1. CALL MEETING TO ORDER
*Note: All City Council memberships are reflected in their City Council titles.
2. ROLL CALL
MAYOR BETTENCOURT, MAYOR PRO TEM ALARC
Ó
N, COUNCILMEMBERS
BISHOP, LOA, OHLSEN
COMMISSIONERS FRAGA-SAENZ, BETTS
3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4. PRESENTATIONS
4.1 Presentation by Los Angeles Internal Services Department and the Southern California Regional Energy Network (SoCalRen) of an award to City of Palmdale for "Extraordinary Emission Reduction for the Highest Energy Savings Achieved by a Public Agency".
4.2 Proclamation declaring December as Human Rights Month in the City of Palmdale and receive a verbal update from the Human Rights Advisory Committee.
4.3 Presentation of the Film Palmdale Strategic Plan.
CITY COUNCIL
SUCCESSOR AGENCY
HOUSING AUTHORITY
CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
WEDNESDAY, DECEMBER
6, 2023
5:00 PM
www.cityofpalmdale.org
WELCOME
City Council
Wednesday, December
6, 2023
Atch 1 Film Palmdale Strategic Plan.pdf
PPT_Film_Palmdale_Strategic_Plan.pdf
PUBLIC COMMENT RULES:
“(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency.”
In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of three (3) minutes on the entirety of the CC/HA Consent Calendars, New Business and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.
5. PUBLIC COMMENTS:
CC/HA CONSENT CALENDARS, NEW BUSINESS, AND CLOSED SESSION:
Now is
the time for public participation on items listed on the CC/HA Consent Calendars, New Business, and Closed Session items. Each speaker is allotted three (3) minutes total on the entirety of the above sections.
6. HOUSING AUTHORITY CONSENT CALENDAR
All matters listed under the Housing Authority Consent Calendar will be enacted by one motion unless an item(s) is pulled by the Authority, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the City Council
Wednesday, December
6, 2023
Agenda.
6.1 Approve the Housing Authority of the City of Palmdale's 2022-2023 Annual Report pursuant to California Health and Safety Code 34176.1 and direct staff to post the report on the City's website.
SR HAF 2022-2023 Report.docx
Atch 1 Housing Asset Fund Annual Report 2022-2023
6.2 Approve the minutes from the previous meetings.
August 16, 2023
September 6, 2023
November 15, 2023
Minutes HA 08 16 2023.pdf
MInutes HA 09 06 2023.pdf
Minutes HA 11 15 2023.pdf
7. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda.
7.1 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.)
7.2 Receive and file the Monthly Investment Activity Report for October 2023.
SR Monthly Investment Report October 2023.docx
Rpt Monthly Investment Report October 2023 COP & SA.pdf
7.3 Receive and file the Annual Activity Report for Development Agreement pertaining to the Oasis Wellness Village Project located at the southeast corner of Palmdale Boulevard and Tierra Subida Avenue.
SR Agreement Oasis Wellness Village.docx
Atch 1 Agrmt No. A-5595 Oasis Wellness Village.pdf
7.4 Approve agreement with Ninth Patriot, LLC for the deferment of undergrounding of transmission mainlines for Site Plan Review No. 19-001.
SR Agrmt with Ninth Patriot Deferment Transmission.docx
Agrmt No. A-8601 with Ninth Patriot.docx
Exh A Description of Developer's Property.doc
Exh B Estimated Cost for Undergrounding.pdf
Attachment No. 1 - Reso. No. PC-2020-032.pdf
City Council
Wednesday, December
6, 2023
7.5 Notice of Completion - Accept Public Improvements for Tract 61611 & 61981 located at the northeast corner of Avenue S and 65th Street East.
SR NOC.docx
Exh A 21-11.docx
Exh B Site Map.docx
NOC.doc
Site Photo.jpg
7.6 Approve Final Parcel Map No. 83805 (located at Trade Center Drive and Avenue P-4).
SR PM 83805.docx
PM 83805 Final.pdf
7.7 Approve Requisition No. 240592 with All-State Utility Supply, Inc. for the purchase of replacement streetlight poles and other related items in an amount not to exceed $207,380 for FY 2023-24.
SR Req. No. 240592 All-State Utility Supply Final.docx
Req No. 240592.pdf
Price Summary Schedule.pdf
7.8 Adopt 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.
SR Reso. No. CC 2023-059.docx
Reso. No. CC 2023-059.doc
Site Map Hammack Ave (Avenue Q-6).pdf
7.9 Notice of Completion - Accept Public Improvements for Circle K at 3851 East Palmdale Blvd.
SR NOC.docx
Exh A 17-02.docx
Exh B Site Map.docx
NOC.doc
Site Photo.png
7.10 Approve the minutes from the previous meetings.
CC - November 15, 2023
CC - November 16, 2023
Minutes HA 11 15 2023.pdf
Minutes CC 11 16 2023.pdf
City Council
Wednesday, December
6, 2023
8. PUBLIC HEARING
8.1 Public Hearing to obtain community input for the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) Grant for the development of the 2024-2025 Action Plan.
SR Public Hearing Action Plan 2024-2025.docx
8.2 Introduction and Adoption of Ordinance No. 1627, an Ordinance of the City Council of the City of Palmdale approving Zoning Ordinance Amendment (ZOA) 23-0003 to amend Title 17 and finding that the amendment is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045).
SR Ord. No. 1627.docx
Ord. No. 1627.doc
Exh A Ord. No. 1627.docx
PPT ZOA 23-0003 Ord. No. 1627.pptx
9. NON-AGENDA PUBLIC COMMENTS
:
Now is the time for public participation on
items not listed on the agenda. Each speaker is allotted two (2) minutes total on items not listed on the agenda.
10. NEW BUSINESS
10.1 Rotation of Incumbents serving as Mayor and Mayor Pro Tem.
SR_Rotation_of_Incumbents_Mayor_and_Mayor_Pro_Tem (1).docx
11. PRESENTATION OF A PLAQUE TO MAYOR BETTENCOURT AND CEREMONIAL
PASSING OF THE GAVEL
12. INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
12.1 Council Reports on Committee Memberships and Meetings Attended at Public Expense
Bettencourt Informational Report Nov 2023.docx
Bishop Informational Report Nov 2023.docx
Loa Informational Report Nov 2023.docx
Ohlsen Informational Report Nov 2023.docx
13. CITY COUNCIL ANNOUNCEMENTS AND REQUESTS
14. CITY MANAGER’S REPORT
City Council
Wednesday, December
6, 2023
15. PRESENTATION BY CITY ATTORNEY
15.1 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).
15.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code 54956.9(d)(2): 1 potential case
15.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION U-Haul v. City of Palmdale
Case No. 22AVCV00439
This closed session is being held pursuant to the authority of California Government Code Section 54956.9.
15.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Guerra v. City of Palmdale
Case No. 23AVCV01005
This closed session is being held pursuant to the authority of California Government Code Section 54956.9.
16. ANNOUNCEMENT BY CITY ATTORNEY
17. ADJOURN
meeting to January 10, 2024 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.
If you require oral Spanish translation, please contact the City Clerk’s Office at (661) 267- 5151 at least 72 hours prior to the meeting.
City Council
Wednesday, December
6, 2023
Strategic Plan
for Film Palmdale
A script to grow Palmdale as a filmmaking destination
and setting the stage for a creative future.
2 CONTENTS
3 Introduction
6 Background and Context
9 Goals, Strategies and Implementation Actions
GOAL 1
Market Film Palmdale .......................................................................... 9 GOAL 2
Make Filming Attractive and Easy ................................................... 12 GOAL 3
Involve the Community ..................................................................... 14 GOAL 4
Develop Film Infrastructure and Assets ......................................... 16 GOAL 5
Build Industry Networks .................................................................... 18 GOAL 6
Track Progress .................................................................................... 19
3 INTRODUCTION
The City of Palmdale has the exciting opportunity to
build off its rich history of cinema and develop as a film industry hub for Los Angeles County.
Since the silent film era, film producers have
sought out the Antelope Valley for its spectacular
desert setting and close proximity to Hollywood,
often stationing in Palmdale as base camp. In the
years since, even without the infrastructure of a
major studio city, Palmdale has built a reputation
as a unique and welcoming location to shoot
movies, TV shows, commercials and more.
In light of recent macro-level changes in the
film and entertainment industry, including the
expansion of Hollywood’s studio zone and
increased funding for the state’s film tax credit
program, Palmdale is in a prime position to chart
a bold vision for its future — one that puts the
City at the center of a growing Antelope Valley
film economy and uplifts the community through
investments in arts and culture, workforce
development and infrastructure. This Strategic
Plan for Film Palmdale is the roadmap to
achieving that objective.
Anchoring the City’s future ventures will be its
core strengths: proximity to the industry, ease
of access for film crews, cost effectiveness,
distinctive scenery and ample space for
development in a film friendly environment.
