CC/HA Minutes – 11/15/2023 – 5pm
1 MINUTES
CITY COUNCIL/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
NOVEMBER 15, 2023
www.cityofpalmdale.org
1) CALL MEETING TO ORDER
Mayor Bettencourt called the meeting to order at 5:00 p.m.
*Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,
COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA-
SAENZ, BETTS
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Dianne Betts.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4) PRESENTATION
4.1) Mayor Bettencourt declared Saturday, November 25th, 2023 as Small Business Saturday.
Mayor Bettencourt pulled Item 7.6, renaming of Avenue Q6 to Hammack Avenue, and postponed it to the December 6, 2023 meeting.
5) PUBLIC COMMENTS:
None.
Mayor Bettencourt closed the public comments.
6) HOUSING AUTHORITY CONSENT CALENDAR
Mayor Pro Tem Alarcón pulled Items 6.2 and 6.3 for discussion.
6.1) Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This permits reading the title only in lieu of reciting the entire text.)
6.2) Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction (A -8566), Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. (A -8558), and Nash Construction Services, Inc. (A- CC/HA Minutes – 11/15/2023 – 5pm
2 8565) for $200,000 each for two years with option for one additional year.
Director of Neighborhood Service Reyes presented the staff report.
Mayor Pro Tem Alarcón asked for an overview of the request for quote (RFQ) process. Director of Neighborhood Services Reyes explained the process.
Mayor Pro Tem Alarcón discussed the rate schedules, integrity of bids, and local contractors.
Discussion ensued regarding outreach, prioritizing local contractors, and the procurement policy.
Motion: Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction, Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc. for $200,000.
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (6-1)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Dianne Betts.
No: Andrea Alarcón.
6.3) Adopt Resolution No. HA 2023 -004, a Resolution of the Housing Authority of the City of Palmdale approving the sale of 38553 4th Street East, APN 3008- 016-902 at the appraised value to an eligible household, and to provide a loan from proceeds or Permanent Local Housing Allocation funds (PLHA) to meet affordability requirements.
Senior Housing Coordinator Nichols presented the staff report.
Mayor Pro Tem Alarcón asked if the eligible household was identified and requested a minor change to the resolution. Senior Housing Coordinator Nichols explained the process and stated the change would be made to the resolution.
Motion: Adopt Resolution No. HA 2023 -004 as amended.
Moved by Richard J. Loa, seconded by Laura
Bettencourt.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Dianne Betts.
Motion: Approve all items listed under the Housing Authority Consent Calendar except 6.2 and 6.3.
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J.
Loa, Christina Fraga-Saenz, Dianne Betts.
Mayor Bettencourt adjourned the Housing Authority at 5:35 pm.
CC/HA Minutes – 11/15/2023 – 5pm
3 7) CONSENT CALENDAR
Mayor Pro Tem Alarcón pulled Items 7.1, 7.2, 7.3, 7.4, and 7.5.
7.1) Adopt Resolution No. CC 2023 -075, a Resolution of the City Council of the City of Palmdale amending the City's Classification and Pay Plan for General Positions; Adopt Resolution No. CC 2023-076, a Resolution of the City Council of the City of Palmdale amending the City's Classification and Pay Plan for Bargaining Unit Positions; and Adopt Resolution No. CC 2023 -037, a Resolution of the City Council of the City of Palmdale Establishing Director/Executive Employees' Compensation, Benefits, and Other Terms and Conditions of Employment.
Director of Operations Samson provided a detailed overview of this item.
Mayor Pro Tem Alarcón asked for the breakdown of the fiscal impact. Director of Operations stated the fiscal impact is related to the new positions.
Mayor Bettencourt asked if the fiscal impact was a one-time-only cost or an ongoing annual cost. Director of Operations stated it is an annual cost.
Councilmember Loa discussed the salary analysis for the Senior Civil Engineer position and stated it showed that the City of Palmdale pays 15 -20% lower than surrounding agencies. Director of Operations confirmed that he was correct.
Motion: Adopt Resolution No. CC 2023 -075, Adopt Resolution No. CC 2023 - 076, and Adopt Resolution No. CC 2023-037.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
7.2) Adopt Resolution No. CC 2023 -067, a Resolution of the City Council of the City of Palmdale approving the Palmdale Aerospace Incentive Program.
