revocation of Sidewalk Vendor Permit.

8.10.070 Appeal Process.

8.10.080 Operating Conditions.

8.10.090 Operating Conditions for Compact Mobile Food Operations.

8.10.100 Use of Approved Kitchens by Sidewalk Vendors.

8.10.110 Prohibited Activities and Locations.

8.10.120 Penalties.

Ordinance O-2023-04

8.10.130 Citation Appeals.

8.10.010 Purpose
The purpose of this Chapter is to establish a Sidewalk Vendor Permitting and Regulatory framework. The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on Sidewalk Vending and providing regulation and enforcement of unpermitted Vending Activities to protect the public health, safety, and welfare. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending are necessary for the following reasons:

1. Ensure no interference with the performance of public safety officers including police, firefighter, security, and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers (bollards, vehicles, cement, or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Sidewalk Vending Activities in portions of the city while preserving the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise in the public right-of-way, by providing a practical way to ensure Sidewalk Vendors prepare Food safely and according to CalCode and the Orange County Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Sidewalk Vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other rights of way are protected while accommodating Sidewalk Vendor equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

This chapter shall not apply to food truck vending which is subject to regulations contained in Chapter 13.50 (Sales of Goods from Vehicles).

8.10.020 Definitions
For purposes of this Chapter, the following words and phrases shall have the following meanings. Whenever any words or phrases used herein are not defined, but are defined in the California Health and Safety Code, Business & Professions Code, or the Vehicle Ordinance O-2023-04

Code, such definitions shall apply. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. "Auxiliary Handwashing and Warewashing Facilities" means a nearby sanitary standalone sink facility to satisfy the County Health Department requirement of having four sinks attached to the vending cart or stand.
"Cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, compact mobile food operation or other non -motorized conveyance used for Sidewalk Vendor Activity.
"Certified Farmers' Market" shall be as defined in Section 27512 of the California Health and Safety Code.
"City Building" means any building and the abutting parking lot(s) which is owned or occupied by the City of Placentia or any of its departments and which is used for public purposes.
"City Property" means all property owned or controlled by the City of Placentia, including, but not limited to, buildings, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.
"Compact Mobile Food Operation" is a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance. Such an operation would be restricted to limited food preparation. In certain circumstances operators are not required to obtain a health permit from the local health department.
"Civic Center" means the area in the City of Placentia where City Hall is located. "Development Services Director" means the Development Services Director or a designee selected to make determinations pertaining to this chapter. In the event that the Development Services Director position is not filled, the highest ranking official in the Community Services Department will be responsible for making determinations or selecting a designee.
"Fire Station" means any facility where fire engines and other equipment of the Orange County Fire Authority are housed.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Girl Scout Cookies" means cookies sold by the Girl Scouts of America to support Girl Scout councils and individual troops. They are sold door-to-door, or at cookie booths set up on sidewalks or storefronts.

Ordinance O-2023-04

"Goods" or "merchandise" includes items and products of every kind and description, including all foods, produce and beverage items. "Services" of any kind are not included in the definition of goods and/or merchandise.
"Hearing Officer" is the contractor hired by the City of Placentia to impartially consider appeal requests and decide on the outcome of appeals.
"Integral Equipment" for purposes of a compact mobile food operation facility, means both equipment that is permanently attached to the primary unit and equipment that is securely fastened to the primary unit. The purpose is to allow for the construction of modular carts with flexible cooking uses, carts that can be disassembled for transportation and cleansing, and carts that incorporate already existing and approvable equipment that can be securely fastened to a cart without being permanently welded to the primary unit. "Lemonade Stand" means a business operated by minors under the age of 16, from a stand, which may be a folding table, in front of the minor's residence. "Limited Food Preparation" means permitted food preparation activities "in the field" rather than at a commissary, to include such activities as 1) slicing and chopping of non - potentially hazardous fruits and vegetables; 2) pre-cooking food in an approved kitchen and "hot -holding" or "cold -holding" that food prior to service from a vending cart; 3) re- heating food that was previously prepared in an approved kitchen. "Marijuana" shall have the same definition as that set forth in California Health & Safety Code Section 11018. "Marijuana" shall include: "cannabis" as defined in California Business & Professions Code Section 19300.5 (f); "cannabis concentrate" as defined in California Business & Professions Code Section 19300.5 (g); "edible cannabis product" as defined in California Business and Professions Code Section 19300.5(s). Marijuana means both medical marijuana and non -medical marijuana. "Merchandise" means any tangible personal property that can be sold and immediately obtained from a Sidewalk Vendor, excluding Food. Items for rent shall not be considered Merchandise. Merchandise excludes any service or services. "Park" means each and every park, recreation center, sporting field, hiking trail, walking track, garden, barbecue, picnic area, and every other recreation facility owned, managed and/or controlled by the City of Placentia and under the jurisdiction of the Director of Community Services including parking lots attached thereto. "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and maintaining street trees.
"Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

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"Person" means and includes all person or persons, domestic and foreign corporations, limited liability company, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts Trust, business or common law trusts, societies, and individuals transacting and carrying on any business in the city. "Police Station" means any facility where police vehicles and other equipment of the City Police Department are housed.
"Reduced sink, water tank and water heating requirements" means that if a compact mobile food operation is not handling raw meat on site, the sidewalk vendor is exempt from the three -compartment ware washing sink requirement, allowing the operator to carry spare utensils as an alternative. Also, the operator is exempt from the requirement of having a water heater, which therefore allows these small facilities to operate with a smaller integral water tank.
"Reduced Testing Requirements" means a food handler's card from the County Health Department required for operation of a compact mobile food operation, otherwise known as the standard food safety knowledge requirement for restaurant employee and other workers in the food retail industry. In most cases, the food handler's card can be obtained on-line.
"Residential Zone" means any area zoned or used exclusively as residential in the City of Placentia. This includes the public sidewalk of residential streets, directly adjacent to residential zoning.
"Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place -to -place and stops only to complete a transaction.
"Service" is any form of labor that does not require the transfer of tangible personal property, such as food, merchandise, and goods.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway. "Sidewalk Vendor" or "Vendor" means a person(s) who sells Food or Merchandise from a Cart, compact mobile food operation or from one's person, upon a Sidewalk, Pathway or Park.
"Sidewalk Vendor Activities" or "Sidewalk Vending Activity" means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a Sidewalk Vendor such as, but not limited to, placement, or maintenance of any Cart. "Standard Plan Pre -Approval" means standardized blueprints for vending carts, stands, racks, and other facilities designed for use as a compact mobile food facility, that have been pre -approved by the County Health Department.

Ordinance O-2023-04

"Stationary Sidewalk Vendor" means a sidewalk vendor who vends from a fixed location. "Special Event" means any event permitted pursuant to Section 23.81.015 (Special Events) of the Placentia Municipal Code.
"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 Chapter, or any successor Chapter. "Vend" or "Vending" means the sale or offering for sale of any goods or merchandise to the public from either a sidewalk vendor or a vehicle (food truck). "Vending Cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, compact mobile food operation or other non -motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

8.10.030 Sidewalk Vendor Permit Required
A. No Person, either for themselves or any other Person, shall engage in any Sidewalk Vendor Activities within the City without first applying for and receiving a Sidewalk Vendor Permit from the Development Services Director. Each person engaged in sidewalk vending shall have a permit notwithstanding that another Person with a permit may own the sidewalk vending cart.

B. A written application for a Sidewalk Vendor Permit shall be filed with the Development Services Director on a form provided by the City. 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 required to be renewed annually in conjunction with the Business License and a separate nonrefundable application fee paid annually for such renewal application. Sidewalk Vendor Permit(s) are non -transferable and any change in ownership or operation of Cart requires a new permit.

C. The written application shall include the following information:

1. An address where the applicant consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Business & Professions Code Section 17538.5.

2. A schedule of the applicant's proposed hours of operation, items of sale, area/locations of operation and whether applicant intends to operate as a stationary or roaming sidewalk vendor.

3. The number and description or photograph of all vending equipment, (including evidence of County Department of Health approval of such equipment, if required), Ordinance O-2023-04

information identifying the approved kitchens for food preparation and location where cart will be stored pursuant to Section 8.10.100, and signs, or other means of advertisement proposed to be used.

4. For all Food vending applications, evidence of a permit from the County Health Department for the sale of food or beverages, as may be required. A County Health Permit may not be required in certain circumstances for sidewalk vendors and other compact mobile food, whose operations are less than 25 square feet or less of display area that sells only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need to be refrigerated, and other similar foods.

However, a food handler's card is required. (Reduced Testing Requirements).

5. Evidence of Commercial General Liability Insurance and an acknowledgement that the sidewalk vendor will maintain this insurance throughout the duration of any sidewalk vendor permit issued under this Chapter. Such General Liability Insurance shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Vendor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) day written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal for each required coverage.

6. Copy of a United States or California State issued identification with photo identification, and taxpayer identification number.

7. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code that designates "City of Placentia" as a location or sublocation.

8. An agreement by the sidewalk vendor to defend, indemnity, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bring such proceeding.

9. An acknowledgement that use of public property is at the sidewalk vendor's own risk, and the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities.

10. Any other relevant information required by the Director, or the Director's designee.

8.10.035 Exceptions to Requirement of Sidewalk Vendor Permit Ordinance O-2023-04

The provisions of this Chapter shall not be applicable to or deemed to prohibit:

A. The vending of lemonade by minors under the age of 16, from stands in front of their residence.

B. The vending of girl scout cookies in the city in neighborhoods to support the Girl Scouts, a non-profit charitable organization.

8.10.040 Issuance of Permit
A. The Development Services Director will issue the Sidewalk Vendor Permit if they find, based on all of the relevant information, that:

1. The conduct of the Sidewalk Vendor will not unduly interfere with traffic or pedestrian movement, or endanger the public health, safety or general welfare or encourage loitering.

2. The conduct of the Sidewalk Vendor will not unduly interfere with normal governmental, public safety, or City operations, result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Sidewalk Vendor.

3. The conduct of such Sidewalk Vending Activity will not constitute a fire hazard.

4. The Sidewalk Vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this Chapter.

5. The Sidewalk Vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years.

6. The Sidewalk Vendor application contains all required information, and the Sidewalk Vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process.

7. The Sidewalk Vendor has paid the Business License Tax pursuant to Placentia Municipal Code section 6.04.030 and produced evidence of a California Seller's permit.

8. The Sidewalk Vendor's Cart and proposed Activities conform to the requirements of this Chapter.

9. The Sidewalk Vendor has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the City Risk Manager.

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10. The Sidewalk Vendor has not been convicted of any misdemeanor, which is sexual in nature or involving moral turpitude or of any felony within five years of the date of application submittal.

11. The Sidewalk Vendor has satisfied all requirements of this Chapter.

8.10.050 Denial of Sidewalk Vendor Permit
A. If the Development Services Director finds that the requirements set forth in Section 8.06.040 have not been met, he or she shall deny the application for the Sidewalk Vendor Permit. The Development Services Director shall provide written notice of such denial specifying the ground or grounds of such denial. Notice of denial of the application for the Permit shall be deemed to have been served upon the date it is personally served on the applicant or three days following the date the notice is deposited in the United States mail with postage prepaid and addressed to the Sidewalk Vendor at the residence address set forth in the application for the Permit.

B. No Person whose permit is denied shall be eligible to apply for a new Sidewalk Vendor Permit for a period of one year following such denial. The date of denial shall be the expiration of the appeal period.

8.10.060 Revocation of Sidewalk Vendor Permit
A. Any Sidewalk Vendor Permit may be revoked by the Development Services Director for good cause shown including but not limited to any of the following reasons:

1. Falsification of any information supplied by the Sidewalk Vendor upon which issuance of the Permit was based.

2. Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this Chapter or the requirements of the California Retail Food Code (Health & Safety Code).

3. A threat or harm to public health, safety or welfare resulting from Sidewalk Vending Activity of the permittee, including but not limited to County Health Department citations/complaints due to food borne illness stemming from sidewalk vendor and failure to comply with the California Retail Food Code (Health & Safety Code).

4. Upon a fourth violation or a subsequent violation of any requirement of this Chapter.

B. Notice of Intent to Revoke a Sidewalk Vending Permit, with any and all specific grounds for revocation, shall be served in writing not less than 30 calendar days before revocation to the address listed in the application or to any subsequent address provided to the City by the permittee. The Notice shall include a date, time, and address for a hearing before the Development Services Director where the Sidewalk Vendor Permittee shall have the opportunity to present evidence as to why their permit should not be revoked.

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C. No Sidewalk Vendor whose permit is revoked shall be eligible to apply for a new permit until the expiration of the term of the rescinded permit.

8.10.070 Appeal Process
A. Any Person whose application for a Sidewalk Vendor Permit has been denied or revoked may appeal such decision by filing a written notice of appeal with the City Clerk within 10 days following the date of service of the decision and payment of the appeal fee, which fee shall be established by resolution of the City Council. The date of filing shall be the date the City Clerk receives the notice and appeal fee. The notice of appeal shall fully set forth the grounds upon which the appeal is based.