4 GOALS
Taking a 10-year time horizon of 2023-2033, this
strategic plan explores six goals the City can focus
on to drive and guide growth in the film sector.
5 STRATEGIES AND ACTION ITEMS
Informed by research and stakeholder interviews, the plan details specific strategies and action items to help the City achieve its goals over the short ( ST
1-5 years) and long terms ( LT 6-10 years).
PALMDALE 2045
This strategic plan is in alignment with the
City’s mission to provide world-class service
to its residents through innovation, passion,
engagement and collaboration. The goals
and strategies within also correspond with
those in the Palmdale 2045 General Plan
update, which aims to facilitate long-term film
industry growth in the City.
6 BACKGROUND AND CONTEXT
Situated less than 40 miles from downtown Los Angeles as the crow flies, Palmdale is the nearest “desert city” to Hollywood. Its unique natural landscapes and “old west” charm have drawn film makers across genres. The catalog of films that shot in or based their operations out of Palmdale is extensive. Productions that shoot on film sets outside of City limits still often stay in Palmdale, spending their dollars at local hotels, restaurants and stores.
Recent film industry dynamics and policy changes
have opened up new and exciting opportunities
for Palmdale. In 2015, film unions approved an
expansion of Hollywood’s 30-mile studio zone
(TMZ Zone), where film making is most cost
effective. A meaningful adjustment for Palmdale,
the expansion put most of the City limits inside
the new “secondary zone.” In parallel to that,
the state also bolstered its Film & T elevision
Tax Credit program to $330 million per year to
incentivize more in-state productions, creating an
expensive bottleneck for existing studio space
within the TMZ Zone.
30-mile TMZ Zone
40-mile TMZ Zone
Palmdale
7 As a result of those factors, Palmdale is an
emerging candidate for future sound stage and
studio development. According to Paul Audley,
president of FilmLA, the contracted nonprofit film
office for numerous public agencies in Southern
California, Palmdale is “ripe for [development] as
we look at the cost of building in Los Angeles,
the lack of property to do it in [and] the incredibly
difficult process to get approvals.” Palmdale’s
proximity to Hollywood, relatively affordable real
estate, ample supply of appropriately zoned
property and friendly stance toward the industry
all make it a viable and attractive future hub.
If Palmdale succeeds at that goal, City residents
in the film industry could find more career
opportunities closer to home and reduce their
need to commute long hours outside the City.
In addition to the already sizable film industry
workforce that resides in Palmdale, the field
is garnering increasing interest from a new
generation of Antelope Valley youth. According
to Duane Robertson, career technical education
coordinator at Antelope Valley Union Valley High
School District, the District recently introduced
new film and digital media academic pathways
that are seeing upticks in enrollment.
Over the past several years, the City of Palmdale
has taken strides to build up its own film
resources and incorporate the industry into its
long-range planning. The City retained a local
film liaison, David Halver, to enhance existing
partnerships with FilmLA and the Antelope Valley
Film Office for location and permitting services.
In early 2023, the City opened the Palmdale Film
Stage, a 6,000 square-foot converted studio
space with a 2,500 square-foot Cyclorama and
green screen. Additional steps to support industry
growth include partnering with local hoteliers to
subsidize film crew stays and setting goals for the
industry in the City’s recent General Plan update.
Palmdale
14Highway to Los Angeles
2 3
1 4
5 6
7 9
8 1 City Hall Campus
2 Palmdale Film Stage
3 Palmdale Playhouse
4 Palmdale Ampitheater
5 Lazy T Ranch
6 DryTown Waterpark
7 Joe Davies Heritage Airpark
8 Four Aces Movie Ranch
9 Club Ed Movie Ranch
POPULAR FILM LOCATIONS
8 > Some of the movies filmed in the Antelope Valley.
Resilience
Film in Palmdale has rebounded since the COVID-19
pandemic. According to data provided by the City’s film partners, Palmdale hosted 184 permitted film days in Fiscal Y ear (FY) 2021-22, a significant increase from a few dozen during the 2020 calendar year and 39 during FY 2018-19. In FY 2021-22, film productions throughout the Antelope Valley generated more than 3,000 hotel room stays in the City of Palmdale — about double the number of stays in 2020.
Looking to the future, Palmdale is poised to take advantage of continued growth in its film economy. The City can maximize future opportunities by advancing the goals and strategies outlined in this plan. Strategic investments in marketing, customer service, community relations, networking, infrastructure and data keeping can all help the sector blossom as a staple of the City’s economy. 8 8
9 GOALS,
STRATEGIES AND
IMPLEMENTATION ACTIONS
Film Palmdale will reach its 6 goals by pursuing specific strategies for each. Each strategy has a series of associated Implementation Actions that provide a practical timeline for the short-term and long-term steps that will transform Palmdale’s role in filmmaking.
The Implementation Actions focus on two timeframes:
1-5 year
SHORT TERM /parenleft.caseST/parenright.case
6-10 year
LONG TERM /parenleft.caseLT/parenright.case
GOAL 1
MARKET FILM PALMDALE
STRATEGIES
DEFINE THE FILM PALMDALE BRAND
AND STRATEGIC MESSAGING
ST 1 Define a brand that captures the City’s
filmmaking history, spirit and strengths.
ST 2 Craft strategic brand messaging, including
key points of emphasis (i.e., top filming
locations, inclusion in the Secondary Zone,
reverse commute, film-friendly policies,
affordable real estate, local workforce, state
and City incentives).
ST 3 Develop marketing assets, including stock
photography, video, drone video and new
animated logo.
ST 4 Produce an “About Film Palmdale” video for
website and other channels.
“ Y ou don’t need a massive
marketing budget. Y ou just need a
coordinated marketing campaign
about who you’re going to reach,
with what and then sustain that.”
– Paul Audley, FilmLA President
10 REFRESH FILM PALMDALE WEBSITE
ST 1 Improve Search Engine
Optimization across the site.
ST 2 Deploy strategic messaging to
tell Film Palmdale’s story and
generate excitement around key
brand strengths: film friendliness,
diversity of locations, easy
access, logistical flexibility, cost
effectiveness, City incentives,
history and vision for the future.
ST 3 Provide up-to-date and easily
navigable directories of film
locations, lodging options, other
amenities and crew members.
ST 4 Highlight City’s interest in
developing film infrastructure
through public-private
partnerships. Communicate key
selling points and offer action
steps to interested parties.
ST 5 Create engaging and visually exciting
content for the website, including
original video, drone video and photos.
Incorporate positive testimonials from
film production customers. Prominently
feature digital materials such as a
Creative Handbook (see Goal 2).
ST 6 Strategically incorporate prompts into the
website for visitors to “take the next step”
with Film Palmdale, such as including a web
inquiry form, links to City facility reservation
pages, hotel websites, FilmLA permit forms,
an avenue to apply for City rebates and
discounts and other prompts.
ST 7 Encourage visitors to keep up with Film
Palmdale by prominently featuring a film
news subpage, social media profiles, digital
newsletter and other potential channels to
follow Film Palmdale activities.
ST 8 Showcase economic impact and film activity
data (see Goal 6) on the website to promote
Palmdale’s success and celebrate the
industry’s community benefits.
11 ESTABLISH A SOCIAL MEDIA PRESENCE
ST 1 Create social media accounts on various
platforms targeting regional decision-
makers and industry associations.
ST 2 Assign a responsible party to manage the
accounts and plan a social media calendar.
ST 3 Leverage social media to promote
Film Palmdale and industry-related
activities and events.
AMPLIFY FILM PALMDALE NEWS
ST 1 Identify a location on the Film Palmdale
website to amplify film news, events,
local productions and insights. Tie-in to
social media channels and assign staff
member to manage.
LT 2 Build a template, schedule and roles for a
periodic digital newsletter sharing latest
news about Film Palmdale.
LT 3 Identify technical strategy for distribution
and list-management for Film Palmdale
news, including a subscription system,
email platform, web content, list
management and categories.
IDENTIFY OPPORTUNITIES FOR
ADVERTISING, SPONSORSHIPS AND
STRATEGIC PARTNERSHIPS
ST 1 Create and manage paid
advertisements for Film Palmdale
in select industry publications,
directories and digital platforms.
ST 2 Sponsor arts, culture and film-related
events in the Antelope Valley.
ST 3 Establish strategic partnerships with
key organizations, such as Antelope
Valley College, Visit Palmdale, Film
Liaisons in California Statewide, the
California Film Institute, FilmLA and
LA County, and develop marketing
strategies to promote Film Palmdale.
12 GOAL 2
MAKE FILMING ATTRACTIVE AND EASY
STRATEGIES
PURSUE WAYS TO STREAMLINE
PERMIT AND APPROVAL PROCESSES
ST 1 Meet regularly with City Film Liaison,
Antelope Valley Film Office and FilmLA
to discuss strategies to improve overall
service to the industry.
