CC/SA/HA 07/13/2022 1
MINUTES
CITY COUNCIL/SA/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
JULY 13, 2022
www.cityofpalmdale.org
5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Hofbauer called the meeting to order at 5:01 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
Ruth Sanchez provided comments regarding the unhoused, tiny homes and food distribution.
Eric Ohlsen commented regarding special interest groups and the brown act rules on public comments.
Marcos Alvarez encouraged Council to improve the future of Palmdale. 4) PRESENTATION BY CITY ATTORNEY
Acting City Attorney Porter confirmed the items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Donald Ross D'Angelo v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 21AVCV00441
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Jessica Magallanes v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 21AVCV00932
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Robert Credle v. City of Palmdale, et al.Los Angeles County Superior Court Case No. 22AVCV00273
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
CC/SA/HA 07/13/2022 2
4.4) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Gerald Lynn Dolen and Roberta Dora Dolen v. City of Palmdale et al.
Los Angeles County Superior Court
Case No. 21AVCV00377
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.5) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
The reason for holding a closed session is for the purpose of obtaining authorization and direction from the City Council regarding the possible acquisition of property interests in the following property, generally located near Avenue M and 10th Street West:
Property Owner: Successor Agency to the Community Redevelopment Agency of the City of Palmdale
Property: APN 3128-015-900 & 902
City Negotiator: Luis Garibay
This closed session is being held pursuant to the authority of California Government Code Section 54956.8. Closed session is recommended because the City Council will be instructing the negotiator regarding terms and conditions, including price, for the possible purchase of the real property identified above.
5) ANNOUNCEMENT BY CITY ATTORNEY
Acting City Attorney Porter reported the following:
Item No. 4.2 - Council directed staff to file a cross complaint in the existing action.
There was no further reportable action.
6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the Closed Session meeting at 6:59 p.m.
7:00 P.M.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
8) ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR LOA,
COUNCILMEMBERS/DIRECTORS/COMMISSIONERS CARRILLO, BISHOP,
BETTENCOURT, FRAGA-SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
ABSENT: None.
9) PRESENTATIONS
9.1) Mayor Hofbauer presented a cute critter available for adoption at the Palmdale
CC/SA/HA 07/13/2022 3
Animal Care Center.
9.2) Mayor Hofbauer presented Certificates of Recognition to the Antelope Valley Futbol Club (AVFC) for winning the Presidents Cup.
9.3) Mayor Hofbauer presented a Proclamation to Acting Assistant Chief Mitchison and Engine Company 37 declaring July 2022 as Californ ia Firefighter Appreciation Month in the City of Palmdale.
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 Juan Carrillo, seconded by Austin Bishop.
Vote: Motion carried (7-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
11) PUBLIC COMMENTS
Eric Ohlsen spoke regarding the brown act rules.
Eugene Hernandez asked about the criteria for building hotels and encouraged Council to research Operation Room Key for the unhoused.
McKinley Kemp, Director of Antelope Valley Partners for Health, encouraged support from the City for the Crisis Assessment Team (CAT).
Kevin Shenkman shared comments in support of former City Manager Murphy.
Marcos Alvarez expressed concerns regarding the lack of cooling centers.
Ruth Sanchez, on behalf of Jasmine Granham, commented in support of the second chance program.
12) HOUSING AUTHORITY CONSENT CALENDAR
Councilmember Carrillo stepped away from the dais at 7:38 p.m. - 8:00 p.m.
12.1) Adopt Resolution No. HA 2022 -002, a Resolution of the Housing Authority of the City of Palmdale approving Affordable Housing Agreement with SOS Children’s Villages California and Housing Authority development loan of $1,200,000 for acquisition and pre -development located at 30th Street East and adjacent to McAdam Park (APN 3018 -026-001). (Staff Reference Director Neighborhood Services Miller - Presented by Housing Manager Reyes)
Mayor Hofbauer pulled this item for discussion. Housing Manager Reyes provided a brief summary of the staff report and read the title of Resolution No. HA 2022-002. Councilmember Bettencourt expressed concerns regarding the at -risk youth housing being in close proximity to at -risk adult housing.
Supervisor Kathryn Barger provided background information on the SOS Children's Villages. Mayor Pro Tem Loa asked about the contract not
CC/SA/HA 07/13/2022 4
including the community center a nd play area. Housing Manager Reyes stated they are a part of the plans submitted to Planning, but the Housing Authority is funding the housing acquisition and pre -development. Tim McCormick, CEO of SOS Village, announced there is a need everywhere for SOS Villages across the globe.