B. Upon receipt of a timely appeal, a Hearing Officer shall hear such appeal within 20 days following the date of filing such appeal and shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the Hearing Officer shall be based upon the criteria set forth in this Chapter. The appellant shall be notified of the decision of the Hearing Officer by mailed written notice. The decision of the Hearing Officer shall be final. No revocation or denial of a permit pursuant to this section shall be deemed final or effective during the pendency of a timely filed appeal until the date of mailing of the Hearing Officer's decision affirming such revocation or denial; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this chapter is not in full force and effect.

8.10.080 Operating Conditions
Every Sidewalk Vendor is subject to the following operating conditions when conducting Sidewalk Vending Activities:

A. All Food and Merchandise shall be stored either inside or affixed to the Cart or carried by the Sidewalk Vendor. Food and Merchandise shall not be stored, placed, or kept on any public property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this Section.

B. The Business License, California Seller's Permit and Vendor Permit shall be displayed conspicuously at all times on the Cart or the Sidewalk Vendor. If multiple Sidewalk Vendors are staffing a Cart each Person shall obtain and wear his or her Vendor Permit on their Person in a conspicuous manner.

C. Sidewalk Vendors shall not leave their Cart unattended.

D. All signage and advertising related in any way to the Sidewalk Vendor shall be stored either inside or affixed to the Cart. Signage and advertising shall not be stored, placed, or kept on any public property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this Section. Signage shall also comply with the requirements set forth in Chapter 23 of the Placentia Municipal Code.

Sidewalk Vendors shall not use any electrical, flashing, wind powered, or animated sign.

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E. All Sidewalk Vendors shall allow a police officer, firefighter, code enforcement officer, health inspector, or other government official charged with enforcing laws related to Sidewalk Vendor Activities, at any time, to inspect their Carts for compliance with this Chapter.

F. Except as otherwise permitted under Federal, State, or local law or regulation, Carts and attachments thereto shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. Only umbrellas may be used as an attachment to the cart and are allowed to exceed the total height of four feet, but no higher than eight feet.

The umbrella must also provide a minimum of seven feet of vertical clearance.

G. Sidewalk Vendors selling Food shall have in their possession at all times they are conducting Sidewalk Vending Activities, all applicable County and State Food vending licenses.

H. Sidewalk Vendors that sell Food shall maintain a trash container in or on their Cart and shall not empty their trash into public trashcans. The size of the Sidewalk Vendor's trash container counts as part of the size limit of a Cart.

I. Sidewalk Vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk Vendors shall immediately clean up any food, grease or other fluid or item related to Sidewalk Vending Activities that falls on public property. Sidewalk Vendors shall follow all (NPDES) National Pollution Discharge Elimination System regulations contained in Placentia Municipal Code Chapter

16.20, for illicit discharge.

J. Sidewalk Vendors shall maintain a minimum four -foot clear accessible path for pedestrian ingress and egress free from obstructions, including Cart and customer queuing area.

K. Sidewalk Vendors shall ensure that all required insurance is in effect prior to conducting any Sidewalk Vendor Activities and maintained for the duration of the Permit.

L. Sidewalk Vendors shall not utilize sound amplifying equipment nor non -amplified musical or noise making devices.

M. Sidewalk Vendors shall not utilize tables or chairs. Common prohibited uses of tables and chairs include the support of Food and Merchandise, and the creation of an unpermitted outdoor dining area.

N. Sidewalk Vendors may only sell Food and/or Goods. Sidewalk Vendors shall not sell or provide services. Vending of services is prohibited even if the vending of services is combined with the Vending of Food or Merchandise or Goods, and even if the services are deemed to be free of charge with the purchase of Food or Merchandise.

8.10.090 Operating Conditions and Equipment Requirements For Compact Mobile Food Operation (Sidewalk Vendors)
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A. Sidewalk vendors and other compact mobile food operations with 25 square feet or less of display area that sell only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need refrigeration, and other similar foods are exempt from the requirement to obtain a health permit from the County Health Department. Instead, only a food handler's card is required.

B. Unenclosed mobile food facilities such as compact mobile food operations allow the sidewalk vendor to conduct the following "limited food preparation" activities in the field rather than at a commissary.

1. Slicing and chopping of non -potentially hazardous fruits and vegetables.

2. Pre-cooking food in an approved kitchen and "hot -holding" or "cold - holding" that food prior to service from a vending cart.

3. Re -heating food that was previously prepared in an approved kitchen.

C. Reduced Equipment Requirements for compact mobile food operations include, but are not limited to the following:

1. Use of Auxiliary Handwashing and Ware washing Facilities.

2. Reduced Sink, Water Tank and Water Heater Requirements.

3. Use of Integral Equipment.

4. Vending cart consistent with County Health Department standard blueprint plan design that has already received authorization by the County Health Department.

8.10.100 Use of Approved Kitchens by Sidewalk Vendors For Compact Mobile Food Operations.

A. Sidewalk Vendor Use of Existing Approved Kitchen Spaces. The County Health Department may approve existing permitted food facilities, such as restaurants, any kitchen facility used as a commissary, as well as any church, school, library, community center and other facilities with commercial grade kitchens to provide an approved space for sidewalk vendors to safely prepare food and store compact mobile food operation facilities like vending carts or stands.

B. A home being used as a cottage food operation, or a microenterprise home kitchen operation may serve as a food preparation and storage space for a compact mobile food operation if the County Health Department deems the home to have adequate facilities to support the compact mobile food operation. No more than two compact mobile food operations can be stored in a private home unless specifically approved by the county health department.

8.10.110 Prohibited Activities and Locations.

A. Sidewalk Vendors shall comply with all Federal, State, County, and local laws, and regulations.

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B. Cart(s) shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.

C. Sidewalk Vendors shall not engage in any of the following activities:

1. Renting Merchandise to customers.

2. Displaying Merchandise or Food not available for immediate sale.

3. Selling of alcohol, Marijuana, adult oriented material, material displaying profane language or obscenities, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or Marijuana.

4. Selling Food or Merchandise to any person sixteen years of age or younger without a parent or guardian present.

5. Using an open flame or a generator on or within or in conjunction with any Cart, except as otherwise permitted under Federal, State, or local law.

6. Using an electrical outlet or power source that is owned by the city or another person other than the Sidewalk Vendor.

7. Conducting Sidewalk Vending Activities anywhere in the city between the hours of '2:00 a.m. 9:00 p.m. and 7:00 8:00 a.m. adjacent to Commercial Uses.

Conducting Sidewalk Vending Activities anywhere in the city between the hours of '0:00 9:00 p.m. and 7:00 8:00 a.m. adjacent to any other uses. Conducting Roaming Sidewalk Vending activities in any Park when it is closed to the public.

8. Continuing to offer Food or Merchandise for sale, following, or accompanying any person who has been offered Food or Merchandise, after the person has declined the offer to purchase Food or Merchandise.

9. Knowingly making false statements or misrepresentations during the course of offering Food or Merchandise for sale.

10. Blocking or impeding the path of the person(s) being offered Food or Merchandise to purchase.

11. Making any statements, gesture, or other communication which a reasonable person in the situation of the person(s) being offered Food or Merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out.

12. Touching the person(s) being offered Food or Merchandise without that person(s)' consent.

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13. Placing their Cart outside of any Pathway or sidewalk when engaging in Sidewalk Vending Activities.

14. Placing any cables or wires across any Pathway or sidewalk when engaging in Sidewalk Vending Activities.

15. Conducting Sidewalk Vending Activities on private property.

D. Sidewalk Vendors shall not engage in Sidewalk Vending Activities at the following locations:

1. Any Residential Zone in the City. This restriction only applies to Stationary Sidewalk Vendors.

2. Parks.

A. Stationary Sidewalk Vending is prohibited in all Parks where the City has granted exclusive restaurant concessions, and any location the City may award an exclusive restaurant concessions in the future.

B. Roaming sidewalk vendors are permitted in parks even if an exclusive concession has been granted.

3. The Civic Center, other city owned buildings, including but not limited to any police station, fire station, public works yard, community services building or senior center, except as otherwise permitted under a Special Event Permit pursuant to Section 23.81.015 (Special Events) of the Placentia Municipal Code.

4. Any City Property that does not meet the definition of a sidewalk or pathway including, but not limited to, any alley, square, street, street end, or parking lot.

5. An area designated for barriers for protection of the public.

6. Within 200 feet of:
a. A public or private school.
b. A place of worship.
c. A large or general child day-care facility.
d. A permitted Certified Farmers' Market or Swap Meet during the limited operating hours of that Certified Farmers' Market or Swap Meet. e. An area designated for a Special Event pursuant to a city issued permit, during the limited duration of the Special Event.

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7. Within 100 feet of:
a. Another Sidewalk Vendor.
b. The intersection of a street and a Sidewalk.
c. The portion of any City facility that is renting or selling Merchandise or selling Food to the public or where the rental Merchandise is stored. d. Any police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.

8. Within 25 feet of a:
a. Fire hydrant, fire call box or other emergency facility. b. Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone.
c. Automated teller machine.
d. Driveway, alley, or entrance to a parking lot or parking garage. e. Entrance or exit to a building, structure, or facility. f. Trash receptacle, bike rack, bench, bus stop, restroom, public catch basins, or similar public use items.

9. Within:
a. 18 inches from the edge of the curb.
b. A parking lot of a city park or public facility.
c. Where placement impedes the flow of pedestrian traffic or impedes egress from, access to or the use of abutting property. d. The boundary of a valet parking zone or loading/unloading zone. e. Public safety efforts or programs, street improvement activities, construction activities, cleaning efforts or other similar activities.

8.10.120 Penalties
A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Ordinance O-2023-04

Chapter 1.10 of the Placentia Municipal Code (Administrative Citations) in an amount not to exceed the following:

1. An administrative fine not exceeding $100.00 for a first violation.

2. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

B. If a Sidewalk Vendor violates any portion of this Chapter and cannot present the citing officer with proof of a valid permit, the Sidewalk Vendor shall be assessed administrative fines in the following amounts:

1. An administrative fine not exceeding $250.00 for a first violation.

2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

C. Upon proof of a valid permit issued by the City, the administrative fines set forth in Subsection 8.10.120 B shall be reduced to the administrative fines set forth in Subsection

8.10.120 A, or any successor sections.

D. The Development Services Director, or the Development Services Director's designee, may revoke a permit issued to a Sidewalk Vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.

E. A violation of this chapter shall not be punishable as an infraction or misdemeanor.

No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

F. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions, beyond those authorized herein shall not be assessed.

G. Seizure.

1. Because of the overwhelming need to immediately protect public safety during certain emergency situations, the carts, merchandise, or any other instrumentality of the person violating 8.10.110 (Prohibited Activities and Locations), may be immediately seized by the city.

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2. The carts, merchandise, or any other instrumentality of the person violating any other provision of the municipal code, or any other state or federal law, may be seized by the city.

3. The city shall store such property for a minimum maximum of 30 days. If the property is not claimed within that time period, the city may dispose of the property.

4. Any perishable items may be disposed of immediately by the city upon seizure.

5. All merchandise will be returned, if properly claimed, except if the possession or sale of such merchandise is otherwise illegal, including, but not limited to, violation of copyright laws, trademark laws, illegal contraband or any other violation of local, state or federal law.

8.10.130 Citation Appeals
A. Administrative citations may be appealed pursuant to Section 1.14.060, except where the hearing officer is considering an administrative fine, he or she has the power to:

1. Reduce the fine based upon the person's ability to pay the fine.

2. If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer shall order the City to accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this Chapter.

3. The Hearing Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

B. All appeals of administrative citations shall be conducted in accordance with Chapter

1.14 of this Code.

SECTION 2. Section 13.48.160 of Title 13 (Vehicles & Traffic) is hereby amended as follows:

13.48.160 Vendors' wagons and pushcarts Permi
section intentionally left blank.
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required. This
No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy or other articles of food are co d or oThrcd or sa c, wi-hou • -irst ob -aining a wri --en permit -o do so -rom -he chie- o police, which permit shall designate the specific location in which such cart shall stand.

SECTION 3. Chapter 13.50 of Title 13 (Vehicles & Traffic) is hereby added as follows:

Chapter 13.50 Sale of Goods from Vehicles
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13.50.010 Purpose.

13.50.020 Definitions.

13.50.030 Vending on private property prohibited — Exemption.

13.50.035 This Chapter shall not apply to sidewalk vending contained in Chapter 8.10.

13.50.040 Regulations for vending from vehicles.

13.50.050 Application for vendor's permit —Contents —Required fee

13.50.060 Investigation of applications.

13.50.070 Issuance of Permit.

13.50.080 Denial of Permit.

13.50.090 Revocation of permit.

13.50.100 Appeals.

13.50.110 Exemptions.

13.50.120 Impounding unlawfully parked vehicles.

13.50.130 Impounding and seizure of goods — Procedure.

13.50.010 Purpose
The purpose and intent of Chapter 13.50 is to regulate the sale of food, food products, ice cream, goods, or merchandise from motor vehicles on public and private property and to protect the health and safety of people within the City. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon streets.

