Agenda packet, first session — Palmdale City Council, May 4, 2022 (part 4 of 6)

The park renovation will include but not be limited to a new prefabricated restroom facility, storage building, new playground for 5-12 year-olds, a new challenge course, exercise stations and fitness zones, and a raised bandstand/stage. New plaza paving, concrete, decomposed granite paths, and a therapeutic and meditation garden will be provided, along with a new flagpole and security fencing. New park furnishings including a new group picnic shade pavilion will be provided. There will also be new picnic areas. In addition to all new irrigation, shade trees and new drought tolerant landscaping will be planted both in the park and in the existing parking lot. Existing trees will be protected and existing turf area will be reduced and replanted. A monument sign and trash enclosure will be provided. Security lighting and ADA Accessibility will be improved. The park will include a pet waste station and a drinking fountain.

The City of Palmdale selected Withers & Sandgren, Ltd. as the Landscape Architect for this project not only because they have a current on-call agreement with the City for ongoing landscape architecture design services but also because they prepared the preliminary design and assisted in preparing the grant application. For these reasons, Withers & Sandgren, Ltd. has been chosen as the most qualified consultant for this project. This choice to select Withers & Sandgren as the most qualified Landscape Architect for this project is preferred over the City’s typical public call for proposals and qualifications through an RFP/RFQ process where various qualifications are scored and compared against each other in an evaluation process.

The design scope of work for this project includes the professional services necessary to prepare environmental documentation and complete construction documents for the project, and can be categorized into five milestones, as outlined below:

1. Design Development – to be submitted for review by City of Palmdale, including a cost estimate

2. Meeting and presentations

3. Construction Documents – includes submittals at 75%, 90%, and 100% stage, including cost estimates and specifications

4. Bidding support and Construction Administration – includes reviewing submittals, answering RFI’s, final inspection and punch lists.

5. Additional Services
i. Soils Management Report
ii. Topographic Survey
iii. Geotechnical Evaluation

FISCAL IMPACT
The Melville J. Courson Park Revitalization project will be funded through Proposition 68 Statewide Park Development and Community Revitalization Program in Account No.

P0126242-724525. The fiscal impact and remaining account balance can be seen in the following table.

Report to Mayor and City Council
Re: Agreement No. A-7869
May 4, 2022

Page 3 ends

SCOPE OF WORK COST
PN 851 - Design and Construction Documents $365,000
PN 851 - Construction $3,200,000
Administration & Inspection $100,000
Labor and Compliance $40,000
Contingency $405,000
Testing $40,000
Total Cost: $4,150,000
Account Number Starting Balance Remaining Balance
P0126242-724525 $4,150,000 $0

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

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

Prepared by: Chuck Heffernan P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS
Agreement No. A-7869
AGREEMENT NO. A-7869

CONTRACT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALMDALE AND WITHERS & SANDGREN, LTD.

THIS CONTRACT FOR DESIGN PROFESSIONAL SERVICES (“Contract” herein) is made and entered into this 4th day of May, 2022 by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and WITHERS & SANDGREN, LTD. (hereinafter called “PROJECT DESIGNER”).

RECITALS
WHEREAS, City desires to engage PROJECT DESIGNER to perform certain technical and professional services, as provided herein, in connection with that certain project identified as PN 851 - Melville J. Courson Park Revitalization.

WHEREAS, PROJECT DESIGNER represents that PROJECT DESIGNER has the expertise and is qualified to perform the services described in this Contract and is duly registered under the laws of the State of California.

WHEREAS, PROJECT DESIGNER desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK

1.1 The City hereby engages PROJECT DESIGNER, and PROJECT DESIGNER accepts such engagement, to perform the following design professional services in a manner satisfactory to CITY:

The scope of work for this project includes the professional services necessary to prepare complete construction documents for the Melville J. Courson Revitalization project, and can be categorized into five milestones, as outlined below:

1. Design Development
1-14Concord - Document ID: generated after first signature 1-A: PROJECT DESIGNER will develop the preliminary design into a design development submittal for review with CITY. The final schematic design alternative developed from the community outreach process will be developed further into a complete design with materials discussed and selected, ADA issues discovered and resolved, playground and fitness equipment and surfacing selected and approved, shade structures, bandstand/stage, prefabricated restroom and storage building selected and approved, site furnishings including: drinking fountains, picnic tables, trash receptacles and enclosure and flagpole.
1-B. PROJECT DESIGNER will provide a cost estimate and will identify all associated costs with the various improvements.

Deliverables: Design Development Plans and Supporting Graphic Materials, Cost Estimate

2. Meeting and presentations
PROJECT DESIGNER will meet with CITY as needed to complete the design tasks.

3. Construction Documents
PROJECT DESIGNER will prepare construction documents for demolition, utility, grading, erosion control, foundation plan, calculations and footing details for five (5) structures, construction, electrical, planting and irrigation plans, construction details, cost estimates and specifications for the proposed and approved improvements to be submitted at the 75%, 90%, and 100% stage. Revisions to plans are included until approvals are received from CITY. Fully approved plans will be plotted on mylar.

Deliverables: Three (3) plan set submittals, including cost estimates and specifications.

4. Bidding support and Construction Administration
PROJECT DESIGNER will provide limited construction administration support on an hourly as needed basis not to exceed proposed fee, which includes reviewing submittals, answering RFI’s, final inspection and punch lists.

5. Additional Services
5-A: Soils Management Report
Two (2) samples will be gathered and tested to determine recommendations for amendments that will allow for better growth and fertility and suggestion for 2-14Concord - Document ID: generated after first signature remediation on less desirable characteristic if possible. The report will meet State Ordinance AB-1881 (WELO) and will evaluate the soil for plant water use efficiency and ground water runoff.
5-B: Topographic Survey
The topographic survey and mapping will include tree locations, walks, structures, fencing, parking lots, Avenue Q-12, and cross walk. PROJECT DESIGNER will research publicly available wet and dry utility records and plot existing utilities along property frontage on base map. Property lines and easements of record will be plotted on base map.
5-C: Geotechnical Evaluation
Geotechnical services will include the evaluation of the subsurface soil and geological conditions at the site and to provide geotechnical recommendations for the design and constructions of the proposed improvements.

1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.

1.3 PROJECT DESIGNER shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.

1.4 CITY shall provide to PROJECT DESIGNER, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 CITY PROJECT MANAGER
To provide the design professional services required by this Contract, PROJECT DESIGNER shall act under the authority and approval of a Project Manager appointed by the Director of Public Works/designee. The City Project Manager will oversee the work under this Contract, assist PROJECT DESIGNER with any necessary information, audit billings, and approve payments. PROJECT DESIGNER shall channel reports, deliverables and special requests through the City Project Manager.
3 PROJECT DESIGNER’S KEY PERSONNEL
PROJECT DESIGNER’s Team and Key Personnel are as follows:

Lacey Withers, President
Associate Landscape Architect
Senior CAD Draftsperson
3-14Concord - Document ID: generated after first signature Draftsperson
Clerical
This Design Professional Services Contract has been awarded to PROJECT DESIGNER based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed above. PROJECT DESIGNER shall not deviate nor substitute any of these team members without prior written approval by CITY.
4 COMMENCEMENT AND COMPLETION OF WORK
The execution of this Contract by the parties does not constitute an authorization to proceed. The services of PROJECT DESIGNER shall commence when CITY, acting by and through its Project Manager, has issued an Authorization to Proceed.

PROJECT DESIGNER shall complete all the work described in Section 1 and submit final deliverables within Seven Hundred Thirty (730) CALENDAR days following PROJECT DESIGNER’s receipt of Authorization to Proceed. PROJECT DESIGNER shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
5 TAXES

5.1 PROJECT DESIGNER shall pay all sales, consumer, use, and other similar taxes required to be paid by PROJECT DESIGNER in accordance with state and local laws.

5.2 PROJECT DESIGNER is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by PROJECT DESIGNER or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.

5.3 PROJECT DESIGNER shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 PATENT FEES AND ROYALTIES
PROJECT DESIGNER shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. PROJECT DESIGNER shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising 4-14Concord - Document ID: generated after first signature out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE

7.1 PROJECT DESIGNER shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. PROJECT DESIGNER shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY-furnished information.

7.2 PROJECT DESIGNER shall be familiar with CITY’s Standard Details and Specifications and other relevant CITY regulations. PROJECT DESIGNER shall ensure there are no conflicts among the Contract Documents including, but not limited to, the CITY’s Standard Specifications and Special Provisions for Construction Contracts, the plans and specifications prepared by PROJECT DESIGNER, any standard details or specifications incorporated therein by reference, and the Construction Contract.
8 PROJECT DESIGNER’S PERSONNEL

8.1 All services required under this Contract shall be performed by PROJECT DESIGNER, or under PROJECT DESIGNER’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.

8.2 PROJECT DESIGNER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.

8.3 PROJECT DESIGNER shall be responsible for payment of all PROJECT DESIGNER’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

8.4 PROJECT DESIGNER shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from PROJECT DESIGNER’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.

8.5 PROJECT DESIGNER shall pay, if required by applicable law, not less than the general prevailing hourly wage rates, as determined by the Director of the 5-14Concord - Document ID: generated after first signature Department of Industrial Relations pursuant to the California Labor Code, for each craft, classification, or type of worker needed to perform the Contract. Copies of the prevailing rate of per diem wages are on file in the office of the Director of Public Works.
9 COMPENSATION

9.1 For all of work and services including the various phases of tasks as described in Section 1, Scope of Services, CITY shall pay to PROJECT DESIGNER an amount not to exceed the sum of Three Hundred Sixty Five Thousand dollars ($365000), as follows:

Preliminary Design...............................................................................$65,000 Design Development..........................................................................$225,000 Construction Documents & Specifications
50% Construction Documents..........................................................$50,000 75% Construction Documents..........................................................$50,000 90% Construction Documents..........................................................$75,000 100% Construction Documents........................................................$50,000 Bidding Development and Process.........................................................$5,000 Construction Administration...................................................................$15,000 Total Professional Services Fee...........................................................$310,000 Project Reimbursables shall not exceed: plans, scans, color graphics.....$3,000 Geotechnical Report............................................................................$25,000 Topographic Survey.............................................................................$25,000 Water Managerment Report..................................................................$2,000 TOTAL ALL SERVICES.........................................................................$365,000 PROJECT DESIGNER shall perform no work in excess of the total contract price without prior approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear before City Council or any other board or commission of CITY.

9.2 An application and certification for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting hours being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project; any/all backup documentation supporting the above items. Work schedule updates must also be included in the monthly progress payment requests.
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9.3 PROJECT DESIGNER shall maintain adequate records and shall permit inspection and audit by CITY of PROJECT DESIGNER’s charges under this Contract. PROJECT DESIGNER shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by PROJECT DESIGNER for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event PROJECT DESIGNER shall retain its records for the time required by such laws.

9.4 No payment made hereunder by CITY to PROJECT DESIGNER, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by PROJECT DESIGNER of its obligations under this Contract.
10 INDEMNIFICATION
PROJECT DESIGNER agrees to indemnify, defend and hold harmless CITY, and its respective officers, agents and employees, from and against all claims, losses, obligations, or liabilities which arise out of, pertain to, or relate to PROJECT DESIGNER’S negligence, recklessness, or willful misconduct under this Contract. 11 INSURANCE

11.1 PROJECT DESIGNER, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California. Proof of Insurance, as identified in Section 11.8, must be reviewed, and accepted by the City Attorney.

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

11.1.2 Professional Liability (Errors & Omissions) Insurance*  $1,000,000 limit on a per occurrence basis

11.1.3 Commercial General Liability
 $1,000,000.00 limit on per occurrence basis
 $2,000,000.00 general aggregate limit

11.1.4 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

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11.2 All of PROJECT DESIGNER’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.

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

A. An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The Certificate and endorsements shall state that: “The City of Palmdale, City of Palmdale in its capacity as the Successor Agency to the CRA, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” clause.

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

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

11.6 Any policy or policies of insurance that PROJECT DESIGNER elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

11.7 All insurance coverages must be maintained throughout the duration of this Contract.

11.8 Acceptable Proof of Insurance:

11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage. 8-14Concord - Document ID: generated after first signature

11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.

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

11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time PROJECT DESIGNER fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
12 TERMINATION WITHOUT CAUSE
City reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, PROJECT DESIGNER shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work.

PROJECT DESIGNER shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the PROJECT DESIGNER shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract. 13 TERMINATION FOR CAUSE

13.1 If the City determines that the PROJECT DESIGNER has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the City shall give written notice to the PROJECT DESIGNER specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty days, the PROJECT DESIGNER has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.

13.2 In the event the City terminates this Contract in whole or in part as provided herein above, the City may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.

13.3 If this Contract is terminated as provided above, the City may require the PROJECT DESIGNER to provide all finished or unfinished documents, data, studies, 9-14Concord - Document ID: generated after first signature software, drawings, maps, photographs, reports, etc., prepared by the PROJECT DESIGNER. Upon such termination, the PROJECT DESIGNER shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another PROJECT DESIGNER to complete the services. In the event no new PROJECT DESIGNER is employed, the PROJECT DESIGNER shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents when such are delivered to CITY, and to authorized reimbursement expenses.

The above is in addition to any other remedies available by law or equity to the City.

13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that the PROJECT DESIGNER was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12.
14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and PROJECT DESIGNER arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, tracings, drawings, plans, specifications, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to be, and remain the property of, CITY. PROJECT DESIGNER shall furnish CITY, upon its request, originals or reproducible or electronic copies of technical specifications and of all other documents listed above. PROJECT DESIGNER shall endorse, by his professional seal, all plans and data furnished by him. 16 RE-USE OF DOCUMENTS
The parties agree the documents, drawings, specifications, and designs, although the property of CITY, are prepared for a specific project and are not intended nor represented by PROJECT DESIGNER to be suitable for re-use for any other project.

Any reuse without written verification or adaptation by PROJECT DESIGNER for the specific purpose intended will be at CITY’s sole risk and without liability or legal exposure to PROJECT DESIGNER.
17 SUBCONTRACTING, DELEGATION AND ASSIGNMENT
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17.1 PROJECT DESIGNER shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to PROJECT DESIGNER from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved.

Any proposed agreement with an assignee, delegee or subcontractor shall include the following:

A. The amount involved, together with PROJECT DESIGNER’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY.

C. The requirement to hire only those persons authorized by federal law to work in the United States.

17.2 Any assignment, delegation or subcontract shall be made in the name of PROJECT DESIGNER and shall not bind or purport to bind CITY and shall not release PROJECT DESIGNER from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to PROJECT DESIGNER under this Contract.
18 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

18.1 In performance of this Contract, PROJECT DESIGNER shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. PROJECT DESIGNER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, national origin, handicap, or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

18.2 The provisions of subsection 18.1 above shall be included in all solicitations or advertisements placed by or on behalf of PROJECT DESIGNER for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of PROJECT DESIGNER and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- 11-14Concord - Document ID: generated after first signature discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office.
19 FINANCIAL INTEREST CERTIFICATION

19.1 PROJECT DESIGNER warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in PROJECT DESIGNER’s firm.

19.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
20 CONFLICT OF INTEREST

20.1 PROJECT DESIGNER stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause PROJECT DESIGNER to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.

20.2 PROJECT DESIGNER shall not employ any City official or employee to perform any work required pursuant to this Contract.

20.3 If PROJECT DESIGNER is a registered professional engineer or licensed land surveyor and the scope of work requires PROJECT DESIGNER’s recommendation of the actual formula to spread the costs of an assessment district’s improvements, then PROJECT DESIGNER shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) PROJECT DESIGNER has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which PROJECT DESIGNER received the income. In the event a conflict of interest does arise in that context, City shall select a different PROJECT DESIGNER to recommend the actual formula to spread the costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to PROJECT DESIGNER.
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20.4 To the extent required by the City Manager/designee, PROJECT DESIGNER shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
21 COMPLIANCE WITH LAW

21.1 PROJECT DESIGNER shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If PROJECT DESIGNER uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by PROJECT DESIGNER.

21.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 22 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
23 ENTIRE CONTRACT AND AMENDMENTS

23.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.

23.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by PROJECT DESIGNER hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

23.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract.

13-14Concord - Document ID: generated after first signature 24 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

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

CITY OF PALMDALE: WITHERS & SANDGREN, LTD.:

Steve Hofbauer Date
Mayor

Lacey Withers Date
Principal

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

WITHERS & SANDGREN, LTD.
20948 Tulsa St. Chatsworth,
CA 91311
APPROVE AS TO FORM:

Christopher L. Beck
City Attorney

ATTEST:

Shanae S. Smith
City Clerk
ATTEST: If Corporation

Secretary

14-14Concord - Document ID: generated after first signature City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS

ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: ADOPT RESOLUTION N OS CC 202 2-034 AND CC 202 2-035,

RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF

PALMDALE INITIATING PROCEEDINGS FOR THE APPROVAL OF
THE ANNEXATION OF PARCEL 2 ON PARCEL MAP NO. 83189 TO

THE CITY OF PALMDALE STREETLIGHT MAINTENANCE
ASSESSMENT DISTRICT NO. 1, AS ANNEXATION 2022-203,

APPROVING THE ANNEXATION AND ANNUAL LEVY REPORT,
AND DECLARING THE CITY’S INTENTION TO LEVY AND
COLLECT ASSESSMENTS FOR FISCAL YEAR 2022/2023
ISSUE
Adopt Resolution Nos CC 2022-034 and CC 2022-035, Resolutions of the City Council of the City of Palmdale initiating proceedings for the approval of the annexation of parcel 2 on Parcel Map No. 83189 to the City of Palmdale Streetlight Maintenance Assessment District No. 1, as Annexation 2022-203, approving the annexation and Annual Levy Report, and declaring the City’s intention to levy and collect assessments for Fiscal Year 2022/2023

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt a resolution Initiating Proceedings for the Annexation of Territory to the City of Palmdale Streetlight Maintenance Assessment District No. 1, as Annexation 2022-203; and

2. Adopt a resolution Declaring its Intention to Annex Territory to the City of Palmdale Streetlight Maintenance Assessment District No. 1, as Annexation 2022-203; and

3. Preliminarily approve the Annexation and Annual Levy Report for the City of Palmdale Streetlight Maintenance Assessment District No. 1, as Annexation 2022-203; and

4. Set a time and place for a public hearing for May 4, 2022 and ordering the initiation of assessment ballot proceedings.

Report to Mayor and City Council
Re: Palmdale SLAD No. 1, Annexation No. 2022-203
May 4, 2022

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BACKGROUND
The developer, Pilot Travel Centers, LLC has requested the annexation of certain territory to the District and it is also a condition of approval for the project. Parcel 2 on Parcel Map No. 83189 is a proposed travel center building with associated parking facilities located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway.

According to the “Landscaping and Lighting Act of 1972”, Part 2 of Division 15 of the California Streets and Highways Code, the City may establish a streetlight maintenance assessment district or annex territory into an existing district to provide for the installation, continued maintenance, and servicing of the streetlight improvements. Annexation of the streetlight improvements into a district will provide for the continued maintenance of these improvements after the developer installs them and the City accepts them.

Article XIII D of the California Constitution, and Section 53753 of the California Government Code both require that a notice of the proposed assessment and ballot be mailed to the record owner of each parcel on which an assessment is imposed.

Additionally, the Article requires that the City conduct a public hearing no earlier than 45 days from the date of approval of the Resolution of Intention.

At this time Four Points Enterprise LLC is the sole owner of Parcel 2 on Parcel Map No. 83189, located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway. The owner has been mailed a petition requesting the owner to waive the 45-day notice period thereby shortening the time between the Resolution of Intention and the public hearing. A ballot will also be mailed to the owner, to indicate their support or opposition to the Annexation.

The City has prepared resolutions initiating proceedings and declaring its intention to annex territory to the District and to levy and collect assessments to fund the cost of maintenance of streetlighting improvements within the Annexation. The City Council has designated NBS the assessment engineer and will hear on the preliminary report, which outlines the Annexation and the proposed annual assessments.

The attached resolutions, Annexation, and Annual Levy Report initiate the process for the Annexation and set a date for the public hearing. At the time of the public hearing, the ballot will be checked, and if the vote is yes, the Annexation and Annual Levy Report and resolution to be heard at the public hearing will confirm and levy assessments placed upon each parcel for the operation, maintenance and servicing costs.

Report to Mayor and City Council
Re: Palmdale SLAD No. 1, Annexation No. 2022-203
May 4, 2022

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DISCUSSION
Tonight’s City Council meeting is being held to approve the Resolutions to Initiate Proceedings, Declaring its Intention to Annex Territory into the District, along with preliminarily approving the Annexation and Annual Levy Report and Declaring the City’s intention to levy and collect assessments for Fiscal Year 2022/2023.

To assist the City in proceeding with the Annexation, the City hired the assessment engineer, NBS. NBS has prepared the Annexation and Annual Levy Report, which provides a description of the improvements, the estimated costs of improvements, a diagram for the Annexation, and the assessment roll containing the Fiscal Year 2022- 2023 levy for each parcel within the Annexation. NBS is also handling the noticing and protest ballot process, and submittal of the appropriate materials to Los Angeles County by the Fiscal Year 2022-23 property assessment deadline.

FISCAL IMPACT
The Report indicates the proposed assessments for the City of Palmdale Streetlight Maintenance Assessment District No. 1, Annexation 2022-203. The total combined maximum assessment revenue from the District for fiscal year 2022/2023 is $7,776.00 and the City’s general benefit contribution is $431.08. The appropriate funding source for the general benefit contribution will be determined during the FY 2022/2023 budget review process.

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

A. Seek innovative, cost effective, customer focused methods of service delivery.

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

ATTACHMENTS

1.Resolution No. CC 2022-034

2.Resolution No. CC 2022-035

3.Annexation and Annual Levy Report for the City of Palmdale Streetlight Maintenance Assessment District No. 1, Annexation 2022-203

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY

TO THE CITY OF PALMDALE STREETLIGHT MAINTENANCE
ASSESSMENT DISTRICT NO. 1, AS ANNEXATION 2022-203,

DESCRIBING THE PROPOSED IMPROVEMENTS TO SERVE SAID

DISTRICT, AND ORDERING THE PREPARATION OF THE

ANNEXATION AND ANNUAL LEVY REPORT
WHEREAS, the City Council (the “Council”) of the City of Palmdale (“City”), State of California, has previously formed the City of Palmdale Streetlight Maintenance Assessment District No. 1 (the “District”) pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500), and Article XIIID of the California Constitution (collectively referred to as the “Assessment Law”), that provides for the levy and collection of assessments by the County of Los Angeles for the City of Palmdale to finance the cost and expenses of the maintenance of certain improvements described in Section 4 hereof. Said annexation shall be known and designated as “City of Palmdale Streetlight Maintenance Assessment District No. 1, Annexation 2022-203” (the “Annexation”); and for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

WHEREAS, the provisions of Article 2 of Chapter 2 of the Assessment Law authorize the annexation of territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer’s report, and notice of public hearing; and WHEREAS, notwithstanding that such provisions of Assessment Law related to the annexation of property to the District, Article XIIID of the Constitution of the State of California establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments finance the cost and expenses of the maintenance of certain improvements (the “Improvements”); and
WHEREAS, the Council desires to initiate proceedings to annex territory into the District and to levy annual special benefit assessments within said Annexation; and Resolution No. CC 2022-034

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WHEREAS, the City has retained NBS for the purpose of assisting with the annexation and annual levy of the Annexation and to prepare and file a report with the City Clerk in accordance with the Assessment Law; and

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

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

SECTION 1. The above recitals are all true and correct and by this reference made an operative part hereof.

SECTION 2. That the Council hereby proposes the Annexation to the District and the levy of collection and assessments.

SECTION 3. The Council hereby orders NBS to prepare and file with the City Clerk the Annexation and Annual Levy Report concerning the Annexation and the levy and collection of assessments for the fiscal year commencing July 1, 2022 and ending June 30, 2023 in accordance with Chapter 1, Article 4, Section 22565 of the Act.

