09/21/2022 Minutes CC 5:00 & 7:00 PM
1 MINUTES
CITY COUNCIL
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
SEPTEMBER 21, 2022
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETINGS TO ORDER
Mayor Pro Tem Loa called the meeting to order at 5:01 p.m.
2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS
CARRILLO, BISHOP, BETTENCOURT
PRESENT: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
ABSENT: Steven Hofbauer.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
A motion was made and carried unanimously to close the Public Comments.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter confirmed that items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV01269
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 Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
09/21/2022 Minutes CC 5:00 & 7:00 PM
2 4.3) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of case: John J. Murphy v. City of Palmdale
Los Angeles County Superior Court Case Number: 22STCV22544 Related City Claim Number: 2022-007
4.4) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Leona Valley Town Council vs. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCP01932
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1)
4.5) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricky Thorstensen v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5) ANNOUNCEMENT BY CITY ATTORNEY
None.
6) ADJOURN CLOSED SESSION MEETING
Mayor Pro Tem Loa adjourned the Closed Session meeting at 7:03 p.m.
7:00 P.M.
Mayor Pro Tem Loa called the meeting to order at 7:04 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
Mr. Pat Hunt led the pledge of allegiance.
8) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)
Motion: Move to waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
09/21/2022 Minutes CC 5:00 & 7:00 PM
3 9) PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC
HEARINGS)
The following individual provided public input:
Jason Zink recommended that the City look at moving 20th Street East and Site 2 Road together (Item 10.3).
A motion was made and carried unanimously to close the Public Comments.
Mayor Pro Tem Loa called for a motion to excuse the absence of Mayor Hofbauer.
Motion: Excuse the absence of Mayor Hofbauer.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
10) CONSENT CALENDAR
10.1) Notice of Completion - Accept completed project with MLC Constructors, Inc. for PN 712, Maintenance Yard Improvements. (Staff Reference: Acting Director of Public Works Glidden)
10.2) Approve Final Parcel Map No. 73299 located on Trade Center Drive, 300 feet south of the intersection of Trade Center Drive and Technology Drive. (Staff Reference: Acting Director of Public Works Glidden)
10.3) Approve Consultant Agreement with MNS Engineers, Inc. for engineering design and surveying services for PN 867, Columbia Way (Ave M) and 20th Street East/Site 2 Road Traffic Signal Modification/Left Turn Phasing/Roadway Improvements and PN 868, Columbia Wa y (Ave M) and 30th Street East Traffic Signal Modification/Left Turn Phasing, in the amount of $153,651. (Staff Reference: Acting Director of Public Works Glidden)
Councilmember Carrillo pulled this item for discussion and requested a response for comments made by Mr. Zink. Acting Public Works Director Glidden and Traffic Engineer Nelson stated they would take into consideration the changes suggested by Mr. Zink.
Motion: Approve Consultant Agreement with MNS Engineers, Inc. for engineering design and surveying services for PN 867, Columbia Way (Ave M) and 20th Street East/Site 2 Road Traffic Signal Modification/Left Turn Phasing/Roadway Improvements and PN 868, Columbia Way ( Ave M) and 30th Street East Traffic Signal Modification/Left Turn Phasing, in the amount of $153,651.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
09/21/2022 Minutes CC 5:00 & 7:00 PM
4 Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
10.4) Adopt Resolution Nos. CC 2022-099, CC 2022-100, CC 2022-101, and CC 2022-102. (Staff Reference: Director of Finance Samson)
Resolution No. CC -2022-099, a Resolution of the City Council of the City of Palmdale declaring its intention to establish a Community Facilities District and to authorize the levy of special taxes therein - Ritter Ranch Maintenance Services
Resolution No. CC -2022-100, a Resolution of the City Council of the City of Palmdale declaring its intention to establish a Community Facilities District and to authorize the levy of special taxes therein - Ritter Ranch Phase 1 Public Facilities Resolution No. CC -2022-101, a Resolution of the City Council of the City of Palmdale declaring its intention to incur bonded indebtedness of the proposed Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) Resolution No. CC -2022-102, a Resolution of the City Council of the City of Palmdale determining that the Special Tax shall cease to be levied on certain parcels located within the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch)
10.5) Approve First Amendment with FirstCarbon Solutions and increase total amount by $243,200, not to exceed amount of $472,500 to perform ongoing environmental planning and permitting efforts. (Staff Reference: D irector of Economic and Community Development Garibay)
10.6) Adopt Resolution No. CC 2022 -104 a Resolution of the City Council of the City of Palmdale, to repeal and replace Resolution No CC 2016-085 with Resolution No. CC 2022 -104, which adopts the updated Local Hazard Mitigation Plan for the City of Palmdale for 2021 -2026. (Staff Reference:
Acting Director of Public Works Glidden)
Motion: Approve all items listed on the Consent Calendar with the exception of Item 10.3.
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.