Unregulated vending from mobile vending facilities on public streets impairs traffic safety, the safety of pedestrians, contributes to traffic congestion and therefore impedes the orderly movement of pedestrians and motorist traffic. This Chapter is not intended to repeal or amend the provisions of this Code that provide for licensing or permit procedures for the conduct of certain business activities.

This chapter shall not apply to sidewalk vending which is subject to regulations contained in Placentia Municipal Code Chapter 8.10 (Sidewalk Vending).

13.50.020 Definitions.

For purposes of this Chapter, the following words and phrases shall have the following meanings. Whenever any words or phrases used herein are not defined but are defined in the California Health and Safety Code or the Vehicle Code, such definitions shall apply. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. "California Retail Food Code" means the health, safety, and sanitary requirements of the California Health & Safety Code.
"Development Services Director" means the Development Services Director or a designee selected to make determinations pertaining to this chapter. In the event that the Development Services Director position is not filled, the highest ranking official in the Ordinance O-2023-04

Community Development Department will be responsible for making determinations on selecting a designee.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Food truck" or "Mobile food truck" means a licensed, motorized vehicle or mobile food unit licensed by the California Department of Motor Vehicles, if applicable, 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.
"Ice Cream truck" means a licensed, motorized vehicle or mobile unit designed and equipped to serve, and sell ice cream, candy or snacks to children. "Goods" or "merchandise" includes items and products of every kind and description, including all foods, produce and beverage items. Services are not included in the definition of goods or merchandise.
"Hearing Officer" is the contractor hired by the City to impartially consider appeal and requests and decide on the outcome of appeals.
"Human -powered device" means any device moved by human power, including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping cart, or other wheeled container or conveyance.
"Marijuana" means both medical marijuana and non -medical marijuana. "Marijuana" shall have the same definition as that set forth in California Health & Safety Code Section 11018. "Marijuana" shall include: "cannabis" as defined in California Business & Professions Code Section 19300.5 (f); "cannabis concentrate" as defined in California Business & Professions Code Section 19300.5 (g); "edible cannabis product" as defined in California Business and Professions Code Section 19300.5(s). Marijuana means both medical marijuana and non -medical marijuana. "Merchandise" means any tangible personal property that can be sold and immediately obtained from a Food Truck or Mobile Food Truck, excluding Food. Items for rent shall not be considered Merchandise. Merchandise excludes any services. "Park" means each and every park recreation center, sporting field, hiking trail, walking track, garden, barbecue, picnic area, and every other recreation facility owned, managed and/or controlled by the city and under the jurisdiction of the Director of Community Services including parking lots attached thereto. "Permitted parking space" means the location where a mobile food truck is permitted to prepare, serve, and sell food, as identified and approved by the city. "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or Ordinance O-2023-04

common law trusts, societies, and individuals transacting and carrying on any business in the city.
"Public property" means any real property, or interest, therein, owned, leased, operated or otherwise controlled by the city, either wholly or jointly with another public agency, other than a street, alley, parkway or sidewalk. "Residential zone" or "zoned for residential purposes" means any property which, by ordinance of the city, is then currently classified into any one of the residential zones specified in the code in which residential dwellings are an expressly permitted use. "Special Event" means any event permitted pursuant to Section 23.81.015 (Special Events) of the Placentia Municipal Code.
"Used for residential purposes" means any lot or parcel of property or any portion of which is being lawfully used as a residential dwelling. "Vehicle" means as defined in the Vehicle Code of the state of California, and shall not include any human -powered device.
"Vend" or "vending" means the sale or offering for sale of any goods or merchandise to the public from a vehicle.
"Vendor" means any person who engages in the act of or owns a business involving vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.

13.50.030 Vending on private property prohibited —Exemption.

It is unlawful for any person to engage in vending from a vehicle on private property unless: (1) the person is providing meals from vehicles for those living or working on such private property, and provided the period of such vending does not exceed thirty minutes; or (2) the vending is occurring at a community special event for which a community events permit has been issued pursuant to the requirements of Section 23.81.015 (Special Events) of the Placentia Municipal Code.

13.50.035 This Chapter shall not apply to sidewalk vending which is subject to regulation contained in Title 8 (Health & Safety) Chapter 8.10 (Sidewalk Vending)

13.50.040 Regulations for vending from vehicles.

It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all Ordinance O-2023-04

applicable provisions of this code and in compliance with each of the following requirements:

A. Permit/License Requirements

1. Each operator of such mobile food truck shall possess and at all times display in conspicuous view upon each such vehicle a city business license issued, pursuant to Section 6.04.030 of the Placentia Municipal Code.

2. Each operator of such mobile food truck shall possess and at all times display in conspicuous view upon each such vehicle an unexpired and unrevoked vendor's permit pursuant to Chapter 13.50 of the Placentia Municipal Code.

3. Each operator of a mobile food truck shall possess a California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code.

4. Each mobile food truck operator causing the sale of or offering for sale any produce or other food item for which a food handler's permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle and shall also display the letter grade issued by the department of public health of the county of Orange. Mobile food truck operations shall comply with the California Retail Food Code (Health and Safety Code).

B. Vehicle/Equipment Restrictions/Requirements

1. Such vending shall be only by means of a vehicle duly registered and licensed by the state of California with an unladen weight of less than five thousand pounds.

2. No mobile food truck shall be equipped with amplified sound making devices that is used to draw attention to, or announce the presence of, such vehicle upon any public street. Nonamplified sound making devices shall be permitted for such purposes provided: (1) such sounds shall not be made while the vehicle is stopped, parking or otherwise in a stationary position; and (2) such sounds shall not be audible to a person with normal hearing for a distance of more than two hundred feet.

C. Health & Safety Requirements

1. All foods, beverages, utensils, and equipment offered for sale or utilized on vending vehicles shall at all times be protected from contamination and Ordinance O-2023-04

pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet infection, overhead leakage, insecticides, rodenticide, cleaning compounds, and other poisonous or deleterious substances, and all other forms of contamination.

2. Any mobile food truck operator or vendor using scales or any other weighing or measuring devices shall have all such scales and devices inspected and sealed by the weights and measures division of Orange County.

D. Location, Hours of Operation, Time Limits & Frequency

1. Mobile food trucks shall not be allowed within residential zones or parks.

2. No mobile food truck shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.

3. No mobile food truck shall be located within two hundred feet of another mobile food vendor.

4. Vending from mobile food trucks shall be limited to only public streets, where the authorized speed limit is less than thirty-five miles per hour, and shall not be permitted upon any alley, parkway, sidewalk or other public property unless the vending is occurring at a community special event for which the food truck is under the umbrella of a community special events permit issued pursuant to the requirements of Chapter 23.81.015.

5. Vending is prohibited on public streets in any location without an unobstructed view of 200 feet in each direction.

6. No vending from a mobile food truck shall be permitted within sixty feet of any intersection of two or more public streets nor within five hundred feet of any public or private elementary, junior high or high school unless the vending is occurring at a community special event for which a community special events permit has been issued pursuant to the requirements of Chapter 23.81.015.

7. No vending from such vehicle shall be permitted for a period of time in excess of thirty minutes in any one location and said vehicle must be moved a distance of not less than one hundred feet between consecutive stops at which vending occurs unless the vending is occurring at a community special event for which a community special events permit has been issued pursuant to the requirements of Chapter 23.81.015.

8. Each ice cream truck which sells ice cream primarily to children and their parents shall be equipped with a sign mounted to the rear of the vehicle Ordinance O-2023-04

warning of the presence of children. Said sign shall be in letters in sharp contrast to the background and shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of fifty feet. The dimensions of the sign shall be eight -inches high by forty-eight inches (8" x 48") wide and shall state either, "Warning Children Present," or "Children Crossing." The ice cream truck shall be equipped with standard warning flashers.

9. Mobile food trucks must not occupy any accessible parking spaces or impede the required path of travel to any accessible parking spaces.

10. All mobile food trucks must be parked on asphalt, concrete, or other hard all- weather surface.

11. Mobile food trucks shall not require use of more than twenty-five (25) percent of existing parking spaces.

12. Frequency: Mobile food trucks shall be permitted, on each property, a maximum of no more than four (4) days per calendar week. Mobile food trucks may operate at different locations throughout the City.

13. Hours of operation. Mobile food trucks may operate at any time between the hours of 8:00 a.m. and 6:00 p.m. If the mobile food trucks are located on private property during the property owner's business hours, the mobile food truck may not occupy the required parking for the principal's use. If the mobile food truck is occupying required parking for the principal use, its operation must be during the principal use's nonpeak hours of operation.

14. Mobile food trucks shall not be parked on grass or dirt areas.

15. The maximum number of mobile food trucks per lot is limited as follows:

1. Maximum of two mobile food trucks on lots of one-half acre or less;

2. Maximum of three mobile food trucks on lots between one-half acre and one acre; and

3. Maximum of four food trucks on lots greater than one acre.

E. Operation Requirements

1. Each mobile food truck shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.

Ordinance O-2023-04

2. Each mobile food truck vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No operator of a mobile food truck shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.

3. No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

4. Open flame cooking shall be prohibited on mobile food trucks.

5. No sales or service of alcohol or marijuana shall be allowed by mobile food trucks.

6. The owner or operator of a mobile food truck shall not connect the mobile food truck to a source of electricity, water, or sewer where the mobile food truck is operated.

7. No minor under the age of sixteen shall ride in or upon a mobile food truck when such vehicle is engaged in or about to be engaged in vending. The mobile food truck vendor or their designee must be present at all times while operating, except in cases of an emergency.

8. Mobile food trucks are prohibited from selling to individuals traveling within motor vehicles on a public street.

13.50.050 Application for vendor's permit —Contents —Required fee.

Any person desiring to obtain a vendor's permit to engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle, pursuant to this section shall make application to the Director of Community Development or his/her designee. 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 required to be renewed annually and a separate nonrefundable application fee paid yearly for such renewal application as established by resolution of the city council. Each applicant for a vendor's permit shall furnish the following information and documentation as part of or in conjunction with such application:

Ordinance O-2023-04

A. The present or proposed address from which the business is to be conducted and an address where the applicant consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Business & Professions Code Section 17538.5.

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.

D. The present residence address and telephone number of the applicant.

E. California driver's license number of the applicant.

F. Acceptable written proof that the applicant is at least eighteen years of age.

G. The applicant's height, weight, color of eyes and hair, and date of birth.

H. A description of the goods or merchandise which the business will vend and a schedule of the applicant's proposed hours of operation, area/locations of operation.

I. The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle, along with a photograph of the vehicle(s).

J. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles.

K. The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/or vendors and the respective capacities in which they will be employed, including the California driver's license number of all persons who will be employed or engaged as drivers of vehicles in conjunction with such business.

L. The business, occupation, or employment history of the applicant from the three-year period immediately preceding the date of the application.

M. The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.

N. All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant, including ordinance violations, and traffic offenses.

Ordinance O-2023-04

O. Such other identification and/or information as the Director of Community Development may require in order to discover the truth of the matters required to be set forth in the application.

P. Evidence of Commercial General Liability Insurance and an acknowledgement that the vendor will maintain this insurance throughout the duration of any vendor permit issued under this Chapter. Such General Liability Insurance shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Vendor agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal for each required coverage.

Q. An agreement by the vendor to defend, indemnity, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding.

R. When any change occurs regarding the written information required by Chapter 13.50, prior to issuance of a permit, the applicant shall give written notification of such change to the Director of Community Development or his/her designee within two weeks after such change.

13.50.060 Investigation of applications.

The city Director of Community Development or his/her designee shall refer all applications for vendor's permits made pursuant to this chapter to the police department for investigation and recommendation. The police department shall have a reasonable period of time within which to investigate the application and background of the applicant for a vendor's permit. The police department shall, within thirty days after the date of the filing of the application, render a written recommendation to the city business license department as to approval or denial of the application for the permit based upon the criteria set forth in Section 13.50.040 and 13.50.050.

13.50.070 Issuance of permit.

Ordinance O-2023-04

The Director of Community Development or his/her designee within ten days after receiving the aforementioned recommendation of the police department shall grant the vendor's permit only if it finds that all of the following requirements have been met:

A. The required fees have been paid.

B. The application conforms in all respects to the provisions of this chapter.

C. The applicant has not made a material misrepresentation of fact in the application.

D. The applicant has not had a similar permit denied or revoked by the city within a period of one year prior to the date of such application.

E. The applicant if an individual; or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle or a natural person employed or contracted with to be a driver or vendor has not been convicted or pleaded nolo contendere or guilty within five years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug - related misdemeanor or felony crime, including, but not limited to: the sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; or in the case of applications for a vendor's permit by a person who will be a driver of a vehicle pursuant to this section, alcohol or drug -related traffic offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the above -listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

13.50.080 Denial of permit.

If the Director of Community Development or his/her designee does not find that all of the requirements set forth in Sections 13.50.050, 13.50.060 and 13.50.070, as applicable have been met, the Director of community development or his or her designee, shall deny the application for the vendor's permit. In the event the application for the permit is denied by the Director of Community Development, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been occurred on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.