SECTION 4. Generally, the improvements within the Annexation which shall be maintained for the benefit of the proposed Annexation and through the special benefit assessments levied annually shall include but not be limited to the following:
(a) the installation, construction or operation of public lighting, facilities, including, but not limited to, streetlights, traffic signals and crosswalk lights; (b) the installation, construction or operation of any facilities which are appurtenant to any improvements listed in (a) and (b) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, drainage and electrical facilities; and
(c) the maintenance and servicing of any of the foregoing.

The Annexation and Annual Levy Report shall describe all improvements.

SECTION 5. The boundaries of the Annexation are described as being located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway within the boundaries of the City of Palmdale within the County of Los Angeles, State of California.

SECTION 6. The proposed Annexation is designated as: City of Palmdale Streetlight Maintenance Assessment District No. 1, with the annexation territory being described as Annexation 2022-203.

Resolution No. CC 2022-034

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SECTION 7. That the City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 4th day of May, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4 th day of May, 2022 by the following roll call vote:

AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT:___________________________ Date: ______________________________ _____________________________ Shanae S. Smith, City Clerk

COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-035

A RESOLUTION OF THE COUNCIL OF THE CITY OF PALMDALE

DECLARING ITS INTENTION TO ANNEX TERRITORY INTO THE CITY

OF PALMDALE STREETLIGHT MAINTENANCE ASSESSMENT
DISTRICT NO. 1, AS ANNEXATION 2022-203, PRELIMINARILY

APPROVING THE ANNEXATION AND ANNUAL LEVY REPORT, AND

SETTING A TIME AND PLACE FOR HEARING PROTESTS
WHEREAS, the City Council (the “Council”) of the City of Palmdale (“City”), State of California, has previously formed the City of Palmdale Streetlight Maintenance Assessment District No. 1 (the “District”) pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500), and Article XIIID of the California Constitution (collectively referred to as the “Assessment Law”), that provides for the levy and collection of assessments by the County of Los Angeles for the City of Palmdale to finance the cost and expenses of the maintenance of certain improvements described in Section 4 hereof. Said annexation shall be known and designated as “City of Palmdale Streetlight Maintenance Assessment District No. 1, Annexation 2022-203” (the “Annexation”); and for the fiscal year commencing July 1, 2022 and ending Jun 30, 2023.

WHEREAS, the provisions of Article 2 of Chapter 2 of the Assessment Law authorize the annexation of territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer’s report, and a notice of public hearing; and WHEREAS, notwithstanding that such provisions of Assessment Law related to the annexation of property to the District, Article XIIID of the Constitution of the State of California establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the cost and expenses of the maintenance of certain improvements (the “Improvements”); and
WHEREAS, the owners of certain property have requested that the Territory be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of the Improvements; and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “A Petition to the City Council of the City of Palmdale, County of Los Angeles, State of California, Petitioning the Council to Initiate Proceedings for the Resolution No. CC 2022-035

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Annexation of Territory into the City of Palmdale Streetlight Maintenance Assessment District No. 1, as Annexation 2022-203, Parcel Map No. 83189, only the portion of assessor’s parcel number 3051-021-022 identified as Parcel 2, located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway, Pursuant to the Landscaping and Lighting Act of 1972, Being Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIIID of the California Constitution” (the “Petition, Consent and Waiver”); and WHEREAS, by such Petition, Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Petition, Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in the Annexation and Annual Levy Report (the “Report”) attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in the Report attached hereto; and WHEREAS, by such Petition, Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the
proportional special benefit from the Improvements conferred on each parcel in the Territory.

WHEREAS, on May 4, 2022 by previous Resolution, the City Council (the “Council”) of the City of Palmdale (“City”), State of California, initiated proceedings to annex territory to the District and ordered the preparation of the Report for said Annexation for Fiscal Year 2022/23, that provides for the levy and collection of assessments by the County of Los Angeles for the City of Palmdale to pay for the maintenance and services of all improvements and facilities related thereto; and, WHEREAS, the Council has retained NBS for the purpose of assisting with the Annexation and the annual levy of the Annexation and to prepare and file the Report with the City Clerk in accordance with the Assessment Law; and, Resolution No. CC 2022-035

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WHEREAS, at this time the Council desires to declare its intention to annex territory to the District and to provide for the levy and collection of annual assessments, beginning with in Fiscal Year 2022/23, to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements (defined below) within the Annexation; and
WHEREAS, the Report has been filed with the City Clerk and submitted to this Council in accordance with the Assessment Law; and
WHEREAS, the Council has carefully examined and reviewed the Report as presented and is satisfied with the proposed Annexation, each and all of the budget items and documents as set forth therein and is satisfied that the levy amounts have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services within the Annexation as set forth in said Report; and
WHEREAS, for purposes of this Annexation, the Public Works Director is designated to be the Superintendent of Streets.

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

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS

FOLLOWS
SECTION 1. The above recitals are all true and correct and by this reference made an operative part hereof.

SECTION 2. The Council hereby declares that it is its intention to order the levy of assessments within the Annexation and seek the Annual Levy of the Annexation pursuant to the Act, over and including the land within the Annexation, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The Council has determined at this time to call an assessment ballot proceeding therein to authorize the levy of assessments (which are more particularly outlined in the Report) to pay the costs and expenses of the improvements described in Section 5 of this Resolution. The Council finds that the public’s best interest requires such levy and collection.

SECTION 3. Pursuant to Proposition 218, Section 4, Sub-Section 4 (c), now California Constitutional Articles XIIIC and XIIID, (hereafter referred to as the “Proposition 218”) approved by the California voters in November 1996, an assessment ballot proceeding is hereby called on behalf of the Annexation on the proposition of levying the assessments and the assessment range formula to allow for reasonable increases within the Annexation.

Resolution No. CC 2022-035

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SECTION 4. The assessment ballot proceeding for the Annexation on the proposition of authorizing the assessments and the assessment range formula to allow for reasonable increases, pursuant to Section 4, Sub-Section 4 (c and d) of Proposition 218 consists of a ballot, included with the mailed notice required by Proposition 218, distributed to the property owners of record within the Annexation as of the County’s last equalized roll or as evidenced to the City. Each property owner’s ballot is weighted by the amount of their proposed assessment and they may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on May 4, 2022. At the conclusion of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of Proposition 218 the agency shall tabulate the ballots to determine if a majority protest exists. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the Public Hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments.

SECTION 5. The boundaries of the Annexation are described as being Parcel Map No. 83189, only the portion of assessor’s parcel number 3051-021-022 identified as Parcel 2, located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway, within the boundaries of the City of Palmdale within the County of Los Angeles, State of California.

SECTION 6. The Report as presented, consisting of: (i) a description of improvements, (ii) an annual budget (costs and expenses of services, operations and maintenance) and (iii) the assessment roll containing the Fiscal Year 2022/23 levy for each Assessor’s parcel within the Annexation, is hereby approved and ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection.

SECTION 7. Generally, the improvements within the Annexation which shall be maintained for the benefit of the proposed Annexation and through the special benefit assessments levied annually shall include but not be limited to the following:
(a) the installation, construction or operation of public lighting, facilities, including, but not limited to, streetlights, traffic signals and crosswalk lights; (b) the installation, construction or operation of any facilities which are appurtenant to any improvements listed in (a) and (b) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, drainage and electrical facilities; and
(c) the maintenance and servicing of any of the foregoing.

SECTION 8. For Fiscal Year 2022/23, the proposed assessments are outlined in the Report which details the annual assessments and formula.

Resolution No. CC 2022-035

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SECTION 9. Property owners have been provided a notice and an assessment ballot to cast on the proposed assessment and the assessment range formula to allow for reasonable increases. Ballots must be received prior to the conclusion of the Public Hearing at which they will be tabulated. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

SECTION 10. The City Clerk hereby declares that a Public Hearing on these matters will be held by the City Council on May 4, 2022 at 7:30pm or as soon thereafter as feasible in the City Council Chambers, located at 38300 Sierra Highway, Suite C, Palmdale, CA 93550.

SECTION 11. That the City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon it’s approval.

PASSED, APPROVED and ADOPTED this 4th day of May, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the Council of the City of Palmdale at a regular meeting of said Council held on the 4 th day of May, 2022 by the following roll call vote:

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Annexation and Annual Levy Report For:

Streetlight Maintenance
Assessment District No. 1
Annexation 2022-203
Pilot Travel Center
March 202 2
Fiscal Year 2022/23

TABLE OF CONTENTS

1. INTRODUCTION ......................................................................................... ..................... 1

1.1 District History ........................................................................................................... 1

1.2 Legislative Context .................................................................................................... 2

1.3 Court Rulings ............................................................................................................. 2

2. IMPROVEMENTS ......................................................................................... .................... 4

2.1 Streetlight Maintenance ........................................................................................... 4

3. BENEFITS ............................................................................................. ........................... 6

3.1 Improved Safety and Crime Prevention .................................................................... 6

4. SPECIAL BENEFIT DISTRIBUTION ......................................................................... ............. 8

4.1 Parcel Size .................................................................................................................. 8

4.2 Land Use Type ........................................................................................................... 8

4.3 Total Special Benefit Points ....................................................................................... 9

5. SEPARATION AND QUANTIFICATION OF GENERAL BENEFITS ......................................... 10

5.1 Summary ................................................................................................................. 10

5.2 General Benefits Identified ..................................................................................... 10

5.3 General Benefit Analysis ......................................................................................... 10

6. BUDGET ............................................................................................... ......................... 14

6.1 Maximum Balance to Be Assessed .......................................................................... 14

6.2 Maximum Assessment Rate per Special Benefit Point ........................................... 14

6.3 Annual Maximum Assessment Rate Increases........................................................ 15

6.4 Future Changes to Parcel Characteristics ................................................................ 15

6.5 Data for Annual Assessment Calculations ............................................................... 15

6.6 Appeals .................................................................................................................... 15

6.7 Method of Collection .............................................................................................. 16

7. ENGINEER’S STATEMENT .............................. ................................................... ............. 17

8. ASSESSMENT DIAGRAM ................................................................................... ............. 18

9. ASSESSMENT ROLL ...................................................................................... .................. 19

10. REFERENCES ........................................ ................................................... ...................... 20

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 1

1. INTRODUCTION

1.1 District History
The City of Palmdale (“City”) provides maintenance and servicing of certain publicly owned streetlights throughout it’s jurisdictional boundaries. In order to fund the maintenance and operation (the “Services”) of these projects and improvements, the City has formed five Streetlight Maintenance Assessment Districts, including subsequent Annexations, covering over 40,880 parcels. The assessments described in this Report have been prepared pursuant to Article XIII D of the California Constitution, the Proposition 218 Omnibus Implementation Act (Division 2 of the California Government Code §53739 et seq.), and the Landscaping and Lighting Act of 1972 (Division 15 of the California Streets and Highways Code §22500 et seq.) collectively, the “Assessment Law”.

As a condition of approval, the Pilot Travel Center is required to fund the maintenance and servicing associated with the streetlight improvements fronting the parcel along Pearblossom Highway. Per the tentative parcel map extracted from the City of Palmdale Pilot Travel Center Initial Study dated March 1, 2021 (“Initial Study”), the Annexation will consist of only Parcel 2, which is the portion of assessor’s parcel number 3051-021-022 located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway as illustrated below.

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 2 The Pilot Travel Center consists of a travel center building, 123 parking spaces, gas islands and truck diesel fueling lanes on 8.60 net acres of property. The Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 (the “Annexation”) is proposed to fund the maintenance and servicing of streetlights that benefit the parcel that forms the Annexation.

1.2 Legislative Context
Determinations of special and general benefits must comply with the requirements of Assessment Law.

The following is a description of the legislative context within which this report is written.

In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments.

The substantive requirements are twofold: (1) assessments can only be imposed for a “special benefit” conferred on an assessed parcel, and (2) assessments must be in proportion to, and no greater than, the special benefit conferred on an assessed parcel.

The special benefit and proportionality requirements are described in Section 4, Subdivision (a) of Article XIII D: “ An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel …”
In addition to its substantive requirements, Article XIII D imposes certain procedural requirements, which include preparing an engineer’s report, providing written notice to property owners, providing assessment protest ballots to property owners, holding a public hearing, and tabulating the assessment protest ballots.

1.3 Court Rulings
Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below.

1.3.1 GENERAL BENEFIT
Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable.

The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011) (“Golden Hills”) i
clarified this concept by stating, “ Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits .”

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 3 The Court of Appeal in Beutz v. County of Riverside (2010) (“Beutz”)ii quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “ estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit. ” The Court in Beutz furthered this idea stating, “ Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”

1.3.2 BENEFIT-BASED NOT COST-BASED
In Bonander v. Town of Tiburon (2009) (“Tiburon”)iii , the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “ Proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district. ”
The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “ an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property .”

1.3.3 PUBLIC PROPERTY
Section 4, Subdivision (a) of Article XIII D states, in part, “ Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. ” Historically, there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed.

The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017) (“Manteca”)iv clarified this issue by stating, “section 4, subdivision (a) of article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit. ”

1.3.4 IMPRECISION
The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “ Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision. ” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied .”

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 4

2. IMPROVEMENTS
The improvements to be maintained and serviced within the Annexation are to be part of the local and peripheral streetlight and traffic signal system of the City of Palmdale that confers special benefit to the Annexation parcel. The specific location of both local and periphery streetlight and traffic signal improvements within the City can be found on the Streetlight Inventory Maps maintained by the City and on file in the office of the City Engineer where they are available for inspection. The City also maintains a lamp location list that is tabulated listing every street in the Annexation by alphabetical order. Included in the items listed for each lamp are the exact location by street address number and lamp size.

Also included within the City streetlight system are traffic signals and highway safety lights (lights mounted on traffic signal poles). Traffic signal improvements may include both local and periphery traffic signals.

Local traffic signals are signals or portions thereof installed within the annexation. Peripheral traffic signals are portions of traffic signals installed outside of the annexation.

The local streetlight improvements to be maintained and serviced within the Annexation include six (6) streetlights and one (1) traffic signal within the right of way of the local public streets located within the boundaries of the Annexation. These lights are all within close proximity to the Annexation parcel identified as receiving local lighting benefit, and as such, provide special benefit to the parcel.

The City seeks to fund the following services and maintenance activities:
 Streetlight Maintenance
The services and maintenance activities listed above are collectively referred to as the “Improvements.” The Improvements include, but are not limited to, the removal, repair, relocation, replacement or acquisition of light standards, poles, bulbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the street lighting and traffic signal improvements benefiting the parcels within the Annexation. The Assessment Diagram and Legal Description for the Annexation can be found in Section 8 of this report.

2.1 Streetlight Maintenance
As part of the conditions of approval of the project, the property owner requested the formation of a streetlight maintenance assessment district to fund the Improvements along Pearblossom Highway fronting the Annexation for the Pilot Travel Center located on the northwest corner of Ft. Tejon Road (Highway 138) and Pearblossom Highway. The lights to be maintained by the Annexation include a total of six (6) streetlights, lamp type 100W, 14,457 Lumen and one (1) traffic signal to be installed at the shared roadway and Pearblossom Highway. Below is a diagram pulled from the City of Palmdale Pilot Palmdale Street Lighting Electrical Plan illustrating the proposed area in which the Improvements can be found.

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 5

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 6

3. BENEFITS
The Improvements will confer special benefits upon the parcel within the Annexation. These benefits are summarized in the table below:

Improvement Benefit(s)
Street Lighting Improved Safety and Crime Prevention
Improved Access and Traffic Circulation
The special benefits to be conferred by the Improvements are detailed below.

3.1 Improved Safety and Crime Prevention
The street lighting improvements will confer safety benefits and help mitigate potential criminal activity within the Annexation. This benefit extends to property, as adequate lighting should decrease vandalism and other property-related crime. The following safety and crime prevention benefits will be provided as a result of the street lighting improvements.

The street lighting improvements will provide enhanced lighting throughout the Annexation, which will ensure that sidewalks, streets and property fronts are more visible during dusk and night time hours. The increased level of visibility, during these darker periods of the day, will reduce opportunities for potential vandalism and other property-related crimes. “Lighting has a positive effect on reducing crime and the positive benefits are similar to those observed for roadway lighting reducing crashes.” The creation of a cohesive neighborhood is also accomplished by lighting in that “lighting may send a message that goes beyond visibility as a means for providing a community with crime-reducing benefit.” (Review of the Safety Benefits and Other Effects of Roadway Lighting, National Cooperative Highway Research Program, Transportation Research Board of the National Academies, 2009).

The street lighting improvements also provide a measure of safety for pedestrian and vehicular traffic within the Annexation. “Published studies having different methodologies tend to converge on an overall average reported 20% to 30% reduction in night time crash risk from lighting” (National Cooperative Highway Research Program Transportation Research Board of The National Academies, 2009). This is of particular importance in a residential area where pedestrians are likely to be present during night time hours. The same report also states, “… lighting has a positive effect on reducing crime ...” Therefore, the street lighting improvements will confer safety benefits to property within the Annexation.

3.2 Improved Access and Traffic Circulation
The street lighting improvements also provide improved accessibility and traffic circulation benefits to the Annexation parcel where the access route to the property utilizes street lighting. The maximum usefulness of a parcel cannot be fully realized unless it is accessible. Thus, improving the accessibility of a parcel especially during night time hours, through proper street lighting, can improve the overall utilization of the parcel. The street lighting improvements will also improve the overall accessibility for emergency response vehicles. The efficient and timely response to emergencies is a critical component to the effectiveness of emergency response. It is reasonable to conclude that improving street lighting will improve accessibility

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 7 and emergency response efficiency, especially during the night time hours for the parcel within the Annexation.

The street lighting improvements will also provide improved traffic circulation benefits by facilitating a more efficient and safer flow of traffic to and from properties within the Annexation between the dusk and dawn hours. This increased traffic circulation benefit is due to the fact that well-maintained and reliable lighting artificially extends the “lighted” hours, which increases the amount of time for activity to occur. It is a well- accepted fact that pedestrian and traffic safety is considerably reduced in the hours of darkness. Various studies have concluded that good quality street lighting reduces the accident rate by increasing the overall visibility, as vehicle headlights are inadequate for high speed traffic. “Driving outside of daylight hours is more dangerous – only a quarter of all travel by car drivers is between the hours of 7pm and 8am, yet this period accounts for 40% of fatal and serious injuries in the same group.” (Night-time accidents: a scoping study, UCL, London, 2009). Therefore, the street lighting improvements will confer traffic circulation benefits to property within the Annexation.

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 8

4. SPECIAL BENEFIT DISTRIBUTION
Once special benefits are identified, they must be assigned based on the estimated proportionate special benefit derived by the parcel. This section describes the assignment of special benefits to the parcel.

4.1 Parcel Size
It is believed parcels of the same use will experience different degrees of special benefit in relation to differences in their acreage. For example, a parcel with a large acreage will experience greater special benefit than a parcel with a small acreage. Accordingly, as acreage increases, parcels are considered to receive proportionately greater special benefit. Therefore, these parcel characteristics are deemed appropriate factors for determining proportional special benefit.

The Annexation consists of only the one parcel, classified by the County as a Commercial Land Use.

Consequently it is expected the parcel will experience special benefits from the Improvements. Therefore, the Parcel Size Factor per acre is 1.00. The net acreage of the Annexation parcel is 8.60, therefore the Parcel Size Factor for the parcel is 8.60.

4.2 Land Use Type
In addition to parcel size, a parcel’s land use type will also affect the special benefits received. Following the assignment of the Parcel Size Factor, a Land Use Benefit Point was assigned. This benefit point corresponds to the special benefits described in the Benefits section of this report.

The parcel within the proposed Annexation boundary is assigned a land use type for purposes of determining the special benefits received. Below is a description of the land use type category to be assessed within the Annexation.

Commercial Property consists of parcels used for commercial purposes and intended to generate revenues, used exclusively for non-residential purposes.

4.2.1 APPORTIONING SAFETY AND CRIME PREVENTION BENEFIT For the most part, Safety and Crime Prevention benefits are universal benefits for the parcel within the Annexation. The overall appeal and safety of an area is enhanced when street lighting improvements are in place and kept in a satisfactory condition. Conversely, appeal and safety decreases when street lighting is not operational or provides inconsistent illumination. Therefore, the parcel is assigned 1.00 benefit point for Safety and Crime Prevention.

4.2.2 APPORTIONING ACCESS AND TRAFFIC CIRCULATION BENEFIT Generally, Access and Traffic Circulation benefits are universal benefits for the parcel within the Annexation.

The improved accessibility and traffic circulation benefits to the Annexation parcel maximizes the overall usefulness of the parcel. Therefore, the parcel is assigned 1.00 benefit point for Access and Circulation.

4.2.3 LAND USE BENEFIT POINTS
The table below summaries the Land Use Benefit Points assigned to the parcel within the Annexation:

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 9 Land Use Type Safety and Crime
Prevention
Access and Traffic
Circulation
Total Land Use
Benefit Points
Commercial 1 1 2

4.3 Total Special Benefit Points
The calculation of Total Special Benefit Points for the parcel takes into account each component analyzed and described above, parcel characteristics and land use. The formula for determining the parcel’s Total Benefit Points is as follows:

Parcel
Size
Factor
x Land Use Benefit
Points = Total Special
Benefit Points
The Total Special Benefit Points are computed for the parcel in the Annexation and summed. The Total Annexation Special Benefit Points are 17.20. These Total Annexation Special Benefit Points are used to determine the proposed assessment amounts on each parcel.

Below is a sample Total Special Benefit Points calculation for the parcel in the Annexation:

Parcel Size Factor Land Use Benefit
Points Total Special Benefit
Points

8.60 X 2.00 = 17.20

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 10

5. SEPARATION AND QUANTIFICATION OF GENERAL

BENEFITS
As described in the Introduction, only special benefits are assessable and in order to assess only special benefits, the general benefits resulting from the Improvements must be separated and quantified. This section describes the process used to separate and quantify the general benefits.

5.1 Summary
As detailed below, it is estimated the Improvements will confer an Effective General Benefit of 5.54%.

5.2 General Benefits Identified
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the maintenance of the Improvements provided by the assessments levied. The Improvements to be maintained by the Annexation are located within the Annexation boundaries only. There will be no Annexation maintenance activities provided for Improvements located outside of the Annexation boundaries.

The ongoing maintenance of the Improvements will provide safety and crime prevention and access and traffic circulation benefits to the property within the Annexation. However, it is recognized that the ongoing maintenance activities will also provide a level of benefit to some property within proximity to the Annexation, as well as individuals passing through. Therefore, the general benefit created as a result of the Annexation maintenance activities has been considered.

5.3 General Benefit Analysis
As a result of the maintenance and operation of the Improvements, there will be a level of general benefit to people that do not work or intend to conduct business within the Annexation. In order for property within the Annexation to be assessed only for that portion of special benefits received from the Annexation’s maintenance activities, general benefits provided by the ongoing maintenance of the Improvements needs to be quantified. The amount of general benefit that is provided from the Annexation’s maintenance activities cannot be funded via property owners’ assessments.

Per the Initial Study, primary access to the Pilot Travel Center site would be provided from Pearblossom Highway and connect to a shared access roadway at the northeast corner of the Pilot Travel Center site.

Pearblossom Highway is proposed to be widened to its ultimate half-width right-of-way (ROW) from the Pilot Travel Center site’s western property line to the proposed travel center’s easterly property line, which includes the shared roadway. At the intersection of the shared roadway and Pearblossom Highway, a traffic signal would be installed.

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 11

5.3.1 GENERAL BENEFIT: PASS THROUGH TRAFFIC LOCAL/COLLECTOR STREETS For purposes of determining general benefits, all streets within the Annexation other than Pearblossom Highway are considered local/collector streets by the City. The local/collector streets within the Annexation are intended to serve individual neighborhoods and not to be pass through streets, but cul-de-sacs or loop roads to reduce through traffic. In addition, according to the City’s Adopted General Plan Circulation Element v, “local street design should provide efficient connection to the arterial highway system while discouraging excessive speeds and volumes”.