ST 2 Routinely review film permit fee levels and
identify opportunities to reduce costs and
streamline processes.
ST 3 Leverage available funds to establish
a program to offset film costs for
small- to medium-sized budgets.
ST 4 Identify unique strategies to offset the
practical challenges of filming, such
as creating a list of “turnkey” locations
in the City that have minimal costs
and requirements.
ST 5 Develop and identify a funding source for
a sustained City rebate or grant program
aimed at offsetting film costs.
ENSURE KEY FILM INFORMATION
IS UP TO DATE AND ACCESSIBLE
ST 1 Optimize customer service by developing
useful, practical content and graphics
that can be posted online. Examples
include a map of City and Antelope Valley
film locations, a map of available City
parking lots, a list of “turnkey” locations, a
breakdown of City and State incentives and
estimated permit costs.
ST 2 Partner with the Antelope Valley Film Office
and FilmLA to ensure key film information,
including location and crew directories, are
up to date, accurate and posted on the Film
Palmdale website.
13 PRODUCE A CREATIVE HANDBOOK
FOR FILMING IN PALMDALE
ST 1 Create an informative and visually
engaging Creative Handbook for
filming in Palmdale and update
it as needed. Promote the
handbook on marketing platforms
and distribute to film producers,
location managers and commercial
production houses.
ASSESS STAFF CAPACITY TO
SUPPORT FILM PALMDALE
ST 1 Establish and update the organizational
chart identifying key roles and
responsibilities for Film Palmdale.
ST 2 Update the City Film Liaison’s roles and
responsibilities to best meet the goals and
strategies of the Strategic Plan.
LT 3 Regularly evaluate staff resources as
needed to implement the Strategic Plan
and consider adding a full-time Film
Palmdale position.
LT 4 Consider establishing a Palmdale Film
Office to provide more robust service to a
growing industry and evaluate future roles
for the City Film Liaison and Antelope
Valley Film Office.
14 GOAL 3
INVOLVE THE COMMUNITY
STRATEGIES
CELEBRATE FILM CULTURE
IN PALMDALE
ST 1 Host regular “Palmdale Movie Nights”
emphasizing “Made in the AV” films.
LT 2 Hold community roundtables or pop-up
events to educate residents about the
City’s film history, vision for the future
and progress on the Strategic Plan
goals and strategies.
LT 3 Develop strategies for building
community excitement and a volunteer
base to support future Film Palmdale
events, festivals and functions.
ENCOURAGE COMMUNITY
USE OF PALMDALE FILM STAGE
ST 1 Organize tours of the Palmdale Film Stage
for high school and college students and
encourage student use of the facility for
course work and filming.
ST 2 Establish a “community use” rate
for the Palmdale Film Stage that
allows discounted access for local
nonprofits, businesses and Antelope
Valley filmmakers. Incorporate
flexibility into the community use
program to give professional
productions scheduling priority.
CREATE A PALMDALE
FILM NETWORK
ST 1 Establish a network of local and
regional partners to identify
opportunities to advance and promote
the City of Palmdale’s film-related
offerings and encourage community
participation in local film activities.
15 FACILITATE CAREER DEVELOPMENT
AND APPRENTICESHIP PROGRAMS
ST 1 Connect with local stakeholders, including
high schools and colleges, to promote and
discuss available funds in the California Film
& TV Tax Credit Program.
LT 2 Develop and facilitate a plan to promote
investment of California Film & TV Tax
Credit Program funds in Palmdale. Identify
strategies for film producers to invest tax
credit program contributions in Antelope
Valley high school or college film programs
or through on-the-job training opportunities
on Palmdale film sets.
LT 3 Explore opportunities to establish film
technical training programs, coordinating
with Antelope Valley College and
industry unions, such as T eamsters and
IATSE, and explore facility options to
house training programs.
LT 4 Formulate a communications plan
aimed at connecting Palmdale residents
with available film career development
and training opportunities, partnering
with film industry unions to facilitate
pathways to membership.
16 GOAL 4
DEVELOP FILM INFRASTRUCTURE AND ASSETS
STRATEGIES
SEEK PUBLIC-PRIVATE PARTNERSHIPS FOR
SOUND STAGE DEVELOPMENT
ST 1 Create a living spreadsheet of prospective
investors, funding sources and properties
suited for developing certified sound
stages, post-production facilities and
supportive infrastructure.
ST 2 Identify specific measures, policies and
incentives the City can adopt to make
Palmdale a more attractive destination for
studio development.
ST 3 Develop a communications plan for
outreach to major film studios, investors and
developers focused on the City’s interest in
bringing a production center to Palmdale.
LT 4 Create a strategy for pursuing a City-owned
sound stage, which may include a public-
private partnership component. Leverage
research already completed by the City
that identified a future sound stage as an
important industry driver.
LT 5 Identify the complementary services
and infrastructure that should serve a
new production hub (i.e., a commercial
center with retail and dining, capital
improvements such as roads, parks or
pedestrian amenities).
OPTIMIZE CITY’S CURRENT
FILM ASSETS AND IDENTIFY
OPPORTUNITIES TO EXPAND INVENTORY
ST 1 Take inventory of current City-owned
properties and assets and determine how
those currently used as film locations could
be better managed and promoted for
industry use.
LT 2 Develop plans for City properties and
assets that are currently underutilized for
film purposes, consider gaps in existing
services and portfolio of locations and sets.
LT 3 Identify private properties that are
currently used as film locations
or have high potential as film
locations and engage property
owners about City’s interest in
acquiring land.
16 “ If you look at the model that has worked, the
model that works is concentrated areas of a lot
of service and stage space. If you do a couple
standalone [stages] here and there, it doesn’t
have the impact you want, which is really to
create a new production center.”
– Paul Audley, FilmLA President
17 EXPAND BUSINESS AND PROPERTY OWNER
AWARENESS ABOUT OPPORTUNITIES TO RENT
LAND AND FACILITIES FOR FILM
ST 1 Host periodic training sessions for local
property owners and businesses that
offer helpful information on what steps are
necessary to make their properties available
to the film industry.
ST 2 Produce a “location guide” for local property
owners and businesses that details the
process to rent facilities for film (i.e., FilmLA
permitting, standard film agreements,
insurance basics, marketing strategies).
CREATE PARTNERSHIPS TO ADVOCATE AS A
REGION FOR FILM INDUSTRY GROWTH
ST 1 Initiate dialogue with the City of Lancaster
and County of Los Angeles about forming
a partnership centered around a shared
interest in developing the film economy in
the Antelope Valley.
LT 2 Identify ways the County and State can
facilitate film industry growth in both
cities and the unincorporated areas of
the Antelope Valley, including expanding
the Secondary Zone, and start a
coordinated advocacy campaign.
18 GOAL 5
BUILD INDUSTRY NETWORKS
STRATEGIES
INVITE INDUSTRY STAKEHOLDERS TO
PALMDALE TO GROW AWARENESS
ST 1 Maintain a list of key industry contacts,
including union leaders, to invite to film
events and activities in Palmdale.
ST 2 Host at least two “FAM tours” (familiarity
tours) per year in Palmdale to increase
exposure for location managers and scouts.
HOST FILM FESTIVALS
ST 1 Establish a partnership with NewFilmmakers
Los Angeles to invite its monthly film festival
to the City of Palmdale.
ST 2 Engage with the local business community
to identify venues and sponsors for a future
film festival.
LT 3 Host an amateur local film festival
showcasing young Antelope Valley
filmmakers in high school and college
programs.
LT 4 Plan and launch an annual Palmdale Film
Festival featuring professional, college and
high school filmmakers. Partner with Visit
Palmdale and other civic groups to organize
and promote the festival.
INCREASE PRESENCE AT INDUSTRY
EVENTS AND EXPOSITIONS
ST 1 Develop a list of key industry events,
conferences and expositions.
ST 2 Coordinate with FilmLA to attend and
speak at industry union events (i.e.,
Teamsters Local 399).
LT 3 Represent Palmdale at key events,
conferences and expositions, such
as the California on Location Awards
and the Location Managers Guild
International Awards.
19 GOAL 6
TRACK PROGRESS
STRATEGY
ESTABLISH METRICS TO TRACK FILM
INDUSTRY GROWTH AND REPORT PROGRESS
ST 1 Establish a mechanism for identifying the best data points to follow industry activity. Determine how the City can best collect the data, when the data should be collected and how it should be maintained. Standardize the process so that the same data points are tracked over time.
ST 2 Develop a calculation for determining the economic impact of the film industry in Palmdale and document that routinely as part of data-keeping.
ST 3 Produce annual reports on film activity in Palmdale and the City’s progress toward implementing the Strategic Plan.
LT 4 Work with Visit Palmdale to generate routine data reports on film crew hotel stays in the City.
LT 5 Publish annual data reports on Film Palmdale website.