Any applicant whose application for a vendor's permit has been denied by the Director of Community Development may appeal such denial to the hearing officer by Ordinance O-2023-04

filing a written notice of appeal within ten days following the date of service of the decision.

The letter/notice shall be accompanied by a processing fee as established by city council resolution. The date of filing of said notice of appeal shall be the date said notice is received by the city clerk.

No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a period of one year following such final denial.

13.50.090 Revocation of permit.

Any vendor's permit may be revoked by the Director of Community Development or his/her designee for good cause shown including but not necessarily limited to any of the following reasons:

A. Falsification of any information supplied by the permittee upon which issuance of the permit was based.

B. Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this section.

C. Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law, county health department regulation or municipal ordinance while in the course of conducting vending operation from a vehicle pursuant to the permit.

D. Conviction of a violation, or pleas of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this section.

E. No such revocation shall become effective until expiration of the appeal period specified in Section 13.50.100. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Services shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the hearing officer by filing a written notice of appeal with the Director of Community Development within ten days following the date of service of such decision.

The date of filing of said notice of appeal shall be the date said notice is received by the Director of Community Development. If a timely appeal is filed, the revocation shall be stayed pending the decision of the hearing officer. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.

F. No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

13.50.100 Appeals.

Ordinance O-2023-04

Upon receipt of a timely appeal pursuant to Sections 13.50.080 and 13.50.090, the hearing officer, or his/her designated representative, shall hear such appeal within twenty days following the date of such appeal and shall give the appellant not less than five days' advance notice of the date of such hearing. The decision of the hearing officer shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the hearing officer by mailed, written notice. The decision of the hearing officer shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the hearing officer's decision.

13.50.110 Exemptions.

The requirements of this chapter shall not apply to:

A. Any person delivering any goods or merchandise by vehicle where such goods or merchandise has been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise is being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.

B. Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose.

C. A contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.

13.50.120 Impounding unlawfully parked vehicles.

All police officers and parking control officers are authorized and empowered to remove or cause to be removed all vehicles parked, caused to be parked, or left parked upon any street or public parking lot or area contrary to the provisions of this chapter, or illegally parked, and to store the vehicle, and the owner or operator of the vehicle shall be liable for any reasonable towing and storage charges.

8.50.130 Impoundment and seizure of goods —Procedure.

A. Upon the citation or arrest of any person for violation of Section 13.50.030 or

13.50.040, the city may seize and impound all perishables and nonperishable goods in the possession of such person.

B. Following citation or arrest for violation of Section 13.50.030 or 13.50.040, any unlicensed person or vendor shall sign a declaration which shall declare, under Ordinance O-2023-04

penalty of perjury, the name and contact information of the rightful owner of the seized goods.

C. The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty-four hours. Such rightful owner, as set forth in the declaration described in subsection B of this section, must present valid identification to the Director of Community Services or his/her designee before the city will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the city's Director of Community Services or his/her designee, and shall sign the declaration described in subsection B of this section declaring him or herself to be the rightful owner of the same. In such case, the city shall provide said person or vendor the opportunity to either:

1. Contact, with one phone call, which one phone call shall be in addition to any other phone calls permitted by law to an arrestee, another individual to pick up the seized perishable goods, provided that the goods must be picked up within twenty-four hours; or

2. Sign a release allowing the city to immediately discard or donate such seized perishable goods.

D. Prior to releasing, disposing, or donating any perishable goods seized pursuant to this section, the city shall inspect and take photographs and any necessary samples of such goods to maintain as evidence.

E. The owner of any goods impounded or seized may request an impoundment hearing before a hearing officer appointed by the Development Services Director or designee. If perishable food items are seized, the enforcement officer may dispose of the perishable items immediately. By the end of the next business day following impoundment, the owner of the cart will be contacted at the telephone number given to the enforcement officer at the time of the citation or arrest, and the non-perishable items will be released to the owner upon proper proof of ownership, presentation of a business tax certificate, and the payment of all towing and administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the city ninety days after the city calls the owner to retrieve the impounded items, and the city may destroy or otherwise dispose of the impounded items pursuant to law.

F. Nothing contained in this section shall limit the ability of the city to cite the rightful owner of such seized perishable goods of this chapter.

G. The Director of Community Services, or designee, may adopt reasonable rules and regulations, not inconsistent with this chapter, in order to implement this chapter.

Ordinance O-2023-04

SECTION 4. Environmental Compliance: Pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a "project" and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061 (b)(3).

SECTION 5. Severability: If any section, paragraph, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The Mayor and City Council of the City of Placentia hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on , 2023.

PASSED, APPROVED AND ADOPTED this day of , 2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the day of 20 and adopted at a regular meeting of the City Council of the City of Placentia, held on the day of , 201 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Ordinance O-2023-04

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
Ordinance O-2023-04

TO:

VIA:

FROM:

DATE:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / ADMINISTRATION
NOVEMBER 21, 2023
SUBJECT: STUDY SESSION: REVIEW PROPOSED UPDATES TO THE COMMITTEE

COMMISSION AND ADVISORY BOARD MANUAL
FISCAL
IMPACT: NONE
SUMMARY:

Based on the approved Five -Year Strategic Plan adopted by the City Council on May 10, 2022, the goals and objectives included Goal 8: to Improve City Governance by updating the Administrative Policy Manual for Ad Hoc Committees. Per this direction, the City retained the services of Kelly Associates Management Group to assist with updating the Committee Commission and Advisory Board Manual to reflect Council's direction for improved communications as well as better defined roles and responsibilities for board and commission members. The Committee Commission and Advisory Board Manual was initially adopted by the City Council in 1982 and has subsequently received six amendments, with the latest adoption occurring in 2009. This item seeks Council approval of proposed updates to the Committee Commission and Advisory Board Manual.

RECOMMENDATION:

It is recommended that the City Council take the following action:

1. Receive and file the Staff Report and Presentation; and

2. Ask any questions of Staff; and

3. Review, discuss and make any recommendations for updates to the Committee Commission and Advisory Board Manual; and

4. Direct Staff to return to the City Council to formally adopt a Resolution updating the Committee Commission and Advisory Board Manual.

3.a.

Nov 21, 2023

City Council Agenda
November 21, 2023

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to:

Improve City Governance, as Objective Number 8.4 to update the Administrative Policy Manual for Ad -Hoc Committees. This agenda item will specifically result in updating the Committee Commission and Advisory Board Manual in line with best practices for public involvement under state and local laws.

DISCUSSION:

Based upon the approved Five -Year Strategic Plan adopted by the City Council on May 10, 2022, the goals and objectives included Goal 8: to Improve City Governance by updating the Administrative Policy Manual for Ad -Hoc Committees. Per this direction, the City retained the services of Kelly and Associates to assist with the updating the manual to reflect Council's direction for improved communications as well as better defined roles and responsibilities for board and commission members.

The proposed changes to the Committee Commission and Advisory Board Manual include:
• Significant editing, re -formatting, and re -organizing • Updated active Commission, Committees and Ad -Hoc Committees and their roles and responsibilities
• Removal of disbanded Commission, Committees and Ad -Hoc Committees • Policy discussion and feedback regarding certain Ad -Hoc Committees Annual reviews will be conducted by City Staff should the need arise to make Council amendments as necessary.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

Prepared by:

Jeannette ( %ega
Deputy Director of Administrative Services
Reviewed and approved:

Damien R. Arrula
City Administrator
Reviewed and approved:

Rosanna Ramirez
Deputy City Adminis rator

City Council Agenda
November 21, 2023

Attachments:

1. Draft Resolution No. R-202X-XX —

2. Committee Commission and Advisory Board Manual

3. Presentation

RESOLUTION NO. R-202X-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA, ADOPTING THE

UPDATED COMMITTEE COMMISSION AND ADVISORY

BOARD MANUAL
A. Recitals.
(i). Local government works best when community members and government make decisions collaboratively. Robust public engagement is essential to sustaining this partnership.
(ii). The City of Placentia depends on many boards, commissions, and advisory committees to gather information, weigh public opinion, and examine issues in depth in order to render a sound recommendation to the Council. (ii). The City of Placentia has a variety of advisory bodies (boards, commissions and committees) that provide valuable guidance to the City Council on a wide variety of topics.
(iii). The City has updated its Committee Commission and Advisory Board Manual for the establishment and dissolution of advisory bodies, including updating its existing list of advisory bodies.
(iv). Citywide guidelines advance meaningful public involvement, provide consistency and clarity on the role of advisory bodies, and give community members greater confidence in the value of their service. (v). The City Council of the City of Placentia previously adopted Ordinance No. O-2009-0, which authorizes the approval of adopting resolutions for policies, rules and regulations pertaining to advisory bodies. (vi). The updated Committee Commission and Advisory Board Manual is applicable to all advisory bodies established by the City Council.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

1. In all respects as set forth in the Recitals, Part A., of this Resolution.

2. This legislative body declares that the City has taken affirmative steps to update the Committee Commission and Advisory Board Manual in line with best RESOLUTION R-202X-XX ATTACHMENT 1
PAGE 1 OF 2

practices for public involvement under state and local laws and hereby adopts the updated Committee Commission and Advisory Board Manual attached as Exhibit A.

3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, ADOPTED AND APPROVED this st day of 202X.

Ward L. Smith, Mayor
Attest:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the st day of 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Robert S. McKinnell, City Clerk
Approved as to Form:

Christian L. Bettenhausen, City Attorney
RESOLUTION R-202X-XX ATTACHMENT 1
PAGE 2 OF 2

MISSION STATEMENT
The City Council is committed to keeping Placentia a pleasant place by providing a safe family atmosphere, superior public services and policies that promote the highest standards of community life.

VISION STATEMENT
The City of Placentia will maintain an open, honest,
responsive and innovative government that delivers quality services in a fair and equitable manner while optimizing available resources.

CITY FACTS
Incorporated in 1926, Placentia has grown to over 51,000 residents. Operating as a Charter City since 1965, the City is governed by a five -member City Council which is elected by the people from five districts for four-year terms. The City Council establishes policies, makes laws and ordinances, and generally carries out the powers given to them in the Charter. The City Council appoints a City Administrator that functions as a Chief Executive Officer for the City of Placentia.

Placentia's size is 6.6 square miles
Compiled by the Office of the City Clerk
of the
City of Placentia

ADOPTED BY THE CITY COUNCIL
6/1982

REVISIONS

10/97, 11/2000, 5/2005, 5/2007, 9/2008, 7/2009, 11/2023

TABLE OF CONTENTS
Page
I. Introduction 1
I I . The Structure of Government 2
III. Membership 4
IV. Officers and Staff 5
V. Meetings, Agendas, Minutes and Procedure 7
VI. Imposed Restraints 11
VII. Relationships to City Council/City Staff/Other
Commissions, Boards and Committees 14
VIII. Conclusion 16
APPENDIX: PLACENTIA COMMISSIONS, COMMITTEES, AD -HOC COMMITTEES DUTIES, MEETING DATES, AND TIMES:

Blue Ribbon Committee for Senior/Community Center
Citywide Fiber Optic And Smart City Committee
Civic Center Joint Use Committee
Finance and Investment Committee
Financial Audit Oversight Committee
Heritage Festival Committee
Historical Committee
Historical Preservation Committee
Housing, Community and Economic Development Committee
Measure U Committee
Old Town Placentia Parking Committee
Parks Arts and Recreation Commission
Placentia Community Foundation
Placentia Disaster Council
Planning Commission
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 Public Financing Authority of the Placentia EIFD 31
Senior Advisory Committee 32
Sewer, Utility, Recycling and Refuse Committee 33
Streetscape and Transportation Advisory Commission 34
Veterans Advisory Committee 35
List of Disbanded Committees/Commissions 36

I. INTRODUCTION
This Committee Commission and Advisory Board Manual has been prepared in order to provide initial orientation for new members of advisory bodies to the City Council. The obligations of these positions are great, and it is hoped that this Manual will ease the assumption of these responsibilities.

For convenience and brevity, all references to commissions hereafter include all advisory bodies, whether officially designated as a board, commission, committee or Ad -Hoc committee. In all instances, appointment to such a body, regardless of its formal designation, is both an honor and a heavy responsibility. Not only does it signify the confidence of the City Council in the member's wisdom and judgment, but places upon the member the attendant duties of regular attendance at meetings and consistent working and voting towards an implementation of the general public interest. Such a change is, at times, not easily borne and necessary decisions not easily made.

Notwithstanding the self-discipline required in public service, each advisory body member may take considerable pride in being an integral part of the process which contributes to the sound government of this City, and for this service the City Council is most appreciative. Both the challenges and rewards before you are great. The following pages of this Manual are an introduction to the circumstances within which an appointed commissioner must meet these challenges.

As stated in the Code of Ethics and Conduct Policy adopted by the City Council on November 15, 2023, the citizens served by the City of Placentia are entitled to elected City Council Members, appointed officials, City employees, and members of commissions, boards and committees who are fair, ethical, and accountable. Such Council Members and related parties are required to pledge to this Code and shall constantly seek to reflect the following qualities:
• They comply with both the letter and the spirit of the laws and policies affecting operations of the City of Placentia;
• They are independent, impartial, and fair in their judgment and actions; • They use their public office for the public good, not for personal gain; and • They conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect, civility and transparency.