From a visual inspection of the layout of the Annexation, one must conclude that the purpose of the collector streets is exclusively intended for the benefit of the Annexation. There are no local streets that provide a direct or efficient means of traveling from one place to another such that one could reasonably expect a driver to purposefully choose the local streets as the best route for travel unless necessary because the route either began or ended in the Annexation. Given the localized nature of traffic, one could imagine a small degree of “residential tourism” wherein drivers are in fact simply “passing through” to enjoy the natural surroundings or perhaps lost on their way to their intended destination. As such, approximately

1.00% general benefit is attributable to vehicles passing through the Annexation via the collector streets.

Pass Through Traffic Local/Collector Streets General Benefit

1.00%

5.3.2 GENERAL BENEFIT: PASS THROUGH TRAFFIC ARTERIAL ROAD As a result of the Improvements, there will be a level of general benefit conferred to pass through vehicle traffic related to properties outside of the Annexation whose occupants do not intend to access property within the Annexation. Pearblossom Highway is classified by the City of Palmdale as a major arterial road, ultimately proposed to be widened as a result of this development. As such, the benefit derived by pass through vehicle traffic needs to be quantified. In order to do this, we must first estimate the average daily vehicle trips through the Annexation.

The City’s Traffic Transportation Division provided daily trip counts for Pearblossom Highway East and West.

Based upon the average of those daily trip counts, the total estimated daily trip traffic through the Annexation is 17,755 vehicle trips.

Next, we must estimate the number of daily vehicle trips generated by ADT (average daily trip) land uses within the Annexation. To accomplish this, data from the ITE Trip Generation Manual was used to estimate the average daily vehicle trips for each ADT land use type within the Annexation identified in the Initial Study. The land uses included in the Initial Study are 960, 950, 940. 944, 853, and 851. The estimated number of daily vehicle trips generated by properties within the Annexation is approximately 1,240.10, as summarized below.

ITE Land Use Type
Estimated Daily
Vehicle Trips (1)
960 – Super Convenience Market/Gas Station 230.91
950 – Truck Stop 455.53
944 – Gasoline/Service Station 275.78
853 – Convenience Market with Gasoline Pumps 34.50 851 – Convenience Market 243.38
Total 1,240.10

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 12 (1) Extracted from the Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012) Washington, DC: Instit ute of Transportation Engineers.

Therefore, the estimated number of pass through vehicle trips related to properties outside of the Annexation is 16,515.

Average Vehicle Trips
Through Annexation
Estimated Annexation -
Generated Vehicle Trips
Estimated Pass
Through Vehicle Trips
17,755 - 1,240 = 16,515

However, simply estimating the number of pass through vehicle trips does not necessarily indicate the level of benefit accruing to vehicles passing through the Annexation. Estimating the total amount of time these pass through vehicles spend driving through the Annexation, as compared to the time drivers spend within the Annexation, is a better indicator of the temporary benefits accruing to vehicles passing through the Annexation.

To estimate the total time these pass through vehicles spend within the Annexation, and receive benefit from the Improvements, we must take into account the total road length of Pearblossom Highway containing the Improvements, as well as the average traffic speed (using local speed limits):

Street
Length (in Miles)
Within Annexation
Average Speed
Within Annexation
(MPH)
Travel Time (in
Hours) Through
Annexation per
Vehicle
Pearblossom Highway 0.1 52 55 0.002 8
Applying the total travel time through the Annexation per vehicle of 0.0028 hours to each of the pass through vehicle trips results in an aggregate daily pass through time of 46 hours, in which vehicles passing through the Annexation spend in proximity to the Improvements:

Travel Time (in Hours)
Through Annexation per
Vehicle

Estimated Pass Through
Vehicle Trips

Total Pass Through
Time (in Hours)

0.0028 x 16,515 = 46
Further, the amount of time that Annexation vehicles spend in proximity to the Improvements should also be considered to determine the overall benefit of the Improvements. Vehicles located within the Annexation are located in close proximity to the Improvements for a period of time and experience benefit from these Improvements while in the Annexation. It is estimated the average vehicle will spend one (1) hour in the Annexation. As such, the previously identified daily pass through time of vehicles receiving limited benefit from the Improvements should be compared to the total time the Annexation vehicles spend in proximity to Annexation Improvements:

Time Class Hours Percentage
Total Pass Through Time 46 3.54%
Total Annexation Vehicle Time 1 1,240 96.46%
Totals 1,2 86 100.00%
(1) Equals the average daily trip count of vehicles within the Annexation (1,240) multiplied by 1 (hour).

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 13 Of the total benefits provided by the Improvements, the percentage of time allocated to vehicles passing through the Annexation is 3.54%.

Additionally, an estimated 1% of all US trips are made by bicycle vi . Although the Annexation fronts
Pearblossom Highway and there is no dedicated bike lane along the highway, there is a sidewalk and the ability to pass through the Annexation by bicycle. There is also a residential community immediately adjacent to the Annexation on the west end. Therefore, it would be reasonable to assume there would be some level of general benefit received from bicycle traffic passing through the Annexation. According to the National Household Travel Surveys, 49% of bike trips are for recreation, exercise, and sports vii . As a result, approximately 1.00% general benefit is attributable to bicycles passing through the Annexation.

Therefore, the total percentage of general benefit accruing to vehicles and bicycles passing through the Annexation is 4.54%.

Pass Through Traffic Arterial Streets General Benefit 4.54%

5.3.3 TOTAL GENERAL BENEFIT
Since the Annexation is comprised of safety and crime prevention and improved access and traffic circulation benefits resulting from the Improvements, the activity of vehicles, pedestrians and bicycles passing through the Annexation must be addressed in a collective form rather than independently. This general benefit result is provided in the table below:

General Benefitr Percentage
Pass through Traffic Local/Collector Streets 1.00%
Pass through Traffic Arterial Roads 4.54%
Totals 5.54%

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 14

6. BUDGET
The following table summarizes the estimated annual costs to fund the Improvements for Fiscal Year 2022/23:

Description Amount
Maintenance
Direct Labor/Maintenance Costs $1,496.00
Utility Costs 5,280.00
Administration
Overhead/Engineer/Consultant Costs 1,000.00
Total Cost of Improvements $7,776.00

6.1 Maximum Balance to Be Assessed
The total maximum amount to be assessed upon the specially benefitting parcel is the total cost of the Improvements, as detailed above, less the portion of Maintenance costs attributable to General Benefit as detailed in the Separation and Quantification of General Benefits section.

The calculation of the balance to be assessed is shown below:

Description Amount
Total Cost of Improvements $7,776.00
Less Maintenance General Benefit Portion (5.54%) (431.08) Total Cost of Improvements to Be Assessed $7,344.92

6.2 Maximum Assessment Rate per Special Benefit Point
The Maximum Assessment Rate per Special Benefit Point is determined by dividing the Total Cost of Improvements to Be Assessed by the sum of the Total Annexation Special Benefit Points noted in Section 4.

The calculation of the Maximum Assessment Rate per Special Benefit Point is shown below:

Description Amount
Balance to Be Assessed $7,344.92
Total Annexation Special Benefit Points 17.20
Maximum Assessment Rate per Special Benefit Point (1) $427.03 (1) Beginning July 1, 2023 the maximum assessment per Special Benefit Point will be increased by the change in the February to February Consumer Price Index for all Urban Consumers, for the Los Angeles-Long Beach-Anaheim CA region compared year over year not to exceed 3% annually.

The Maximum Assessment Rate per Special Benefit Point is multiplied by each parcel’s Total Special Benefit Points to determine a maximum assessment amount per parcel. Below is a sample total maximum assessment calculation for a typical parcel in the Annexation:

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 15 Maximum
Assessment Rate
per Special Benefit
Point
Total Special Benefit
Points
Total Maximum
Assessment Amount
for the Parcel
$427.03 X 17.20 = $7,344.92

6.3 Annual Maximum Assessment Rate Increases
Each parcel’s actual assessment is determined by multiplying the assessment rate by the parcels total specific benefit points. If the total Annexation special benefit points change in future years, the allowable annual Maximum Assessment Rate will not be recalculated. The allowable annual Maximum Assessment Rate per special benefit point, plus the annual cost of living inflator, will remain fixed. The actual annual assessment rate will be calculated by dividing the fiscal year’s net cost estimate to be assessed by the fiscal year’s total special benefit points, not to exceed the allowable annual Maximum Assessment Rate for that fiscal year. The Maximum Assessment Rate per special benefit point is escalated each year on July 1 by the annual change in the February to February Consumer Price Index for all Urban Consumers, for the Los Angeles-Long Beach-Anaheim CA region not to exceed 3% annually, beginning July 1, 2023.

In any given year, the assessments may be levied at any rate sufficient to meet the estimated budget, as long as the actual assessment rate does not exceed the Maximum Assessment Rate for that fiscal year.

6.4 Future Changes to Parcel Characteristics
Future changes to parcel characteristics (building, frontage, and land use) will cause changes in the total assessment revenue. The assessment revenue for any given year will be the product of the Annexation’s parcel characteristics and the budget in effect for such fiscal year. Development within the Annexation that increases the overall building square footage, for example, will lead to increased assessment revenue, even if the assessment rate is not increased.

6.5 Data for Annual Assessment Calculations
Each year, as part of the assessment calculation procedures, the City or its designated consultant shall determine the land use type for each parcel based on the County Assessor's use code or other supplementary information made available and deemed reliable. The parcel characteristics of building square footage shall similarly be based on the County Assessor's secured rolled data for the applicable year and may be supplemented with other reliable data sources.

Assessment amounts may change over time in accordance with changes to parcel characteristics including land use type and building square footage.

6.6 Appeals
If any property owner believes the data used to calculate the assessment is inaccurate for any reason, the property owner shall submit, in writing, a request for review to the City. The property owner shall provide documentation needed to support the request for review. The City or its designated consultant shall

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 16 review the request and provide a response to the property owner. The property owner must be current in the payment of all assessments when filing the request for review and must remain current during the review process. The property owner should continue to pay any regular property taxes due according to the County's due dates.

If the review conducted by the City or its designated consultant results in changes to any parcel characteristics used to compute the assessment, the City or its designated consultant shall recalculate the assessment. When recalculating the assessment, the assessment rates actually applied in such fiscal year shall be used. Only the assessment for the parcel or parcels subject to review shall be recalculated.

If the recalculated assessment is less than the amount submitted to the County on the secured property tax roll, the difference shall be credited back to the property owner. This credit shall be limited to the current fiscal year and the prior fiscal year, if applicable. The “fiscal year” shall follow the County’s fiscal year for property taxes, from July 1 to June 30. The applicable fiscal year shall be determined by the date the request for review is submitted to the City.

For example, if a request for review is submitted to the City during Fiscal Year 2023/24, the Fiscal Year 2023/24 and 2022/23 assessments will be reviewed. The property owner credit shall be limited to any difference calculated for Fiscal Year 2023/24 (the current fiscal year) and Fiscal Year 2022/23 (the prior fiscal year).

The credit may be provided in the form of a check to the property owner, an adjustment to the current year’s property tax roll (if possible), or a credit to the succeeding year’s assessment thereby reducing the amount placed on the secured property tax roll for such year.

If the recalculated assessment is greater than the amount submitted to the County on the secured property tax roll, the City or its designated consultant shall apply the recalculated assessment to the succeeding year’s property tax roll and no adjustments shall be made to the prior or current fiscal years’ assessments.

In any dispute over parcel characteristic data used to compute assessments, the City shall make a conclusive determination and its decision shall be final.

6.7 Method of Collection
The assessments will be collected annually on the County’s secured property tax roll. The assessments will be subject to the County’s assigned due dates and late penalties. However, the City may choose to collect the assessments in an alternate manner (including directly billing the property owner) as may be deemed appropriate or necessary by the City.

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 18

8. ASSESSMENT DIAGRAM
The following pages contains the legal description and assessment diagram for the Annexation.

Source: Los Angeles County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California V FIPS 0405 Feet Sheet 1 of 1

V I C I N I T Y
M A P

CITY OF PALMDALE

COUNTY OF LOS ANGELES

STATE OF CALIFORNIA

ASSESSMENT DIAGRAM
STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION 2022-203

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS ____ DAY OF _________, 2022.
________________________________________

CITY CLERK

CITY OF PALMDALE

COUNTY OF LOS ANGELES

RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF THE CITY OF PALMDALE ON THE LOTS, PIECES AND PARCELS OF LAND ON THIS ASSESSMENT DIAGRAM ON THE ____ DAY OF _________, 2022. ________________________________________

SUPERINTENDENT OF STREETS

CITY OF PALMDALE

COUNTY OF LOS ANGELES

AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THE CITY OF PALMDALE ON THE LOTS, PIECES, AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. THE ASSESSMENT WAS LEVIED ON THE ____ DAY OF _________, 2022; THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF THAT CITY ON THE ____ DAY OF _________, 20__. REFERENCE IS MADE TO THE

ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. ________________________________________

CITY CLERK

CITY OF PALMDALE

COUNTY OF LOS ANGELES
FILED THIS ____ DAY OF _________, 20__, AT THE HOUR OF __ O’CLOCK _M, IN BOOK ________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE ________, IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ____________________________

COUNTY RECORDER

COUNTY OF LOS ANGELES

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.

Fort Tejon Rd
State Route 138
Pearblossom Hwy
Southern Pacific RR
55th St E
53rd St E
52nd St E
Falling Star Pl
Spyglass Dr
Nightsky Pl
Fieldglass Ct
Annexation - Parcel 2 State Route 138
Pearblossom Hwy
Southern Pacific RR
Fort Tejon Rd
50th St E
55th St E
47th St E
52nd St E
E Avenue T
60th St E
E Avenue S-8
Cheseboro Rd
E Avenue T-4
56th St E
53rd St E
E Avenue T-5
47th St E 50th St E
53rd St E
Pearblossom Hwy
55th St E
Southern Pacific RR
50th St E
0 175 35087.5 Feet
O
Annexation Boundary
APN 3051-021-022
Parcels
Annexation Boundary
3051-021-022
1 ID APN
1 3051-051-022,
only the portion of which is
Parcel 2 on Tract Map 83189.

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 19

9. ASSESSMENT ROLL
City of Palmdale
Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 Fiscal Year 2022/23 Proposed Maximum Assessment

ID Assessor's Parcel Number
Fiscal Year 2022/23
Proposed Maximum
Assessment
1 3051-021-022, only the portion identified as Parc el 2 on Tract Map 83189 $7,344.92

City of Palmdale
Annexation and Annual Levy Report – Streetlight Maintenance Assessment District No. 1, Annexation 2022-203 20

10. REFERENCES

i Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) ii Beutz v. County of Riverside , 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) iii Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) iv Manteca Unified School District v. Reclamation District No. 17 et al , C077906 (Cal. Ct. App. 2017) v City of Palmdale. General Plan Circulation Element, January 25, 1993.

vi
U.S Department of Transportation. Federal Highway Administration. (2001). Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide. Retrieved from http://www.fhwa. dot. gov/ environment/bicycle_pedestrian/publications/sidewalk2/
vii Pucher, J., Buehler R., Meron, F., and Bauman, A. American Journals of Public Health, Supplement 1, Vol 101, No S1 (2011). Walking and Cycling in the United States, 2001-2009: Evidence from the National Household Travel Surveys. Retrieved from http://www.ncbi.nlm.nih.gov/pubmed/21551387 City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 2
SUBJECT: APPROVE FINAL TRACT MAP NO. 60732 (LOCATED AT 20 TH STREET WEST AND QUICK STREET, SOUTH OF AVENUE P-8)
ISSUE
Approve Final Tract Map No. 60732 (located at 20th Street West and Quick Street, south of Avenue P-8).

RECOMMENDATION
Staff recommends that the City Council approve Final Tract Map No. 60732 and authorize the City Clerk to execute the City Clerk’s Statement , Special Assessment Statement, Termination Note and authorizes the Acting City Surveyor to execute the City Surveyor’s Statement. The map will then be filed with the County Recorder.

BACKGROUND
Final Tract Map No. 60732 is a 9.8-acre subdivision, legally creating twenty-eight (28) residential lots. All proposed lot sizes and dimensions comply with the City’s Zoning Ordinance and development requirements. The subject property is located at 20th Street West and Quick Street south of Avenue P-8. The applicant for this final tract map is FH II, a California Limited Liability Corporation (also known as Frontier Communities). This tentative tract map was originally approved by the Planning Co mmission on March 18, 2004, by Resolution No. PC -2004-033. A Time Extension (No. 1) was approved by Planning Commission on March 15, 2007, by Resolution No. PC-2007-015 and a second time extension was approved by the Planning Commission on February 19, 2017, by Resolution PC-2017-006.

This Final Tract Map is consistent with the Tentative Tract Map and all the Final Map Conditions of Approval have been met. The Acting City Land Surveyor has reviewed the Final Map for technical accuracy and verifies it is in compliant with the Subdivision Map Act.

Staff recommends that the City Council approve the final Tract Map No. 60732.

Report to Mayor and City Council
Re: Approval of Final Tract Map No. 60732
May 4, 2022

Page 2 ends

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

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

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

ATTACHMENTS

1. Final Tract Map No. 60732
W.R. GORMAN L.S. 8767
T RACT NO. 60732
SHEET 1 OF 6 SHEETS
28 L OTS 9.80 ACRES
ANTEL OPE VAL LEY ENGINEERING, INC.

BASIS OF BEARINGS

CITY CL ERK 'S STATEMENT

CITY SURVEYOR'S STATEMENT
TENTATIVE MAP EXPIRES MARCH 30, 2025

SURVEYOR'S STATEMENT

IN THE CITY OF PALMDALE, COUNTY OF L OS ANGELES,

STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 3499, FIL ED IN BOOK 41, PAGE 82 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

OWNER'S STATEMENT

SOILS REPORT NOTE

MONUMENTATION NOTE

FOR FINAL REVIEW PURPOSES ONLY

SPECIAL ASSESSMENT STATEMENT

TERMINATION NOTE

SIGNATURE OMISSION NOTES
LOS ANGELES COUNTY CERTIFICATIONS AND SEALS:

FLOOD HAZARD NOTE

DEED OF TRUST BENEFICIARY
SEE SHEET '2' FOR NOTARY ACK NOWL EDGMENTS
2/24/2022
T RACT NO. 60732
SHEET 2 OF 6 SHEETS

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA

NOTARY ACK NOWLEDGMENT
28 LOTS 9.80 ACRES
W.R. GORMAN L.S. 8767

NOTARY ACK NOWLEDGMENT

SEE SHEET '
6'

SEE SHEET
'5'
SEE SHEET '4'
SCALE 1"=200'
W.R. GORMAN L.S. 8767

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA
T RACT NO. 60732
SHEET 3 OF 6 SHEETS
28 LOTS 9.80 ACRES
LEGEND

MONUMENT NOTES

SURVEY DET AIL & INDEX MAP
SCALE 1"=40'
W.R. GORMAN L.S. 8767

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA
T RACT NO. 60732
SHEET 4 OF 6 SHEETS
28 LOTS 9.80 ACRES
LEGEND

EXISTING EASEMENTS
SCALE 1"=40'
W.R. GORMAN L.S. 8767

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA
T RACT NO. 60732
SHEET 5 OF 6 SHEETS
28 LOTS 9.80 ACRES
LEGEND
SCALE 1"=40'
W.R. GORMAN L.S. 8767

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA
T RACT NO. 60732
SHEET 6 OF 6 SHEETS
28 LOTS 9.80 ACRES
LEGEND

EXISTING EASEMENTS

FLOOD HAZARD NOTE

FLOOD HAZARD AREA

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 1

MINUTES

CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
MARCH 16, 2022

www.cityofpalmdale.org

7:00 P.M.
1) MAYOR TO CALL THE MEETING TO ORDER
Mayor Pro Tem Loa called the meeting to order at 7:08 p.m.

2) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
Marcos Alvarez led the pledge of allegiance.

3) ROLL CALL MAYOR / CHAIR HOFBAUER, MAYOR PRO TEM / VICE CHAIR /

CHAIR PRO TEM LOA, COUNCILMEMBERS / DIRECTORS / MEMBERS /

COMMISSIONERS CARRILLO, BISHOP, BETTENCOURT COMMISSIONERS

FRAGA-SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

ABSENT: None.

Motion: Excuse the absence of Mayor Hofbauer.

Moved by Juan Carrillo, seconded by Richard J. Loa.

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

4) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.

Moved by Juan Carrillo, seconded by Austin Bishop.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 2
5) PUBLIC COMMENTS
The following individuals provided public comments:

Eugene Hernandez encouraged City Council to write a letter to Governor Newsom and State Senators regarding ending the gas tax.

Michelle Valmer, Vladimir Gomez, Christina Hayden, Nicole Teaque, Ruth Sanchez,Samantha Barbic, Ismael Galvanall shared views regarding the lack of support for the Walking With a Purpose event.

Xavier Flores encouraged Council support of a research project at R. Rex Parris High School.

Lancaster resident Dave Bowman commented regarding bettering the community.

Kevin Shenkman made comments regarding the sequencing of the Elections.

Maria Mainella requested a proclamation declaring April as “Child Abuse Awareness and Prevention Month”, and thanked Councilmember Bettencourt for participating in the project "You Matter." Ms. Mainella also inquired if Council would assist with stricter rules and laws related to Cannabis.

Marcos Alvarez expressed concerns regarding the lack of women's shelters in the City of Palmdale.

Jason Zink commented on homelessness, gas tax, and other miscellaneous items.

Eugene Hernandez encouraged the Council to review rent control in the City of Palmdale.

Motion: Close Public Comments.

Moved by Juan Carrillo, seconded by Laura Bettencourt.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

6) WORKSHOP PRESENTATION(S)

6.1) Illegal Dumping Action Plan Updates. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden) Deputy Director of Public Works Glidden provided an overview of the staff report.

Management Analyst Mejia explained the PowerPoint presentation. Discussion ensued regarding illegal dumping, dump hours, and public outreach.

Motion: Move to open the Public Comments.

Moved by Juan Carrillo, seconded by Richard J. Loa.

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 3

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

Jason Zink commented on the dump hours and suggested a Public Works yard on the eastside.

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

7) CONSENT CALENDAR

7.1) Receive the Summary of the Annual Housing Element Progress Report. (Staff Reference: Director of Economic and Community Development Garibay)

7.2) Approve Agreement with Kimley -Horn and Associates, Inc for professional services on PN 835, Palmdale Sustainable Transportation Plan, in the amount of $597,339. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

7.3) Adopt Resolution No. CC 2022-020, a Resolution of the City Council of the City of Palmdale authorizing the application for grant funds from the Recreational Trails Program for the Barrel Springs Trail Improvement Project. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
Councilmember Bettencourt pulled this item for discussion and suggested applying for grants funds that will benefit the eastside in the future.

Councilmember Carrillo requested that staff identify City owned property on the eastside to see what qualifies for grant funding.

Motion: Adopt Resolution No. CC 2022-020.

Moved by Austin Bishop, seconded by Laura Bettencourt.

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

7.4) Adopt Resolution No. CC 2022-025, a Resolution of the City Council of the City of Palmdale authorizing California Choice Energy Authority (CalChoice) to enter into a long -term renewable energy agreement with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice (EPIC). (Staff Reference:

Finance Manager: Kang, Presented by: Energy Resource Manager Salt) Councilmember Bettencourt pulled this item for discussion.

Motion: Adopt Resolution No. CC 2022-025.

Moved by Juan Carrillo, seconded by Richard J. Loa.

Vote: Motion carried (3-1)

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 4
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop.

No: Laura Bettencourt.

Absent: Steven Hofbauer.

7.5) Adopt Resolution No. CC 2022-030, a Resolution of the City Council of the City of Palmdale Authorizing Remote Teleconference Meeting of the City Council and All City Subordinate Bodies for the Period of March 24, 2022 - April 23, 2022. (Staff Reference: City Attorney Beck)

Motion: Approve items listed on the Consent Calendar except for

7.3 and 7.4.

Moved by Juan Carrillo, seconded by Austin Bishop.