Economic Development Manager Schuler presented the staff report and discussed the eligibility requirements.
Discussion ensued regarding job creation, capital investment, increase of funding, and criteria.
Motion: Adopt Resolution No. CC 2023-067
Moved by Richard J. Loa, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
CC/HA Minutes – 11/15/2023 – 5pm
4 7.3) Notice of Completion - Accept Public Improvements for Circle K at 3851 East Palmdale Blvd.
Mayor Pro Tem Alarcón moved to reconsider this item, Mayor Bettencourt seconded the motion. There was Council consensus.
Director of Public Works Glidden provided details on this item.
Discussion ensued regarding the location of the project, type of improvements, acceptance of improvements, and maintenance service agreements with Caltrans.
Director of Public Works Glidden stated she would discuss their concerns with City Engineer Padilla.
Motion: Table item to a future meeting.
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
7.4) Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction, Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc. for $200,000 each for two years.
Director of Public Works Glidden provided a brief overview of this item and discussed outreach to local general contractors.
Discussion ensued regarding outreach to local bidders, registration with the California Department of Industrial Relations, insurance and liability costs, and the community workforce agreement.
Mayor Pro Tem Alarcón discussed the scope of work and renewed her support for investing in local contractors.
Mayor Pro Tem Alarcón made a motion to send this item back to the City team to have them bundle the contract scope of work so that it can fall under the Community Workforce Agreement (CWA) so that they can guarantee that the contractors meet the thirty percent threshold to provide local jobs to veterans, women, apprentices, and disadvantaged workers. The motion died for lack of a second.
Motion: Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction, Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc.
Moved by Austin Bishop, seconded by Richard J. Loa.
CC/HA Minutes – 11/15/2023 – 5pm
5 Vote: Motion carried (4-1)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa.
No: Andrea Alarcón.
7.5) Approve agreement with Southern California Edison (SCE) for participation in the Small Site Rebate Program for the purchase and installation of three Electrical Vehicle (EV) Charging Stations at the Palmdale City Library.
Innovation and Environmental Manager Lucha provided a detailed overview of this item.
Discussion ensued regarding the library charging stations, rebates, costs of maintenance, and infrastructure costs.
Motion: Approve agreement with Southern California Edison (SCE) for participation in the Small Site Rebate Program for the purchase and installation of three Electrical Vehicle (EV) Charging Stations at the Palmdale City Library.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
7.6) Consideration and adoption of Resolution No. CC 2023 -059, a Resolution of the City Council of the City of Palmdale approving the renaming of Avenue Q - 6 to Hammack Avenue (Avenue Q -6) between Sierra Highway to 10th Street East.
Mayor Bettencourt postponed this item to the December 6, 2023 meeting.
7.7) Approve the minutes from the previous meetings.
CC - November 1, 2023
Motion: Approve all items listed under the Consent Calendar except 7.1, 7.2, 7.3,
7.4, 7.5
Moved by Laura Bettencourt, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J.
Loa.
8) APPOINTMENT
8.1) City Council Nomination and Appointment of one (1) Member to the Palmdale Tourism Improvement District Board.
Motion: Appoint Sandra Stapleton to the Palmdale Tourism Improvement District Board.
Moved by Richard J. Loa, seconded by Andrea Alarcón.
CC/HA Minutes – 11/15/2023 – 5pm
6 Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
Ms. Stapleton provided her background and experience.
9) PUBLIC HEARING
9.1) Introduction and Adoption of Ordinance No. 1612, an Ordinance of the City Council of the City of Palmdale approving various amendments to the Palmdale Municipal Code.
Mayor Bettencourt read the title of Ordinance No. 1612.
Planning Manager Magana displayed a PowerPoint and provided a brief overview of this item.
There was Council and staff discussion regarding typographical errors and the postponement of this item.
Motion: Table this item to the December 6, 2023 meeting.
Moved by Richard J. Loa, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
9.2) Introduction and adoption of Ordinance No. 1615, an Ordinance of the City Council of the City of Palmdale approving amendments to Title 12 of the Palmdale Municipal Code (PMC); and Adopt Resolution No. CC 2023 -078, a Resolution of the City Council of the City of Palmdale approving adoption of updated administrative fine amounts for building and safety violations and adoption of fines and plan processing and redemption fees associated with shopping cart enforcement and elimination of certain business permit fees.