II. THE STRUCTURE OF GOVERNMENT
A. FORM OF GOVERNMENT
Generally, there are two sources of power by which California cities govern themselves.

One of these is to adopt, through the election process, a Charter or Constitution which sets forth the basis and authority for all future actions not in contradiction with pre- emptive State law. The other of these is to adhere to the provisions and requirements established as general law by the State for cities. Placentia falls within the first category and is classified as a Charter City. The Placentia Charter was adopted by the voters in 1965. Copies of the Placentia Charter are available from the City Clerk's Office on the City's website.

The citizens have chosen a Council -Manager form of government. Under this form of government, the City Council develops a long-range vision for the City's future and establishes policies that affect the overall operation of the community. To ensure that these policies are carried out and that the community is equitably served, the City Council appoints a nonpartisan City Administrator to run the organization.

B. CITY COUNCIL
There are five elected members of the City Council. They are elected to serve four-year overlapping terms. The City Council elects the Mayor and Mayor Pro Tem to serve one- year terms. The Mayor is the presiding officer of the Council.

The City Council is the governing body of the City. It is vested with broad powers in areas of legislative policy, budgetary adoption and establishment of service levels. The City Council, elected a- argcfrom five districts established by Ordinance, represents the entire community, and serves as the Placentia City Council, Placentia City Council as Successor to the Placentia Redevelopment Agency, Placentia Industrial Commercial Development Authority and Placentia Public Financing Authority.

It is not possible for each Councilmember to know all pertinent factors of every given situation or to devote sufficient time to gather them. For counsel and advice on the practical application of established policy, reliance is placed on the service of interested citizens appointed to the various commissions. For technical and administrative assistance, both the Council and the commissions refer to a paid City staff and the City Attorney.

C. COMMISSIONS, BOARDS AND COMMITTEES
There are two types of advisory bodies. One is established by the City Charter or by ordinance and is of a permanent nature. The duties, responsibilities, and scope of authority are as set forth in the enabling document. The other is created by a resolution or minute order of the Council to serve a particular function and may be established for a specified time.

In both instances the primary purpose of these bodies is to gather information, weigh public opinion, and examine issues in depth in order to render a recommendation to the Council. From time to time, it is possible for such body to take independent action.

These situations, however, are subject to prescriptions of the City Charter, Municipal Code, or State law and limited to specific actions set forth therein.

An Ad -Hoc Committee may be created for a limited duration to address or help resolve an issue, develop ideas and make recommendations to the City Council. The Ad -Hoc Committee is a temporary group of people who are brought together to perform a specific task. When an Ad -Hoc Committee is created, its members are assigned specific roles and responsibilities. The members should provide a diverse set of perspectives when gathering information, researching the information and making a clear and sound recommendation to the City Council. Once the Ad -Hoc Committee provides a final report to the City Council, the Ad Committee is dissolved.

A brief description of commissions, boards and committees, and their primary functions, are contained in the appendix. Additional information is available from the City Clerk's Office.

D. OFFICERS, DEPARTMENTS, AND STAFF
City Administrator: Responsibility and authority for the administration of the City's government rests with the City Administrator. He/she is appointed by, and serves at the pleasure of the Council. He/she appoints department heads and employees necessary to assist them in the conduct of their duties.

City Attorney: In addition to the City Administrator, the City Council appoints the City Attorney. The City Attorney is retained to advise the Council on questions of law in those matters coming before them and to represent the City in other actions to which it is a party or as otherwise may be requested.

City Clerk: The position of the City Clerk is an elected office established by the City Charter. The City Clerk attends all meetings of the City Council, unless excused, and records and maintains a full and true record of all proceedings of the City Council. The Clerk maintains ordinance and resolution books, is the custodian of the seal of the City, administers oaths or affirmations, takes affidavits and depositions pertaining to the affairs and business of the City, and certifies copies of official records.

City Treasurer: The position of City Treasurer is an elected office established by the City Charter. The City Treasurer is the custodian of all public funds belonging to or under the control of the City.

Departments: The administrative branch of Placentia's government consists of functions and activities within the following departments: Administration, Finance, Public Works/Engineering, Police, Fire and Life Safety, Community Services, and Development Services.

Department Directors, under the direction of the City Administrator, are responsible for the efficient and effective operation of the functions assigned to them. By virtue of their technical training and experience, they are assigned to provide staff assistance as needed to the advisory bodies. Advisory bodies have no authority to supervise or direct the work of a department. This is done only through the City Administrator.

III. MEMBERSHIP
A. APPOINTMENTS

1. To Commissions
After application and interview, commission appointments are made by a majority vote of the Council for a specified term. Memberships and terms are set by Ordinance or Resolution and is usually four years.

Each member must be administered the oath of office by the City Clerk, City Attorney, Commission secretary, or a member of the commission. Each commission member is required to complete a Statement of Economic Interest form, AB1234 Ethics Training, payroll forms required by Personne Human Resources, attend the mandatory annual orientation and training and adhere to the Code of Ethics and Conduct adopted by the City Council on November 15,_202

2. To Boards, Committees and Ad -Homo Committees
Appointment to boards and committees varies based on Council established guidelines.

Requirements for each board and committee varies dependent upon responsibilities and duties.

B. RESIGNATIONS AND REMOVALS
In the event a member is unable to continue serving because of health, business requirements or personal reasons, a formal letter of resignation should be submitted to the City Council by way of the City Clerk's office or the respective Department.

The position of any member is automatically vacated under the following circumstances:

1. A member ceases to meet the qualifications for office.

2. A member's resignation is accepted by the City Council.

3. A majority of the City Council removes the member from a commission, board or committee.

4. A member is absent from three consecutive meetings of the commission, board or committee except when excused for illness or being out of the City.

C. VACANCIES
Commission and Advisory Board vacancies are filled by appointment of the City Council. Appointments made during a term shall be for the unexpired portion of the term of the vacant position.

IV. OFFICERS AND STAFF
A. OFFICERS
In July of each year, each commission, board and committee will elect from among its membership a chairperson and a vice -chairperson. The term is for one year. It is the duty of the chairperson to preside over meetings and to act as the formal representative to the Council. The vice -chairperson assumes chairperson responsibilities in the absence of the chairperson.

C. STAFF AND SECRETARIAL SERVICES AND RECORDS
A staff liaison or secretary may be assigned by the City Administrator to provide assistance to the commission, board or committee, if appropriation for this is made by the City Council. The minutes and other official records of a commission are public records and must be filed with the City Clerk.

D. EXPENSES
Necessary meeting space and equipment will be made available to the commission, board or committee. Additional work areas may be arranged through the commission secretary or other assigned City Staff, when special projects so require. If a budget is provided, the commission, board or committee is required to operate within budgetary limitations, with all expenditures requiring prior approval and documentation.

E. TRAVEL & MEETING ALLOWANCES - COMMISSIONERS
Attendance by commissioners at pertinent meetings, seminars or conferences is subject to prior City Council approval. The chairperson, vice -chairperson, and one additional commissioner are permitted to attend conferences. For the third attendee, the commissioner with the highest seniority has the first opportunity to attend a conference; and the commissioner with the second highest seniority may attend the second conference; and so on until all commissioners have attended a conference. The process then starts over again with the person with the highest seniority. In the event any of the three members should be unable to attend a conference, another commissioner shall be afforded the opportunity, again based on seniority. (City Policy No. 344)

Notwithstanding the above, a commissioner must have attended 75% of the regular commission meetings during the six months prior to the conference in order to attend.

Conferences are limited to those held within the State of California. Travel expenses are provided per City policy on the same basis as provided for management staff subject to budget approval.

V. MEETINGS, AGENDAS, MINUTES AND PROCEDURE
A. REGULAR MEETINGS
Commissions, boards and committees should establish meetings as required for the purpose of the body. Meetings shall be open to the public. All such meetings are generally held in City Hall, but may be adjourned from time to time to meet elsewhere within the City for specific purposes.

Agendas and minutes shall be prepared, posted and maintained in accordance with all laws and policies of the State of California and the City.

B. ADJOURNED MEETINGS
If for any reason, the business to be considered at a regular meeting cannot be completed, the commission, board or committee then may designate a time and date for an adjourned meeting. Any matter to have been considered at the regular meeting may be processed at an adjourned meeting. But in order to so adjourn, it is necessary that this be announced to the public present at the time of adjournment and so recorded in the minutes. A notice of an adjourned meeting shall be prepared and posted as required by law.

C. SPECIAL MEETINGS
A special meeting may be called by the chairperson or a majority of the members. Care must always be taken when this is done so that adequate advance notice is given.

Such notice requires that all interested parties be notified and a notice be posted at least 24 hours in advance of the special meeting. Interested parties include the City Council, the City Clerk, all members of the commission, board or committee and those news media who have filed a written request. The notice must contain the time and place for such a meeting and the specific subject matter(s) to be considered.

Introduction of other items at a special meeting is prohibited.

D. SUBCOMMITTEES
The chairperson may appoint special subcommittees of less than a quorum of the commission who then may meet at the convenience of the subcommittee members to carry out the purpose of the subcommittee. Subcommittees may meet without public

notice or input. However, any recommendation of a subcommittee shall be presented for discussion and vote at a public meeting of the commission, board or committee.

E. QUORUM
A quorum consists of a majority of the members of any one body. A quorum is required for the conduct of business at any meeting whether it is a regular, adjourned or special meeting. Members are expected to be present at all meetings, however, should a member know in advance that attendance would be impossible, the member should notify the commission secretary or chairperson as soon as possible.

In the event a majority of the commissioners scheduled to meet will not be present to a ow-orestablish a quorum, the City Administrator's office, City Councilmembers and representatives of the news media who have filed written requests for same should be notified by telephone or e-mail. A notice should be posted indicating the meeting cancellation or adjournment due to a lack of a quorum. The date and time of the adjourned meeting should be included on the posted notice.

F. AGENDAS
Each commission, board or committee has an assigned staff liaison serving as secretary. The secretary is responsible for the preparation and distribution of an agenda and supporting documents prior to each meeting. Agendas must be posted 72 hours before a regular meeting.

Materials for an agenda are submitted to the secretary no later than five (5) days prior to the meeting. Agendas, with supporting documents, are available for pick up by members at least three (3) days prior to the actual day of the meeting. Supporting documents include, but are not limited to, reports, memoranda, maps, photographs and correspondence.

Commission, board and committee members, the Council and the news media should be kept well informed of all matters to be discussed at a public meeting. While it is recognized that there may be exceptions to the rule, the persons responsible for preparing an agenda should make every effort to see that items to be discussed are carried on the agenda. Only those items appearing on the agenda should be considered at each meeting. However, on two-thirds vote of those members present or unanimous vote if less than two-thirds of the members are present, may allow other items to be introduced and action taken, if urgency exists and delay would be harmful to the public interest.

G. MINUTES
Minutes are taken of all commission, board and committee meetings, transcribed and usually mailed out or e -mailed with the next agenda to the members, Councilmembers, and representatives of the news media who file written requests for same.

The approved minutes are the vehicle through which the commission, board or committee as a whole or its individual members express their interest or opinion. The minutes are submitted to the City Council and placed on file with the City Clerk for public access. While other avenues exist for communication of interest or opinion, the meeting minutes remain the official document of record.

H. PROCEDURE
Robert's Rules of Order
Each commission, board or committee may adopt such rules and procedures as it feels necessary to accomplish its duties. Such rules are subject to City Council approval before becoming effective. In the absence of such rules, the guidelines on parliamentary procedure contained in Robert's Rules of Order Newly Revised (RRONR) will be followed (RRONR). The New y Revised (RRONR)RRONR -provides a useful set of rules of conduct of meetings. The goal of the rules is to permit each member of the body an opportunity to be heard and to provide an orderly process for decision -making.

A brief description of the parliamentary process used by RRONR follows.

A MOTION is a proposal that the body take a certain action or "go on the record" as having taken a certain stand on an issue. Motions need to be concise and should be stated positively (e.g., "I move to deny..." rather than "I move to not approve..."). The motion needn't contain its rationale. Sometimes makers of motions give their reasons for the proposal as if it were part of the motion. The integration of debate into the motion tends to confuse the proceedings.

Once a motion is made, it must be SECONDED. If it is not seconded, it dies without any debate. If seconded, the motion may be DEBATED, unless there is no debate or it is a type of motion, which is not subject to debate. Finally, following debate (if any), the motion is subjected to a VOTE.

A motion must be in ORDER for the body to entertain it. That means that the motion must relate to the business at hand and be presented at the appropriate time. In addition, the practice of "friendly amendments," which are offered to the maker of the motion, and which, if accepted by the maker and the seconded, effectively amend the motion without the formality of a separate motion.

The most important element in the RRONR may be that everyone know and understand the rules in advance. After all, rules of procedure are intended to facilitate, not complicate, the transaction of business.

VI. IMPOSED RESTRAINTS
Certain limitations have been placed upon the powers of the City Council and its appointed commissions, boards and committees by statutory and case law. In certain instances, application of these restraints may be crucial in the government process. In instances of doubt, the opinion of the City Attorney should be sought.