Motion: Adopt Resolution No. HA 2022-002.
Moved by Austin Bishop, 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.
12.2) Approve the minutes from the previous meetings. (Staff Reference: City Clerk/Agency Secretary Smith)
HA - May 18, 2022
HA - June 1, 2022
Motion: Approve the minutes from the previous meetings.
Moved by Christina Fraga-Saenz, seconded by Austin Bishop.
Vote: Motion carried (6-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
Absent: Juan Carrillo.
Mayor Hofbauer adjourned the Housing Authority at 8:10 p.m.
13) CONSENT CALENDAR
13.1) Receive and file the monthly investment activity reports for May 2022. (Staff Reference: Director of Finance Samson)
13.2) Approve on -call Environmental Consulting Services Agreement with Pacific Edge Engineering, Inc. in the amount of $300,000 over a period of three (3) years. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
13.3) Ratify additional funds for Purchase Order No. 20220033 (FY 2021 -2022) and approve Purchase Order No. 20230003 (FY 2022 -2023) in an amount not to exceed $120,000.00 with Hasa, Inc. for pool chemical supplies. (Staff Reference: Director of Public Works Heffernan)
13.4) Approve Purchase Order No. 20230002 with Nutrien AG Solutions for fertilizer supplies in an amount not to exceed $145,750. (Staff Reference:
Director of Public Works Heffernan)
13.5) Approve Purchase Order No. 20230004 with Smith Pipe & Supply, Inc. for irrigation and water conservation supplies in an amount not to exceed $233,600. (Staff Reference: Director of Public Works Heffernan)
13.6) Approve the First Amendment with Pumpman, LLC to exercise the first option to extend contract term and increase total price by $430,000, not to exceed the amount of $1,280,000 for professional pump services. (Staff Reference:
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Director of Public Works Heffernan)
13.7) Notice of Completion - Accept Public Improvements for Fairfield Inn located at 1052 West Avenue O -8. (Staff Reference: Director of Public Works Heffernan)
13.8) Approve Final Parcel Map No. 83025 located at the northeast corner of 5th Street West and West Park Drive. (Staff Reference: Director of Public Works Heffernan)
13.9) Award construction agreement with R.C. Becker and Son, Inc., for PN 761, Palmdale Civic Center Complete Streets Project, in the amount of $6,405,637 for a term of 12 months from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
Mayor Hofbauer pulled this item for discussion and made a motion that the project be rejected and sent back out to re -bid, the motion died for a lack of a second. Deputy Director of Public Works Glidden explained the process of going back out to re -bid, stated concerns were discussed with the contractor, a new project manager was assigned, and safeguards have been built into the contract.
Mayor Hofbauer modified his motion to reject the bid and award it to the second most responsible bidder, the motion died for a lack of a second.
Discussion ensued.
There was Council consensus to continue Item 13.9 to the July 20, 2022 meeting.
13.10) Award construction agreement with Parkwood Landscape Maintenance, Inc., for PN 815, LMD 214 Landscape Enhancements Project, at the north side of East Avenue S between 43rd Street East and 45th Street East, in the amount of $178,208.10 for a term of 90 da ys from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
Mayor Pro Tem Loa pulled this item to discuss the outreach to local landscape companies. Deputy Director of Public Works Glidden provided Council with the bid process. Council directed staff to provide a business workshop for local contractors.
Motion: Award construction agreement with Parkwood Landscape Maintenance, Inc., for PN 815, LMD 214 Landscape Enhancements Project, at the north side of East Avenue S between 43rd Street East and 45th Street East, in the amount of $178,208.10 for a term of 90 days from the date of Notice to Proceed.
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.