City of Palmdale
38250 Sierra Highway, Palmdale, CA 93550
661-267-5125 • [email protected]
FilmPalmdale.com
Strategic Plan
for Film Palmdale
Introduction
10-year plan
6 Key Goals
Strategies and Implementation Actions
Short-Term (1-5 years) and Long-Term (6-10 years)
Key Steps Taken
Goals
Goal 1
• Define the Film Palmdale
Brand
• Refresh Film Palmdale
Website
• Social media presence
• Film Palmdale News
• Strategic partnerships
Goal 2
• Streamline permit/approval process
• Update and highlight key
information and services
• Produce creative handbook
• Assess Film Palmdale staff capacity
to support growth
Goal 3
• Celebrate Film Culture in Palmdale
• Encourage community use of
Palmdale Film Stage
• Establish network of local and
regional partners
• Facilitate career development
opportunities
Goal 4
• Advance sound stage/studio
development
• Optimize City film assets
• Identify opportunities to expand
inventory
• Educate property owners on film
opportunities
• Regional partnerships
Goal 5
• Invite industry on “familiarity (FAM)
tours” of Palmdale
• Attend industry events and
expositions
• Host film festivals
Goal 6
• Standardize metrics to measure
film activity and growth
• Calculate economic impact for City
• Produce annual reports
Housing Authority
Staff Report
DATE: DECEMBER 6, 2023
TO: HONORABLE CHAIR AND COMMISSIONERS
FROM: NEIGHBORHOOD SERVICES DEPARTMENT
HOUSING DIVISION
DISTRICT: ALL
SUBJECT: APPROVE THE HOUSING AUTHORIT Y OF THE CITY OF
PALMDALE’S 2022-2023 ANNUAL REPORT PURSUA NT TO
CALIFORNIA HEALTH & SAFETY CODE §34176.1 AND DIRECT
STAFF TO POST THE INFORMATION ON THE CITY’S WEBSITE
ISSUE
Approve the Housing Authority of the City of Palmdale’s 2022-2023 Annual Report prepared pursuant to California Health & Safety Code §34176.1 and direct staff to post the report on the City’s website.
RECOMMENDATION
Staff recommends that the Housing Authority:
1. Approve the Housing Authority of the City of Palmdale’s 2022-2023 Annual Report prepared pursuant to California Health & Safety Code §34176.1; and
2. Direct staff to post the information on the City’s website.
BACKGROUND
The former Redevelopment Agency of th e City of Palmdale was dissolved on February 1, 2012. Pursuant to the Dissolution Act, the City Council of the City of Palmdale adopted Resolution No. CC 2012 -003 on January 4, 2012 designating the Housing Authority of the City of Palmdale as the entity re sponsible for performing the housing functions previously performed by the former Redevelopment Agency and the Commissioners of the Housing Authority adopted Resolution No. HA 2012 -001, accepting the designation as the entity that will perform those housing functions.
Senate Bill 341, effective January 2014, and Assembly Bill 1793, effective January 2015, amended California Health and Safety Code 34176 and required specified housing financial and activity information be provided to the Housing Successor’s legislative body and posted on its internet website for the previous fiscal year.
Report to Chair and Commissioners of the Housing Authority Re: 2022-2023 Housing Asset Fund Annual Report
December 6, 2023
DISCUSSION
Staff has prepared the 2022-2023 Housing Asset Fund Annual Report and provides it herewith for the Housing Authority Board’s review and consideration.
FISCAL IMPACT
$0; There is no fiscal impact to the Housing Authority for 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: Becky Bartlett, Management Analyst II
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, Executive Director
Approved as to form: William P. Curley, III, Authority Counsel
ATTACHMENTS
1. Housing Authority of the City of Palmdale 2022-2023 Annual Report Pursuant to Health & Safety Code Section §34176.1
Housing Authority of the City of Palmdale
Annual Report
Pursuant to Health & Safety Code Section 34176.1
For the Fiscal Year Ended June 30, 2023
Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
1 Introduction
California Health & Safety Code §3 4176.1* requires that each housing successor present to its legislative body and post on its Internet website an annual report that contains the following items for the previous fiscal year:
• The amount deposited to the Low and Moderate Income Housing Asset Fund distinguishing items listed on the Recognized Obligation Payment Schedule fro m other accounts.
• A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
• A description of expenditures from the fund by category, including but not limited to , expenditures for:
o monitoring and preserving the long -term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering activities funded with the Low and Moderate Income Housing Asset Fund
o homeless prevention and rapid rehousing services
o development of affordable housing.
• The statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. • A description of any tran sfers made to a contiguous jurisdiction for the purpose of developing transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update of any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
• A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
• For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16 , as amended by Section 34176.1(e). For interests in real property acquired on or after February 1, 2012, a status update on the project.
• A description of any outstanding obl igations pursuant to Section 33 413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successors plans to meet unmet obligations.
• The housing successor shall include in the report posted on its Internet website the implementation plans of the former redevelopment agency. • If the housing successor fails to comply with the extremely low income requirement in any five year report, demonstrate progress to comply in the annual report. • The percentage of units of deed restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggreg ate number of units Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
2 of deed restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. • The amount of excess surplus, as defined in Section 34176(d), the amount of time that the housing successor has had excess surplus, and the housing successor’s plan for eliminating the excess surplus.
• An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of moneys from the Lo w and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund.
(D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.
* All references are to the Health & Safety Code unless otherwise stated Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
3 The following information is presented in accordance with the requirements of Section 34176.1(f):
(1) The amount deposited to the Low and Moderate Income Housing Asset Fund.
The amount deposited to the Low and Moderate Income Housing Asset Fund includes deposits for items on the Recognized Obligations Payment Schedule and funds generated from the housing successor’s assets, including revenues and loan payments. A summary of funds deposited is below:
Description Amount
Deposits for items on the ROPS
Loan payments
All other deposits
$250,000
$1,948,298
$269,190
Total $2,467,488
(2) A statement of the balance in the fund as of the close of the fiscal year.
The balance of the Low and Moderate Income Housing Asset funds is $13,267,735.
(3) A description of expenditures from the fund by category:
Description Amount
Expenditures for ROPS items
Monitoring and preserving the long -term affordability of units & administration of Low and Moderate Income Housing Asset Fund activities
$2,118,592
$560,255
Homeless prevention and rapid rehousing services. $89,789 Development* expenditures $627,603
Total $3,396,239
*Section 34176.1(a)(3)(D) defines “Development” as “ new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrict ions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code.”
(4) The statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
Description Statutory Value
Real Property $11,690,283
Loans and Grants Receivable $26,715,607
Total $38,405,890
Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
4 (5) A description of any transfers made to a contiguous jurisdiction for the purpose of developing transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing in the previous fiscal year.
None.
(6) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
The housing successor is holding $2,979524.90 of property tax revenue in an escrow account at US Bank for the Transit Village Townhome Project for Mortgage Assistance Program loans for eligible participants, impact fees, and construction funds . Additional property tax revenue in the Low and Moderate Income Housing Asset Fund is encumbered to satisfy the obligation under a Standard Agreement with the California Department of Housing and Community Development to develop 46 affordable townhomes. Construction of the infrastructure for 122 units has been completed. A parcel map for the project area has been completed and recorded.
(7) For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16, as amended by Section 34176.1. For interests in real property acquired on or after February 1, 2012, a status update on the project.
Acquired before February
1, 2012
Parcel
Date
Acquired/DOF
Approved
Status
3006-008-906/907/908 293-
191120
07/22/2005 10/5/2012 Agreement A -1977 for
development of 12 2 units of
owner occupied townhomes
503 East Avenue Q -3 3008-
010-020 (906) (293-191160)
07/19/2007 10/5/2012 Held for resale.
3008-010-015(904) (293-
191230)
10/15/2004 10/5/2012 Vacant land held for
development
Acquired after February 1,
2012
Parcel
38553 4th St East (3008-016-
902)
Date Acquired
10/02/2013
Status
Held for resale.
38627 32 nd Street East
(3021-005-900)
08/16/2013 Held for resale
1129 East Avenue R4 04/23/2015 Rehabilitated and h eld for resale
3008-010-021(907) (293 -
191243)
04/26/2013 Vacant and held for
resale/development
38301 11th Street East 09/03/2015 Rehabilitation
Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
5 38272 11th Street East 09/03/2015 Rehabilitation
38204 11th Street East 09/03/2015 Rehabilitation
38045 & 38055 10 th Street
East
09/03/2015 Rehabilitation
513 East Avenue Q4 11/05/2018 Held for resale
38107 10th Street East 04/06/2021 Held for resale
APN-3006-006-040 03/20/2023 Held for Resale
(8) A description of any outstanding replacement or production housing obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successors plans to meet unmet obligations.
No outstanding or unmet obligations.
The housing successor shall include in the report posted on its Internet website the implementation plans of the former redevelopment agency.