A. CONFLICT OF INTEREST - COMMISSIONERS
Generally, it is unlawful for a commission member to have an interest in any City contract, sale, purchase, finding or transaction in which the member is involved in a business or personal capacity. Conflict of interest may disqualify the commission member and may result in additional penalties. Any specific concerns should be directed to the Office of the City Attorney.

B. PUBLIC RECORDS LAWS
The Government Code of the State of California provides that all official records of the City are generally open to inspection to any interested ci-izen person at reasonable times. Exceptions to this law are only limited to those records specified in the California Public Records Act relating to private matters including litigation, personnel, and other topics where legal action in which the City is a party or personnel matters, and the disclosure of such records would not be in the public interest. All minutes and supporting documents are public records and must be available for public review wi th he commission, board or commi tcc secretary o -he Ciy C crk's O--icc.

C. SECRECY - THE BROWN ACT
The Ralph M. Brown Act is the law which provides that any Ci-y board"legislative body", whether City Council, commission or official committee thereof, shall hold any meeting at which action is taken other than at a duly called and regularly held meeting, notice of which is provided by either resolution or ordinance or by adjournment of a prior meeting.

A "meeting" takes place whenever a quorum is present and official business is considered or conducteddiscussed.

Caution should be exercised, if it happens that a quorum of members gathers at a public or private place, so that such will not be interpreted as a meeting. Official business of the commission should not be discussed. The provisions of this actBrown Act does not arc no- cons -rued -o apply to obvious social gatherings where no commi men- official discussion or action is made relative to the affairs of the City.

D. DISCRIMINATION AND EQUAL PROTECTION
All rules, regulations, laws, services and facilities must apply equally to all persons and favor shall not be given to any segment of the community. Similarly, all laws and

ordinances of the City must afford equal protection to all facets of the community, unless the purpose of a City action requires special classification of the community.

E. DUE PROCESS
All governmental procedures and processes must allow any affected party a right to be heard, and an opportunity to offer testimony on the question at issue in the matter involved. Unfair determinations based on bias, or refusal to permit an opportunity to be heard, etc. may invalidate actions.

F. REASONABLENESS
Every action of municipal government must be reasonable; or, otherwise stated, not capricious, extreme, arbitrary or abusive. Simply stated, actions must be -i and appropria -e to -he end in view'ustified by a rational basis.

G. USE OF PUBLIC PROPERTY
Public property, equipment and facilities may not be used for private or personal purposes. Facilities, equipment and supplies provided by the City are to be used for official functions only.

H. TICKET DISTRIBUTION POLICY
In December 2008, the Fair Political Practices Commission ("FPPC") amended Section 18944.1 of the California Code of Regulations relating to tickets or passes to events distributed to, or at the behest of, public officials.

The City of Placentia City Council at the March 3, 2009 meeting approved Resolution No. R-2009-19, adopting a ticket distribution policy to conform with California Code of Regulations, Section 18944.1, as amended by the FPPC. A full copy of the City of Placentia's Ticket Distribution Policy is included with this Manual as Exhibit A.

I. CODE OF ETHICS AND CONDUCT
In November 2022 the City Council adopted the Code of Ethics and Conduct which states that the City of Placentia will operate and do business with the highest level of integrity, professional and personal responsibility. The purpose of the code is to encourage high standards of behavior by public elected and appointed officials to assist with decision -making and to increase public confidence in the institutions and officials that serve them.

J. AB1234 ETHICS TRAINING
State law requires local agency officials — including many commissioners, committee members and board members — to receive at least two hours of training in general

ethics principles and ethics laws relevant to their public service every two years (AB1234). Additional trainings may be required on a periodic basis.

VII. RELATIONSHIPS WITH COUNCIL, CITY

STAFF AND OTHERS
A. COUNCIL RELATIONS
Commission, board or committee members should avoid discussing the recommendations of the body with individual Councilmembers once a vote is taken when such is for the purpose of exerting influence. Written communications from the commission, board or committee to the City Council in sufficient time to be placed on the agenda are is the acccptab e preferred method for making recommendations to the Council.

The final authority and responsibility for public policy decisions rests with the City Council. The Council has appointed commissioners, board and committee members as advisors to them. This underlying philosophy makes it improper for an individual member of an advisory board to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority. The role of an advisory board is to assist the Council in the formation of policy because the board is, having been created only for the specific purpose of advising, being a guide to public opinion, and promoting specific projects in the community at large.

The Council has adopted a Code of Ethics and Conduct Policy on November 15, 2022, which states that "in keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, committee, or commission or proceeding of the City, nor shall members of boards, commission or commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the subject matter jurisdiction of their bodies."
B. STAFF RELATIONS
Staff personnel are assigned by the City Administrator to assist and act in a technical capacity to commissions, boards or committees. It is not expected that every staff recommendation will be followed; however, because of staffs technical knowledge, full consideration should be given to their recommendations. Just as any advisory board is held accountable to the City Council, so is staff to the City Administrator.

After staff makes a report or recommendation to a commission, board or committee (which recommendation may or may not be followed), they are at liberty to make the same recommendation to the City Council through the City Administrator, even though the advisory board may have taken a different position. Staff has been employed by the City Administrator to provide technical guidance. Staff members are obligated to make objective recommendations.

Failure of a staff member to provide expected or promised service to an advisory board is a basis for complaint to be brought to the attention of the City Administrator. Since staff personnel are directly responsible to the City Administrator, it is his/her responsibility alone to allocate their time and efforts in the best interest of the total City government, to investigate staff, and take appropriate personnel action when necessary.

C. RELATIONS WITH OTHER COMMISSIONS, BOARDS, AND COMMITTEES In the areas where there is overlap of jurisdiction between various bodies, it is important that liaison be deve opedcoordination occur to ensure proper consideration of different viewpoints that may occur, and to minimize duplications or conflicts. Further, joint meetings with the City Council and other commissions, boards and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topics.

III. CONCLUSION
There is no desire on the part of the City Council or City staff to control any commission, board or committee member's independent thought or judgment. Appointments are made to these bodies by the Council based on judgment that those persons appointed have the knowledge, ability and interest and that their contributions will be of valuable assistance. All suggestions and ideas are most welcome, whether presented as an individual citizen, a member or a majority vote of an advisory board. However, membership on a commission, board or committee limits to a degree the freedom of advocacy before the City Council or other bodies on those issues that are to be considered by the member's commission, board or committee. The corporate collective recommendation of the commission, board or committee to the City Council may include the positions of all members.

A commission, board or committee is created as an advisory arm of the Council as the result of a policy decision. Each has been charged with certain responsibilities in specified areas and it is within these that the body should act. It may be that a member or minority of members of an advisory board may disagree with an established policy.

This is part of the democratic process. In spite of conflicting viewpoints, this is the accepted process for addressing the issues and forwarding the majority opinion to Council or to accomplish the tasks assigned.

The City is proud of its citizen participation and extends a hearty welcome and thanks to all commission, board and committee appointees.

APPENDIX

PLACENTIA COMMISSIONS, BOARDS & COMMITTEES

DUTIES, MEETING DATES, AND TIMES

BLUE RIBBON COMMITTEE SENIOR/COMMUNITY CENTER

MEMBERSHIP
The Senior/Community Center Blue Ribbon Committee consists of nine (9) regular members who serve until removed or resign. All members are appointed by the City Council and serve at the discretion of the Council. The Committee is to be comprised of eleven (11) members: one (1) appointed from within each of the five (5) city Council districts; one (1) from the Parks, Arts, and Recreation Commission; one (1) from the Senior Advisory Committee and two (2) City Council members, and two (2) Members - At -Large.

MEETINGS
Regular meetings of the Senior/Community Center Blue Ribbon Committee are held at 6:30 p.m. on the third Wednesday of each month.

POWERS AND DUTIES
• Serves in an advisory capacity to the City Council on identifying the community needs for the proposed Senior/Community Center.
• Serves in an advisory capacity to the City Council on identifying the recommended design components for the proposed construction of a Senior/Community Center. • Solicit input from the community on the proposed Senior/Community Center. • Considers matters related to the needs and design of the proposed Senior/Community Center submitted by the City Council, staff or public and recommends courses of action where appropriate.

STAFF LIAISON
Director of Community Services and/or designated staff member(s)

CITYWIDE FIBER OPTIC AND SMART CITIES COMMITTEE

MEMBERSHIP
The Citywide Fiber Optic and Smart Cities Committee consists of two (2) regular members of the City Council and the City Administrator, Deputy City Administrator, IT Manager, and IT Specialist.

MEETINGS
Regular meetings of the Citywide Fiber Optic and Smart Cities Committee meets as needed.

POWERS AND DUTIES
• Review the Citywide Fiber Optic System and discuss matters with service providers. • Reviews Smart Cities systems and meets with vendors to review their products. • Serves in an advisory capacity to City Council on matters related to citywide fiber optic and smart cities systems and applications.

STAFF LIAISON
Deputy City Administrator

CIVIC CENTER JOINT USE COMMITTEE

MEMBERSHIP
The Civic Center Joint Use Committee consists of five (5) members, two (2) of which are appointed by the Board of Trustees of the Library District and three (3) of which are appointed by the City Council. The term of office is for four (4) years.

MEETINGS
Meetings of the Civic Center Joint Use Committee are held quarterly.

POWERS AND DUTIES
• The Civic Center Joint Use Committee serves as an Advisory Board to the City Council and the Library Board of Trustees on matters relating to the Civic Center.

STAFF LIAISON
City Administrator and Deputy City Administrator and/or designated staff member(s).

FINANCE AND INVESTMENTCOMMITTEE

MEMBERSHIP
The Finance and Investment Committee consists of five (5) members, the Mayor, Mayor Pro Tem, City Treasurer, City Administrator and Finance Director.

MEETINGS
Regular meetings of the Finance and Investment Committee are held at 5:30 p.m. quarterly on the fourth Thursday of the month in City Hall.

POWERS AND DUTIES
• Reviews the City's Investment Policy annually, review quarterly investment performance, and to consult with the City Treasurer regarding current investments and future investment opportunities.
• Assist in the development of five-year capital budgets and revenue projections. • Review the annual budget and make recommendations to the City Council. • Studies all fiscal issues and recommends possible improvements and economies. • Issue reports to the City Council on the City's investment and financial conditions.

STAFF LIAISON
Finance Department staff member(s)

FINANCIAL AUDIT OVERSIGHT COMMITTEE

MEMBERSHIP
The Financial Audit Oversight Committee consists of five (5) members who serve for a period of three (3) years. Members are chosen from residents (18 years or over) of the City (residency requirement can be waived by City Council) who have knowledge of accounting/financial principles and it is desirable that they have experience in government accounting. All members are appointed by the City Council and serve at the discretion of the Council.

MEETINGS
Regular meetings of the Financial Oversight Committee are held at 7:00 p.m. quarterly the second Monday in City Hall.

POWERS AND DUTIES
• Serves in an advisory capacity to the City Council and City Administrator with their primary role being to provide an internal audit function. • Assist with the development and issuance of a Request for Proposals from qualified audit firms to perform an internal review of selected financial activities and internal control procedures; to interview qualified proposers; to negotiate cost; and to report to the City Council with a recommendation for audit firm selection. • Return to the City Council with recommendations for administrative policies and procedures.

STAFF LIAISON
Director of Finance and/or designated staff member(s)

HERITAGE FESTIVAL COMMITTEE

MEMBERSHIP
The Heritage Committee, consisting of nine members to be known as the Executive Board, has been established by the City Council, and shall have as its responsibility and purpose the planning and execution of the City's annual Heritage Celebration and related Heritage activities within the Community. The Committee may enlist the help and support of a variety of other volunteers to assist in carrying out its purpose. A Community Services Department staff member will attend Committee meetings as the City Liaison. The City Council shall approve the parade route, theme, budget, and addition or removal of an Executive Board member.

APPOINTMENTS AND VACANCIES
The nine members of the Heritage Committee Executive Board shall be appointed by the Mayor of Placentia, with consensus of the Placentia City Council. The nine member Executive Board shall consist of a majority of Placentia residents at all times (i.e. five or more members must be Placentia residents). Additional volunteers interested in assisting with sub — committee work must be added to the sub — committees by majority vote of the Executive Board.

CHAIRPERSON
In January of each year, the Committee shall select a Chairperson from the Executive Board members, by majority vote. The Chairperson shall be a resident of Placentia or have been a member of the Executive Board for a minimum of three years. The chairperson's responsibilities are top reside over meetings and to act as the formal Committee representative to the City Council.

OFFICERS
In addition to the office of Chairperson, each January the officers of 1St Vice Chairperson, 2nd Vice Chairperson, Treasurer, and Secretary, shall be selected from among the Executive Board by majority vote.

MEETINGS
The Committee shall hold a public monthly meeting at least once per month in a City facility. Meetings shall be posted and conducted in accordance with the California Ralph M. Brown Act. The attendance of a majority of the Committee's Executive Board.