13.11) Award construction agreement with Cal -Stripe, Inc., for PN 820, Domenic
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Massari Park Bike Lane System Project, in the amount of $295,374, for a term of 2 months from the date of Notice to Proceed. (Staff Reference:
Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
13.12) Adopt Resolution No. CC 2022 -070, a Resolution of the City Council of the City of Palmdale to accept and irrevocable offer to dedicate private streets of Tract 54058 -3 at the southeast corner of 25th Street West/Highland Street and Avenue P -12. (Staff Reference: Director of Public Works Heffernan)
13.13) Approve Final Tract Map No. 71357 -01 located near the intersection of Rancho Vista Boulevard and Delson Drive. (Staff Reference: Director of Public Works Heffernan)
13.14) Notice of Completion - Accept completed project with Playcore Wisconsin, Inc., dba Gametime for PN 846, Courtney’s Playground Inclusive Play Area at Marie Kerr Park. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
13.15) Approve Supplement Agreement No. 2 with Cedro Construction Inc., for PN 741-A, Water Improvements at Avenue S -8 and 40th Street East, in the amount of $63,979.75. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden) Public Works
13.16) Notice of Completion - Accept completed project with Cedro Construction Inc., for PN 741 -A, Water Improvements at Avenue S -8 and 40th Street East. (Staff Reference: Director of Public Wor ks Heffernan - Presented by Deputy Director of Public Works Glidden)
13.17) Notice of Completion - Accept completed project with Knorr Systems, Inc. for PN 841, Pool Boiler Replacement at Various City Pools. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Work Glidden)
13.18) Approve Insurance Broker Services Agreement with VINSA, Inc. and Authorize City Manager to Execute Agreement and Bind Insurance Coverage in an amount not to exceed $1,750,000 (Staff Reference: Acting City Attorney Porter - Presented by Legal and Risk Assistant Barajas)
13.19) Adopt Resolution No. CC 2022 -080, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plans. (Staff Reference: Human Resources Manager Nevarez)
13.20) Approve Side Letter of Agreement between the City of Palmdale an d California Teamsters Local 911 regarding Premium Pay, Cost of Living Increase, and change to Deferred Compensation language of the MOU (Staff Reference: Human Resources Manager Nevarez.)
13.21) Adopt Resolution No. CC 2022 -083, a Resolution of the City Council of the City of Palmdale reinstating the cap requirement for employee vacation accrual bank balances. (Staff Reference: Human Resources Manager Nevarez)
CC/SA/HA 07/13/2022 7
13.22) Adopt Resolution No. CC 2022 -081, a Resolution of the City Council of the City of Palmdale Maki ng Legally Required Findings for Extending Remote Teleconference Participation for Meetings of the City Council and its Related and/or Subordinate Legislative Bodies. (Staff Reference: Acting City Attorney Porter)
Mayor Hofbauer pulled this item for discus sion. Acting City Attorney Porter provided clarification to Council regarding teleconferencing participation.
Mayor Hofbauer made a motion not to adopt Resolution No. CC 2022 -081, the motion died for lack of a second.
Motion: Adopt Resolution No. CC 2022-081.
Moved by Richard J Loa, seconded by Juan Carrillo.
Vote: Motion carried (4-1)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
No: Steven Hofbauer.
13.23) Approve the minutes from the previous meetings. (Staff Reference: City Clerk/Agency Secretary Smith)
CC/SA/IDA/PAA/PCA/PFA - May 18, 2022
CC/SA/PCA - June 1, 2022
CC - June 3, 2022
Motion: Approve all items listed on the Consent Calendar with the exception of
13.9, 13.10, and 13.22.
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.
14) PUBLIC HEARING
14.1) Public Hearing and Review of Proposed Resolution No. CC 2022 -041 for adoption regarding drainage benefit assessments. (Staff Reference: Director of Public Works Heffernan)
Councilmember Bishop recused himself from Item 14.1 and stepped away from the dais.
Director of Public Works Heffernan provided a brief overview of the staff report and read the title of Resolution No. CC 2022-041.
RESOLUTION NO. CC 2022-041, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE APPROVING THE ENGINEER'S REPORT
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AND THE CONTINUATION OF THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2022/202 3 FOR THE CITY OF
PALMDALE DRAINAGE BENEFIT ASSESSMENT DISTRICTS NO. 1 AND NO. 2006-02
Mayor Hofbauer opened the Public Hearing.
Public Comments: None.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-041.
Moved by Richard J Loa, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.
Councilmember Bishop returned to the dais at this time.
14.2) Public Hearing and Review of Proposed Resolution No. CC 2022 -042 for adoption regarding landscape, parks and streetlight maintenance assessments. (Staff Reference: Director of Public Works Heffernan)
Director of Public Works Heffernan presented the staff report and read the title of Resolution No. CC 2022-042.