The most current implementation plan is posted at http://www.cityofpalmdale.org/Your-City- Hall/Federal-and-State-Grants.
(9) If the housing successor fails to comply with the extremely low income requirement in any five year report, demonstrate progress to comply in the annual report.
N/A
(10) The percentage of units of deed restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
Project Date completed Units Senior or Family
Wright Bros Ct 12/2013 156 Family
Valdez 1012 Q5 7/11/2014 1 Family
Palmdale Dream Center 02/12/2015 11 Transitional/Family La Quinta Apts 09/03/2015 100 Family
Summerwood Apts 09/03/2015 54 Family
Park Vista Apts 09/03/2015 28 Family
Impressions Apts 09/03/2015 109 Senior
ACT Duplex 513 Q2 07/10/2013 2 Family
Estes 509 Q6 12/10/2015 4 Family
Estes 515 Q6 12/10/2015 4 Family
Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
6 Project Date completed Units Senior or Family
Courson Arts Colony East 12/14/2016 81 Family
Courson Arts Colony West 05/08/2017 80 Family
38709 Larkin 02/28/2019 4 Family
507 Q4 05/11/2021 4 Family
Total 638
Senior 109 17% Senior
(11) The amount of excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus. Section 34176.1(d) defines excess surplus as an unencumbered amount in the account that exceeds the greater of one mi llion dollars or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater.
Computation of Low and Moderate Income Housing Asset Funds Excess Surplus
Low & Moderate Income
Housing Asset Funds
July 1, 2022
Cash Balance $15,933,821
Less Encumbrances ($14,747,501)
Unencumbered Amount $1,186,320
Limitation = greater of $1,000,000 or housing successor’s preceding four fiscal years’ deposits (§34176.1(d))
Deposits in housing successor’s last four fiscal years:
Fiscal year 2021-2022 $2,476,629
Fiscal year 2020-2021 $1,979,776
Fiscal year 2019-2020 $2,280,022
Fiscal year 2018-2019 $2,186,951
Total housing successor’s four fiscal years deposits $8,923,378
Base Limitation $ 1,000,000
Limitation - Greater Amount $8,923,378
Computed Excess Surplus [Unencumbered Amount
exceeding the Limitation]
NONE
(12) An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or Housing Authority of the City of Palmdale
Annual Report
Fiscal Year Ended June 30, 2023
7 to an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses. (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund.
(D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.
Number of homeownership units assisted by the former redevelopment agency or the housing successor and subject to covenants or restrictions at 6/30/2023: 131 Number of units lost to portfolio July 1, 2022 through June 30, 2023: 9 Reasons for Losses:
Loans paid: 6
Loans lost to foreclosure or value of property less than loan: 3 Funds received by the Housing Authority:
July 1, 2022 - June 30, 2023: $103,203
The Housing Authority of the City of Palmdale has not contracted with an outside entity for the management of the units.
City Council Minutes – 08/16/2023 – 5pm
1 MINUTES
CITY COUNCIL/HOUSING AUTHORITY
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
AUGUST 16, 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, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Dianne Betts.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Interim City Attorney Curley requested the addition of a new Item 14.1 D'Angelo vs City of Palmdale and stated the findings and the need to take immediate action.
Motion: Add item 14.1 regarding D'Angelo vs City of Palmdale case.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
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 Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Dianne Betts.
City Council Minutes – 08/16/2023 – 5pm
2 5) PUBLIC COMMENTS:
The following individuals provided public input: Eugene Hernandez commented regarding the future snack bar at the Best of the West Softball Complex; Cesar spoke in favor of Patrick Brophy being appointed to The Palmdale Aerospace Academy; Michael Ross spok e regarding items 7.5 and 7.6; and Jason Zink spoke regarding items 7.2, 7.5, and 7.6.
Mayor Bettencourt closed the Public Hearing.
6) HOUSING AUTHORITY CONSENT CALENDAR
6.1) Review and approve budget adjustments for acquisition of vacant land located along 3rd Street East near Avenue P-12 (APN 3006-006-036).
6.2) Approve the minutes from the previous meetings.
June 7, 2023 - HA Minutes
June 21, 2023 - HA Minutes
Motion: Approve all items listed on the Housing Authority Consent Calendar Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Dianne Betts.
7) CONSENT CALENDAR
7.1) Approve Second Amendment to agreement with NBS Government Finance Group (A-7611) to increase the total amount of the Agreement by $75,250 for a not to exceed amount of $1,001,380 for the remainder of the term through 2024.
7.2) Approve Second Amendment to Legal Services Agreement with Bradley, Gmelich & Wellerstein, LLP (A -7819) to increase the total amount of the Agreement by an additional $240,000 not to exceed the sum of $990,000.
7.3) Approve service agreement for a digital divide study with Nutter Consulting in the amount of $140,000 for a term of six (6) months.
7.4) Award Agreement with MNS Engineers, Inc. for Construction Management and Inspection Services Associated with PN795, Sam Yellen Park Phase 2, in the amount of $535,568 for a term of 16 months from the date of Notice to Proceed.
7.5) Approve Grant Agreement A-8464 with Advancing Communities Together for $781,820 for development of 20 -units of crisis interim housing, for a ten -year term, to be located at 38629 9th Street East, Palmdale.
Housing Coordinator Nichols provided a detailed overview of Item 7.4.
City Council Minutes – 08/16/2023 – 5pm
3 Council asked questions regarding the tiny home community's funding source, project location, and maximum capacity . Housing Coordinator Nichols responded.
Rossie and Olivia Cherry, Advancing Communities Together, spoke regarding developing properties, workforce development, serving the unhoused in the community, and a safety plan.
Discussion ensued regarding competitive proposals, access for City of Palmdale referrals, operational costs, and funding sources.
Motion: Approve Grant Agreement A-8464 (7.5) and A-8465 (7.6) with Advancing Communities Together.
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
7.6) Approve Grant Agreement A-8465 with Advancing Communities Together for $390,220 for facility improvements and site preparation for a Winter Shelter to be located at 38626 9th Street East, Palmdale.
7.7) Adopt Resolution No. CC 2023-050, a Resolution of the City Council of the City of Palmdale establishing a new full -time position and amending the City’s Classification and Pay Plan for General Positions.
7.8) Adopt Resolution No. CC 2023-048, a Resolution of the City Council of the City of Palmdale, authorizing the submission of the application for the 2023 Local Edward Byrne Memorial Justice Grant (JAG) Program to receive Grant allocation of $54,869.
7.9) Approve the minutes from the previous meeting. July 12, 2023 - CC/SA Minutes July 19, 2023 - CC Minutes
Motion: Approve all items listed on the Consent Calendar except 7.5 and 7.6.
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
8) APPOINTMENT
8.1) City Council nomination and appointment of one (1) member to The Palmdale Aerospace Academy Board of Directors.
Mr. Brophy provided his background and experience.
Motion: Appoint Patrick Brophy to The Palmdale Aerospace Academy Board of Directors.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
City Council Minutes – 08/16/2023 – 5pm
4 Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
9) PUBLIC HEARING
9 .1 ) Introduction and Adoption of Ordinance No. 1613, an Ordinance of the City Council of the City of Palmdale approving Zoning Ordinance Amendment 23- 001 and Zone Change 23 -001, a request to modify Title 17 of the Palmdale Municipal Code to address inconsistencies correct typographical errors, update the associated Zoning Map and find that the Amendment is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with City's General Plan (Palmdale2045).
Mayor Bettencourt read the title of Ordinance No. 1613.
Associate Planner Almora provided a brief PowerPoint on this project.
Mayor Bettencourt called for Public Comments.
Public Comment: Jason Zink
Mayor Bettencourt closed the Public Comments.
Motion: Introduce and Adopt Ordinance No. 1613
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
9 .2 ) Introduction and Adoption of Ordinance No. 1614, an Ordinance of the City Council of the City of Palmdale, a request to amend various sections of the Palmdale Municipal Code to address inconsistencies, correct typographical errors and references and finding that the Amendment is consistent with Program Environmental Impact Report 20 -002 prepared and certified in conjunction with the City's General Plan (Palmdale 2045).
Planning Manager Magana read the title of Ordinance No. 1614 and presented a PowerPoint on the this item.
Public Comment: Jason Zink
Mayor Bettencourt closed the Public Comments.
Motion: Introduce and Adopt Ordinance No. 1614
Moved by Richard J. Loa, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
City Council Minutes – 08/16/2023 – 5pm
5 9 .3 ) Introduction and Adoption of Ordinance No. 1611, an Ordinance of the City Council of the City of Palmdale, Amending Section 2.08.010 of the Palmdale Municipal Code to establish the process to annually designate the mayor and selecting the mayor pro tem.
Mayor Bettencourt read the title of Ordinance No. 1611.
Interim City Attorney Curley presented a detailed overview of this item.
There was Council discussion regarding a Councilmember declining their rotational position as mayor, and a rotational option for mayor pro tem.