Mayor Bettencourt read the title of Ordinance No. 1615 and Resolution No.
CC 2023-078.
Planning Manager Magana displayed a PowerPoint and provided a detailed overview of this item.
There was Council and staff discussion regarding shopping cart compliance, the option for immediate removal of a shopping cart, and protocol for removing carts.
Mayor Bettencourt suggested that the wording should be changed to empty carts.
Mayor Pro Tem Alarcón asked for a provision that states, "If there is a person accompanying the cart, allow the individual to remove their belongings."
Community Compliance Manager Vallarta spoke about the options that are offered to the person found with the cart.
CC/HA Minutes – 11/15/2023 – 5pm
7 Mayor Pro Tem Alarcón stepped away from the dais at 7:04 p .m., and returned at 7:16 p.m.
Discussion ensued regarding cart locking mechanisms for big box retailers, abandoned carts, and City protocol.
Mayor Bettencourt called for a recess at 7:06 p.m. - 7:16 p.m.
Mayor Bettencourt called for Public Comments.
Public Comments: Ruth Sanchez spoke regarding the unhoused population and abandoned carts.
Mayor Bettencourt closed the Public Comments
Motion: Introduce and adopt Ordinance No. 1615 and Adopt Resolution No. CC 2023-078 as amended by Council from the dais
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.
Abstain: Richard J. Loa.
Councilmember Loa stated the reason for abstaining.
9.3) Introduction and adoption of Ordinance No. 1617, an Ordinance of the City Council of the City of Palmdale approving Planned Development 23 -001; a request to modify the development standards specified within the Palmdale Municipal Code for a proposed project within the Mixed Use 1 (MU 1) zone.
Mayor Bettencourt read the title of Ordinance No. 1617.
Assistant Planner Stachnick displayed a PowerPoint and provided a brief overview of the project.
There was Council discussion regarding the safety and fencing of the facility and support of the project.
Mayor Bettencourt called for Public Comments.
Public Comments: None.
Motion: Introduce and adopt Ordinance No. 1617
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
9.4) Adopt Resolution No. CC 2023 -068, a Resolution of the City Council of the City of Palmdale calling special election regarding alteration of Rate and CC/HA Minutes – 11/15/2023 – 5pm
8 Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch); Adopt Resolution No. CC 2023 -069, a Resolution of the City Council of the City of Palmdale declaring results of special alteration election in the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch), determining that alteration of the Rate and Method of Apportionment of Special Taxes for the District is lawfully authorized, and directing recording of an amendment to the Amended and Restated Notice of Special Tax Lien for the District.
Mayor Bettencourt read the title of Resolution Nos. CC 2023-068 and CC 2023- 069.
Director of Operations Samson provided the background for this item.
Mayor Bettencourt opened the Public Hearing.
Public Comments: None.
Mayor Bettencourt closed the Public Hearing.
Motion: Adopt Resolution No. CC 2023-068
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
Mayor Bettencourt requested that the ballot be opened. Acting City Clerk Scott opened the ballot and stated it was voted "Yes."
Motion: Adopt Resolution No. CC 2023-069
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
9.5) Adopt Resolution No. CC 2023 -070, a Resolution of the City Council of the City of Palmdale of Annexation of territory to the City of Palmdale Community Facilities District No. 93 -1 (Ritter Ranch), authorizing the levy of a special tax therein and submitting the levy of special tax to the qualified elector of the District; Adopt Resolution No. CC 2023 -071, a Resolution of the City Council of the City of Palmdale declaring results of special annexation election, determining the validity of prior proceedings, and directing recording of amendment to Notice of Special Tax Lien - City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch).
Director of Operations Samson stated the background for this item is the same as item 9.4.
Mayor Bettencourt opened the Public Hearing.
Public Comments: None.
Mayor Bettencourt closed the Public Hearing.
CC/HA Minutes – 11/15/2023 – 5pm
9 Mayor Bettencourt read the title of Resolution No. CC 2023-070 and CC 2023- 071.
Motion: Adopt Resolution No. CC 2023-070
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
Mayor Bettencourt asked the Acting City Clerk Scott to open the ballot. Acting City Clerk Scott stated the ballot measure was voted "Yes."