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

8) APPOINTMENTS

8.1) Approve District 4 Alternate Member nomination for appointment to the Measure AV Oversight Committee. (Staff Reference: City Clerk Smith) Motion: Appoint Glenn Flood.

Moved by Juan Carrillo, seconded by Laura Bettencourt.

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

8.2) Approve nominations for appointment of three Committee Members and one Alternate Committee Member to the Human Rights Advisory Committee. (Staff Reference: City Clerk Smith)
Motion: Appoint Darby Edwards for District 2.

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

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

Motion: Appoint Rudolpho Perez for District 4.

Moved by Austin Bishop, seconded by Juan
Carrillo.

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 5

Absent: Steven Hofbauer.

Motion: Appoint Shushank Pretrosyan District 3.

Moved by Laura Bettencourt, seconded by Juan Carrillo.

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

A motion was made by Councilmember Carrillo to appoint Glenn Abram, the motion died for lack of a second.

Motion: Appoint Stephanie Rodgers as an alternate.

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

Vote: Motion carried (4-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

9) JOINT NEW BUSINESS CC/SA/HA/IDA/PAA/PCA/PFA

9.1) Review and approve the FY 2022 mid -year budget adjustment, and adopt Resolution No. CC 2022 -032, A Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for Parks and Recreation Unbenefited Positions. (Staff Reference: Finance Manager Kang)

Assistant Finance Manager Samson provided a detailed overview of the FY 2022 mid-year budget adjustments. Councilmember Bettencourt inquired regarding the increase in funds for Parks and Recreation part time positions, and Director of Parks and Recreation Smith stated the pay scale was adjusted to align with similar paying positions. Councilmember Carrillo inquired about the graffiti truck and whether it would require an operator/employee. Interim City Manager Perez confirmed that an operator/employee would not be required. Discussion ensued.

Councilmember Bettencourt directed staff to provide an online report indicating all expenditures associated with the Measure AV funds.

The following individuals provided public comment:

Jason Zink commented regarding a homeless shelter in the City of Palmdale, Measure AV funds, waiving lifeguard lesson fees, and senior citizen subsidies.

Eugene Hernandez inquired regarding the mission statement of the Human Rights Advisory Committee.

Motion: Adopt Resolution No. CC 2022-032.

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 6
Moved by Austin Bishop, seconded by Christina Fraga-Saenz.

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

Absent: Steven Hofbauer.

10) PUBLIC HEARING

10.1) Public Hearing and Review of Proposed Ordinance No. 1579 for adoption. (Staff Reference: City Manager - City Clerk Division)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE

ADOPTING A MAP DESCRIBING VOTING DISTRICT BOUNDARIES AND AMENDING CHAPTER 4.10 OF TITLE 4 OF THE PALMDALE MUNICIPAL CODE

Staff Recommendation: Adopt Ordinance No. 1579
Motion: Move to remove Item 10.1 from the agenda.

Moved by Juan Carrillo, seconded by Laura
Bettencourt.

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

No: Steven Hofbauer.

10.2) Public hearing to review and consider several proposed five (5) district draft maps provided by Compass Demographics, Inc. and discuss the potential move to five (5) council districts and rotating mayor.

Interim City Manager Perez provided a detailed overview of the staff report.

Mayor Pro Tem Loa opened the Public Hearing.

The following individuals provided public input:

Dave Bowman expressed his opinion of the fifth district and the process related to rotating the Mayor.

Kevin Shenkman commented in support of the five-districts map and confirmed the timeline for the adoption of the ordinance.

Vladimir Gomez spoke in favor of having five districts and equal representation.

V. Jesse Smith encouraged Council to approve and support the five-district map, which would support diversity in the community.

Jason Zink commented on the politics in the Antelope Valley and in opposition

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 7
to the rotating mayor Item No. 10.2.

Ruth Sanchez voiced concerns regarding Latino representation.

Nicole Teaque spoke regarding equality.

Maria Mainella commented regarding equity.

Marcos Alvarez commented on representation and inclusivity and encouraged Council to adopt five districts.

Xavier Flores encouraged Council to move forward with the adoption of a five- districts map.

Patricia Salazar provided comments in support of adopting five Council districts.

Carmen Molina commented regarding equality.

Nancy, Dayanna Noguera, Felix Menendez spoke regarding change and representation of Latinos.

Oscar commented in support of the five-districts maps.

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

Dave Ely, Compass Demographics, provided a brief summary of the five - districts maps that were drawn. Councilmember Carrillo as to which of the five options presented was the closest to the ten percent d eviation. Mr. Ely stated that all the maps provided are approximately four (4) percent deviation.

Discussion ensued.

Mayor Hofbauer made a motion to prepare a ballot measure as a Council i initiative, to be placed on the ballot of the next General Election for the City of Palmdale The motion failed due to the lack of a second.

Motion: Move forward with map #2 with a rotational mayor at the will of the Council on a one-year basis.

Moved by Juan Carrillo, seconded by Laura Bettencourt.

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

No: Steven Hofbauer.

11) ADJOURN
Mayor Pro Tem Loa adjourned the meeting at 10:35 p.m. in honor of Mr. Avrum Harris.

CC/SA/HA/IDA/PAA/PCA/PFA Minutes 03/16/2022 8

PASSED, APPROVED, and ADOPTED this 4th day of May 2022.

Steven D. Hofbauer, Mayor

ATTEST:

Shanae S. Smith, City Clerk

CC/SA/HA Minutes 04/06/2022 1

MINUTES

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
APRIL 6, 2022

www.cityofpalmdale.org

5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Hofbauer called the meeting to order at 5:00 p.m.

2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS

CARRILLO, BISHOP, BETTENCOURT
PRESENT: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

ABSENT: None.
3) PUBLIC COMMENTS
Dave Bowman commented regarding the SALVA event and a public records request.

Xavier Flores commented on the SALVA event and the performance evaluation of City Attorney Beck.

Lisa Craft spoke in opposition to the Ritter Ranch project.

Marcos Alvarez announced a vote of no confidence for City Attorney Beck.

Rosie Mainella announced that a 5K run was scheduled for domestic violence.

Vladimir Gomez provided Council with clarification on the SALVA event.

4) PRESENTATION BY CITY ATTORNEY
City Attorney Beck confirmed that the items would be heard as listed.

4.1) CONFERENCE WITH LABOR NEGOTIATORS
City representatives: Steve Hofbauer, Mayor
Unrepresented employee: Ronda Perez, Interim City Manager

This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.

4.2) CONFERENCE WITH LABOR NEGOTIATORS
City representatives: Steve Hofbauer, Mayor
Unrepresented employee: Christopher Beck, City Attorney

CC/SA/HA Minutes 04/06/2022 2
This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.

4.3) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION The existing facts and circumstances that constitute a significant exposure tolitigation are detailed in the following claim received by the City, which is available for public inspection pursuant to Government Code Section 54957.5:

Claimant: Patricia Nevarez
City Claim No.: 2022-005
Date Filed: 1/27/22
Date of Loss: Various

4.4) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION The existing facts and circumstances that constitute a significant exposure to litigation are detailed in the following claim received by the City, which is available for public inspection pursuant to Government Code Section 54957.5:

Claimant: Shanae Smith
City Claim No.: 2022-005
Date Filed: 1/10/22
Date of Loss: Various

4.5) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION The existing facts and circumstances that constitute a significant exposure to litigation are detail ed in the following claim received by the City, which is available for public inspection pursuant to Government Code Section 54957.5:

Claimant: Maithi Ricci
City Claim No.: 2021-047
Date Filed: 09/27/21
Date of Loss: 09/22/21

4.6) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION The existing facts and circumstances that constitute a significant exposure to litigation are detailed in the following claim received by the City, which is available for public inspection pursuant to Government Code Section 54957.5:

Claimant: Michael Behen
City Claim No.: 2022-008
Date Filed: 02/09/22
Date of Loss: Various

4.7) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the California Government Code. Number of Cases: One.

4.8) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case.

A point has been reached where, in the opinion of the City on the advice of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. The City believes that the facts and circumstances that might result in litigation against the City are not yet known to a potential plaintiff or plaintiffs.

CC/SA/HA Minutes 04/06/2022 3
5) ANNOUNCEMENT BY CITY ATTORNEY
All Councilmembers were present and able to participate in all items.

Item 4.1 Conference with Labor Negotiators – Council conducted labor negotiations and provided unanimous direction to staff, up to and including the items in open session this evening. There was no further reportable action.

Item 4.2 Conference with Labor Negotiators– Council conducted labor negotiations and directed this item back at the May meeting. There was no further reportable action.

Item 4.3 Conference with Legal Counsel – Anticipated Litigation: Council was provided an update on this mat ter and provided unanimous direction to staff. There was no further reportable action.

Item 4.4 Conference with Legal Counsel – Anticipated Litigation: Council was provided an update on this matter and provided unanimous direction to staff. There was no further reportable action.

Item 4.5 Conference with Legal Counsel – Existing Litigation: Ricci v. City of Palmdale – Council was provided an update on this matter. There was no further reportable action.

Item 4.6 Conference with Legal Counsel – Anticipated Litigation: Council was provided an update on this matter and provided unanimous direc tion to staff. There was no further reportable action.

Item 4.7 Conference with Legal Counsel – Anticipated Litigation/Initiation: Council was provided an update on this matter and provided direction to staff. There was no further reportable action.

Item 4.8 Conference with Legal Counsel – Anticipated Litigation/Exposure: Council was provided an update on this matter. There was no further reportable action.

6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer called the meeting to order at 7:08 p.m.

Motion: Move to continue Ritter Ranch Item 15.1 and 15.2 to April 20, 2022 meeting.

Moved by Juan Carrillo, seconded by Steven Hofbauer.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
8) ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/CHAIR/VICE CHAIR

LOA, COUNCILMEMBERS/DIRECTORS/COMMISSIONERS CARRILLO,

BISHOP, BETTENCOURT COMMISSIONERS FRAGA-SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, and Phil Denny.

ABSENT: None.

CC/SA/HA Minutes 04/06/2022 4
9) PRESENTATIONS

9.1) Mayor Hofbauer presented a cute critter available for adoption at the Palmdale Animal Care Center.

9.2) Mayor Hofbauer presented a Proclamation to Rosie Mainella declaring April as Child Abuse Awareness and Prevention Month in the City of Palmdale.

9.3) Mayor Hofbauer presented Certificates of Recognition to the Antelope Valley Futbol Club (AVFC) for winning the 2022 Cal South State Cup.

9.4) Mayor Hofbauer presented a Proclamation to Chancela Al-Mansour, Housing Rights Center declaring April 2022 as Fair Housing Month in the City of Palmdale.

9.5) Mayor Hofbauer presented William Warford with a Commendation and Plaque for 38 years of service to the Antelope Valley Press.
10) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.

Moved by Richard J. Loa, seconded by Juan Carrillo.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

11) PUBLIC COMMENTS
The following individuals provided public comments:

Marcos Alvarez expressed concerns regarding Homeland Security showing up at a SALVA event.

Dave Bowman commented on the authority of the Mayor's office, five districts, and public funding of elections.

Yvette Mullen requested that her application receive equal opportunity to host an event at the Palmdale Amphitheater.

Eugene Hernandez suggested a prime desert woodland area in the City of Palmdale.

Kendra Kuhnhofer spoke in opposition to a signal on Avenue N. and 60th Street West.

Nicole McMillan representing the AV Wellbeing Coalition reported on a business incubator space.

Ruth Sanchez reported that her food ban k provided meals for one hundred twenty - nine families. Ms. Sanchez also requested assistance to provide housing to homeless women.

Both Rosie Mainella and Pueblo Y Salud commented on the language for the smoking ban was not captured appropriately and requested the Ordinance be updated to reflect what was intended.

CC/SA/HA Minutes 04/06/2022 5
Magdy and Christine Hanna announced the opening of the Regency Palm Senior Living facility on Orchard View Place and Avenue Q. and invited Council to do a private walk through. The also requested help regarding a storm drain.

Angela Smith, Executive Director for the Regency Palm Senior Living facility introduced herself and thanked the City Council, Code Enforcement and Maintenance departments for cleaning the streets.

Steve Hill expressed concerns regarding a situation he experienced with the Los Angeles County Sheriff's Department and requested assistance from City officials.

12) HOUSING AUTHORITY CONSENT CALENDAR

12.1) Approve the License Agreement between Music and Kids and Housing Authority of the City of Palmdale for the Management of the Gabriel’s House Program. (Staff Reference: Director of Neighborhood Services Miller - Presented by Housing Manager Reyes)

12.2) Approve the minutes from previous meetings. (Staff Reference: Authority Secretary Smith)
Motion: Loa/Fraga-Saenz
Approve all items listed on the Housing Authority Consent Calendar.

Moved by Richard J. Loa, seconded by Christina Fraga Saenz.

Vote: Motion carried (7-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.

Eugene Hernandez expressed concerns regarding potential evictions, and requested rent control in the City of Palmdale.

Commissioner Fraga-Saenz announced the following:

Seasons of Service will be held on April 30, 2022 meeting up at 70th Street and Avenue S from 8:00am - 11:00am
SAVES Stamp Out Hunger will be held on May 12, 2022 from 11:00 am - 3:00 pm
Seasons of Service will be held on May 28, 2022 meeting up at 70th Street and Avenue R from 8:00am - 11:00am

13) ADJOURN HOUSING AUTHORITY
Mayor Hofbauer adjourned the Housing Authority meeting at 7:50 p.m.

14) CONSENT CALENDAR

14.1) Receive and file the monthly inves tment activity reports for February 2022. (Staff Reference: Finance Manager Kang)

14.2) Approve Second Amendment to professional services Agreement with Robert Half International, Inc. for an additional amount of $75,000 not to exceed amount of $125,000 for the term through June 30,2023 and approve the additional budget appropriation for $75,000 in the General Fund. (Staff Reference: Finance Manager Kang)

CC/SA/HA Minutes 04/06/2022 6

14.3) Approve the Measure AV Reserve Policy. (Staff Reference: Finance Manager Kang)

14.4) Adopt Resolution No. CC 2022 -044, A Resolution of the City Council of the City of Palmdale Requesting a New Full -Time Position and Amending the City’s Classification and Pay Plan for General Positions. (Staff Reference:

Human Resources Manager Nevarez)

14.5) Approve Agreement No. A -7865 with Innovative Concert Lighting, Inc. to provide lighting production and equipment services for the Palmdale Amphitheater, in an amount not to exceed $117,000 for a three year term with two one -year options. (Staff Reference: Director of Parks and Recreation Smith)

14.6) Approve Agreement No. A -7866 with Pacific West Sound, Inc. to provide sound production and event equipment services for the Palmdale Amphitheater, in an amount not to exceed $242,000 for a three year term with two on e-year options. (Staff Reference: Director of Parks and Recreation Smith).

14.7) Approve Third Amendment to the Agreement with Interwest Consulting Group for an amount, not to exceed $100,000. (Staff Reference: Director of Economic and Community Development Garibay)
Economic and Community Development - Building and Safety Division

14.8) Approve 4th Amendment to the Agreement with Bureau Veritas North America for an additional amount not to exceed amount of $120,000. (Staff Reference: Director of Economic and Community Development Garibay)

14.9) Approve the agreement with Karma Rescue, Inc. to administer a low or no cost spay and neuter program for Palmdale residents. (Staff Reference: Director of Neighborhood Services Miller - Presented by Public Safety Supervisor German)
Councilmember Bishop pulled this item for discussion. Council thanked staff for staying consistent and accomplishing this goal. Interim City Manager Perez stated this was accomplished by Measure AV funds.

Motion: Approve the agreement with Karma Rescue, Inc. to administer a low or no cost spay and neuter program for Palmdale residents.

Moved by Austin Bishop, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

14.10) Notice of Completion - Accept Public Improvements for Carmax located at northeast corner of 5th Street West and Technology Drive. (Staff Reference:

Director of Public Works Heffernan)
Councilmember Bishop pulled this item for discussion and recused himself.

Motion: Accept Public Improvements for Carmax located at northeast corner of 5th Street West and Technology Drive.

Moved by Richard J. Loa, seconded by Juan Carrillo.

CC/SA/HA Minutes 04/06/2022 7

Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Laura Bettencourt.

14.11) Award Construction Contract with Alfaro Communications Construction, Inc. for PN 670, Palmdale Blvd. and 15th St. East Intersection Improvement Project, in the amount of $648,250.60, for a term of 100 calendar days. (Staff Reference: Director of Public Works Heffernan - Presented by Deput y Director Works Glidden)

14.12) Notice of Completion - Accept Completed Project with America Landscape Inc. for PN 758, Avenue S LMD Landscape Enhancement. (Staff Reference:

Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

14.13) Award Construction Agreement with ACCO Engineered Systems for PN 759, Palmdale Playhouse HVAC Replacement Phase 2, in the amount of $369,007.49, for a term of 7 months from the date of notice to proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

14.14) Approve Amendment No. 3 for PN 795, Sam Yellen Park, Phase II, with KTUA in the amount of $182,665. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden) Councilmember Carrillo pulled this item for discussion. Depu ty Director of Public Works Glidden provided a brief overview of the staff report and recommended that the amendment be approved with Public Works being able to revisit and bring back to Council again.

Motion: Approve Amendment No. 3 for PN 795, Sam Yellen Park, Phase II, with KTUA in the amount of $182,665 with the provision that further discussion and exploration occur with Councilmember Carrillo, staff, and interested parties. Moved by Steven Hofbauer, seconded by Juan Carrillo.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

14.15) Award Construction Agreement with New Art Construction, Inc., for PN 837, IT Server Room Uninterruptable Power Supply, located at 38300 Sierra Highway, in the amount of $208,000 for a term of 18 weeks. (Staff Reference:

Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

14.16) Adopt Resolution No. CC 2022 -028, a Resolution of the City Council of the City of Palmdale, approving Joint Resolution of the Board of Supervisors of the County of Los Angeles, the Board of Directors of the Antelope Valley Cemetery District, the Board of Trustees of the Antelope Valley Mosquito and Vector Control District, the Board of Direct ors of County Sanitation District No. 14 of Los Angeles County, the Board of Directors of Antelope Valley Resource Conservation District, the City Council of the City of Palmdale, and the Board of Directors of the Antelope Valley -East Kern Water Agency approving and accepting the negotiated exchange of property tax revenues CC/SA/HA Minutes 04/06/2022 8
resulting from annexation of property designated as Annexation 40-153 (34- 44), local agency Formation Commission Designation 2021 -02, to the Los Angeles County Waterworks District No. 40 , Antelope Valley. (Staff Reference: Director of Public Works Heffernan)

14.17) Adopt Resolution No. CC 2022 -023, a Resolution of the City Council of the City of Palmdale approving the application for Local Streets and Roads Funds authorized under Article 8 of th e Transportation Development Act. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

14.18) Approve Final Tract Map No. 60431 -01 (located at the southwest corner of Avenue M -8 and 70th Street West). (Staff Reference: Director of Public Works Heffernan)

14.19) Approve the minutes from the previous meetings. (Staff Reference: City Clerk/Agency Secretary Smith)

CC - February 16, 2022
CC/SA - March 2, 2022
CC - March 7, 2022

Motion: Approve all items on the Consent Calendar with the exception of 14.9,

14.10, and 14.14.

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

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

15) PUBLIC HEARING

15.1) Public Hearing and review of proposed Resolution No. CC 2022 -031 for adoption. (Staff Reference: Director of Economic and Community Development Luis Garibay - Presented by Eric Norris)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE DENYING APPEAL 22 -001 AND UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 22 -001 FOR THE IMPLEMENTATION OF PLANNED DEVELOPMENT DOCUMENT 21-
001 AND VESTING TENTATIVE TRACT MAPS 51604, 51605, 51606, 51607, 52093, and 52116

15.2) Adopt Resolution No. CC 2022-029, a Resolution of the City Council of the City of Palmdale approving Interim Agreement associated with Ritter Ranch Master Planned Community and Community Facilities District No. 93-1 (Ritter Ranch) and actions referenced to therein. (Staff Reference: Director of Public Works Heffernan)

15.3) Public Hearing and Review of Proposed Ordinance No. 1579 for adoption. (Staff Reference: Interim City Manager Perez) ORDINANCE NO. 1579, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE , CALIFORNIA, TO ENSURE PALMDALE’S ELECTIONS COMPLY WITH THE CALIFORNIA VOTING RIGHTS ACT; AMENDING SECTIONS 2.080.10,

2.08.020, 2.08.030, 2.08.060, 4.10.010, 4.10.020, 4.11.010 and CC/SA/HA Minutes 04/06/2022 9

4.11.020 OF THE PALMDALE MUNICIPAL CODE, ADDING SECTION

4.10.030 TO THE PALMDALE MUNICIPAL CODE, REPEALING
SUBDIVISIONS (B) AND (C)(2) OF SECTION 2.08.025 OF THE PALMDALE

MUNICIPAL CODE, ESTABLISHING DISTRICT -BASED ELECTIONS,

DEFINING DISTRICT BOUNDARIES, AND SCHEDULING DISTRICT

ELECTIONS
Interim City Manager Perez provided a brief overview of the staff report.

Mayor Hofbauer opened the Public Hearing.

The following individuals provided public comments.

Kevin Shenkman applauded the City Council and City Manager for expeditiously accomplishing an excellent district map and moving the City of Palmdale forward.

David Bowman expressed his views on the adoption of the maps and rotating mayor.

Michael Rives encouraged Council to submit the matter of the fifth district and a rotating mayor to the voters.

Debbie Kosel and Amanda Palmer commented in favor of the constituents having the right to vote for a mayor.

Xavier Flores, ALVA, shared his views on the redistricting process.

Ruth Sanchez commented regarding fair representation of all Palmdale citizens.

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

A motion was made and carried unanimously to introduce Ordinance No. 1579. Motion: Adopt Ordinance No. 1579.

Moved by Juan Carrillo, seconded by Laura Bettencourt.

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

No: Steven Hofbauer.

16) NEW BUSINESS

16.1) Approve the First Amendment to Employment Agreement Between the City of Palmdale and Interim City Manager, Ronda Perez. (Staff Reference: Human Resources Manager Nevarez)
Motion: Approve the First Amendment to Employment Agreement with Interim City Manager Perez with proposed additional language to paragraph 1.

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

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J. Loa, Juan Carrillo, Austin Bishop, Laura CC/SA/HA Minutes 04/06/2022 10
Bettencourt.

16.2) Approve the first amendment to employment agreement No. A-7065 between the City of Palmdale and Christopher Beck, City Attorney (Staff Reference:

Human Resources Manager Nevarez)
Item 16.2 was tabled by Council.

17) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON

THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT

PUBLIC EXPENSE

17.1) COMMITTEE MEMBERSHIPS.
• ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT -
Councilmember Bishop reported the AVAQMD is making some changes to the alternative fuel program.
• ANTELOPE VALLEY TRANSIT AUTHORITY - Mayor Pro Tem Loa attended a celebration on March 16, 2022 recognizing AVTA for being the first all electric zero emissions transit agency in North America. • LOS ANGELES COUNTY SANITATION DISTRICT - Mayor Hofbauer attended the Sanitation District meeting.
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
REGIONAL COUNCIL - Mayor Pro Tem Loa attended the SCAG meeting on April 7th and reported on the 2023 Active Transportation Program Guidelines and call for projects. Mike Behen reported on the $650M grant program and stated applications are due by June 15, 2023.

Mayor Pro Tem Loa announced he attended the Antelope Valley Hispanic Chamber 25th Anniversary Gala on March 4th, 2022.

Councilmember Carrillo reported attending the grand opening for Dutch Bros coffee shop.

Councilmember Bishop reported meeting with the Anaverde community regarding illegal dumping and semi-truck parking.

Councilmember Bettencourt announced she attended the V et 4 Veterans, Homes 4 Families Builder's Ball, Welcome Home Vets for Veterans, and the You Matter event.

Mayor Hofbauer attended the National Defense Cities meeting.

17.2) MEETINGS ATTENDED AT PUBLIC EXPENSE
18) CITY MANAGER’S REPORT
Interim City Manager Perez stated City staff is working very hard to deliver projects.