Mayor Bettencourt called for Public Comments.
The following individuals provided public input: Jason Zink, Marcos Alvarez, Vicky Ventura, Felix Menendez, Marsha Furman, Xavier Flores, citizen (no name provided), and Bertha De Alegria
Mayor Bettencourt closed the Public Comments.
Council discussion ensued regarding the redistricting process, rotational systems, and the California Voters Rights Act.
Councilmember Ohlsen requested that staff research and report back to the Council on the process and feasibility of bringing back the directly elected mayor.
Councilmember Ohlsen suggested adding two provisions: 1) A Councilmember can deny the rotational position as mayor and 2) The mayor pro tem shall serve with the same provisions as mayor that they cannot be represented twice within a full rotation.
There was further discussion among the Council regarding amendments to the ordinance. Interim City Attorney Curley restated the changes suggested by Council. Discussion ensued regarding election reform.
Council suggested creating a public survey to receive feedback from the community after the legal analysis is completed.
Council provided direction to City Manager Perez to receive a legal analysis of a rotational mayor versus and at -large mayor and a strong mayor versus a ceremonial mayor.
Motion: Introduce and Adopt Ordinance No. 1611 with the amendments articulated by Interim City Attorney Curley from the dais.
Moved by Laura Bettencourt, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
City Council Minutes – 08/16/2023 – 5pm
6 10) NEW BUSINESS
10.1) Presentation update for the Community Programs Division.
Community Programs Coordinator Morales gave a detailed PowerPoint on the resources and services offered through SAVES and introduced the community partners.
Discussion ensued regarding the timeframe for the relocation of SAVES and the different programs offered at SAVES.
Council thanked staff and the community partners.
Mayor Bettencourt called for Public Comments.
Public Comment: Jason Zink spoke regarding signage and grants.
Mayor Bettencourt closed the Public Comments.
10.2) Consideration and adoption of City Council Rules and Regulations; recommendation to adopt Resolution No. CC 2023 -052, a Resolution establishing a Code of Conduct for City Council Members and Officials and establishing rules for conducting City Council Meetings.
Mayor Bettencourt requested that the item be postponed.
Discussion ensued regarding designating an Ad Hoc Committee and revisions to the code of conduct.
Motion: Continue Item 10.2
Moved by Laura Bettencourt, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
10.3) Letter of Support protecting U.S. Manufacturing Jobs, Community Investments, and Promoting Innovative Workforce and Community Partnerships.
Mayor Pro Tem Alarcón recused herself from this item stating a conflict of interest.
Councilmember Bishop recused himself from this item stating he has done business with BYD in the past.
Economic and Community Development Director Garibay provided Council with the background on this item.
Mayor Bettencourt called for Public Comments.
The following individuals provided public comments: Jason Zink; Eugene City Council Minutes – 08/16/2023 – 5pm
7 Hernandez, and Marcos Alvarez.
Mayor Bettencourt closed the Public Comments.
Discussion ensued regarding saving local jobs.
Motion: Approve Letter of Support protecting U.S. Manufacturing Jobs, Community Investments and Promoting Innovative Workforce and Community Partnerships
Moved by Laura Bettencourt, seconded by Richard J. Loa.
Vote: Motion carried (3-0)
Yes: Laura Bettencourt, Richard J. Loa, Eric Ohlsen.
Mayor Pro Tem Alarcon and Councilmember Bishop returned to the dais.
11) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public input: Jason Zink commented regarding grant leveraging, agenda presentations, and support for seniors; David Harris spoke regarding grants, Waste Management, and thanked Parks and Recreation for allowing their day camp to operate at Domenic Massari Park; Bertha De Alegria commented in support of SAVES; citizen (no name provided) discussed appointment of mayor and mayor pro tem; Eugene Hernandez commented regarding the Sheriff's Department; and Marcos Alvarez spoke regarding help for troubled youth and challenges faced in the Antelope Valley.
Mayor Bettencourt commented regarding challenges experienced in the North County when trying to get help for mental health issues.
Mayor Pro Tem Alarcón provided the 988 crisis line for suicide prevention.
Discussion ensued regarding the 988 crisis line, contacting 911 for the Mental Evaluation Team; fentanyl poisoning report, and mental health.
Citizen (no name provided) discussed the council rules of conduct.
12) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS
Councilmember Ohlsen reiterated his request for the creation of a Criminal Justice Commission.
Mayor Pro Tem Alarcón announced the Antelope Valley Air Quality Management District (AVAQMD) approved funding for 12 electric vehicle charging stations at McAdams Park and electric vehicle charging stations at the Auto Mall; and applications are being acce pted from Junior High and High School students for the Mayor Pro Tem for the Day Program.
Discussion ensued regarding a future leaders program and mock city council meetings.
City Council Minutes – 08/16/2023 – 5pm
8 13) CITY MANAGER’S REPORT
City Manager Perez reported on the following: Tequila & Taco Festival; Family Movie Night August 18th; Summer Concert Series August 19th; Palmdale Partners Academy; Installation of flashing beacon at Summerwind Elementary to increase safety; Letter of Support was sent to advocate for additional SNAP benefits; held outreach meetings surrounding unhoused population in March, April, and May; Small Business Grant Program; and celebration of the City's 61st birthday on August 24th.
Mayor Pro Tem Alarcón stated the non-profit organization training boot camp was amazing.
14) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Curley confirmed the Closed Session items.
14.1) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Donald D'Angelo v. County of Los Angeles, et al
Los Angeles County Superior Court Case No. 21AVC00441
14.2) PUBLIC EMPLOYMENT
Title: City Attorney
15) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Attorney Curley announced there were no reportable actions.
16) ADJOURNMENT
Mayor Bettencourt adjourned the meeting in honor of the victims in Lahaina, Maui to September 6, 2023, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
APPROVED, PASSED, and ADOPTED this 6th day of December 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
City Council/SA/HA – 09/06/2023 – 5pm
1 MINUTES
CITY COUNCIL/SA/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
SEPTEMBER 6, 2023
www.cityofpalmdale.org
1) CALL MEETING TO ORDER
Mayor Bettencourt called the meeting to order at 5:00 pm.
*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.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4) PRESENTATIONS
4 .1 ) Mayor Bettencourt presented a Proclamation to Jacqueline Fontana, You Are Enough Foundation, declaring September as Suicide Prevention Awareness Month in the City of Palmdale.
4 .2 ) Mayor Bettencourt presented Certificates of Recognition to the Quartz Hill Fury girls’ soccer team for winning the 11U Girls Extra championship at the 2023 AYSO National Games.
4 .3 ) Mayor Bettencourt, Congressman Garcia’s Office, Assemblyman Lackey’s Office, Assemblyman Carrillo’s Office, and Kathryn Barger’s Office made presentations to Mike Miller in honor of his retirement from the City of Palmdale.
5) 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 Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
City Council/SA/HA – 09/06/2023 – 5pm
2 6) PUBLIC COMMENT RULES
7) PUBLIC COMMENTS:
None.
Mayor Bettencourt closed the Public Comments.
8) HOUSING CONSENT CALENDAR
8 .1 ) Approval of the Housing Authority of The City of Palmdale's Annual Report prepared and submitted per the Health and Safety Code Section 34328 and 34328.1 and authorize the Executive Director or their designee to submit the report to the State of California Department of Housing and Community Development (HCD).
Management Analyst II Bartlett provided a brief overview of the item.
Mayor Pro Tem Alarcón commended staff for their hard work.
Motion: Approve all items as listed on the Housing Authority Consent Calendar Moved by Andrea Alarcón, seconded by Christina Fraga-Saenz.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Dianne Betts.
9) CONSENT CALENDAR
9.1) Receive and file the Monthly Investment Activity Reports for July 2023.
9.2) Approval of the City Council's Discretionary Funds Policy and Procedures.
Mayor Pro Tem Alarcón pulled this item for discussion.
City Council Chief of Staff Zayas presented the staff report.
Discussion ensued regarding a dedicated email address for funding requests, utilization of funds by Councilmembers to support community events, and flexibility in using the discretionary funds. City Manager Perez and Interim City Attorney Curley provided clarification on the use of discretionary funds.
There was Council consensus to bring this item back at a later date.
9.3) Approve Third Amendment with Universal Electronic Alarms, Inc. to increase contract price by $90,000 in an amount not to exceed $190,000, for the remainder of the term through June 2024.
9.4) Approve Second Amendment with NBS Government Finance Group to increase the total amount of the agreement by $78,000 for an amount not to exceed $208,000 and extend the agreement through March 2025.
City Council/SA/HA – 09/06/2023 – 5pm
3 9.5) Approve Lease Agreement with the American Legion, Post 348, for a City- owned building located at 1002 East Avenue Q-12, Palmdale, CA 93550.
Mayor Pro Tem Alarcón pulled this item for discussion.
Economic and Community Development Director Garibay provided a brief overview of the item.