RESOLUTION NO. CC 2022-042, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE APPROVING THE ENGINEER'S REPORT
AND THE CONTINUATION OF THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2022/2023 FOR THE CITY OF
PALMDALE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS AND
ANNEXATIONS, PARK MAINTENANCE AND RECREATION
IMPROVEMENT DISTRICT, AND STREETLIGHT MAINTENANCE
ASSESSMENT DISTRICTS AND ANNEXATIONS
Mayor Hofbauer opened the Public Hearing.
Public Comments: None.
A motion was made and carried unanimously to close the Public Hearing.
Mayor Pro Tem Loa asked about the status of Rancho Vista Park. Director of Public Works Heffernan and Deputy Director of Public Works Glidden provided a status update on the lighting, tr ees, and irrigation, and announced a ribbon cutting scheduled on August 1, 2022. Discussion ensued regarding Palmenthol Historical, A.C. Warnack, and Arnie Quinones parks.
Motion: Adopt Resolution No. CC 2022-042.
Moved by Austin Bishop, seconded by Richard J Loa.
Vote: Motion carried (5-0)
CC/SA/HA 07/13/2022 9
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
14.3) Public Hearing and Review of Proposed Resolution Nos CC 2022 -061, CC 2022-062 and CC 2022 -063 for adoption regarding establish ment of a community facilities district and related special taxes, appropriation limit, and annexation; introduce ordinance levying special taxes in Community Facilities District 2022 -1. (Staff Reference: Director of Public Works Heffernan)
Director of Pu blic Works Heffernan provided a brief overview of the staff report and read the title of Resolution Nos. CC 2022 -061, CC 2022-062, and CC 2022-063.
RESOLUTION NO. CC 2022-061, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE OF FORMATION OF THE CI TY OF
PALMDALE COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (CITYWIDE
MAINTENANCE AND SERVICES), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING
AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND PROVIDING FOR THE FUTURE ANNEXATION OF PROPERTY TO THE DISTRICT;
RESOLUTION NO. CC 2022-062, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (CITYWIDE
MAINTENANCE AND SERVICES); AND
RESOLUTION NO. CC 2022-063 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING THE RECORDING OF NOTICE OF SPECIAL TAX LIEN - COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (CITYWIDE
MAINTENANCE AND SERVICES)
Mayor Hofbauer opened the Public Hearing.
Public Comments: None.
A motion was made and carried unanimously to close the Public Hearing.
Council asked about the Landscape Maintenance Districts (LMD's) and the ability for property owners to be included in an annexation o r to opt out.
Director of Public Works Heffernan and Sara of NBS provided clarification on the process of being included in or opting out of a Landscape Maintenance District and provided information on the Community Facility District.
Deputy City Clerk Scott opened the ballot and stated the district carried.
Motion: Adopt Resolution Nos. CC 2022-061, CC 2022-062 and CC 2022-063.
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
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Bettencourt.
Mayor Hofbauer called for a recess at 9:00 p.m. - 9:10 p.m.
Mayor Hofbauer left the meeting at this time.
14.4) Public Hearing and Review of Proposed Resolution No. CC 2022-043 for adoption. (Staff Reference: Director of Public Works Heffernan)
Director of Public Works Heffernan presented the staff report and read the title of Resolution No. CC 2022-043.
RESOLUTION NO. CC 2022-043, A RESOLUTION OF THE CITY COUNCIL
OF T HE CITY OF PALMDALE UPDATING THE SEWER COLLECTION
SERVICE CHARGE AND ORDERING THE CONTINUATION OF THE
CHARGE FOR THE OPERATION AND MAINTENANCE OF THE
PALMDALE SEWER COLLECTION SYSTEM FOR FISCAL YEAR
2022/2023
Mayor Pro Tem Loa opened the Public Hearing.
Public Comments: None.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-043.
Moved by Austin Bishop, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
14.5) Public Hearing and Review of Proposed Resolution No. CC 2022-077. (Staff Reference: Director of Public Works Heffernan)
Director of Public Works Heffernan provided a brief overview of the staff report and read the title of Resolution No. CC 2022-077.
RESOLUTION NO. CC 2022-077, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE ORDERING THE VACATION OF A
SEGMENT OF 6TH STREET EAST (100 FEET SOUTH OF SIERRA
HIGHWAY TO 220 FEET NORTH OF AVENUE P-14) AND THE
RESERVATION OF THE EXISTING UTILITY EASEMENTS THEREIN
Mayor Pro Tem Loa opened the Public Hearing.