She also announced the Children's Spring Fest and Egg Hunt that will take place at Marie Kerr Park on April 13th.

19) CITY COUNCIL REQUESTS FOR NEW AGENDA ITEMS

CC/SA/HA Minutes 04/06/2022 11
20) Adjournment
Mayor Hofbauer adjourned the meeting at 10:02 p.m., in honor of his mother, Marilyn Hofbauer, to April 20, 2022, at 7:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 4th day of May 2022.

Steven D. Hofbauer, Mayor

ATTEST;

Shanae S. Smith, City Clerk
CC Minutes 04/12/2022 1

MINUTES

CITY COUNCIL

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
APRIL 12, 2022

www.cityofpalmdale.org

11:00 A.M.
1) CALL MEETING TO ORDER
Mayor Pro Tem Loa called the meeting to order at 11:03am.

2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS

CARRILLO, BISHOP, BETTENCOURT
PRESENT: Richard J. Loa, Juan Carrillo, Austin Bishop.

ABSENT: Steven Hofbauer, Laura Bettencourt.

Motion: Excuse the absence of Councilmember Bettencourt.

Moved by Richard J. Loa, seconded by Juan Carrillo.

Vote: Motion carried (3-0)
Yes: Richard J. Loa, Juan Carrillo, Austin Bishop.

Absent: Steven Hofbauer, Laura Bettencourt.

3) PUBLIC COMMENTS
The following individuals provided public comments:

Garlenia Davis expressed concerns regarding Council conduct, Interim City Manager salary, and government transparency.

Jason Zink commented regarding the support of Lancaster City Council, campai gn reform, Interim City Manager salary, and the preservation of Paul Menthol Historic Park.

Marcos Alvarez encouraged Council support of Palmdale Pony baseball.

4) PRESENTATION BY CITY ATTORNEY

4. 1) This closed session is being held pursuant to the authority of California Government Codes Section 54957.

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Attorney

CC Minutes 04/12/2022 2
5) ANNOUNCEMENT BY CITY ATTORNEY
Three members of the Council were present, with Councilmember Bettencourt and Mayor Hofbauer absent.

On a 3 -0 motion, the Council directed staff to bring this item back along with labor negotiations on May 4, 2022. There was no further action on this item.

6) ADJOURN

Mayor Pro Tem Loa adjourned the meeting at 12:02 pm.

PASSED, APPROVED, and ADOPTED this 4th day of May 2022.

Steven D. Hofbauer, Mayor

ATTEST:

Shanae S. Smith, City Clerk
City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION

DISTRICT: ALL
SUBJECT: APPROVE NOMINATION FOR REAPPOINTMENT TO THE BOARD

OF LIBRARY TRUSTEES
ISSUE
Approve nomination for reappointment to the Board of Library Trustees.

RECOMMENDATION
Pursuant to Ordinance No. 1561, staff recommends the following nomination for reappointment to the Board of Library Trustees:

1. Reappoint the following individual to serve as Board of Library Trustee for a three- year term to expire on June 30, 2025.

1. Alan Henkin

BACKGROUND
The Library Board is made up of five (5) members, who are nominated by Mayor Hofbauer and approved by the City Council. The Board of Library Trustees operates under the Education Code and serve a three -year term and must be a resident of the City of Palmdale.

DISCUSSION
On June 30, 2022, one (1) Board of Library Trustee position is set to expire, and a vacant seat has become available due to the resignation of long -standing Trustee, President Pro Tem John Manning. A recruitment process has been initiated to fill the vacancy.

Trustee Alan Henkin had provided the City Clerk with written confirmation, expressing his intent to continue serving the City Council for a new term three-year term, set to expire on June 30, 2025.

Report to Mayor and City Council
Re: Approval of Library Board Reappointment
MAY 4, 2022

Page 2 ends

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

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

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Shanae S. Smith, City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS
None
CITY
OF

PALMDALE
COUNTY
OF
LOS

ANGELES
,

CALIFORNIA

ORDINANCE
NO
.
1561
AN

ORDINANCE
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF

PALMDALE

AMENDING
THE

PALMDALE

MUNICIPAL
CODE

SECTION

2.08 .
030

REGARDING

APPOINTMENTS
TO
BOARDS
AND

COMMISSIONS
BY
THE
CITY

COUNCIL

WHEREAS
,
On
July
2 ,
2008
,
the
City
Council
passed
and
adopted
Ordinance
No
.
1357
that
amended
Section

2.08 of
the
Palmdale
Municipal
Code
(
PMC
)
.

WHEREAS
,
PMC
Section

2.08 .
030
governs
the
manner
in
which
appointments
are
made
to
boards
and
commissions
of
the
City
Council
.

WHEREAS
,
The
method
and
manner
of
appointments
pursuant
to
the
amended
PMC

2.08 .
030
is
such
that
the
mayor
is
responsible
for
all
appointments
to
said
boards
and
commissions
,
with
ratification
by
the
City
Council
.

WHEREAS
,
Under
the
PMC

2.08 .
030
,
the
mayor
is
to
nominate
all
persons
to
boards
and
commissions
,
and
there
is
no
‘
second
’
required
for
such
nomination
.

WHEREAS
,
Under
the
PMC

2.08 .
030
,
city
council
members
do
not
have
the
ability
to
nominate
persons
to
boards
and
commissions
.

THE
CITY

COUNCIL
OF
THE
CITY
OF

PALMDALE
DOES
ORDAIN
AS

FOLLOWS
:

SECTION
1 .

Amend
Palmdale
Municipal
Code
Section

2.08 .
030
Repeal
and
replace
Palmdale
Municipal
Code
Section

2.08 .
030
to
read
as
follows
:

PMC

2.08 .
030
:

Appointments
to
Boards
,
Commissions
,
and
Committees
Unless
otherwise
specifically
provided
in
this
code
or
by
State
Law
,
the
City
Council
shall
make
all
appointments
to
boards
,
commissions
and
committees
of
the
City
as
follows
unless
otherwise
formed
by
Resolution
:

Ordinance
No
.
1561
Page
2 of
4 A
.

City
Council
boards
,
commissions
and
committees
shall
consist
of
a
minimum
of
five
members
,
of
whom
shall
be
nominated
by
each
City
Councilmember
and
the
Mayor
,
subject
to
approval
by
the
City
Council
for
appointment
.

All
members
shall
be
voting
members
of
the
board
,
commission
,
or
committee
.

No
member
shall
be
a
member
of
the
City
Council
.

It
is
preferable
that
City
Councilmember
’
s
appointee
reside
within
the
Councilmember
’
s
district
,
however
,
is
not
required
when
subject
matter
expertise
is
desirable
.

The
Mayor
may
nominate
an
individual
that
represents
the
City
at
large
whom
may
reside
in
any
district
.

Members
serve
at
the
pleasure
of
the
City
Council
and
may
be
removed
prior
to
the
expiration
of
their
term
by
a
vote
of
a
majority
of
the
members
of
the
City
Council
.

B
.

All
board
and
commission
vacancies
shall
be
advertised
,
seeking
volunteers
willing
and
desiring
to
be
appointed
to
fill
such
vacancies
.

Any
person
seeking
to
be
so
appointed
must
complete
and
submit
the
city
volunteer
application
,
together
with
any
other
information
requested
by
the
City
Council
as
appropriate
for
a
specific
board
or
commission
.

C
.

All
such
applications
shall
be
provided
to
the
Mayor
and
City
Council
for
review
,
who
shall
,
at
a
regularly
scheduled
City
Council
meeting
,
nominate
,
from
among
such
applicants
,
the
persons
whom
the
Mayor
and
a
City
Councilmember
desires
to
appoint
by
making
a
motion
which
need
not
be
seconded
^
for
each
such
appointment
.

D
.

If
the
nomination
by
the
Mayor
and
City
Councilmember
is
approved
by
a
majority
vote
of
the
City
Council
,
the
nominating
City
Councilmember
may
then
proceed
to
appoint
the
person
to
the
board
or
commission
under
consideration
.

E
.

If
the
specific
nomination
by
the
Mayor
and
/
or
City
Councilmember
is
not
approved
by
a
majority
vote
of
the
City
Council
,
the
City
Council
will
nominate
,
by
motion
,
a
different
candidate
until
someone
is
approved
by
majority
vote
of
the
City
Council
for
the
position
under
consideration
.

F
.

All
members
of
boards
,
commissions
and
committees
serve
at
the
pleasure
of
the
City
Council
and
are
subject
to
removal
by
a
majority
vote
of
the
City
Council
.

SECTION
2 .

Severability
.

If
any
section
,
subsection
,
subdivision
,
paragraph
,
sentence
,
clause
or
phrase
in
this
Ordinance
or
any
part
thereof
is
for
any
reason
held
to
be
unconstitutional
or
invalid
or
ineffective
by
any
court
of
competent
jurisdiction
,
such
decision
shall
not
affect
the
validity
or
effectiveness
of
the
remaining
portions
of
this
Ordinance
or
any
part
thereof
.

The
City
Council
hereby
declares
that
it
would
have
passed
each
section
,
subsection
,
subdivision
,
paragraph
,
sentence
,
clause
or
phrase
thereof
irrespective
of
the
fact
that
any
one
(
1 )
or
more
subsections
,
subdivisions
,
paragraphs
,
Ordinance
No
.
1561
Page
3 of
4 sentences
,
clauses
or
phrases
be
declared
unconstitutional
,
or
invalid
,
or
ineffective
,
provided
the
basic
purposes
of
this
Ordinance
and
the
benefits
to
the
City
and
the
public
are
not
substantially
impaired
.

SECTION
3 .

The
City
Council
finds
the
approval
of
this
ordinance
is
not
subject
to
the
California
Environmental
Quality
Act
(
"
CEQA
"
)
pursuant
to
CEQA
Guidelines
Sections
15060
(
c
)
(
2 )
(
the
activity
will
not
result
in
a
direct
or
reasonably
foreseeable
indirect
physical
change
in
the
environment
)
and
15060
(
c
)
(
3 )
(
the
activity
is
not
a
project
as
defined
in
Section
15378
)
of
the
CEQA
Guidelines
,
California
Code
of
Regulations
,
Title
14 ,
Chapter
3 ,
because
it
has
no
potential
for
resulting
in
physical
change
to
the
environment
,
directly
or
indirectly
.

Alternatively
,
the
City
Council
finds
the
approval
of
this
ordinance
is
not
a
project
under
CEQA
Regulation
Section
15061
(
b
)
(
3 )
because
it
has
no
potential
for
causing
a
significant
effect
on
the
environment
.

SECTION
4 .

The
City
Clerk
shall
certify
to
the
adoption
of
this
ordinance
and
shall
cause
this
ordinance
to
be
published
or
posted
as
required
by
law
.

PASSED
,

APPROVED
and

ADOPTED
this
2 nd
day
of
March
2021
^
.

Steven
D
.

Hofbauer
,
Mayor
Approved
as
to
form
:

ATTEST
/
>
m
mtF
-
Shanae
S
.

Smith
,
City
Clerk
Christopher
Beck
City
Attorney
,
Ordinance
No
.
1561
Page
4 of
4 I
,
Shanae
s
.

Smith
,
City
Clerk
of
Palmdale
,
California
,
do
hereby
certify
that
the
foregoing
Ordinance
was
duly
introduced
,
passed
,
approved
,
and
adopted
by
the
City
Council
of
the
City
of
Palmdale
at
a
regular
meeting
of
said
Council
held
on
the
2 nd
day
of
,
20 21
effective
on
the
1 st
day
of
April
March
,
2021
_
by
the
following
roll
call
vote
:

AYES
:

Bettencourt
,
Carrillo
,
Loa
,
Bishop
Hobauer
NOES
:

None
None

ABSTAIN
:

ABSENT
:
/
z
Date
:
/
Shanae
S
.

Smith
,
City
Clerk
City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION
DISTRICT: ALL
SUBJECT: APPROVE REAPPOINTMENTS OF PLANNING COMMISSIONERS

TO THE PLANNING COMMISSION
ISSUE
Approve nominations for reappointments to the Planning Commission.

RECOMMENDATION
Staff recommends pursuant to Palmdale Municipal Code Section 2.46.030 that the City Council ratify nominations for three (3) reappointments to the Planning Commission as follows:

1. Approve reappointment of the following individual nominated by Councilmember Austin Bishop to serve as Commissioner (District 1) on the Planning Commission for a new two-year term set to expire on June 30, 2024.

1. Christine Fraga-Saenz

2. Approve reappointment of the following individual nominated by Mayor Pro Tem Richard Loa to serve as the Commissioner (District 2) on the Planning Commission for a new two-year term set to expire on June 30, 2024.

1. Dean Henderson

3. Approve reappointment of the following individual nominated by Councilmember Juan Carrillo to serve as the Commissioner (District 4) on the Planning Commission for a new two-year term set to expire on June 30, 2024.

1. V. Jesse Smith
Report to Mayor and City Council
Re: Approval of Reappointments to the Planning Commission May 4, 2022

Page 2 ends

BACKGROUND
Pursuant to Palmdale Municipal Code Section 2.46.030, “The Planning Commission shall consist of five commissioners, four of whom shall be appointed from Planning Commission districts and one who shall be appointed at large. All Commissioners shall be voting members of the Planning Commission. No Commissioner shall be a member of the City Council. The four district Commissioners must be residents of the districts from which they are appointed. If a district Commissioner ceases to be a resident of the district from which he or she is appointed, that Commissioner’s appointment will automatically terminate. The at-large Commissioner must be a resident of the City. If the at-large Commissioner ceases to be a resident of the City, that Commissioner’s appointment will automatically terminate. Commissioners serve at the pleasure of the City Council and may be removed prior to the expiration of their term by a vote of a majority of the members of the City Council.”

DISCUSSION
The terms of current Districts, 1, 2, and 4 Planning Commissioners, Christine Fraga- Saenz, Dean Henderson and V. Jesse Smith are set to expire on June 30, 2022. Each Commissioner have provided the City Clerk with written confirmation, expressing their intent to continue serving the City Council for a new term two-year term set to expire on June 30, 2024.

FISCAL IMPACT
Commissioners receive $100 per meeting, a maximum of $200 per month.

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

C. Involve and expand engagement to enhance public oversight and transparency.

ATTACHMENTS
None.

City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY CLERK DIVISION

CITY MANAGER DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE NOMINATIONS FOR REAPPOINTMENT TO THE

GENERAL PLAN ADVISORY COMMITTEE
ISSUE
Approve nominations for reappointment of eleven Committee Members and one (1) Alternate Member to the General Plan Advisory Committee.

RECOMMENDATION
Pursuant Ordinance No. 1561, staff recommends that the City Council approve nominations for reappointment to the General Plan Advisory Committee (“Committee”) as follows:

Juan Blanco Patrick Hunt
Lourdes T. Everett, J.D. Sheri Kaneshiro
Theresa Hambro Teresa Lamping
Matthew Stephen Harris Deborah Rutkowski-Hines
Laura Gordon Jason Zink
Aurora Hernandez Colby Estes

BACKGROUND
In May 2019, the City of Palmdale formed the General Plan Advisory Committee (‘GPAC”), as part of its General Plan Update. The GPAC is comprised of the community representatives who meet and collaborate to provide community insight throughout the City’s general plan update process. Each member is a City of Palmdale resident and required to file a Statement of Economic Interest Form 700, in accordance with the Fair Political Practices Commission (“FPPC”).

Report to Mayor and City Council
Re: Approval of GPAC Reappointments
May 4, 2022

Page 2 ends

DISCUSSION
Since its inception, the Committee has met and conducted 18 meetings. Given that the General Plan Update project is anticipated to conclude in the Summer of 2022, the Committee is expected to meet two more times, once in June and once in July, prior to adoption of the document.

FISCAL IMPACT
There is no fiscal impact associated with this item, as member positions do not receive compensation for service.

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

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Shanae Smith, City Clerk
Certified as to availability of Funds: Janelle Samson, Finance Director Approved by: Ronda Perez, Interim City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Resolution No. CC 2019-046

2. Ordinance No. 1561

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTTON NO. CC 2019-046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

ESTABLISHING THE GENERAL PLAN ADVISORY COMMITTEE
(GPAC)
WHEREAS, as a part of the City of Palmdale's General Plan update, the City formed the General Plan Advisory Committee (GPAC). The GPAC is comprised of community representatives who will meet and collaborate to provide community insight through the general plan update process; and
WHEREAS, GPAC members must be a City of Palmdale resident, shall not receive compensation, and after appointment are required to file a Form 700 Statement of Economic lnterest Statement with the Office of the City Clerk. All GPAC members shall serve at the pleasure of the City Council; and WHEREAS, Palmdale Municipal Code Section 2.08.030 (B) states, "All such applications shall be provided to the Mayor for review, who shall, at a regularly scheduled City Council meeting, nominate, from among such applicants, the persons whom the Mayor desires to appoint by making a motion, which need not be seconded, for each such appointment." ln addition, Palmdale Municipal Code Section 2.08.030 (D) provides that if the nomination by the Mayor is not approved by a majority vote of the City Council, the Mayor will nominate, by motion, a different candidate until someone is approved by majority vote of the City Council for the position under consideration; and
WHEREAS, the Mayor considered the recommendations of each City Council member and the recommendations of the city staff selection committee from among such applicants in choosing his nominees for appointment.

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

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

Resolution No. CC 2019-046

Page 2 of 3 ends

SECTION 1. Ihe City Council of the City of Palmdale hereby appoints the following GPAC members by an affirmative vote of the City Council as follows:

1. Anthony Avila

2. Juan Blanco

3. Lourdes T. Everett, J.D.

4. Theresa Hambro

5. Matthew Stephen Hanis

6. Dean Henderson

7. Aurora Hernandez

8. DeborahRutkowski-Hines

9. Patrick J. Hunt

10. Sheri Kaneshiro

11. Teresa Lamping

12. Joseph Parisio

13. Jason Zink
Alternate No. 1: Laura Elaine Gordon
Alternate No. 2: Colby John Estes
SECTION 2.

The City Clerk shall certify to the adoption of thÌs resolution. pASSED, AppROVED and ADOpTED 1¡¡s 7th day of May , 2019 Approved as to formMayor n
Wm.Ditzhazy
City Attorney
Smith, City Clerk
Resolution No, CC 2019-046

Page 3 of 3 ends

l, Rebecca J, Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 7th day of May2019 by the following roll call vote:

AYESHofbauer, Bishop, Bettencouri, Carrillo, Loa
¡g¡g. None
ABSTAINNone
oate:'i(ar^ -Qlr 7>r1
ömith, City Clerk
CITY
OF

PALMDALE
COUNTY
OF
LOS

ANGELES
,

CALIFORNIA

ORDINANCE
NO
.
1561
AN

ORDINANCE
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF

PALMDALE

AMENDING
THE

PALMDALE

MUNICIPAL
CODE

SECTION

2.08 .
030

REGARDING

APPOINTMENTS
TO
BOARDS
AND

COMMISSIONS
BY
THE
CITY

COUNCIL

WHEREAS
,
On
July
2 ,
2008
,
the
City
Council
passed
and
adopted
Ordinance
No
.
1357
that
amended
Section

2.08 of
the
Palmdale
Municipal
Code
(
PMC
)
.

WHEREAS
,
PMC
Section

2.08 .
030
governs
the
manner
in
which
appointments
are
made
to
boards
and
commissions
of
the
City
Council
.

WHEREAS
,
The
method
and
manner
of
appointments
pursuant
to
the
amended
PMC

2.08 .
030
is
such
that
the
mayor
is
responsible
for
all
appointments
to
said
boards
and
commissions
,
with
ratification
by
the
City
Council
.

WHEREAS
,
Under
the
PMC

2.08 .
030
,
the
mayor
is
to
nominate
all
persons
to
boards
and
commissions
,
and
there
is
no
‘
second
’
required
for
such
nomination
.

WHEREAS
,
Under
the
PMC

2.08 .
030
,
city
council
members
do
not
have
the
ability
to
nominate
persons
to
boards
and
commissions
.

THE
CITY

COUNCIL
OF
THE
CITY
OF

PALMDALE
DOES
ORDAIN
AS

FOLLOWS
:

SECTION
1 .

Amend
Palmdale
Municipal
Code
Section

2.08 .
030
Repeal
and
replace
Palmdale
Municipal
Code
Section

2.08 .
030
to
read
as
follows
:

PMC

2.08 .
030
:

Ordinance
No
.
1561
Page
2 of
4 A
.

All
members
shall
be
voting
members
of
the
board
,
commission
,
or
committee
.

No
member
shall
be
a
member
of
the
City
Council
.

It
is
preferable
that
City
Councilmember
’
s
appointee
reside
within
the
Councilmember
’
s
district
,
however
,
is
not
required
when
subject
matter
expertise
is
desirable
.

The
Mayor
may
nominate
an
individual
that
represents
the
City
at
large
whom
may
reside
in
any
district
.

Members
serve
at
the
pleasure
of
the
City
Council
and
may
be
removed
prior
to
the
expiration
of
their
term
by
a
vote
of
a
majority
of
the
members
of
the
City
Council
.

B
.

All
board
and
commission
vacancies
shall
be
advertised
,
seeking
volunteers
willing
and
desiring
to
be
appointed
to
fill
such
vacancies
.

C
.

D
.

E
.

F
.

All
members
of
boards
,
commissions
and
committees
serve
at
the
pleasure
of
the
City
Council
and
are
subject
to
removal
by
a
majority
vote
of
the
City
Council
.

SECTION
2 .

Severability
.

SECTION
3 .

SECTION
4 .

The
City
Clerk
shall
certify
to
the
adoption
of
this
ordinance
and
shall
cause
this
ordinance
to
be
published
or
posted
as
required
by
law
.

PASSED
,

APPROVED
and

ADOPTED
this
2 nd
day
of
March
2021
^
.

Steven
D
.

Hofbauer
,
Mayor
Approved
as
to
form
:

ATTEST
/
>
m
mtF
-
Shanae
S
.

Smith
,
City
Clerk
Christopher
Beck
City
Attorney
,
Ordinance
No
.
1561
Page
4 of
4 I
,
Shanae
s
.

AYES
:

Bettencourt
,
Carrillo
,
Loa
,
Bishop
Hobauer
NOES
:

None
None

ABSTAIN
:

ABSENT
:
/
z
Date
:
/
Shanae
S
.

Smith
,
City
Clerk
City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION
DISTRICT: All
SUBJECT: APPROVE NOMINATIONS FOR REAPPOINTMENT TO THE MOBILE

HOME PARK RENTAL REVIEW BOARD
ISSUE
Approve nominations for reappointment to the Mobile Home Park Rental Review Board.

RECOMMENDATION
Pursuant to Ordinance No. 1561, staff recommends the following:

1. Approve reappointment of Debra Foley to serve as Board Member on the Mobile Home Park Rental Review Board for a new two-year term set to expire on June 30, 2024.

2. Approve reappointment of Diana Love to serve as Board Member on the Mobile Home Park Rental Review Board for a new two-year term set to expire on June 30, 2024.

BACKGROUND
The Mobile Home Park Rental Review Board (“Board”) consists of five (5) members. No member of the Board shall be a resident or owner of a mobile home park or an employee of a park owner; and no member shall have a financial interest (as defined by state law) in any mobile home or mobile home park, or have a parent, child, spouse or sibling with any such financial interest. Prior to his/her appointment to the Board, each member shall file a declaration to this effect with the City Clerk. As defined in Palmdale Municipal Code Section 5.44.030, Board members must have an ability to attend meetings, and have a basic knowledge of the guidelines of the Mobile Home Space Rent Control, Section 5.44 of the Palmdale Munici pal Code. Applicants should also possess a fundamental knowledge of business accounting (receivables, depreciation, capital expenditures, profit, and loss statements, etc.). All members shall be residents of the City. All members of the Board serve at the pleasure of the City Council, and any member may be removed, with or without cause, by a majority vote of the City Council. Board members serve a two-year term.