Ralph Velador, Vice Commander of the Palmdale American Legion Post 348, spoke regarding the organization and the services provided to the community.
Councilmember Loa requested that City Manager Perez and Economic and Community Development Garibay find a location for the American Legion to occupy until they take up residence at 1002 East Avenue Q-12.
Mayor Pro Tem Alarcón requested an amendment to Paragraph 4 regarding the lease rate. Discussion ensued.
Motion: Approve Lease Agreement with the American Legion, Post 348, for a City-owned building located at 1002 East Avenue Q -12, Palmdale, CA 93550 with amendment to lease rate.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
9.6) Approve Energy for Palmdale’s Independent Choice (EPIC) 2022 Power Content Label and Attestation.
Public Works
Motion: Approve all items as listed on the Consent Calendar except Items 9.2 and
9.5. 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.
10) PUBLIC HEARING
10.1) Public Hearing to receive feedback on the Draft Consolidated Annual Performance Evaluation Report (CAPER) for Fiscal Year 2022 -2023; review and approve the 2022-2023 CAPER; and authorize the City Manager or their designee to make necessary changes and submit the CAPER report to the U.S. Department of Housing and Urban Development (HUD) by September 28, 2023 in compliance with HUD Regulations
Management Analyst II Bartlett presented the staff report.
There were Council questions regarding the services for the unhoused, use and carryover of unused funds, and public outreach. Neighborhood Services City Council/SA/HA – 09/06/2023 – 5pm
4 Director Reyes provided clarification on the available programs and the allocation of grant funds.
Public Comment: Jason Zink spoke regarding the support of seniors and disabled veterans.
Mayor Bettencourt closed the Public Comments.
Motion: Approve the findings as listed on the staff report.
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.
11) NEW BUSINESS
11.1) Presentation on Los Angeles Homeless Services Authority Homeless Count.
Heather Varden, Community Relations Coordinator of LAHSA, provided a detailed PowerPoint on the 2023 Greater Los Angeles Homeless Count.
Discussion ensued regarding the homeless count for Palmdale, response time for the Los Angeles County Homeless Outreach Portal, outreach to the unhoused in remote areas, migration study and funding of communities, mental health and safety, and a domestic violence shelter.
Council thanked Ms. Varden for her service.
12) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public comments: Todd Davis, Toys for Tots, thanked Council for locating a facility for their organization; Bryant Kline updated Council regarding the Amazon strike; Breela spoke in support of Toys for Tots; Pastor Duncan commented in support of Toys for Tots and the unhoused; Gigi Speaks encouraged individuals to attend Gracefest and spoke regarding outreach to the homeless; Selina Baraza, Palmdale Food Park, commented in support of food truck vendors; Luis Navarro, Trinity Harvest Food Bank, spoke regarding recognition of Hispanic Heritage Month; Jason Zink commented regarding digital signs, City website, and the creation of a HUD district in the Antelope Valley; citizen (no name provided) spoke regarding the rotational mayor; Marsha commented regarding the unhoused, outreach p rograms, human trafficking, and safety; Marcos Alavarez, Roger Soderstedt, and citizen (no name provided) spoke regarding the unhoused and providing a solution; citizen (no name provided) spoke regarding the unhoused and providing solutions, and the City's code of conduct for Councilmembers; and Jesus Gutierrez commented regarding corporations paying reasonable wages.
City Council/SA/HA – 09/06/2023 – 5pm
5 13) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
13 .1 ) Council Reports on Committee Memberships and Meetings Attended at Public Expense.
Council reports were posted with the agenda.
14) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
Mayor Pro Tem Alarcón reported the following: Metrolink announced they will increase the service lines in the Antelope Valley in October starting as early as 4:00 am and returning as late as 11 pm; stated September is Childhood Cancer Awareness month and requested a formal proclamation to commemorate; and announced that she would be hosting an event at a local salon donating ten inches of her hair to Locks of Love.
Mayor Bettencourt expressed the importance of cancer patients having hair and thanked Mayor Pro Tem Alarcón for donating her hair to Locks of Love.
15) CITY MANAGER’S REPORT
City Manager Perez reported on the following: 9th Annual Generations Art Contest; Palmdale Partners Academy; Gracefest to be held on September 8th and 9th; Kiwanis Duck Race to be held on September 8th @ Dry Town; Fallen Heroes Memorial Remembrance Ceremony to be held at the mall on Monday September 11th @ 9am; AV Fair and Alfalfa Festival to be held September 22nd through October 1st; Movie Nights at the Amphitheatre for Halloween; the City received the Earl F Sayre Excellence in Safety Award; and grand openings of Xevichez , Handel’s, Farmer's Insurance, Hair by Mariam, and Jersey Mike Subs.
16) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Curley confirmed the Closed Session items.
16.1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Vacant land located at the Northeast quadrant of the Antelope Valley (State Route 14) Freeway and West Palmdale Boulevard (APN 3008- 041-001, 002, 003, 004, 005, 007, 008, 009, 010).
City Negotiator: Ronda Perez, City Manager and Michael Miller, Assistant City Manager Negotiating Parties: Royal and Aframian, LLC; Royal Investors Group, LLC; 26 Maple, LLC; JAZ Investment Corporation; and K Land Associates.
Under Negotiation: Price and terms of payment
16.2) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property Address: Vacant land VIC of Avenue O and Sierra Highway (APN 3006-003-036; 3006-003-036; 3006-003-040; 3006-003-044) City Negotiator: Luis Garibay, Director of Economic & Community Development
Negotiating parties: Sierra Gateway Resolution, LLC
City Council/SA/HA – 09/06/2023 – 5pm
6 Under negotiation: Price and terms
17) ANNOUNCEMENT BY CITY ATTORNEY
Closed Session was held from 8:14 pm - 8:58 pm
Interim City Attorney announced there were two properly agendized items, the Council was updated, provided direction to staff, and there was no reportable action.
Mayor Bettencourt announced that the State of the City would be held on September 13, 2023 at 11am, and tickets are available for purchase.
18) ADJOURN
Mayor Bettencourt adjourned the meeting at 9:00 pm to October 4, 2023 at 5:00 pm in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 6th day of December 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
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.
CC/HA Minutes – 11/15/2023 – 5pm
12 16) ADJOURN
Mayor Bettencourt adjourned the meeting at 10:21 p.m. to December 6, 2023 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 6th day of December 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: DECEMBER 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORT FOR OCTOBER 2023
ISSUE
Receive and file the monthly investment activity report for October 2023.
RECOMMENDATION
Staff recommends that the City Council receive and file the monthly investment activity report for the City of Palmdale and Successor Agency for October 2023.
BACKGROUND
Pursuant to Section 16 of the City of Palmdale and Successor Agency Investment Policy, the City Treasurer shall prepare and present monthly and quarterly reports on investments to the City Manager/Executive Director and the City Council/Directors. The reports shall detail the type of investment, name of the issuer, purchase date, date of maturity, amount of deposit, and rate of interest. This information shall be provided for all City and Successor Agency pooled investments, as well as for Certificates of Participation, Revenue Bonds, Tax Allocation Bonds, Assessment Districts , and Community Facilities District accounts, which are managed by outside Fiscal Agents.
The monthly and quarterly reports provide a synopsis of the investment activity for the City of Palmdale and Successor Agency. The report s provide information on assets, allocations, average maturities, yields, and book valuations. The interest rates presented are the most current rates available as of the date of this report.
The market values presented for pooled City and Successor Agency investments are based on closing prices for the related investment as of the date of this report. This information was obtained from the Wall Street Journal, Bloomberg Financial Markets, Capital Market Finances, or other reliable sources of market prices.
Report to Mayor and City Council
Re: Monthly Report on Investments
December 6, 2023
DISCUSSION
Compliance with Investment Policy
For October 2023, the invested portfolio amount for the City of Palmdale totaled $311,061,124, an increase of $1,248,151 from the previous month, and an increase of $22,772,381 in comparison to the prior year. The monthly increase is the result of interest earned during the month.
The par value of Successor Agency’s portfolio as of October 2023 was $7,949,000. The balance increased by $33,421 from the prior month due to earned interest during the month.
All investments meet criteria appropriate to Section 8 of the Investment Policy. The portfolios are based on a combination of various investments, including CDs, Corporate Notes, U.S. Treasury Securities, and Government Agency Paper, each adhering to portfolio percentage limitations.
The Finance Division is the custodian for the City and Successor Agency’s investment portfolio and follows the three main principles of both entities’ investment policies: 1) Investment in financial instruments that mitigate the risk of monetary losses stemming from market fluctuations; 2) Establish and maintain a portfolio that has sufficient liquidity to allow the City and Successor Agency to meet all anticipated cash requirements; and 3) Seek out investment instruments that provide a competitive market rate of return.