Public Comments: None.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-077.
Moved by Austin Bishop, seconded by Juan Carrillo.
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Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
14.6) Public Hearing and Review of Proposed Or dinance No. 1589 for adoption. (Staff Reference: Director of Economic and Community Development Garibay - Presented by Associate Planner Alvarado)
Associate Planner Alvardo provided a detailed overview of this project and read the title of Ordinance No. 1589.
ORDINANCE NO. 1589, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING SPECIFIC PLAN AMENDMENT 21 -001;
A REQUEST TO MODIFY LAND USE DESIGNATIONS, PERMITTED USES,
AND STANDARDS OF DEVELOPMENT FOR THE RANCHO VISTA
SPECIFIC PLAN
A motion was made and carried unanimously to close the Public Hearing.
Mayor Pro Tem Loa opened the Public Hearing.
Public Comments: None.
Greg Quan, RY Properties, announced that he was available to answer Council questions. Mayor Pro Tem Loa asked about the increase in density, and Mr. Quan stated the overall density would not be increased. Discussion ensued regarding future development.
A motion was made and carried unanimously to introduce Ordinance No. 1589.
Motion: Adopt Ordinance No. 1589.
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.
14.7) Public Hearing and Review of Proposed Ordinance No. 1592 for adoption. (Staff Reference: Director of Economic and Community Development Garibay)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ORDINANCE NO. 1592 FLAVORED TOBACCO BAN,
AMENDING SECTION 5.04.670 (TOBACCO/SMOKING PRODUCT
RETAILER) OF CHAPTER 5.04 (BUSINESS REGULATION) OF TITLE 5 (BUSINESS LICENSES, TAXES, AND REGULATION) OF THE PALMDALE
MUNICIPAL CODE BANNING FLAVORED TOBACCO PRODUCTS
Motion: Continue Ordinance No. 1592 to the August 3, 2022 City Council
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meeting.
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.
14.8) Public Hearing and Review of Proposed Resolution No. CC 2022 -064 regarding energy rates and rate setting parameters. (Staff Reference:
Director of Finance Samson - Presented by Energy Resource Manager Salt) Energy Resource Manager Salt provided a brief overview of the staff report and read the title of Resolution No. CC 2022 -064. Ms. Salt introduced t he consultant Cathy DeFalco from CalChoice who provided information regarding the different programs, Discussion ensued regarding Electrical Vehicle (EV) chargers.
RESOLUTION NO. CC 2022-064, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE, APPRO VING THE INITIAL RATES AND
RATE SETTING PARAMETERS FOR ENERGY FOR PALMDALE'S
INDEPENDENT CHOICE COMMUNITY CHOICE AGGREGATION
PROGRAM
Mayor Pro Tem Loa opened the Public Hearing.
Garlenia Davis and Mario Presents provided public comments regarding the rates and purchasing of power.
Energy Resource Manager Salt and Ms. DeFalco answered questions regarding procurement of energy, maintenance of energy lines, prevention of black outs and brown outs, and the option to opt out.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-064.
Moved by Juan Carrillo, seconded by Austin Bishop.
Vote: Motion carried (3-1)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop.
No: Laura Bettencourt.
Absent: Steven Hofbauer.
Mayor Pro Tem Loa requested that 14.10 be taken out of order at this time.
Council concurred.
A motion was made and carried unanimously to continue the meeting past 10:30 p.m. to hear Item Nos. 14.10 and 15.1.
14.9) Public Hearing and Review of Proposed Resolution No. CC 2022 -065 for adoption, regarding an updated city-wide fee schedule. (Staff Reference:
Director of Finance Samson)
This item was not heard.
CC/SA/HA 07/13/2022 13
14.10) Public Hearing and Review of Proposed Urgency Ordinance U-1590 for adoption. (Staff Reference: Acting City Attorney Porter)
Mayor Pro Tem Loa stated he spoke to Acting City Attorney Porter and asked him to prepare language related to a motion to have all of the commissioners removed and to reappoint the current commi ssioners to serve until after the election. Discussion ensued regarding expiration of terms and the application process.
Acting City Attorney Porter read the title of Urgency Ordinance No. U-1590.