Report to Mayor and City Council
Approval of Reappointments to Mobile Home Park Rental Review Board May 4, 2022

Page 2 ends

DISCUSSION
Terms of the current Mobile Home Park Rental Review Board Members, Debra Foley and Diana Love are set to expire on June 30, 2022. Both Members have provided the City Clerk with written confirmation, expressing their intent to continue serving the City Council in this capacity for a new term two-year term set to expire on June 30, 2024.

FISCAL IMPACT
Board members receive $100 per meeting and the Chair receives $150 per meeting.

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

A. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Shanae Smith, City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda , Interim City Manager
Approved as to form: Christopher Beck, City Attorney
ATTACHMENTS:

1. Ordinance No. 1561
CITY
OF

PALMDALE
COUNTY
OF
LOS

ANGELES
,

CALIFORNIA

ORDINANCE
NO
.
1561
AN

ORDINANCE
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF

PALMDALE

AMENDING
THE

PALMDALE

MUNICIPAL
CODE

SECTION

2.08 .
030

REGARDING

APPOINTMENTS
TO
BOARDS
AND

COMMISSIONS
BY
THE
CITY

COUNCIL

WHEREAS
,
On
July
2 ,
2008
,
the
City
Council
passed
and
adopted
Ordinance
No
.
1357
that
amended
Section

2.08 of
the
Palmdale
Municipal
Code
(
PMC
)
.

WHEREAS
,
PMC
Section

2.08 .
030
governs
the
manner
in
which
appointments
are
made
to
boards
and
commissions
of
the
City
Council
.

WHEREAS
,
The
method
and
manner
of
appointments
pursuant
to
the
amended
PMC

2.08 .
030
is
such
that
the
mayor
is
responsible
for
all
appointments
to
said
boards
and
commissions
,
with
ratification
by
the
City
Council
.

WHEREAS
,
Under
the
PMC

2.08 .
030
,
the
mayor
is
to
nominate
all
persons
to
boards
and
commissions
,
and
there
is
no
‘
second
’
required
for
such
nomination
.

WHEREAS
,
Under
the
PMC

2.08 .
030
,
city
council
members
do
not
have
the
ability
to
nominate
persons
to
boards
and
commissions
.

THE
CITY

COUNCIL
OF
THE
CITY
OF

PALMDALE
DOES
ORDAIN
AS

FOLLOWS
:

SECTION
1 .

Amend
Palmdale
Municipal
Code
Section

2.08 .
030
Repeal
and
replace
Palmdale
Municipal
Code
Section

2.08 .
030
to
read
as
follows
:

PMC

2.08 .
030
:

Ordinance
No
.
1561
Page
2 of
4 A
.

All
members
shall
be
voting
members
of
the
board
,
commission
,
or
committee
.

No
member
shall
be
a
member
of
the
City
Council
.

It
is
preferable
that
City
Councilmember
’
s
appointee
reside
within
the
Councilmember
’
s
district
,
however
,
is
not
required
when
subject
matter
expertise
is
desirable
.

The
Mayor
may
nominate
an
individual
that
represents
the
City
at
large
whom
may
reside
in
any
district
.

Members
serve
at
the
pleasure
of
the
City
Council
and
may
be
removed
prior
to
the
expiration
of
their
term
by
a
vote
of
a
majority
of
the
members
of
the
City
Council
.

B
.

All
board
and
commission
vacancies
shall
be
advertised
,
seeking
volunteers
willing
and
desiring
to
be
appointed
to
fill
such
vacancies
.

C
.

D
.

E
.

F
.

All
members
of
boards
,
commissions
and
committees
serve
at
the
pleasure
of
the
City
Council
and
are
subject
to
removal
by
a
majority
vote
of
the
City
Council
.

SECTION
2 .

Severability
.

SECTION
3 .

SECTION
4 .

The
City
Clerk
shall
certify
to
the
adoption
of
this
ordinance
and
shall
cause
this
ordinance
to
be
published
or
posted
as
required
by
law
.

PASSED
,

APPROVED
and

ADOPTED
this
2 nd
day
of
March
2021
^
.

Steven
D
.

Hofbauer
,
Mayor
Approved
as
to
form
:

ATTEST
/
>
m
mtF
-
Shanae
S
.

Smith
,
City
Clerk
Christopher
Beck
City
Attorney
,
Ordinance
No
.
1561
Page
4 of
4 I
,
Shanae
s
.

AYES
:

Bettencourt
,
Carrillo
,
Loa
,
Bishop
Hobauer
NOES
:

None
None

ABSTAIN
:

ABSENT
:
/
z
Date
:
/
Shanae
S
.

Smith
,
City
Clerk
City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT – PLANNING

DIVISION
DISTRICT: 1
SUBJECT: ADOPT RESOLUTION NO. CC 2022-045, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING
DENSITY BONUS AGREEMENT 22 -001 (A -7830) ASSOCIATED
WITH THE CONSTRUCTION OF A 70 -UNIT MULTI -FAMILY

RESIDENTIAL DEVELOPMENT ON AN APPROXIMATELY FOUR

AND A HALF ACRE VACANT PARCEL LOCATED AT THE
SOUTHWEST CORNER OF 25TH STREET EAST AND EAST
AVENUE Q-4 (APN: 3018-014-074)
ISSUE
Should City Council adopt Resolution No. CC 2022-045, a Resolution of the City Council of the City of Palmdale approve Density Bonus Agreement (DBA) 22-001 (A-7830)?

RECOMMENDATION
The Planning Commission recommends that the City Council:

1. Adopt Resolution No. CC 2022 -045 approving the agreement for DBA 22 -001 (A-7830); and,

2. Authorize the City Manager or her designee to execute Agreement No. A-7830, with JCL Development, LLC, including minimal or non-substantive changes.

BACKGROUND
On April 14, 2022, the Planning Commission adopted Resolution No. PC -2022-017 approving Site Plan Review (SPR) 22 -003, finding that the project is exempt from environmental review and recommending that the City Council approve DBA 22-001 (A- 7830). SPR 22 -003 includes the construction of eight, two-story multi-family buildings with a total of 70 units, including one manager’s unit. One hundred percent of the units, with the exception of the manager ’s unit, will be available to households with incomes that do not exceed the maximum income of low -income households in Los Angeles County as determined by the California Department of Housing and Community Report to Mayor and City Council
Re: Resolution No. CC 2022-045
May 4, 2022

Page 2 ends

Development. The request includes four concessions from the development standards as allowed by State Density Bonus Law (California Government Code Section 65915).

DISCUSSION
The project site has a General Plan land use designation of MFR (Multi-family Residential,

10.1 to 16 dwelling units per acre) and is within the R-3 (Multiple Family Residential) zone.

The project site is approximately four and a half acres and therefore the minimum density for the site is 44 units and the maximum density is 71 units. Density Bonus Law requires that, when 100 percent of all units (excluding managers units) are for lower income households, the City must grant an 80 percent density bonus over the base density, which would allow an additional 57 units for this development. Although the maximum density for the project site is 128 units, the residential development does not require an increased density and the applicant proposes to construct a total of 70 units.

The owner has requested cost-saving concessions in accordance with Government Code Section 65915, et seq. and PMC Section 17.25.110, as follows:

1. To allow reduction of required open space from 30% to 15%.

2. To allow reduction of required private open space from 200 square feet per unit to 150 square feet per unit.

3. To increase the maximum travel distance from assigned parking stalls to unit entrances from 150 feet to 250 feet.

4. To allow reduction of the setback along both 25th Street East and East Avenue Q-4 from 20 feet to 10 feet.

The Housing Division has determined that granting the concessions listed above will result in actual and identifiable cost reductions to provide for affordable housing. In addition, the proposed project will contribute to the City’s Regional Housing Needs Assessment (RHNA) allocation.

FISCAL IMPACT
The applicant submitted the required application fees for processing of the applications and the development will be subject to the payment of development impact fees. Long- term fiscal impacts will include the cost of providing public services to the development.

Report to Mayor and City Council
Re: Resolution No. CC 2022-045
May 4, 2022

Page 3 ends

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work, and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Luis Garibay, Director of Economic and
Community Development
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Resolution No. CC 2022-045

2. Density Bonus Agreement 22-001 (A-7830)

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-045

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING DENSITY BONUS AGREEMENT 22-001 (A-7830) ASSOCIATED WITH THE CONSTRUCTION OF A 70-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT ON

AN APPROXIMATELY FOUR AND A HALF ACRE VACANT PARCEL LOCATED AT THE SOUTHWEST CORNER OF 25TH STREET EAST AND EAST AVENUE Q-4 (APN: 3018-014-074)
WHEREAS, JCL Development, LLC has filed an application requesting the approval of Density Bonus Agreement (DBA) 22-001 (A-7830) described herein (herein referred to as “Application”);
WHEREAS, the Application applies to the construction of an affordable multi- family residential development located on approximately four and a half acres, referred to on the Los Angeles County Assessor’s roles as APN 3018-014-074, legally described in Exhibit I hereto and shown on the map attached hereto as Exhibit II.

WHEREAS, on April 14, 2022, the Planning Commission of the City of Palmdale reviewed the proposed project, approved Site Plan Review 22-003, found the project to be exempt from California Environmental Quality Act review, and recommended City Council approval of the Application.

WHEREAS, on May 4, 2022, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date. Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated May 4, 2022.

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

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

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct.

SECTION 2 . Based upon substantial evidence presented to the City Council during the May 4, 2022, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The proposed density bonus agreement is consistent with the maps and policies of the General Plan and any applicable specific plan.

Resolution No. CC 2022-045

Page 2 of 5 ends

The proposed project involves the construction of a 70-unit affordable multi-family residential development. The project is consistent with applicable goals, policies and objectives of the General Plan because it is consistent with the General Plan Housing Element Goal H1, Promote the construction of new housing affordable to all income groups . The project site has a General Plan land use designation of MFR (Multi-family
Residential), which allows for 10.1 to 16 dwelling units per acre.

Per State Density Bonus Law, when 100 percent of all units (excluding managers units) are reserved for low-income
households, the City must grant an 80 percent density bonus over the base density, which would allow an additional 57 units for this development. Although the maximum density for the project site is 128 units, the residential development does not require an increased density and the applicant proposes to construct a total of 70 units. Of the 70 units proposed, 100 percent of the units are required to be reserved for low-income households, with the exception of the manager’s unit. Furthermore, Density Bonus Law allows for granting of concessions to the development standards in order to achieve cost-savings in the production of affordable housing. With the exception of the concessions related to private open space, common open space, travel distance to parking, and setbacks, the project will comply with the development standards for multi-family housing within the R-3 zone.
(b) The proposed density bonus agreement complies with the requirements of California Government Code Section 65915 et. seq.

The project site has a General Plan land use designation of MFR (Multi-family Residential, 10.1 to 16 dwelling units per acre) and is within the R-3 (Multiple Family Residential) zone. The project site is approximately four and a half acres and therefore the minimum density for the site is 44 units and the maximum density is 71 units.

Density Bonus Law requires that, when 100 percent of all units (excluding managers units) are for lower income households, the City must grant an 80 percent density bonus over the base density, which would allow an additional 57 units for this development.

Although the maximum density for the project site is 128 units, the residential development does not require an increased density and the applicant proposes to construct a total of 70 units.

Resolution No. CC 2022-045

Page 3 of 5 ends

The owner has requested cost-saving concessions in accordance with Government Code Section 65915, et seq. and PMC Section

17.25.110, as follows:

1. To allow reduction of required open space from 30% to 15%.

2. To allow reduction of required private open space from 200 square feet per unit to 150 square feet per unit.

3. To increase the maximum travel distance from assigned parking stalls to unit entrances from 150 feet to 250 feet.

4. To allow reduction of the setback along both 25 th Street East and East Avenue Q-4 from 20 feet to 10 feet.
(c) All waivers and/or concessions granted in conjunction with the proposed density bonus are necessary in order to make the project’s affordable units economically feasible.

The Housing Division has analyzed the pro forma prepared for the project and has concluded that the granting of the proposed concessions will result in actual and identifiable cost reductions to provide affordable housing. State Density Bonus Law allows for the granting of concessions as a cost reduction measure to balance the difference between providing affordable housing versus providing market rate housing.
(d) The granting of the proposed density bonus will result in provision of housing for lower income households and/or persons with special needs, as identified in the Housing Element.

The project will make 100 percent of the total number of units (excluding the managers units) available to low-income households as further described within DBA 22-001 (A-7830). Section 65915 of the California Government Code requires local governments to grant an 80 percent density bonus to housing projects in which all of the units (other than manager’s units) are restricted to very low-, low- and moderate-income residents, with a maximum of 20 percent restricted to moderate income units. The granting of the DBA will result in provision of housing for low-income households Resolution No. CC 2022-045

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and a breach of the subject DBA constitutes a violation of the PMC, subject to enforcement by all legally available means.
(e) The granting of the proposed density bonus will not have an adverse impact on adjacent properties or on the general public.

Although the maximum density for the project site is 128 units, the residential development does not require an increased density and the applicant proposes to construct a total of 70 units. Of the 70 units proposed, 100 percent of the units are required to be reserved for low-income households. The design of the affordable housing development will conform to development standards related to maximum building height, and therefore, the project will appear no larger than the development in the surrounding neighborhood. The development consists of eight, two-story multi-family buildings, which ensures consistency with the massing and height of the residential development in the immediate area.

SECTION 3. Based on the findings and conclusions set forth in the above Sections, and based on all other evidence in the record, the City Council hereby approves DBA 22-001 (A-7830).

Resolution No. CC 2022-045

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SECTION 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 4th day of May 2022.
_________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Christopher L. Beck, City Attorney Shanae S. Smith, City Clerk I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4 th day of May 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date:

Shanae S. Smith, City Clerk

EXHIBIT I
LEGAL DESCRIPTION FOR DBA 22-001

THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF LOS ANGELES, CITY OF PALMDALE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE EAST HALF OF LOT 1 OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

PALMDALE, ACCORDING TO THE OFFICIAL PLAT OF THE SURVERY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT.

APN: 3018-014-074

EXHIBIT II
AERIAL MAP FOR DBA 22-001

)
)
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
APN: 3018-014-074

DENSITY BONUS HOUSING AGREEMENT
Juniper Valley Townhomes
THIS DENSITY BONUS HOUSING AGREEMENT (“Agreement”) dated as of , 2022, is entered into by and between the City of Palmdale, a municipal corporation of the State of California (“City”), and Juniper Valley Associates, L.P., a California limited partnership and/or its assigns (“Owner”), as follows:

RECITALS
A. Owner is the owner of a fee interest in certain real property located in the City of Palmdale, County of Los Angeles, State of California, identified as APN 3018- 014- 074, located at the intersection of 25th Street East and Avenue Q-4 and legally described in Exhibit“A” attached hereto and incorporated by reference (“Property”).

B. Owner will construct a 70-unit affordable housing development, with eight residential buildings and included amenities (“Residential Development”). The project provides for units of varying types, two- and three-bedroom townhome units. The project will provide at least 105 parking stalls onsite.

C. Owner proposes construction of a rental housing development of 70 units for very low income and low-income individuals and families. One hundred percent (100%) of the units, with the exception of the manager’s unit, will be available to and occupied by households whose incomes do not exceed the maximum income of low income households in Los Angeles County as determined by the California Department of Housing and Community Development.

OFFICIAL BUSINESS )
Document entitled to free )
Recording per Government )
Code Section 27383 )

RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City of Palmdale )
38300 Sierra Highway, Suite C )
Palmdale, CA 93550 )
Attn: City Clerk )
Density Bonus Housing Agreement
Juniper Valley Townhomes
APN: 3018-014-074
Agreement No. A-7830

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D. Under Government Code Section 65915, et seq. and Palmdale Municipal Code, Section 17.25.110, the City must, upon the request of an applicant, grant a density bonus and/or certain incentives/concessions or waivers/modifications for any development applicant that seeks and agrees to construct a minimum number of housing units that are affordable to low or very low income households (“Density Bonus Law”).

E. The subject site has a General Plan Land Use Designation of MFR (10.1- 16 dwelling units per acre) and is zoned R-3 (16 dwelling units per acre). The Property is

4.44 acres allowing 71 units to be developed on the Property. The Residential Development does not require a density bonus. Density Bonus Law requires that because 100% of the resident units in the Residential Development will be affordable to “lower income households” per section 50079.5 of the California Health and Safety Code, Government Code section 65915(d)(2)(D) entitles the Residential Development to four incentives or concessions. Density Bonus Law requires the City to grant to the Residential Development parking ratios that do not exceed 1 space per studio or one bedroom unit, 1.5 spaces per two bedroom or three bedroom unit, or 2.5 spaces per four bedroom unit. Therefore, Density Bonus Law requires the City to permit the Residential Development’s proposed parking ratio of 1.5 spaces per unit. In addition, in order to provide for affordable housing cost of the low-income units, Owner has requested cost- saving concessions in accordance with Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.110, as follows:
a. To allow reduction of required open space from 30% to 15%. b. To allow reduction of required private open space from 200 square feet per unit to 150 square feet per unit.
c. To increase the maximum travel distance from assigned parking stall to unit entrances from 150 feet to 250 feet.
d. To allow reduction of the setback along both 25 th Street East and East Avenue Q-4 from 20 feet to 10 feet.

F. City and Owner enter into this Agreement pursuant to and in accordance with Government Code Section 65915, et seq ., and Section 17.25.110 of the Palmdale Municipal Code, in order to provide housing for lower income households.

G. The City finds that granting the concessions listed under Section E, above, will result in actual and identifiable cost reductions to provide for affordable housing cost, will not have an adverse impact upon public health and safety, the physical environment, or any property that is listed in the California Register of Historical Resources, and is consistent with state and federal law. The City also finds that the Residential Development is consistent with the General Plan.

NOW, THEREFORE , in consideration of the mutual covenants and provisions Density Bonus Housing Agreement
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Agreement No. A-7830

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contained herein, the parties agree as follows:

AGREEMENT

1. Recitals. The Recitals set forth above are true and correct, and incorporated herein.

2. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereafter specified:
a. “Adjusted for Household Size Appropriate for the Unit” means a household of two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit and four persons in the case of a three-bedroom unit.
b. “Affordable Rent” means a rent that, when added to the Utility Allowance, does not exceed thirty (30) percent of seventy (70) percent of the Area Median Income, Adjusted for Household Size Appropriate for the Unit. Affordable Rent shall be applicable for all of the Affordable Units, as provided in Section 5 of this Agreement. c. “Affordable Units” means a dwelling unit that will be offered for rent exclusively to an Income Eligible Household at an Affordable Rent pursuant to this Agreement.
d. “Area Median Income” means Los Angeles County area median income as determined annually and published in Title 25, California Code of Regulations, Section 6932, by the California Department of Housing and Community Development.
e. “Director” means City’s Department of Neighborhood Services Director, or his or her designee.
f. “Income Eligible Household” means a Low Income Household which is eligible to rent a particular Affordable Unit.
g. “Low Income Household” shall have the meaning ascribed to “lower income households” under California Health and Safety Code Section 50079.5. The upper income limit for Low Income Households shall be the income limits for such households published annually by the CaliforniaDepartment of Housing and Community Development with adjustments for household size.
h. “Management Plan” means a plan prepared by the Owner and approved by the Director describing in detail the management of the Affordable Units, including marketing of the Affordable Units, tenant selection criteria and process, waiting list management, Density Bonus Housing Agreement
Juniper Valley Townhomes
APN: 3018-014-074
Agreement No. A-7830

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application of Utility Allowances in setting Affordable Rents, and similar details of the operation, annual monitoring inspections and file review, and a schedule of initial rents.
i. “Occupancy Date” means the earlier to occur of (i) issuance of a Certificate of Occupancy by the City or (ii) issuance of a Temporary Certificate of Occupancy by the City.
j. “Owner” means the person or entity defined as such in the introductory paragraph of this Agreement and includes all successors and assigns of that person or entity.
k. “Property” shall have the meaning defined in Recital “A,” as more particularly described in Exhibit “A” attached hereto and incorporated herein.
l. “Residential Development” shall have the meaning given in Recital “B”.
m. “Utility Allowance” means an amount designated annually by the City as a reasonable estimate of the cost of utilities for the Affordable Unit, for purposes of calculating the applicable Affordable Rent.

3. Approvals. The Residential Development shall be developed in accordance with all applicable provisions of the Palmdale Municipal Code.

4. Affordable Units. Owner hereby covenants and agrees that one hundred percent (100%) of the units in the Residential Development (69 units) shall be rented exclusively to Low Income Households, at an Affordable Rent.

5. Affordable Rents. Affordable Rents for Affordable Units, including Utility Allowances, shall be based upon the Area Median Income and consistent with California Government Code Section 65915(c)(B)(ii) such that rents for (a) not less than 20 percent of the Affordable Units shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code, and (b) the remaining Affordable Units shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee, in each case as Area Median Income may be amended from time to time. Affordable Rents may not be increased more frequently than annually to reflect increases in Area Median Income.

6. Term of Affordability Covenants. The covenants to restrict the rental of the Affordable Units in accordance with this Agreement shall remain in effect for a term commencing on the Occupancy Date and continuing for fifty-five (55) years (“Term”). Prior to recording of this Agreement, Owner must deliver to the City a Lenders Consent and Subordination Agreement (“Lender Consent”), in the form appended to this Agreement, from each lender that will hold a security interest in the Property. Such Lender Consents shall be recorded as a substantive part of this Agreement.

Density Bonus Housing Agreement
Juniper Valley Townhomes
APN: 3018-014-074
Agreement No. A-7830

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7. Management Plan. The Owner shall submit the Management Plan for the Director’s consideration and approval at least one hundred eighty (180) days prior to the date that the Owner applies for a certificate of occupancy for the Residential Development. Such approval shall not be unreasonably withheld. In addition to other components, the Management Plan shall contain the following:
a. Selection of Tenants.
i. Whenever an Affordable Unit becomes available, the Director shall be notified promptly in writing.
ii. Owner shall conduct affirmative marketing of the Affordable Units, as they become available from time to time, including wide circulation of information and public notice of the availability of Affordable Units for rent during the marketing period required by the Management Plan.
iii. Owner shall determine eligibility of Low Income Households that may lease the Affordable Units in accordance with the Management Plan.

8. Changes in Tenant Income. A tenant who initially qualified as a Low Income Household, but who, due to an increase in income, no longer qualifies as a Low Income Household shall pay as rent an amount that is the least of the amount thatwould be payable by the tenant under (i) low income housing tax credit regulations, (ii) State or local law or (iii) thirty percent (30%) of the household’s adjusted gross income.

9. Utilization of Affordable Rental Units. All Affordable Units required by this Agreement shall be leased or rented and fully utilized in accordance with this Agreement; notwithstanding any other provision of law to the contrary, no AffordableUnit shall be withdrawn from the market or otherwise held vacant.

10. No Sublease. A tenant occupying an Affordable Unit may not sublet the unit without the written permission of both Owner and City. The City shall not grant permission to lease, rent, or sublet the unit if it finds that the prospective tenant or occupant is not an Income Eligible Household. Any individual who subleases an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeitto City all monetary amounts so obtained.

11. Lease Agreement. A fully executed copy of the lease agreement for each Affordable Unit, which shall comply with the provisions of this Agreement, shall be delivered to the City’s Department of Neighborhood Services, Housing Division within ten (10) days after the date of its execution.

12. Maintenance of Units. Owner shall: (a) maintain and operate all units on the Property so as to provide decent, safe and sanitary housing consistent with federal housing quality standards and the Palmdale Municipal Code; (b) make any required repairs or provide any required cleanup; and (c) provide the Affordable Units with the same levels of services and maintenance as are provided to any of the other dwelling Density Bonus Housing Agreement
Juniper Valley Townhomes
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Agreement No. A-7830

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units on the Property.

13. Annual Report. Owner shall maintain complete and accurate records pertaining to the Affordable Units, and shall prepare and provide the Director with a written annual report commencing one year after the Occupancy Date and continuing every year for fifty-five (55) years, regarding the rental status of the units. The report shall include information regarding the name, address and income of each resident of the Affordable Units, identify the number of bedrooms of the unit and the monthly rent paid by the tenant.