Motion: Adopt Resolution No. CC 2023-071
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
10) NEW BUSINESS
10.1) Approve Purchase and Sale Agreement with RDR Development Holdings LLC to acquire 652 acres of land for $10,800,000. (APNs: 3206-007-001; 3206-007-002; 3205-002-051; 3205-002-053; 3205-002-028; 3206-025-001 (portion); 3206 -006-008 (portion); and 3206 -006-028 (portion) located in vicinity of Vineyard Lane and Elizabeth Lake Road.
Economic and Community Development Director Garibay provided a detailed overview of this item.
Discussion ensued regarding a cost estimate for the infrastructure improvements.
Motion: Approve Purchase and Sale Agreement with RDR Development Holdings LLC to acquire 652 acres of land for $10,800,000.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
A representative from RDR Development Holdings LLC discussed the Ritter Ranch project. Council thanked RDR Development Holdings LLC for the development.
10.2) Approve execution of agreements related to Palmdale Solar and Battery Residential Program.
Innovation and Environmental Manager Lucha provided a brief overview of the program and introduced a representative from CalChoice. The representative further explained the program.
CC/HA Minutes – 11/15/2023 – 5pm
10 There was discussion among Council and CalChoice regarding the technology, lease process, financial flexibility, storage, and local jobs.
Motion: Approve execution of agreements related to Palmdale Solar and Battery Residential Program.
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
11) NON-AGENDA PUBLIC COMMENTS:
Councilmember Ohlsen requested that the children be allowed to speak first.
The following individuals expressed concerns regarding lighting, safety, and restrooms at Domenic Massari Park: Mr. Revell Walker; Lavardo, PYSO; Matthew Casas; Carina Lopez; Citizen (no name); Carlos Lopez; and Citizen (no name).
Mayor Bettencourt closed the Public Comments on the soccer league item.
City Manager Perez stated the City is working towards a solution.
There was Council discussion on upgrading Domenic Massari park , providing solutions, and allocating funds during the mid-year budget review.
Public comments continued: Eduardo Medina spoke regarding public safety in Palmdale and an incident with the Sheriff's Department; Ruth Sanchez commented in support of the Sheriff's Department; Eugene Hernandez spoke regarding the Ritter Ranch project and Amazon strike; Marcos Alvarez and Xavier Flores commented regarding HRAC recommendation to Council; Gerardo Sanchez discussed re -instating and allowing Palmdale lifeguards to do runs between rotations; Oscar Carrasco, SALVA, discussed food distribution and educational programs; Victoria Rayos, SALVA, discussed food distribution and asked for Council support; Nancy, SALVA, discussed food distribution funding; Bryan Cline updated Council on the Amazon strike; Christopher Santoy, AVC student, discussed trash disposal and special assessment taxes.
12) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS
Mayor Pro Tem Alarcón addressed two issues: 1) The Human Rights Advisory Committee recommendation to the Council related to alcohol outlet density; and 2) Funding to various organizations that provide food distribution.
Mayor Bettencourt announced the grand opening of the playground at by Oasis Park.
CC/HA Minutes – 11/15/2023 – 5pm
11 13) CITY MANAGER’S REPORT
City Manager Perez stated in the interest of brevity there were a lot of events attended, and several upcoming events can be found on the community calendar.
14) PRESENTATION BY CITY ATTORNEY
City Attorney Curley confirmed the items would be heard as listed.
14.1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Land Developers & Associates Corporation v. Successor Agency to the Community Redevelopment Agency of the City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22AVCV01093
The closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
14.2) 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).
14.3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION William Robert Herrera, et al vs. City of Palmdale, et al.
Central District of California Federal District Court
Case No. 2:16-cv-09453-MWF-MAR
This closed session is being held pursuant to the authority of California Government Code Section 54956.9.
14.4) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Priscilla Huerta, et al vs. City of Palmdale, et al.
Central District of California Federal District Court
Case No. 2:18-10354-MWF-FFM
This closed session is being held pursuant to the authority of California Government Code Section 54956.9.
15) ANNOUNCEMENT BY CITY ATTORNEY
City Attorney Curley announced the Council was updated and there was no reportable action.