09/21/2022 Minutes CC 5:00 & 7:00 PM
5 11) PUBLIC HEARING
11.1) Public Hearing and Review of Proposed Resolution Nos. CC 2022 -096 and CC 2022 -097 for adoption. (Staff Reference: Economic and Community Development Director Garibay - Presented by Planning Manager Taggart and Senior Planner Magaña)
Planning Manager Taggart read the title of Resolution Nos. CC 2022-096, CC 2022-097 and provided a detailed presentation of the General Plan Amendment.
RESOLUTION NO. CC 2022-096, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE APPROVING GENERAL PLAN
AMENDMENT 20 -003, RE -ADOPTING THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT APPROVED 2021 -2029
HOUSING ELEMENT, CERTIFYING PROGRAM ENVIRONMENTAL
IMPACT REPORT 22 -002 (SCH#2021060494) AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS
RESOLUTION NO. CC 2022-097, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE DISCOURAGING GENERAL PLAN
AMENDMENTS FOR 18 MONTHS FOLLOWING ADOPTION OF THE
GENERAL PLAN
Mayor Pro Tem Loa opened the Public Hearing.
The following individuals provided public input:
Eugene Hernandez commented regarding the fentanyl crisis.
Michael Rives spoke regarding the Healthcare District and advocated for a hospital on 40th Street East and Palmdale Boulevard.
Johnathan Amirieh asked about the General Plan effective date.
Pat Hunt shared his experience on the General Plan Advisory Committee and in support of the General Plan Amendment.
Lisa Quatman, Belldale LLC, commented regarding company owned vacant parcels and the flexibility of designations.
Roland Izquierdo proposed changing the zoning to commercial at 60 th Street East and Avenue T.
Laurel Forrest commended staff for their work and commented on the City's non-compliance to Accessory Dwelling Unit laws.
09/21/2022 Minutes CC 5:00 & 7:00 PM
6 Jason Zink thanked the General Plan Advisory Committee members and recommended that Council delay the approval of the General Plan Amendment.
Brian Avery, George Passantino, Benjamin Gocke, Drew Mercy, and Mark Maldonado spoke in support of the General Plan Amendment.
Daniel Singh, Land Developers & Associates, commented in support of General Plan Amendment and requested a designation change in one of the maps.
Mario Presents spoke regarding the environmental impacts and harvesting rain water.
James Valdes, representing Dr. Ming Mach, requested changes to the designations of property purchased by Dr. Mach.
A motion was made and carried unanimously to close the Public Hearing.
Mayor Pro Tem Loa stated amendments were received, and proposed additional amendments on pages 123, 127, and 247.
Councilmember Bettencourt asked about the eighteen (18) months stay on amendments. Planning Manager Taggert provided clarification. Discussion ensued regarding removing Resolution No. CC 2022 -097. There was Council consensus to remove Resolution No. CC 2022-097.
Mayor Pro Tem Loa and Interim City Attorney Porter cal led for a ten (10) minute break from 8:37 pm - 8:47 pm. Interim City Attorney Porter provided clarification regarding future general plan amendments.
Motion: Adopt Resolution No. CC 2022 -096 with amendments. 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.
12) NEW BUSINESS
12.1) Adopt Resolution No. CC 2022-103, a Resolution of the City Council of the City of Palmdale, California, establishing the Norms and Procedures for the Council’s Conduct of Public Business. (Staff Reference: Interim City Manager Perez, and Interim City Attorney Porter)
Mayor Pro Tem Loa requested continuing this item to the October 5, 2022 City Council meeting. Discussion ensued. A substitute motion was made by Councilmember Carrillo to adopt Resolution No. CC 2022 -103 as presented, the motion died for a lack of a second.
09/21/2022 Minutes CC 5:00 & 7:00 PM
7 Motion: Continue Item 12.1 to the October 5, 2022 City Council meeting.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (3-1)
Yes: Richard J Loa, Austin Bishop, Laura Bettencourt.
No: Juan Carrillo.
Absent: Steven Hofbauer.
Eugene Hernandez commented regarding public comments and Council expressing their views.
13) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public input:
Laura Gordon announced the Zonta Club Antelope Valley Walk a Mile event to be held on October 29th in Poncitlan Square.
Eugene Hernandez commented on the Sheriff's Department and fentanyl deaths.
Mike Anderson expressed his opinions regarding the inability to vote on a mayor.
Mayor Pro Tem Loa provided clarification and asked if information could be disseminated to the public or put on the website.
Jason Zink commented on voting for a mayor, general plan amendment adoption, and fentanyl deaths.
Mario Presents spoke regarding redistricting, litigation, and non -profit organizations receiving taxpayer money.
John Hardesty commented regarding transparency and honesty from elected officials.
Dawn Hardesty spoke regarding disbursement of Measure AV funds.
David Harris commented in support of the Sheriff's Department.
Garlenia Davis shared views regarding employee matters and vetting of city employees.
Abraham Salcedo spoke on guidelines for using public funds.
Carol Ross spoke regarding transparency, integrity, and Measure AV funds.
Carlos Diaz, via Zoom, expressed concerns regarding solar permits and automating the permitting process.