Adopt Urgency Ordinance No. U -1590, An Ordinance of the C ity Council of the City of Palmdale Amending Chapter 2.46 Regarding Planning Commissioner Appointments
Mayor Pro Tem Loa opened the Public Hearing.
The following individuals provided public comments:
Stacia Nemeth opposed the adoption of Urgency Ordinance No. U-1590 encouraged Council to reappoint the eligible commissioners.
Eric Ohlsen stated the Commissioners serve at the pleasure of the City Council.
Kevin Shenkman spoke in opposition to the appointment of new Planning Commissioners.
A motion was made and carried unanimously to close the Public Hearing.
Mayor Pro Tem Loa restated his motion to maintain all of the current Commissioners in place until after the election. Discussion ensued among Council. Acting City Attor ney Porter directed Council to the staff report for clarification. Councilmember Bishop asked for clarification of Mayor Pro Tem Loa's motion. Mayor Pro Tem Loa clarified his motion. Councilmember Bishop seconded Mayor Pro Tem Loa's motion. Acting City Att orney Porter read the amended ordinance language into the record.
Motion: Adopt Urgency Ordinance No. U-1590.
Moved by Richard J Loa, seconded by Austin
Bishop.
Acting City Attorney Porter asked for a recess at this time. No vote was taken.
Recess was held from 10:49 p.m. - 11:05 p.m.
Councilmember Bettencourt made a motion to postpone this item until July 20, 2022 and to keep the application process open until the date of the meeting. Councilmember Bishop seconded the motion. There was no vote taken on this motion.
CC/SA/HA 07/13/2022 14
Motion: Adopt Urgency Ordinance U-1590 with amendments.
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.
15) APPOINTMENTS
A motion was made and carried unanimously to continue the meeting to hear Item 15.1 only.
Motion: To continue the balance of the agenda to the July 20, 2022 meeting. Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt. Absent: Steven Hofbauer.
15.1) Removal and Appointment and/or Reappointment of Planning Commissioners. (Staff Reference: Acting City Attorney Porter)
Mayor Pro Tem Loa called for Public Comments.
The following individuals provided public input:
Eric Ohlsen spoke regarding Planning Commissioner appointments. Kevin Shenkman opposed removing the Planning Commissioners.
A motion was made and carried unanimously to closed the Public Comment section.
Motion: Move to keep all five (5) Planning Commissioners in place until after the election.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion Failed (2-2)
Yes: Richard J Loa, Austin Bishop. No: Juan Carrillo, Laura Bettencourt.
Steven Hofbauer.
Motion: Continue this item to the July 20, 2022 meeting. Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt. Absent:
Steven Hofbauer.
15.2) Approve Appointment to the Palmdale Aerospace Academy. (Staff Reference: City Clerk Smith)
This item was tabled to July 20, 2022.
CC/SA/HA 07/13/2022 15
16) NEW BUSINESS
16.1) Award Measure AV Grant Program Funding, totaling $1,306,810, to grantees in Exhibit A and authorize Interim City Manager to enter into agreements ranging from $2,000 to $250,000. (Staff Reference: Deputy Director of Parks and Recreation Dombrowski and Management Analyst Kelley)
This item was tabled to July 20, 2022.
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
• ANTELOPE VALLEY TRANSIT AUTHORITY
• CALIFORNIA CONTRACT CITIES ASSOCIATION
• CITY OF PALMDALE AUDIT COMMITTEE
• CITY OF PALMDALE INVESTMENT OVERSIGHT COMMITTEE
• HIGH DESERT CORRIDOR JOINT POWERS AUTHORITY
• LEAGUE OF CALIFORNIA CITIES
• LOS ANGELES COUNTY SANITATION DISTRICT
• NORTH LOS ANGELES COUNTY TRANSPORTATION COALITION
• PALMDALE RECYCLED WATER AUTHORITY
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL
COUNCIL
• UNITED STATES/MEXICO SISTER CITIES ASSOCIATION
• CALIFORNIA STATE PRISON – LOS ANGELES COUNTY, CITIZENS
ADVISORY COMMITTEE
This item was not heard.
17.2) MEETINGS ATTENDED AT PUBLIC EXPENSE
18) CITY MANAGER’S REPORT
This item was not heard.
19) CITY COUNCIL REQUESTS FOR NEW AGENDA ITEMS
This item was not heard.