HISTORICAL COMMITTEE

MEMBERSHIP
The Historical Committee consists of ten (10) regular members who are appointed by the City Council. Committee members typically are familiar with historic preservation principles and practices and have gained knowledge of Placentia history from either long-term residence and/or study and research.

MEETINGS
The Committee meets regularly at 6:00 p.m. on the fourth Tuesday of every month.

Special meetings may be scheduled as needed.

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to historical structures and/or sites located in Placentia.
• Nominates buildings, sites or districts within the City for designation as local landmarks per Policy No. 703.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

HISTORIC PRESERVATION COMMITTEE

MEMBERSHIP
The Historical Preservation Committee consists of two (2) regular members of the City Council and staff members in the Development Services Department. Committee members typically are familiar with historic preservation principles, land use, and have gained knowledge of Placentia history.

MEETINGS
The Historic Preservation Committee meets as needed

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to historical preservation in Placentia.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT

COMMITTEE

MEMBERSHIP
The Housing, Community and Economic Development Committee consists of two (2) regular members of the City Council and the City Administrator, Director of Development Services, Planning Manager and the Economic Development Senior Management Analyst.

MEETINGS
The Housing, Community and Economic Development Committee meets as needed.

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to significant housing developments, land use regulations and building standards. • Members review issues related to the City's general plans and zoning, housing, land use regulations, development, building standards and economic development policy.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

MEASURE U COMMITTEE

MEMBERSHIP
The Measure U Committee consists of five (5) members consisting of two (2) residents, City Treasurer, City Administrator and Finance Director.

MEETINGS
Regular meetings of the Measure U Committee are held at 5:30 p.m. quarterly on the fourth Thursday of the month in City Hall.

POWERS AND DUTIES
• Reviews the City's Measure U revenues and expenditures. • Studies all fiscal issues related to Measure U funding. • Issue reports to the City Council on the City's Measure U conditions.

STAFF LIAISON
Director of Finance Department

OLD TOWN PLACENTIA PARKING

COMMITTEE

MEMBERSHIP
The Old Town Placentia Parking Committee consists of two (2) regular members of the City Council and the City Administrator, Director of Development Services, Transportation Manager and the Economic Development Management Analyst.

MEETINGS
The Old Town Placentia Parking Committee meets as needed.

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to parking in Old Town Placentia.
• Initiates parking studies and impacts as needed in Old Town and presents findings and recommendations to the Placentia City Council.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

PARKS ARTS AND RECREATION COMMISSION

MEMBERSHIP
The Recreation and Parks Commission consists of five (5) regular members serving a term of office for four (4) years each. All members are appointed by the City Council.

MEETINGS
Regular meetings of the Recreation and Parks Commission are held at 6:30 p.m. on the second Tuesday of each month in City Hall.

POWERS AND DUTIES
• Acts in an advisory capacity to the City Council and the City Administrator on all policy matters pertaining to all parks presently established by the City Council and all future parks to be established by the City Council and on all recreational programs, cultural arts programs, health/wellness programs and special events for the community.
• Assists in the development of plans for seasonal and year-round recreation, arts, special events, and health and wellness activities and programs. • Establishes rules and regulations, subject to the approval of the City Council, for the use of City parks and recreation facilities.
• Adopts a master plan for the development of each City park, subject to the approval of the City Council and reviews subsequent precise plans for conformance to the master plan.

STAFF LIAISON
Director of Community Services and/or designated staff member(s).

PLACENTIA COMMUNITY FOUNDATION

MEMBERSHIP
The Placentia Community Foundation consists of five (5) regular members. All members are appointed by the City Council and serve at the discretion of the City Council.

MEETINGS
Regular meetings of the Placentia Community Foundation are held at 8:30 a.m. on the fourth Monday of every month.

POWERS AND DUTIES
• The Placentia Community Foundation is a 501(c)(3) California non-profit public benefit corporation formed in 2009.
• The Foundation's mission is to support local non-profit organizations with grant opportunities.
• The Placentia Community Foundation is designed to assist and sponsor programs in the city of Placentia that further civic pride and enhance the community's cultural, recreational, social and historical interests. • The financial need to support community programs expands annually. As organizational budgets constrict; the efforts of many are often needed to continue the variety of programs and activities that build civic pride and community spirit.

STAFF LIAISON
Deputy Director of Community Services.

PLACENTIA DISASTER COUNCIL

MEMBERSHIP
The Placentia Disaster Council consists of five (5) regular members who serve a term of office for four (4) years. All members are appointed by the City Council and serve at the discretion of the Council.

MEETINGS
Regular meetings of the Placentia Disaster Council are held as needed at Placentia City Hall.

POWERS AND DUTIES
• Title 11- Emergency Organization of the City of Placentia Municipal Code creates the Placentia Disaster Council (PDC) and designates the Mayor to serve as the Chair of the Disaster Council.
•
•
Assist with updating the City's Emergency Operations Plan, Hazardous Mitigation Plan
Assist with disaster related table -top exercises and other work plan items associated with emergency management.

STAFF LIAISON
Emergency and Health Services Manager.

PLANNING COMMISSION

MEMBERSHIP
The Planning Commission consists of seven (7) members (per City Charter) appointed by the City Council. The term of office is for four (4) years.

MEETINGS
Regular meetings of the Planning Commission are held at 6:30 p.m. on the second Tuesday of each month in the City Council Chambers.

POWERS AND DUTIES
• After a public hearing thereon, recommends to the City Council the adoption, amendment or repeal of the General Plan, or any part thereof, for the physical development of the City.
• Exercises such control over land subdivisions as is granted to it by the City Council and by the laws of the State of California.
• Makes recommendations concerning proposed public works and for the clearance and rebuilding of blighted or substandard areas within the City. • Exercises such functions with respect to zoning as may be prescribed by ordinance not inconsistent with the City Charter.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

PUBLIC FINANCING AUTHORITY OF THE PLACENTIA ENHANCED

INFRASTRUCTURE FINANCING DISTRICT

MEMBERSHIP
The Public Financing Authority of the Placentia Enhanced Infrastructure Financing District consists of five (5) regular members consisting of two (2) members of the City Council, one (1) member of the County Board of Supervisors, and two (2) members of the community.

MEETINGS
Regular meetings of the Placentia Enhanced Infrastructure Financing District Public Financing Authority are held as needed.

POWERS AND DUTIES
• The Placentia Enhanced Infrastructure Financing District ("Placentia EIFD") was formed as a partnership between the City of Placentia and the County of Orange. • The Placentia EIFD was established as a means to fund critical infrastructure of communitywide and regional significance with a focus on the Old Town Placentia Revitalization Plan area, by providing a means to capture property tax increment revenue ("T1") generated by new development within the district. • The City and County formed the Public Financing Authority of the Placentia Enhanced Infrastructure Financing District ("PFA') to act as the governing body of the Placentia EIFD in accordance with EIFD statutes.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

SENIOR ADVISORY COMMITTEE

MEMBERSHIP
The Senior Advisory Committee consists of seven (7) members. The members will be appointed by the City Council with two (2) members being representatives from the Placentia Senior Center and five (5) at -large seniors. All members shall be 55 years of age or older.

MEETINGS
The Senior Advisory Committee meets quarterly on the third Wednesday of the month at 6:15 p.m. at City Hall.

POWERS AND DUTIES
• Act as liaison for all seniors in the City and advise on ways to enrich and enhance the health and quality of life of seniors in the community. • Solicit input and act as a public forum for issues that affect seniors in the City. • Provide advice based on input received to improve the programs, policies, and services provided to seniors. Identify barriers to access by seniors to City services and programs. Form partnerships in the community to educate, inform, and improve the quality of life for seniors.
• Assist with volunteer recruitment.
• Assist with the marketing of the Senior Center services, programs, and events.

STAFF LIAISON
Director of Community Services and/or designated staff member(s).

SEWER, UTILITY, RECYCLING AND REFUSE COMMITTEE

MEMBERSHIP
The Sewer, Utility, Recycling and Refuse Committee consists of consists of two (2) regular members of the City Council and the City Administrator, Deputy City Administrator, Senior Management Analyst in Public Works and the Environmental Services Coordinator.

MEETINGS
Regular meetings of the Sewer, Utility, Recycling and Refuse Committee are held as needed.

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to utilities, sewer, recycling and refuse matters.
• Reviews proposed rate adjustments, participate in ongoing negotiations and rates studies related to the various utility service providers.

STAFF LIAISON
Deputy City Administrator and/or designated staff members(s).

STREETSCAPE AND TRANSPORTATION ADVISORY COMMISSION

MEMBERSHIP
The Streetscape and Transportation Advisory Commission consists of five (5) regular members who serve a term of office for four (4) years. All members are appointed by the City Council and serve at the discretion of the Council.

MEETINGS
Regular meetings of the Streetscape and Transportation Advisory Commission are held at 6:00 p.m. on the third Monday of every other month (odd months).

POWERS AND DUTIES
• Traffic safety issues, active transportation programs and projects; transportation management including neighborhood traffic and parking management programs, review and consideration of permit parking districts and speed hump installation requests and the overall regulation of vehicle, bicycle, and pedestrian traffic withing the City as described in Title 13 of the Placentia Municipal Code. • The Commission shall review recommendations regarding appeals of tree removal requests made by individual property owners, neighborhood associations, or developers denied by City Staff.
• The Commission may make recommendations on designated tree species for specific streets and neighborhoods and shall be incorporated by reference into a future street tree master plan.

STAFF LIAISON
City Engineer/Traffic Engineer and/or designated staff member(s).

VETERANS ADVISORY COMMITTEE

MEMBERSHIP
The Veterans Advisory Committee consists of nine (9) regular members who serve until removed or resign. All members are appointed by the City Council and serve at the discretion of the Council.

MEETINGS
Regular meetings of the Veterans Advisory Committee are held at 4:00 p.m. on the first Monday of each between April and November.

COMPENSATION
None

POWERS AND DUTIES
• Serves in an advisory capacity to the City Council on veterans' affairs matters within the community.
• Considers veterans' matters submitted by the City Council, staff or public and recommends courses of action where appropriate.
• Matters considered by the committee's scope include all activities within the purview of the City Council relating to the Veterans Day Program and activities. • Committee members are to familiarize themselves with veterans' activities through attendance at local/state/federal veterans' organizations. • Committee members need not be veterans to serve on this committee.

STAFF LIAISON
Police Chief and/or designated staff member(s).

LIST OF DISBANDED COMMITTEES/COMMISSIONS

ADVISORY COMMITTEE ON THE DISABLED

CIVIC CENTER AUTHORITY

CULTURAL ARTS COMMISSION
Ordinance No. O-2019-11 to disband

ECONOMIC DEVELOPMENT COMMITTEE
Resolution No. R-2019-48 to disband

RECREATION AND PARKS COMMISSION
Ordinance No. O-2019-11 to disband

TRAFFIC SAFETY COMMISSION
Ordinance No. O-2019-11 to disband

OVERSIGHT BOARD TO SUCCESSOR AGENCY
Consolidated to Countywide Oversight Board

TRI CITY PARK AUTHORITY
Resolution No. 2016-51 to disband

CITIZENS FISCAL SUSTAINABILITY TASK FORCE

GENERAL PLAN STEERING COMMITTEE

PUBLIC SAFETY FACILITY AD HOCAD-HOG COMMITTEE

RECREATIONAL VEHICLE PARKING AD HOCAD-HO( COMMITTEE

YORBA LINDA WATER/GOLDEN STATE WATER DISTRICT

Study Session:

Committee Commission
& Advisory Board
Manual
November 21, 2023

Background
• City Council's Five -Year Strategic Plan requested to update the Administrative Policy for the Ad -Hoc Committee • City retained the services of Kelly Associates Management Grou
p
• The Committee Commission Handbook and Manual was
initially adopted by the City Council in 1982 and has
received six amendments, with the latest adoption
occurring in 2009
• The City Council has added various Committees,
Commissions, Ad -Hoc Committees throughout the years
• The need for a comprehensive revisions/updating was
necessary

Table of Contents
I. Introduction
I I . The Structure of Government
I I I . Membership
IV. Officers and Staff
V. Meetings, Agendas, Minutes and Procedure
VI. Imposed Restraints
VII. Relationships to City Council/City Staff/Other Commissions, Boards and Committees
VIII.Conclusion
APPENDIX: Placentia Commissions, Committees, Ad -Hoc
Committees Duties, Meeting Dates, and Times

Ad -Hoc Committee
MIR . ..

Definition
Under Section I I : The Structure of Government, defines Ad -Hoc Committees as follows:
• An Ad -Hoc Committee may be created for a limited duration to address or help resolve an issue, develop ideas and make recommendations to the City Council. The Ad -Hoc Committee is a temporary group of people who are brought together to perform a specific task. When an Ad -Hoc Committee is created, its members are assigned specific roles and responsibilities. The members should provide a diverse set of perspectives when gathering information, researching the information and making a clear and sound recommendation to the City Council. Once the Ad -Hoc Committee provides a final report to the City Council, the Ad Committee is dissolved.