Concurrently with the submittal of each annual report to the City, Owner shall pay a monitoring fee to the City in the amount of One Thousand Four Hundred Fifty Dollars ($1,450) with a maximum increase of 2% per year to defray the City’s cost of monitoring Owner’s compliance with this Agreement. Owner’s failure to make such payment will be a default under this Agreement.

14. Federal and State Laws. Notwithstanding the above provisions, nothing contained herein shall require Owner or City to do anything contrary to or refrain from doing anything required by Federal and State laws and regulations promulgated thereunder applicable to the construction, management, maintenance, and rental of Affordable Units in the City of Palmdale.

15. Prohibition Against Discrimination. Owner shall not discriminate against any tenant or potential tenant on the basis of sex, color, race, ethnicity, religion, ancestry, national origin, age, pregnancy, marital status, family composition, sexual orientation, or the potential or actual occupancy of minor children. Owner further agrees to take affirmative action to ensure that no such person is discriminated against for any of the above-mentioned reasons.

16. Indemnification. Owner shall defend, indemnify and hold harmless the City of Palmdale and its officers, agents, employees, representatives and volunteers from and against any loss, liability, claim or judgment relating solely to this Agreement, including those Claims that arise out of either: (a) a breach of this Agreement by Owner; (b) related in any manner to the Owner’s administration of this Agreement; or (c) arising out of the City’s interest in this Agreement or Affordable Units. This indemnification shall not apply to Claims arising out of the negligence or willful misconduct of the City,its officers, agents, employees, representatives or volunteers.

17. City’s Right to Inspect Units and Documents. The City may inspect the Affordable Units (subject to the tenant’s privacy rights and lease provisions) and any documents or records relating thereto, at any reasonable time to determine Owner’s compliance with this Agreement.

Density Bonus Housing Agreement
Juniper Valley Townhomes
APN: 3018-014-074
Agreement No. A-7830

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18. Successors and Assigns. This Agreement and its covenants andconditions shall run with the land and be binding upon and inure to the benefit of City and Owner, and their respective successors, owners by deed, deed-in-lieu of foreclosure, foreclosure or otherwise, and assigns. City reserves the right to designate another public agency within the City of Palmdale to perform City’s obligations or to exercise City’s rights under this Agreement.

19. Notices. All notices required herein shall be sent by certified mail, return receipt requested or express delivery service with a delivery receipt and shall be deemed to be effective on the date received or the date delivery was refused as indicated on the return receipt, as follows:

To Owner: Juniper Valley Associates, L.P.
9 Cushing
Suite 200
Irvine, CA 92618
Attention: Michael Limb
With a copy to: Bocarsly Emden Cowan Esmail & Arndt LLP 633 W 5th Street
64th Floor
Los Angeles, CA 90071
Attention: Kyle Arndt
To City: City of Palmdale
38250 Sierra Highway
Palmdale, CA 93550-4798
Attn: Director of Neighborhood Services
With a copy to: City of Palmdale
38300 Sierra Highway
Palmdale, CA 93550-4798
Attn: City Attorney
The parties may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Section.

20. Governing Law. The laws of the State of California shall govern this Agreement. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that County, or in Federal District Court in the Central District of California.

Density Bonus Housing Agreement
Juniper Valley Townhomes
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Agreement No. A-7830

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21. Default. Failure or delay by either party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other party, constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay,and shall complete such cure, correction or remedy with due diligence. The injured partyshall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not initiate proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. City agrees to accept cures tendered by the Investor Limited Partner of Owner within the cure periods provided in this Agreement.

22. Remedies.
a. Any individual who rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained.
b. City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to actions for injunctive relief or damages. c. It is agreed and understood that the covenants to maintain the Affordable Units as set forth herein are a requirement of the Palmdale Municipal Code and as a condition to receiving zoning and parking concessions/incentives under the Palmdale Municipal Code, Owner agrees that a breach of the covenants to maintain the Affordable Units as affordable housing for the Term specified herein constitutes a violation of the Palmdale Municipal Code, subject to enforcement by all legally available means.

23. Attorney’s Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs in an amount determined by the court.

24. Non-Waiver. Failure to exercise any right either Party may have or be entitled to, in the event of default hereunder shall not constitute a waiver of such right or any other right in the event of a subsequent default.

25. Further Assurances and Recordation. The parties shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles. Owner shall execute any further documents consistent with the terms of this Agreement, Density Bonus Housing Agreement
Juniper Valley Townhomes
APN: 3018-014-074
Agreement No. A-7830

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including documents in recordable form and do such further acts as may be necessary, desirable or proper as City shall from time to time find necessary or appropriate to effectuate its purpose in entering into this Agreement.

26. Entire Agreement. This Agreement, including any Lender’s Consent and Subordination Agreements, and all attached Exhibits, constitutes the entire agreement between the parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this Agreement shall not bevalid or binding. This Agreement may be amended only by written instrument signed by both City and Owner.

27. Third Party Beneficiaries. There are no third-party beneficiaries of or to this Agreement.

28. Amendment of This Agreement.
a. Generally. This Agreement may be amended from time to time in whole or in part by mutual consent of the original parties or their successors in interest, in accordance with this Agreement, the Palmdale Municipal Code and the State Density Bonus Law. b. Administrative Amendments. Notwithstanding subdivision (a) ofthis Section, any amendment to this Agreement, whether requestedby Owner or City, which does not relate to the Term; the number, percentage or type of Affordable Units; or the number or type of any incentives or concessions given by the City, may be determined by the Director to be an Administrative Amendment and if so, the Director shall approve the Administrative Amendment without notice or hearing, and this Agreement and its pertinent exhibits shall be automatically amended without further action by the parties. A memorandum of the amendment shall be executed and recorded to reflect such Administrative Amendment.

29. Counterparts. This Agreement may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.
[signatures follow]
Density Bonus Housing Agreement
Juniper Valley Townhomes
APN: 3018-014-074
Agreement No. A-7830

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IN WITNESS WHEREOF, City and Owner have signed this Agreement as of the date set forth above.

CITY

THE CITY OF PALMDALE, CALIFORNIA,
a municipal corporation
By:

Ronda Perez
Interim City Manager
Dated:

ATTEST:

By:

Shanae S. Smith
City Clerk
APPROVED AS TO FORM:

By:

Christopher L. Beck
City Attorney

KANE, BALLMER & BERKMAN
By:

Susan Apy
City Special Counsel
OWNER
Juniper Valley Associates, L.P.
a California limited partnership
By: JCL GP LLC,
a California limited liability company,
its Administrative General Partner
By:

Michael Limb
Authorized Signatory
Dated:

By: Spectrum GP LLC,
a California limited liability company,
its Managing General Partner
By:

Daniel Kim
Authorized Signatory
Dated:

Density Bonus Housing Agreement
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FORM OF

LENDER'S CONSENT AND SUBORDINATION AGREEMENT
NOTICE: THIS LENDER'S CONSENT AND SUBORDINATION RESULTS IN YOUR

SECURITY INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF A

LOWER PRIORITY THAN THIS DENSITY BONUS HOUSING AGREEMENT The undersigned ("Lender"), as owner and holder of security interests ("Security Interests") evidenced by that certain [Deed of Trust With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing] made by Borrower as trustor in favor of as beneficiary, dated as of
and recorded on as Instrument
No. in the Official Records of the County of Los Angeles, State of California, hereby acknowledges its consent to the terms and provisions of this Density Bonus Housing Agreement. The undersigned further agrees that its Security Interests are and shall unconditionally be and remain at all times junior, subordinate and subject to the terms, covenants, conditions and restrictions of this Density Bonus Housing Agreement, provided that in consideration of Lender’s covenants and agreements contained in this Agreement, City and its designated agencies hereby agree for the benefit of Lender that concurrently with any notice from City to the Owner that a default or breach exists under the terms of the Density Bonus Housing Agreement, City shall send a copy of such notice to Lender and Lender shall have the right, but not the obligation to cure any defaults within thirty (30) days after the expiration of any cure period set forth in the notice from City to Borrower regarding such Owner default. The provisions of this Section are intended to supplement, and not to limit, waive, modify or replace, those provisions of law pertaining to notice and cure rights of junior lenders including, without limitations, those set forth in California Civil Code Sections 2924b and2924c. Lender intentionally and unconditionally waives, relinquishes, and subordinates the lien or charge of the Security Interests in favor of the Density Bonus Housing Agreement.

AGREED AND ACKNOWLEDGED:

Dated as of: “LENDER”
Name:

Title:
[requires notarized signature]
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EXHIBIT A
Legal Description of Property
Real property in the City of Palmdale, County of Los Angeles, State of California, described as follows:

The North half of the South half of the East half of the East half of Lot 1 of the Northwest quarter of Section 30, Township 6 North, Range 11 West, San Bernardino Base and Meridian, in the City of Palmdale, according to the Official Plat of the Survey of said land on file in the Bureau of Land Management.

APN: 3018-014-074
City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT - PLANNING

DEPARTMENT
DISTRICT: 2 AND 5
SUBJECT: ADOPT ORDINANCE NO. 1586; A REQUEST TO APPROVE ZONING ORDINANCE AMENDMENT 21-008 TO AMEND
PALMDALE MUNICIPAL CODE SECTION 17.72.100 TO REDUCE

SETBACK REQUIREMENTS IN THE QUARRY RECLAMATION
ZONE
ISSUE
Adopt Ordinance No. 1586; a request to approve Zoning Ordinance Amendment 21-008 to amend Palmdale Municipal Code (PMC) Section 17.72.100 to reduce setback requirements in the Quarry Reclamation zone.

RECOMMENDATION
The Planning Commission recommends that the City Council:

1. Receive public testimony regarding proposed Ordinance No. 1586;

2. Adopt Ordinance No. 1586 approving Zoning Ordinance Amen dment 21 -008; and,

3. Find that the project i s not subject to the California Environmental Quality Act (CEQA).

BACKGROUND
On April 14, 202 2, the Planning Commission adopted Resolution No. PC -2022-018 recommending that the City Council approve ZOA 21-008 and approving Conditional Use Permit (CUP) 02-06 Major Modification No. 2 and Minor Modification 22 -013, contingent upon the approval of the ZOA. Hi-Grade Materials Company is proposing to amendPMC Sections 17.72.100.C, 17.72.100.F.2.e and 17.72.100.F.2.f, to reduce the 50-foot setback for structures and/or excavations along all property lines to 25 feet. This would allow structures or excavations to be setback 25 feet rather than 50 feet in the QR zone.

With the approval of CUP 02 -06 MM No. 2 Hi -Grade Materials Company also proposed to modify Condition of Approval No. 23.1 of Resolution No. PC -2004-087 to reduce the 50-foot setback for mining excavations and structures to 25 feet to be consistent with the Report to Mayor and City Council
Re: Ordinance 1586
May 4, 2022

Page 2 ends

proposed ZOA. In addition, approval of Minor Modification 22-013 revised the reclamation plan to reflect the modified setback.

A Condition of Approval was specified within Resolution No. PC-2022-018 requiring the project, as contemplated by CUP 02-06 MM No. 2 and Minor Modification 22-013, to be modified accordingly if the revisions to the PMC requested by ZOA 21-008 are modified or denied by the City Council.

At this time, Hi-Grade Materials Company is the only quarry operator that has requested to reduce the setback, contingent upon approval of ZOA 21-008. If the amendment is approved, other quarry operators may seek approval to reduce minable setbacks in compliance with the new requirement through review and approval of a modification to their existing entitlements.

DISCUSSION
The existing setbacks for all structures and excavations within the QR zone is 50-feet from any public street, highway, flood control easement, and any property in any other zone other than the QR zone. The modification to PMC Sections 17.72.100.C,

17.72.100.F.2.e and 17.100.F.2.f would reduce the 50-foot setback requirement to 25- feet for all structures and excavations within the QR zone. The amendment is intended to allow existing and future uses within the QR zone to utilize more of the land within the project site, which can extend the life of the quarry, while still providing an adequate buffer from sensitive land uses.

The 25-foot setback is an adequate buffer for sensitive land uses because PMC Section

17.72.100.F, specifies requirements for operations in the QR zone to ensure uses do not create a nuisance to the general safety, health, and welfare of the public such as operational hours for uses that are not conducted within an enclosed building and standards for fencing or berms around the perimeter of the site to ensure safety and reduce visual impact. In addition, a 25-foot setback is greater than the standard setback in most other zones which is a maximum of 20-feet.

Finally, projects are reviewed on a case-by-case basis and may be conditioned to provide larger setbacks for equipment that may become a nuisance to sensitive land uses such as aggregate crushing and processing equipment.

FISCAL IMPACT
The required application fees were submitted for processing of the proposed project. In addition, the Application will promote the retention of an existing business, which will continue to generate property tax revenue, sales tax revenue and Business License fees.

Report to Mayor and City Council
Re: Ordinance 1586
May 4, 2022

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STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

A. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Justin Sauder, Associate Planner
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENT

1. Ordinance No. 1586

CITY OF PALMDALE

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1586

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE

CALIFORNIA, AMENDING PALMDALE MUNICIPAL CODE SECTION

17.72.100 TO REDUCE SETBACK REQUIREMENTS IN THE QUARRY

RECLAMATION ZONE
WHEREAS, Hi-Grade Materials Company has filed an application requesting approval of Zoning Ordinance Amendment (ZOA) 21-008 described herein (hereinafter referred to as “Application”);
WHEREAS, the Application, as contemplated, proposes to amend Palmdale Municipal Code (PMC) Sections 17.72.100.C, 17.72.100.F.2.e and 17.100.F.2.f to reduce setback requirements in the Quarry Reclamation zone;
WHEREAS, on April 14, 2022, the Planning Commission of the City of Palmdale recommended City Council approval of the proposed Application and approved Conditional Use Permit 02-06 Major Modification No. 2 and Minor Modification 22-013, modifying Condition of Approval No. 23.1 of Resolution No. PC-2004-087 to reduce the 50-foot setback for mining excavations and structures to 25 feet to be consistent with the proposed ZOA and revised the reclamation plan to reflect the modified setback; and, WHEREAS, on May 4, 2022, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.

Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated May 4, 2022.

THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance, are true and correct.

SECTION 2. Based upon substantial evidence presented to the City Council during the May 4, 2022, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
a) The proposed ZOA conforms with the goals, objectives and policies of the General Plan.

The proposed Application involves modifying PMC Sections 17.72.100.C,

17.72.100.F.2.e and 17.100.F.2.f to reduce the 50-foot setback requirement to 25-feet for all structures and excavations within the QR zone as described in Exhibit I. The Application conforms with the goals, objectives, and Ordinance No. 1586

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policies of the General Plan, because the amendment is consistent with General Plan Policy ER 6.1.3: Require adequate buffering measures between land uses within the Mineral Resource Extraction (MRE) designation and incompatible uses outside of, and adjacent to the MRE area. The 25-foot setback is adequate for buffering between land uses because the standards specified within PMC Section 17.72.100.F and the Conditions of Approval for individual projects ensure that the uses within the QR (Quarry Reclamation) zone will not create a nuisance to the general health, safety and welfare of the public.
b) The proposed ZOA is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare.

The Application is intended to provide for the convenience and general welfare of the surface mining operation by reducing required setbacks in the QR zone, which will allow existing and proposed uses within the QR zone to utilize a greater portion of the project site, which can extend the life of mining operations, and retain jobs for local residents. The Application will continue to ensure the safety of the general public and the avoidance of nuisances because PMC Section 17.72.100.F contains standards such as operational hours for uses that are not conducted within an enclosed building and standards for fencing or berms around the perimeter of the site to ensure safety and reduce visual impacts. In addition, amending PMC Sections 17.72.100.C, 17.72.100.F.2.e and 17.72.100.F.2.f, will assist applicants in the implementation of the goals, policies and objectives of the General Plan because the project is consistent with General Plan Goal L2.1: Promote creation and retention of businesses within the City to increase employment opportunities within the Antelope Valley. The Application will allow the existing and future surface mining operations to mine more materials, elongating operation of this type of business within the City.
c) The proposed ZOA conforms with the intent of the Zoning Code and is consistent with all other related provisions thereof.

The proposed changes are consistent with the stated purpose and intent of the applicable chapter (PMC Chapter 17.72) because the Application provides for the safe and orderly development of uses within the QR zone.

The Application will ensure that all uses within the QR zone have adequate setbacks to ensure uses are not a nuisance to neighboring properties, while allowing the property owner to utilize as much of the property as possible.

Ordinance No. 1586

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The proposed setback is adequate for safe and orderly development because the standards within PMC Section 17.72.100.F and the Conditions of Approval of individual projects will ensure that uses within the QR zone do not create a nuisance to the general health, safety and welfare of the public. The Application adheres to both the guiding principles and spirit of the original document. The intent of the Zoning Code is to “promote the public health, safety, and general welfare and to preserve and enhance the quality of life within the City by establishing regulations to ensure that an appropriate mix of land uses is developed in an orderly manner.” The Application preserves and enhances quality of life by providing opportunity for expanded business operations for existing and proposed operations within the QR zone. In addition, a 25-foot setback is greater than the standard setback in most other zones which is a maximum of 20-feet. d) The proposed ZOA is reasonable and beneficial at this time.

The Application is beneficial and desirous for the community because it will allow for expanded business operations of an existing use that will continue to provide a valuable economic and employment opportunity for the City.

The Application is also reasonable and beneficial at this time because it will allow for existing and future uses within the QR zone to utilize more of the land within their project site, which will benefit the City economically by expanding current mining operations and attracting future mining operations. The Application applies to the QR zone; however, Hi-Grade Materials Company is currently the only quarry operator that has requested to mine within the reduced the setback area. If the Application is approved, other quarry operators may seek approval to reduce minable setbacks in compliance with the new requirement through review and approval of a modification to their existing entitlements.

SECTION 3. The City Council hereby finds as follows with respect to the environmental documentation:
a) The project qualifies under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed ZOA does not propose any physical change to the environment itself. The ZOA involves modifications regarding setbacks within the QR zone. It does not result in a physical change that Ordinance No. 1586

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could cause an impact to the environment. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Therefore, the ZOA will not have a significant effect on the environment
b) The custodian of records for the environmental determination, and all other materials which constitute the record of proceedings upon which the Planning Commission’s decision is based, is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.

SECTION 4. Based on the findings and conclusions set forth in the above Sections, and based on all other evidence in the record, the City Council hereby approves ZOA 21-003 amending the PMC to incorporate the proposed changes as shown in EXHIBIT I to this Ordinance.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.

Ordinance No. 1586

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SECTION 6. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.

PASSED, APPROVED and ADOPTED this 4th day of May, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4 th day of May, 2022 effective on the 3rd day of June, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date:

Shanae S. Smith, City Clerk

EXHIBIT I

17.72.100 Standards of Development
C. Yards
There shall be no excavations or structures within fifty (50) 25 feet of:

1. Any public street, highway or flood control easement.

2. Any property in any zone other than Zone QR, except as provided in PMC 17.72.100(F)(2)(f).

F. Special development and performance standards

2. All mining and quarrying operations, rock crushing plants and aggregate dryers shall be established and operated in accordance with the following standards:
e. No excavation or production shall be permitted nearer than fifty (50) 25 feet of the boundary of the QR Zone.
f. No production shall be permitted nearer than fifty (50) 25 feet of any lot line of adjoining property in any zone or district unless the written consent of the owner in fee of such property is first secured and recorded in the Los Angeles County Recorder’s Office.

City Council Staff Report
DATE: MAY 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
DISTRICTS: 4 AND 5
SUBJECT: ADOPT RESOLUTION NO. CC 2022-048, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING
GENERAL PLAN AMENDMENTS 21-002 AND 22-002 AND ADOPT
ORDINANCE NO. 1585, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALMDALE APPROVING ZONE CHANGES 21 -
002 AND 21-003
ISSUE
Adopt Resolution No. CC 2022 -048; a Resolution of the City Council of the City of Palmdale approving General Plan Amendments (GPA) 21-002 and 22 -002 and adopt Ordinance No. 1585; a Resolution of the City Council of the City of Palmdale approving Zone Changes (ZC) 21-002 and 21-003.

RECOMMENDATION
The Planning Commission recommends that the City Council:

1. Receive public testimony regarding Resolution No. CC 2022 -048 and Ordinance No. 1585;

2. Adopt Resolution No. CC 2022 -048 approving GPA’s 21-002 and 22 -002 and adopt Ordinance No. 1585 approving ZC’s 21-002 and 21-003; and,

3. Find that the projects are exempt from environmental review.

BACKGROUND
On April 14, 2022, the Planning Commission adopted Resolution Nos.PC-2022-016 and PC-2022-015 recommending City Council approval of GPA’s 21-002 and 22 -002 and ZC’s 21-002 and 21-003.

In addition to recommending City Council approval of GPA 22 -002 and ZC 21-003, the Planning Commission also approved Conditional Use Permit (CUP) 21-009 and Minor Modification 22 -011. The pr oposed project involves the request to establish a commercial daycare use and make minor improvements to the site to accommodate the Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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proposed use, which is an allowed use within the R-2 (Medium Residential) zone with approval of a CUP pursuant to Palmdale Municipal Code (PMC) Chapter 17.76. At this time there is no development proposed related to GPA 21-002 and ZC 21-002 and any future development would require separate review and approval.

DISCUSSION
As specified within Government Code Section 65358(b), no mandatory element of a General Plan may be amended more frequently than four times during any calendar year.

Each amendment may include more than one change to the General Plan. As such, two General Plan Amendments from two separate projects, have been combined into one report with one resolution so that they will constitute as the second amendment of 2022.

Combining the two amendments will allow staff to process additional applications for amendments to the Land Use Element within the 2022 calendar year, which will include the comprehensive General Plan Amendment associated with Palmdale 2045. In addition, two zone changes are proposed to ensure the zone is consistent with the proposed land use designation.

General Plan Amendment 21-002 and Zone Change 21-002
A request to modify the General Plan land use designation from MR (Medium Residential,

6.1 to 10 dwelling units per acre) to RC (Regional Commercial) / PF (Public Facilities) and zone from R-2 (Medium Residential) to C-4 (Commercial Center) / PF (Public Facilities) for three contiguous parcels totaling approximately five acres located adjacent to Pearblossom Highway and approximately 1,700 feet west of Fort Tejon Road / State Route 138. No development is proposed in conjunction with this request.

Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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FIGURE 1 – EXISTING LAND USE
FIGURE 2 – EXISTING ZONE
Figures 1 and 2 depict the existing General Plan land use designation and zone. As depicted in Figures 3 and 4, approval of the request would change both the General Plan land use designation to RC / PF and zone to C -4 / PF. The request resolves a past misdesignation, because one of the three parcels is a public utility site containing a water well, which was erroneously designated as R -2. There is no development proposed at

Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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this time and any future dev elopment would require separate review and approval; however, the GPA and ZC creates a logical continuation of the existing land use designation and zoning of adjacent parcels.

FIGURE 3 – PROPOSED LAND USE
FIGURE 4 – PROPOSED ZONE

Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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General Plan Amendment 22-002 and ZC 21-003
A request to modify the General Plan land use designation from SFR-3 (Single-Family Residential, 3.1 -6 dwelling units per acre) to MR (Medium Residential 6.1 -10 dwelling units per acre) and zone from R-1-7,000 (Single-Family Residential, minimum lot size of 7,000 square feet) to R-2 (Medium Residential) for two contiguous parcels totaling approximately four acres located on the southwest corner of East Avenue R and 20th Street East.

FIGURE 5 – EXISTING LAND USE

Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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FIGURE 6 – EXISTING ZONE
Figures 5 and 6 depict the existing General Plan land use designation and zone. The GPA and ZC are proposed to allow the establishment of a commercial daycare within an existing vacant church building. As specified within PMC Chapter 17.76, commercial daycare facilities are not an allowable use within the R -1-7,000 zone. As depicted in Figures 7 and 8, approval of the request would change the land use designation to MR (Medium Residential 6.1 -10 dwelling units per acre) and zone to R-2 (Medium Residential). The daycare facility is consistent with the intent of the R-2 zone because it will occupy an existing building that was constructed to fit into the residential character of the surrounding neighborhood.

Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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FIGURE 7 – PROPOSED LAND USE
FIGURE 8 – PROPOSED ZONE

Report to Mayor and City Council
Re: GPA 21-002, GPA 22-002, ZC 21-002 and ZC 21-003
May 4, 2022

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FISCAL IMPACT
The required application fees were submitted for processing of the proposed projects. In addition, GPA 22-002 will facilitate a daycare use, which will generate an increase in property tax revenue. Although no new revenues are anticipated from GPA 21-002, facilitation of potential future commercial development may result in additional sales tax revenue for the City.

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Justin Sauder and Jasmine Alvarado,
Associate Planners
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Resolution No. CC 2022-048

2. Ordinance No. 1585

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE DESIGNATION FROM MR (MEDIUM RESIDENTIAL, 6.1-10 DWELLING UNITS PER

ACRE) TO RC (REGIONAL COMMERCIAL) / PF (PUBLIC FACILITIES) FOR THREE

CONTIGUOUS PARCELS TOTALING APPROXIMATELY FIVE ACRES

LOCATED ADJACENT TO PEARBLOSSOM HIGHWAY AND APPROXIMATELY 1,700 FEET WEST OF FORT TEJON ROAD / STATE ROUTE 138 (GPA 21-002); AND AMEND THE LAND USE DESIGNATION FROM SFR-3 (SINGLE FAMILY RESIDENTIAL, 3.1-6 DWELLING UNITS PER ACRE) TO MR (MEDIUM RESIDENTIAL, 6.1-10 DWELLING UNITS PER ACRE) FOR TWO CONTIGUOUS

PARCELS TOTALING APPROXIMATELY FOUR ACRES LOCATED ON THE SOUTHWEST CORNER OF EAST AVENUE R AND 20 TH STREET EAST (GPA 22-002)
A. RECITALS
WHEREAS, Four Points Enterprises, LLC and Kids N Color Daycare have filed applications requesting the approval of General Plan Amendments (GPA) 21-002 and 22-002, respectively, described herein (hereinafter referred to as “Application”); WHEREAS, the Application, as contemplated, is referred to on the Los Angeles County Assessor’s roles as APN’s 3051-019-900, -112, and -030 and 3012-021-027 (also referenced as 3012-021-038) and -035 and is legally described in Exhibit I hereto and shown on the maps attached hereto as Exhibit II;
WHEREAS, on April 14, 2022, the Planning Commission of the City of Palmdale reviewed the proposed projects, approved Conditional Use Permit 21-009 for the establishment of a commercial daycare use and Minor Modification 22-011 for minor site improvements, and recommended approval of the Application by the City Council; and,
WHEREAS, on May 4, 2022, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date. Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated May 4, 2022.

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

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

Resolution No. CC 2022-048

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B. RESOLUTION
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct.

SECTION 2. Based upon substantial evidence presented to the City Council during May 4, 2022, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The proposed change in land use is consistent with State law.

The Application includes a request to amend the General Plan land use designation from MR (Medium Residential, 6.1-10 dwelling units per acre) to RC (Regional Commercial) / PF (Public Facilities) for three contiguous parcels; and amend the land use designation from SFR-3 (Single-Family Residential, 3.1-6 dwelling units per acre) to MR (Medium Residential 6.1- 10 dwelling units per acre) for two contiguous parcels. The Application has been reviewed by interested agencies and Native American Tribes in accordance with State law.

In addition, the General Plan may only be amended four times per year and combining the two amendments will allow staff to process additional applications for amendments to the Land Use Element within the 2022 calendar year, which will include the comprehensive General Plan Amendment associated with Palmdale 2045.
(b) The amendment is suitable and beneficial for the uses permitted within the associated zone districts.

The subject site related to GPA 21-002 is reasonable and beneficial for the uses permitted within the associated C-4 (Commercial Center) zone and the two larger parcels are physically suitable for development. The Application ensures consistency with the commercial uses to the east of the site. No development of the site is proposed at this time and future development will require additional review and approval. Additionally, the request resolves a past misdesignation, because one of the three parcels is a public utility site containing a water well, which was erroneously designated as MR (Medium Residential 6.1-10 dwelling units per acre).

The land use designation of PF allows the existing well to remain on site for continued use by Palmdale Water District.

Resolution No. CC 2022-048

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The subject site related to GPA 22-002 is reasonable and beneficial for the uses permitted within the R-2 zone and the site is physically suitable and consistent with the residential uses to the north, east and south of the site. The Application is beneficial because the request will allow a commercial daycare use within existing buildings, which will provide a valuable economic and employment opportunity for the City as well as providing a valuable service for residents.

SECTION 3. The City Council hereby finds as follows with respect to the environmental documentation.
(a) The proposed request related to GPA 21-002 is Categorically Exempt from California Environmental Quality Act (CEQA) review pursuant to Section 15332 of the CEQA Guidelines, which exempts in-fill development projects that have no significant impacts to the environment. GPA 21-002 meets the following conditions:
(i) The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.

The Application consists of a request to modify the General Plan land use designation of the subject area to RC
(Regional Commercial) and PF (Public Facilities) for three contiguous parcels; therefore, as amended, the change in zone will continue to be consistent with the General Plan as depicted in Exhibit III.
(ii) The proposed development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses.

There is no development proposed at this time and any
future development would require additional review and
approval.

Resolution No. CC 2022-048

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(iii) The project site has no value as habitat for endangered, rare, or threatened species.

The project site is devoid of any sensitive plant vegetation and animal diversity and is situated within a substantially urbanized area. A database search with the U.S. Fish and Wildlife Service determined that four endangered species would be potentially affected by activities in this location; however, since no development is proposed as part of this request there would be no impacts to potentially sensitive species. In addition, any future development would require additional review and approval.
(iv) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The subject site consists of three vacant parcels, one of which contains a utility operated by Palmdale Water District.

No development is proposed as part of this request.

Therefore, the subject request is not anticipated to have a significant effect on the environment in regard to traffic, noise, air quality, or water quality. Any development
proposed in the future, will undergo separate review and future development will be required to comply with the
development standards within the Palmdale Municipal Code and outside agency requirements.
(v) The site can be adequately served by all required utilities and public services.

The site can be adequately served by all required utilities and public services, because the project is within the City limits and is within an area that has access to such utilities.

No development is proposed as part of this request. Any future development would require additional review and
approval.
(b) The proposed request related to GPA 22-002 is exempt from CEQA review pursuant to Section 15301, of the CEQA Guidelines, which exempts the minor alteration of existing private structures involving negligible expansion. The project qualifies under this exemption because Resolution No. CC 2022-048

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there will be minor alterations to the site involving the construction of a wrought iron fence, vehicle restricting gates and minor improvements to the parking area to establish a drop-off/pick-up area, which is a negligible expansion of the use.
(c) The custodian of records for the environmental document, and all other materials which constitute the records of proceedings upon which the City Council’s decision is based, is the Planning Manager of the City of Palmdale. Those documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.

SECTION 4. Based on the findings and conclusions set forth in the above Sections, and based on all other evidence in the record, the City Council hereby approves GPA’s 21-002 and 22-002 to incorporate the proposed changes as shown in Exhibit III to this Resolution.

Resolution No. CC 2022-048

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SECTION 5. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 4th day of May 2022.
_________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4 th day of May, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date:

Shanae S. Smith, City Clerk

EXHIBIT I

LEGAL DESCRIPTION OF THE ASSOCIATED PROPERTIES FOR
GENERAL PLAN AMENDMENTS 21-002 AND 22-002
(GPA 21-002)
APN: 3051-019-112
PARCEL 1:

THE EAST 239.423 FEET OF THE SOUTH 624 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF

PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING

TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MAY 22, 1929.

EXCEPTING THEREFROM THE NORTHERLY 30 FEET OF THE SOUTHERLY 60

FEET OF SAID LAND, AS CONDEMNED BY THE STATE OF CALIFORNIA, FOR

PUBLIC PURPOSES, A CERTIFIED COPY OF FINAL ORDER OF CONDEMNATION WAS RECORDED JULY 23, 1959, AS INSTRUMENT NO. 3498, IN BOOK D-546, PAGE 631 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THE FOLLOWING PROPERTY DEEDED TO THE

CITY OF PALMDALE, A MUNICIPAL CORPORATION, IN THAT EASEMENT DEED RECORDED DECEMBER 29, 2006, AS INSTRUMENT NO. 06 -2905060 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 13 WEST, SAN BERNARDINO BASE

AND MERIDIAN, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE

OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 48 OF TRACT NO. 52029, IN

THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1314, PAGE(S) 1 THROUGH 8, INCLUSIVE OF

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE

ALONG THE EASTERLY LINE OF SAID LOT AND THE CENTERLINE OF “FALLINGSTAR PLACE”, 30.00 FEET WIDE, AS SHOWN ON SAID TRACT NO 52029, NORTH 00° 02' 55" WEST 561.02 FEET TO THE SOUTHERLY LINE OF SPYGLASS DRIVE AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89° 54' 52” EAST 43.00 FEET; THENCE SOUTH 45° 01' 06" WEST 18.36 FEET; THENCE SOUTH 00° 02' 55" EAST 427.06 FEET TO THE BEGINNING OF A

TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF

88.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL Exhibit I

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ANGLE OF 17° 23' 25" AN ARC DISTANCE OF 26.71 FEET, THENCE SOUTH 17° 26' 20 EAST 26.65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 44.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 64° 24’ 18" AN ARC DISTANCE OF 49.46 FEET; THENCE SOUTH 00° 02' 55" EAST 26.88 FEET TO THE NORTHERLY LINE OF “PEARBLOSSOM HIGHWAY” AS SHOWN ON TRACT NO 51743, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1207, PAGE(S) 29 THROUGH 30,

INCLUSIVE OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE, NORTH 89° 55' 10" WEST

30.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 48; THENCE ALONG SAID SOUTHERLY PROLONGATION, NORTH 00° 02’ 55” WEST 30.00 FEET TO THE POINT OF BEGINNING.

APN: 3051-019-030
PARCEL 2:

THE EAST 1/2 OF THE EAST 1/2 OF THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 11 WEST,

SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE FOLLOWING DESCRIBED LINES;
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHWEST ¼ WITH THE NORTH LINE OF THE SOUTH 624 FEET OF SAID SOUTHWEST 1/4; THENCE ALONG SAID EAST LINE 0° 03' 30" WEST 572.58 FEET TO THE

SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO SOUTHERN PACIFIC COMPANY BY DEED RECORDED ON MARCH 12, 1957 AS INSTRUMENT NO. 1845 IN BOOK 53840 PAGE 215 OF OFFICIAL RECORDS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, SAID CORNER BEING DISTANT ALONG SAID EAST LINE SOUTH 0° 03' 30" EAST 128.62 FEET FROM SAID NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 89° 55' 45" WEST 755 FEET; THENCE SOUTH 0° 02' 53" EAST 570.65 FEET TO A POINT IN SAID NORTH LINE OF THE SOUTH 624 FEET OF SAID SOUTHWEST ¼ THAT IS DISTANT THEREON NORTH 89° 55' 25" WEST 755 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID NORTH LINE SOUTH 89° 55' 25" EAST 755 FEET TO THE POINT OF BEGINNING.

Exhibit I

Page 3 ends

EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 4 BOUNDED BY THE FOLLOWING DESCRIBED LINES:

BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHWEST 1/4 WITH THE NORTH LINE OF THE SOUTH 624 FEET OF SAID SOUTHWEST 1/4; THENCE ALONG SAID EAST LINE NORTH 0° 03' 30" WEST 201.20 FEET TO A POINT THAT IS DISTANT 500 FEET SOUTH ALONG SAID EAST LINE FROM THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, BEING THE TRUE POINT OF BEGINNING; THENCE WEST 50 FEET; THENCE NORTH 100 FEET; THENCE EAST 50 FEET TO SAID EAST LINE; THENCE SOUTH 0° 03' 30" WEST 100 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 3:

AN EASEMENT OVER THE EASTERLY 30 FEET OF THE SOUTHERLY 624 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECT20N 4, TOWNSHIP 5 NORTH RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

APN: 3051-019-900

0.12 AC COM S 400 FT FROM NE COR OF SE ½ OF SW ¼ OF SEC 4 T SN R 11 W TH W SO FT WITH A UNIFORM DEPTH OF 100 FT S PART OF SE ¼ OF SW ¼ OF SEC 4 T SN R 11W.
(GPA 22-002)
PARCEL 1:

THE EASTERLY 108.09 FEET OF THE WETSERLY 1,229.61 FEET OF THE SOUTHERLY 430 FEET OF THE NORTHERLY 460 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 12 WEST, S.B.B AND M., IN THE COUNTY OF LOS ANGELES.

EXCEPT ALL MINERAL AND OIL RIGHTS, AS RESERVED IN THE DEED FROM HATTIE C. BRANDT, ET AL. TO C. H. ROGERS, RECORDED IN BOOK 2810 PAGE 202, OFFICAL RECORD.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 03, 2020 AS INSTRUMENT NO. 2020-1682848, OF OFFICIAL RECORDS.

PARCEL 2:

Exhibit I

Page 4 ends

THE SOUTHERLY 430 FEET OF THE NORTHERLY 460 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 12 WEST, S.B.B AND M., IN THE COUNTY OF LOS ANGELES.

EXCEPT THE WESTERLY 1,229.61 FEET THEREOF.

ALSO, EXCEPT FOR MINERAL AND OIL RIGHTS, AS RESERVED IN THE DEED FROM HATTIE C. BRANDT, ET AL. TO C. H. ROGERS, RECORDED IN BOOK 2810 PAGE 202, OFFICIAL RECORDS.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 03, 2020, AS INSTRUMENT NO. 2020-1682848, OF OFFICIAL RECORDS.

PARCEL 3:

THE EASTERLY 108.09 FEET OF THE WESTERLY 1,121.52 FEET OF THE SOUTHERLY 430 FEET OF THE NORTHERLY 460 FEET OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 12 WEST, S.B.B AND M., IN THE COUNTY OF LOS ANGELES, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL SEPTEMBER 3, 1885.

EXCEPT MINERAL AND OIL RIGHTS AS RESERVED BY HATTIE C. BRANDT, ET AL., RECORDED IN BOOK 2810 PAGE 202, OFFICIAL RECORDS.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THAT CERTAIN FINAL ORDER CONDEMNATION RECORDED NOVEMBER 03, 2020 AS
INSTRUMENT NO. 2020-1682848 OF OFFICIAL RECORDS
APNS: 3012-021-027 (ALSO REFERENCED AS 3012-021-038) AND -035

EXHIBIT II
AERIAL MAP FOR GPA 21-002

Exhibit II

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AERIAL MAP FOR GPA 22-002

EXHIBIT III
PROPOSED LAND USE DESIGNATION FOR GPA 21-002

Exhibit III

Page 2 ends

PROPOSED LAND USE DESIGNATION FOR GPA 22-002

CITY OF PALMDALE

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1585

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A ZONE CHANGE FROM R-2 (MEDIUM RESIDENTIAL) TO C-4 (COMMERCIAL CENTER) / PF (PUBLIC FACILITIES) FOR THREE

CONTIGUOUS PARCELS TOTALING APPROXIMATELY FIVE ACRES

LOCATED ADJACENT TO PEARBLOSSOM HIGHWAY AND
APPROXIMATELY 1,700 FEET WEST OF FORT TEJON ROAD / STATE ROUTE 138 (ZC 21-001); AND A ZONE CHANGE FROM R-1-7,000 (SINGLE-FAMILY RESIDENTIAL, MINIMUM LOT SIZE OF 7,000
SQUARE FEET) TO R-2 (MEDIUM RESIDENTIAL) FOR TWO

CONTIGUOUS PARCELS TOTALING APPROXIMATELY FOUR ACRES

LOCATED ON THE SOUTHWEST CORNER OF EAST AVENUE R AND
20TH STREET EAST (ZC 21-003)
A. RECITALS
WHEREAS, Four Points Enterprises, LLC and Kids N Color Daycare have filed applications requesting the approval of Zone Changes (ZC) 21-001 and 21-003, respectively, described herein (herein referred to as “Application”); WHEREAS, the Application, as contemplated, is referred to on the Los Angeles County Assessor’s roles as APN’s 3051-019-900, -112, and -030 and 3012-021-027 (also referenced as 3012-021-038) and -035 and is legally described on Exhibit I hereto and shown on the map attached hereto as Exhibit II;
WHEREAS, On April 14, 2022, the Planning Commission of the City of Palmdale reviewed the proposed projects, approved Conditional Use Permit 21-009 for the establishment of a commercial daycare use and Minor Modification 22-011 for minor site improvements, and recommended approval of the Application by the City Council; and, WHEREAS, on May 4, 2022, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.

Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated May 4, 2022.

B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance, are true and correct.

Ordinance No. 1585

Page 2 of 7 ends

SECTION 2 . Based upon substantial evidence presented to the City Council during the May 4, 2022, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The site of the proposed change in zone is suitable for any of the land uses permitted within the proposed zone district.
(b) The proposed change in zone is reasonable and beneficial at this time.

The subject site related to ZC 21-002 is reasonable and beneficial for the uses permitted within the C-4 (Commercial Center) zone and the two larger parcels are physically suitable for development. In addition, the Application ensures consistency with the commercial uses to the east of the site. No development of the site is proposed at this time and future development will require additional review and approval. Additionally, the request resolves a past misdesignation, because one of the three parcels is a public utility site containing a water well, which was erroneously designated as R-2 (Medium Residential). The zoning designation of PF allows the existing well to remain on site for continued use by Palmdale Water District (PWD).

The subject site related to ZC 21-003 is reasonable and is physically suitable and consistent with the residential uses to the north, east and south of the site because the Application facilities a request to establish a commercial daycare, which will occupy existing vacant buildings that were constructed to fit into the residential character of the surrounding neighborhood. In addition, the Application is beneficial because a commercial daycare is not an allowed use within the R-1-7,000 zone and the modifications will allow the commercial daycare use within the R-2 zone. The Application is desirous for the community because it will allow the creation of a new business, providing a valuable economic and employment opportunity for the City as well as providing a valuable service for residents.
(c) The proposed change in zone is consistent with the General Plan.

The applicants have submitted General Plan Amendment requests in conjunction with the Application, and modifying the zone to C-4 (Commercial Center) / PF (Public Facilities) (ZC 21-002) and R-2 Ordinance No. 1585

Page 3 of 7 ends

(Medium Residential 6.1-10 dwelling units per acre) (ZC 21-003) will ensure consistency with the General Plan, as amended.
(d) The proposed change in zone will not have a substantial adverse effect on surrounding properties or the community in general.

ZC 21-002 requests the change in zone of the two larger parcels, which will bring consistency to the existing surrounding zoning designation because it will be compatible with the property immediately to the east of the subject site, which is currently zoned C-4 and occupied by commercial uses. The C-4 zoning designation allows for various types of commercial uses, including but not limited to regional malls, major retail outlets, office complexes, hotels and convention facilities, entertainment centers, and supportive commercial and service uses. The smaller parcel is currently owned by PWD and is occupied by a water well and will continue to accommodate a well. The Application addresses a discrepancy in land use designation and zoning of the parcel. Lastly, no development is proposed as part of this request.

In regards to ZC 21-003, the proposed change in zone from R-1-7,000 (Single-Family Residential, minimum lot size of 7,000 square feet) to R-2 (Medium Residential 6.1-10 dwelling units per acre) will not have a substantial adverse effect on surrounding properties because it will accommodate the proposed daycare use while providing a logical transition from the single-family residences to the south and west of the project site and multiple-family residences to the north and east of the site.

Ordinance No. 1585

Page 4 of 7 ends

SECTION 3 . The City Council hereby finds as follows with respect to the environmental documentation:
(a) The proposed request related to ZC 21-002 is Categorically Exempt from California Environmental Quality Act (CEQA) review pursuant to Section 15332 of the CEQA Guidelines, which in-fill development projects that have no significant impacts to the environment. GPA 21-002 meets the following conditions:
(i) The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.

The Application consists of a request to modify the General Plan land use designation of the subject area to RC(Regional Commercial) and PF (Public Facilities) for three contiguous parcels; therefore, as amended, the change in zone will continue to be consistent with the General Plan as depicted in Exhibit III.
(ii) The proposed development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses.

The subject site is located on approximately five acres and is substantially surrounded by existing development with
commercial to the east, existing single-family residences to the south and west, and the railroad tracks to the north. There is no development proposed at this time and any future
development would require additional review and approval. (iii) The project site has no value as habitat for endangered, rare, or threatened species.

The project site is devoid of any sensitive plant vegetation and animal diversity and is situated within a substantially urbanized area. A database search with the U.S. Fish and Wildlife Service determined that four endangered species would be potentially affected by activities in this location; however, since no development is proposed as part of this request there would be no impacts to potentially sensitive species. Any future development would require additional review and approval.

Ordinance No. 1585

Page 5 of 7 ends

(iv) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The subject site consists of three vacant parcels, one of which contains a utility operated by Palmdale Water District. No development is proposed as part of this request. Therefore, the subject request is not anticipated to have a significant effect on the environment in regard to traffic, noise, air quality, or water quality. Any development proposed in the future, will undergo separate review and future development will be
required to comply with the development standards within the Palmdale Municipal Code and outside agency requirements. (v) The site can be adequately served by all required utilities and public services.

The site can be adequately served by all required utilities and public services, because the project is within the City limits and is within an area that has access to such utilities. No development is proposed as part of this request. Any future development would require additional review and approval. (b) The proposed request related to ZC 21-003 is exempt from CEQA review pursuant to Section 15301, of the CEQA Guidelines, which exempts the minor alteration of existing private structures involving negligible expansion. The project qualifies under this exemption because there will be minor alterations to the site involving the construction of a wrought iron fence, vehicle restricting gates and minor improvements to the parking area to establish a drop-off/pick- up area, which is a negligible expansion of the use.
(c) The custodian of records for the environmental documentation, and all other materials which constitute the record of proceedings upon which the City Council’s decision is based, is the Planning Manager of the City of Palmdale. Those documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.

SECTION 4. Based on the findings and conclusions set forth in the above Sections, and based on all other evidence in the record, the City Council hereby approves Ordinance No. 1585

Page 6 of 7 ends

Zone Changes 21-002 and 21-003 changing the Zoning Map to incorporate the proposed changes as shown in Exhibit III of this Ordinance.

Ordinance No. 1585

Page 7 of 7 ends

SECTION 6. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.

PASSED, APPROVED and ADOPTED this 4th day of May, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4th day of May, 2022, effective the 3rd of June, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date:

Shanae S. Smith, City Clerk

EXHIBIT I

LEGAL DESCRIPTION OF THE ASSOCIATED PROPERTIES FOR
ZONE CHANGES 21-002 AND 21-003

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

PALMDALE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
(ZC 21-002)
APN: 3051-019-112
PARCEL 1:

THE EAST 239.423 FEET OF THE SOUTH 624 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 11

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALMDALE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MAY 22, 1929.

EXCEPTING THEREFROM THE NORTHERLY 30 FEET OF THE SOUTHERLY 60

FEET OF SAID LAND, AS CONDEMNED BY THE STATE OF CALIFORNIA, FOR

PUBLIC PURPOSES, A CERTIFIED COPY OF FINAL ORDER OF CONDEMNATION WAS RECORDED JULY 23, 1959, AS INSTRUMENT NO. 3498, IN BOOK D-546, PAGE 631 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THE FOLLOWING PROPERTY DEEDED TO THE

CITY OF PALMDALE, A MUNICIPAL CORPORATION, IN THAT EASEMENT DEED RECORDED DECEMBER 29, 2006, AS INSTRUMENT NO. 06 -2905060 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 13 WEST, SAN BERNARDINO BASE

AND MERIDIAN, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 48 OF TRACT NO. 52029, IN

THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1314, PAGE(S) 1 THROUGH 8, INCLUSIVE OF

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE

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Palmdale City CouncilMay 4, 2022

Palmdale City Council
May 4, 2022