Updated List of Commissions, Boards,
Committees & Ad -Hoc Committees
Blue Ribbon Committee for Senior/Community Center 16
Citywide Fiber Optic And Smart City Ad -Hoc Committee 17 Civic Center Joint Use Committee
Finance and Investment Committee
Financial Audit Oversight Committee
Heritage Festival Committee
Historical Committee
18 19
20 21
22 Historical Preservation Ad -Hoc Committee 23
Housing, Community & Economic Development Ad -Hoc Committee24 Measure U Ad -Hoc Committee 25
Old Town Placentia Parking Ad -Hoc Committee 2
Parks Arts and Recreation Commission
6 27
Placentia Community Foundation
28 Placentia Disaster Counci
Planning Commission
Public Financing Authority of the Placentia EIFD
Senior Advisory Committee
Sewer, Utility, Recycling and Refuse Committee
Streetscape and Transportation Advisory Commission 34
Veterans Advisory Committee 35
List of Disbanded Committees/Commissions 36
29 30
31 32
33 Blue Ribbon Committee

MEMBERSHIP
The Senior/Community Center Blue Ribbon Committee consists of nine (9) regular members who serve until removed or resign. All members are appointed by the City Council and serve at the discretion of the Council. The Committee is to be comprised of eleven (11) members: one (1) appointed from within each of the five (5) city Council districts; one (1) from the Parks, Arts, and Recreation Commission; one (1) from the Senior Advisory Committee and two (2) City Council members, and two (2) Members -At -Large.

MEETINGS
Regular meetings of the Senior/Community Center Blue Ribbon Committee are held at 6:30 p.m. on the third Wednesday of each month.

POWERS AND DUTIES
• Serves in an advisory capacity to the City Council on identifying the community needs for the proposed Senior/Community Center.
• Serves in an advisory capacity to the City Council on identifying the recommended design components for the proposed construction of a Senior/Community Center. • Solicit input from the community on the proposed Senior/Community Center. • Considers matters related to the needs and design of the proposed Senior/Community Center submitted by the City Council, staff or public and recommends courses of action where appropriate.

STAFF LIAISON
Director of Community Services and/or designated staff member(s)

Citywide Fiber Optic & Smart Cities
Ad -Hoc Committee

MEMBERSHIP
The Citywide Fiber Optic and Smart Cities Ad -Hoc Committee consists of two (2) regular members of the City Council and the City Administrator, Deputy City Administrator, IT Manager, and IT Specialist.

MEETINGS
Regular meetings of the Citywide Fiber Optic and Smart Cities Ad -Hoc Committee meets as needed.

POWERS AND DUTIES
• Review the Citywide Fiber Optic System and discuss matters with service providers. • Reviews Smart Cities systems and meets with vendors to review their products. • Serves in an advisory capacity to City Council on matters related to citywide fiber optic and smart cities systems and applications.

STAFF LIAISON
Deputy City Administrator
*****

PLACE NTIA

Civic Center Joint Use Committee

MEMBERSHIP
The Civic Center Joint Use Committee consists of five (5) members, two (2) of which are appointed by the Board of Trustees of the Library District and three (3) of which are appointed by the City Council. The term of office is for four (4) years.

MEETINGS
Meetings of the Civic Center Joint Use Committee are held quarterly.

POWERS AND DUTIES
The Civic Center Joint Use Committee serves as an Advisory Board to the City Council and the Library Board of Trustees on matters relating to the Civic Center.

STAFF LIAISON
City Administrator and Deputy City Administrator and/or designated staff member(s)

Historic Preservation
Ad -Hoc Committee

MEMBERSHIP
The Historical Preservation Committee consists of two (2) regular members of the City Council and staff members in the Development Services Department. Committee members typically are familiar with historic preservation principles, land use, and have gained knowledge of Placentia history.

MEETINGS
The Historic Preservation Ad -Hoc Committee meets as needed.

POWERS AND DUTIES
Serves in an advisory capacity to City Council on matters related to historical preservation in Placentia.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

..
dousing, community est
Economic Development
Ad -Hoc Committee

Survey
• Survey cities with development review processes (either by staff or other appointees):

Brea
Capitola
Hemet
La Verne
La Palma
R h C
anc o ucamonga
Monrovia
Arcadia
Orange
*****

PLACE NTIA

Housing, Community &
Economic Development
Ad -Hoc Committee

MEMBERSHIP
The Housing, Community and Economic Development Ad -Hoc Committee consists of two (2) regular members of the City Council, two (2) members of the Planning Commission and the City Administrator and Director of Development Services.

MEETINGS
The Housing, Community and Economic Development Ad -Hoc Committee meets as needed.

POWERS AND DUTIES
Serves in an advisory capacity to City Council on matters related to significant developments as it relates to land use regulations, urban design and building standards.

The Committee does not receive presentations or project submittals from private development entities and does not review economic/financial documents or proposals.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

Measure U
Ad -Hoc Committee

MEMBERSHIP
The Measure U Ad -Hoc Committee consists of five (5) members consisting of two (2) residents, City Treasurer, City Administrator and Finance Director.

MEETINGS
Regular meetings of the Measure U Ad -Hoc Committee are held at 5:30 p.m. quarterly on the fourth Thursday of the month in City Hall.

POWERS AND DUTIES
• Reviews the City's Measure U revenues and expenditures. • Studies all fiscal issues related to Measure U funding. • Issue reports to the City Council on the City's Measure U conditions.

STAFF LIAISON
Director of Finance Department

Old Town Placentia Parking
Ad -Hoc Committee

MEMBERSHIP
The Old Town Placentia Parking Ad -Hoc Committee consists of two (2) regular members of the City Council and the City Administrator, Director of Development Services, Transportation Manager and the Economic Development Management Analyst.

MEETINGS
The Old Town Placentia Parking Ad -Hoc Committee meets as needed.

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to parking in Old Town Placentia.
• Initiates parking studies and impacts as needed in Old Town and presents findings and recommendations to the Placentia City Council.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

Parks Arts and Recreation
Commission

MEMBERSHIP
The Recreation and Parks Commission consists of five (5) regular members serving a term of office for four (4) years each. All members are appointed by the City Council.

MEETINGS
Regular meetings of the Recreation and Parks Commission are held at 6:30 p.m. on the second Tuesday of each month in City Hall.

POWERS AND DUTIES
• Acts in an advisory capacity to the City Council and the City Administrator on all policy matters pertaining to all parks presently established by the City Council and all future parks to be established by the City Council and on all recreational programs, cultural arts programs, health/wellness programs and special events for the community. • Assists in the development of plans for seasonal and year-round recreation, arts, special events, and health and wellness activities and programs. • Establishes rules and regulations, subject to the approval of the City Council, for the use of City parks and recreation facilities.
• Adopts a master plan for the development of each City park, subject to the approval of the City Council and reviews subsequent precise plans for conformance to the master plan.

STAFF LIAISON
_ Director of Community Services and/or designated staff member(s).

Placentia Community Foundation

MEMBERSHIP
The Placentia Community Foundation consists of five (5) regular members. All members are appointed by the City Council and serve at the discretion of the City Council.

MEETINGS
Regular meetings of the Placentia Community Foundation are held at 8:30 a.m. on the fourth Monday of every month.

POWERS AND DUTIES
• The Placentia Community Foundation is a 501(c)(3) California non-profit public benefit corporation formed in 2009.
• The Foundation's mission is to support local non-profit organizations with grant opportunities. • The Placentia Community Foundation is designed to assist and sponsor programs in the city of Placentia that further civic pride and enhance the community's cultural, recreational, social and historical interests.
• The financial need to support community programs expands annually. As organizational budgets constrict; the efforts of many are often needed to continue the variety of programs and activities that build civic pride and community spirit.

STAFF LIAISON
irector of Community Services and/or designated staff member(s).

Placentia Disaster Council

MEMBERSHIP
The Placentia Disaster Council consists of five (5) regular members who serve a term of office for four (4) years. All members are appointed by the City Council and serve at the discretion of the Council.

MEETINGS
Regular meetings of the Placentia Disaster Council are held as needed at Placentia City Hall.

POWERS AND DUTIES
• Title 11- Emergency Organization of the City of Placentia Municipal Code creates the Placentia Disaster Council (PDC) and designates the Mayor to serve as the Chair of the Disaster Council.
• Assist with updating the City's Emergency Operations Plan, Hazardous Mitigation Plan
• Assist with disaster related table -top exercises and other work plan items associated with emergency management.

STAFF LIAISON
Emergency and Health Services Manager.
*****

PLACENTIA

Public Financing Authority
of the Placentia EIFD

MEMBERSHIP
The Public Financing Authority of the Placentia Enhanced Infrastructure Financing District consists of five (5) regular members consisting of two (2) members of the City Council, one (1) member of the County Board of Supervisors, and two (2) members of the community.

MEETINGS
Regular meetings of the Placentia Enhanced Infrastructure Financing District Public Financing Authority are held as needed.

POWERS AND DUTIES
• The Placentia Enhanced Infrastructure Financing District ("Placentia EIFD") was formed as a partnership between the City of Placentia and the County of Orange. • The Placentia EIFD was established as a means to fund critical infrastructure of communitywide and regional significance with a focus on the Old Town Placentia Revitalization Plan area, by providing a means to capture property tax increment revenue ("T1") generated by new development within the district.
• The City and County formed the Public Financing Authority of the Placentia Enhanced Infrastructure Financing District ("PFA') to act as the governing body of the Placentia EIFD in accordance with EIFD statutes.

STAFF LIAISON
Director of Development Services and/or designated staff member(s).

Sewer, Utility, Recycling & Refuse
Ad -Hoc Committee

MEMBERSHIP
The Sewer, Utility, Recycling and Refuse Committee consists of consists of two (2) regular members of the City Council and the City Administrator, Deputy City Administrator, Senior Management Analyst in Public Works and the Environmental Services Coordinator.

MEETINGS
Regular meetings of the Sewer, Utility, Recycling and Refuse Committee are held as needed.

POWERS AND DUTIES
• Serves in an advisory capacity to City Council on matters related to utilities sewer recycling and refuse matters.
• Reviews proposed rate adjustments, participate in ongoing negotiations and rates studies related to the various utility service providers.

STAFF LIAISON
Deputy City Administrator or designee.

Streetscape and Transportation
Advisory Commission

MEMBERSHIP
The Streetscape and Transportation Advisory Commission consists of five (5) regular members who serve a term of office for four (4) years. All members are appointed by the City Council and serve at the discretion of the Council.

MEETINGS
Regular meetings of the Streetscape and Transportation Advisory Commission are held at 6:00 p.m. on the third Monday of every other month (odd months).

POWERS AND DUTIES
•
•
•
Traffic safety issues, active transportation programs and projects; transportation management including neighborhood traffic and parking management programs, review and consideration of permit parking districts and speed hump installation requests and the overall regulation of vehicle, bicycle, and pedestrian traffic withing the City as described in Title 13 of the Placentia Municipal Code.

The Commission shall review recommendations regarding appeals of tree removal requests made by individual property owners, neighborhood associations, or developers denied by City Staff.

The Commission may make recommendations on designated tree species for specific streets and neighborhoods and shall be incorporated by reference into a future street tree master plan.

STAFF LIAISON
City Engineer/Traffic Engineer and/or designated staff member(s).

List of Disbanded
Committees/Commissions

1. Advisory Committee on the Disabled

2. Civic Center Authority

3. Cultural Arts Commission

4. Economic Development Committee

5. Recreation and Parks Commission

6. Traffic Safety Commission

7. Oversight Board to Successor Agency

8. Tri City Park Authority

9. Citizens Fiscal Sustainability Task Force

10. General Plan Steering Committee

11. Public Safety Facility Ad -Hoc Committee

12. Recreational Vehicle Parking Ad -Hoc Committee

13.Yorba Linda Water/Golden State Water District
*****

PLACENTIA

Legal Parameters
• When an Ad -Hoc Committee meets all of the
following, it should then become a permanent
ongoing committee subject to the Brown Act to
comply with GC 54952(b):

Continuing/ongoing subject matter jurisdiction
Fixed or ongoing meeting schedule
• An Ad -hoc Committee that functions like a
standing committee can be considered a Brown
Act violation.

Disagreements Between Staff
Recommendation & Advisory Body
Recommendations
• The following has been previously adopted by the City Council:

Staff personnel are assigned by the City Administrator to assist and act in a technical capacity to commissions, boards or committees. It is not expected that every staff recommendation will be followed; however, because of staff's technical knowledge, full consideration should be given to their recommendations. Just as any advisory board is held accountable to the City Council, so is staff to the City Administrator.

After staff makes a report or recommendation to a commission, board or committee (which recommendation may or may not be followed), they are at liberty to make the same recommendation to the City Council through the City Administrator, even though the advisory board may have taken a different position. Staff has been employed by the City Administrator to provide technical guidance. Staff members are obligated to make objective recommendations.

City Attorney's Office/
Staff Recommendation
• All existing Ad -Hoc Committees that have no set
duration should be made as a standing
Committee and formalized via Resolution; and
• All newly requested Committees, Commissions
and Ad -Hoc Committees should be brought
before the City Council via Resolution with
established guidelines; and
• Provide any additional policy guidance on the
Manual

Questions/Comments?