Liquidity
One core approach the Finance Division focuses on is providing liquidity to measure up to the City and Successor Agency’s operational requirements. Thus, the Finance Division is currently investing in two pooled funds, Local Agency Investment Fund (LAIF) and California Asset Management Program (CAMP). These are intended for daily operational activities and used for economic uncertainties and maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.
The total LAIF balance for the City of Palmdale as of October 2023 was $133,703,931.
The increase of $1,246,907 from the prior month was the result of interest earnings.
Successor Agency LAIF balance as of October 2023 was $7,115,832. The increase of $91,042 from the prior month was due to interest earnings.
CAMP’s balance for City of Palmdale as of October 2023 was $264,136, compared to September 2023 balance of $262,895. The slight increase is due to interest earned during the month.
Report to Mayor and City Council
Re: Monthly Report on Investments
December 6, 2023
The interest rates presented are the most current rates available as of the date of this report. As of October 31, 2023, the interest rates for LAIF and CAMP investments were at 3.670 percent and 5.56 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of September were at 3.534 percent and 5.55 percent. Both rates have slightly increased within this month. This time last year, LAIF and CAMP rates were at 1.772 percent and 3.14, respectively.
The chart above shows both the Local Agency Investment Fund and California Asset Management Program’s average monthly yields beginning January 2023 through October 2023.
We anticipate that rates will remain consistent, increasing only in small percentages in the upcoming months, considering the history in the past year and the current state of the economy. The difference between the performance of the two funds is partly due to the varying pool characteristics. CAMP’s portfolio composition is much more subject to market volatility, resulting in performance variation.
Diversity
The Finance Division aims to diversify the investment portfolios to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
The City of Palmdale and Successor Agency’s investment portfolios remain strongly diversified. The monthly report includes all investments held by both entities and current book values as of October 31, 2023.
It is anticipated that both the City of Palmdale and Successor Agency will have sufficient sums of money to meet expenditure requirements for the next six months. The Finance
2.43% 2.62% 2.83% 2.87% 2.99% 3.17% 3.30% 3.43% 3.53% 3.67%
4.53% 4.73% 4.80% 4.97% 5.16% 5.24% 5.31% 5.52% 5.55% 5.56%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Jan Feb Q3 Mar Apr May Q4 Jun Jul Aug Q1 Sep Oct
Pooled Investments Monthly Yields
LAIF CAMP
Report to Mayor and City Council
Re: Monthly Report on Investments
December 6, 2023
Division will continue to monitor current economic conditions and the impact on interest rates.
Attached are summaries of the investments in the City of Palmdale and Successor Agency’s books as of October 31, 2023.
FISCAL IMPACT
$0; There is no fiscal impact associated with the recommended actions for this report.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Gohar Avetisyan, Senior Financial Analyst
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
1. Monthly Report on City of Palmdale Investments
2. Monthly Report on Successor Agency Investments
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
PURCHASE MATURITY ACCOUNT/ FDIC INTEREST PAR PURCHASE INVESTED DATE DATE FUND INSTITUTION Number RATE AMOUNT AMOUNT AMOUNT U.S. TREASURY SECURITIES Yield
05-31-19 04-30-24 CITY 9128286R6 U.S. Treasury Note 2.03 5,000,000.00 5,051,650.00 4,870,312.50 03-19-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 2,856,570.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,843,100.00 05-11-21 12-31-24 CITY 9128283P3 U.S. Treasury Note 0.40 3,000,000.00 3,200,040.56 2,872,020.00 06-04-21 12-31-23 CITY 912828V23 U.S. Treasury Note 0.20 4,000,000.00 4,210,026.50 3,940,320.00 07-12-21 12-31-23 CITY 9128285U0 U.S. Treasury Note 2.63 5,000,000.00 5,289,959.94 4,934,950.00 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,760,950.00 07-12-21 12-31-23 CITY 912828V23 U.S. Treasury Note 2.25 5,000,000.00 5,244,161.50 4,925,400.00 12-17-21 12-15-23 CITY 91282CBA8 U.S. Treasury Note 0.56 10,000,000.00 9,913,130.25 9,772,300.00 12-17-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note (UBS) 0.85 10,000,000.00 10,045,505.25 9,410,200.00 12-22-21 12-15-23 CITY 91282CBA8 U.S. Treasury Note 0.56 5,000,000.00 4,957,270.88 4,886,150.00 12-22-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note 0.88 5,000,000.00 5,018,208.38 4,705,100.00 12-20-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note (Stifel) 1.00 5,000,000.00 5,017,187.50 4,705,078.10 03-08-23 03-31-26 CITY 9128286L9 U.S. Treasury Note (UBS) 2.25 3,200,000.00 3,029,330.80 3,010,496.00 TOTAL U.S. TREASURY SECURITIES 71,200,000.00$ 72,950,395.77$ 68,492,946.60$
GOVERNMENT AGENCY PAPER
06-10-20 06-16-25 CITY 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 4,604,401.25 08-07-20 05-06-24 CITY 3133EL2X1 Federal Farm Credit 0.42 2,000,000.00 2,000,000.00 1,914,808.08 08-27-20 11-27-24 CITY 3134GWNG7 Freddie Mac Domestic 0.50 2,000,000.00 2,000,000.00 1,867,580.54 04-01-21 04-01-25 CITY 3133EMUP5 Fed Farm Credit 0.71 5,000,000.00 5,000,000.00 4,629,334.75 05-11-21 09-04-25 CITY 3133EJYM5 FFCB Bond 0.59 1,000,000.00 1,103,275.25 963,220.00 05-11-21 09-04-25 CITY 3133EJYM5 FFCB Bond 0.57 0.57 2,000,000.00 2,208,460.00 1,926,440.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,718,300.00 06-04-21 08-01-24 CITY 3130AMHH8 FHLB NOTE 0.41 4,000,000.00 4,000,000.00 3,784,890.08 06-07-21 06-07-24 CITY 3130AMQR6 FHLB NOTE 0.35 3,000,000.00 3,000,000.00 2,857,869.93 06-30-21 12-30-25 CITY 3130AMRQ7 FHLB NOTE 0.88 3,000,000.00 3,000,000.00 2,724,400.26 07-29-21 04-29-26 CITY 3130AN5C0 FHLB NOTE 1.05 4,000,000.00 4,010,455.13 3,606,160.00 12-17-21 11-12-25 CITY 3134GXBM5 FHLMC Note 1.15 1,150,000.00 1,125,785.50 1,036,575.50 12-17-21 12-30-24 CITY 3130AQDY6 FHLB 1.00 6,750,000.00 6,750,000.00 6,327,843.39 12-17-21 06-23-25 CITY 3133ENHW3 FFCB 1.17 10,000,000.00 10,000,000.00 9,275,883.70 12-20-21 07-30-25 CITY 3136G4ZP1 FANNIE MAE 0.65 3,500,000.00 3,444,175.00 3,203,308.12 12-20-21 09-24-25 CITY 3134GWUG9 FREDDIE MAC 0.57 10,000,000.00 9,806,600.00 9,088,861.70 12-21-21 12-22-26 CITY 3133ENJC5 FFCB 1.29 5,000,000.00 5,000,000.00 4,487,676.35 01-14-22 01-14-25 CITY 3130AQEA7 FHLB 1.05 7,000,000.00 7,000,000.00 6,561,152.22 06-29-22 08-12-25 CITY 3133EL3P7 Federal Farm Credit Bank 3.34 1,810,000.00 1,660,349.20 1,650,002.84 06-29-22 03-28-25 CITY 3130A5DH9 Federal Home Loan Bank 3.34 1,950,000.00 1,937,715.00 1,873,133.09 06-24-22 02-26-27 CITY 3130AL5A8 Federal Home Loan Bank 3.33 5,000,000.00 4,479,000.00 4,355,784.25 08-17-22 10-27-26 CITY 3134GW4C7 Freddie Mac Global Unsecured 0.80 5,000,000.00 4,539,500.00 4,429,309.65 01-06-23 02-25-27 CITY 3130AQRH8 Federal Home Loan Bank 4.38 5,000,000.00 4,590,638.89 4,571,978.55 01-06-23 04-19-27 CITY 3130ARHJ3 Federal Home Loan Bank 4.38 5,000,000.00 4,801,354.86 4,742,725.40 05-18-23 05-18-27 CITY 3133EPKC8 Federal Farm Credit Bank Unsec 5.39 5,000,000.00 5,000,000.00 4,949,700.35 06-05-23 05-30-28 CITY 3133EPLE3 Federal Farm Credit Bond 4.67 2,815,000.00 2,822,746.50 2,753,942.65 09-21-23 03-21-24 CITY 3130AXAP3 FEDL HOME LOAN BANK BOND5.75 4,750,000.00 4,746,437.50 4,747,196.18 TOTAL GOVERNMENT AGENCY PAPER 113,725,000.00$ 112,020,168.08$ 105,652,478.83$
CITY OF PALMDALE INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
CORPORATE NOTES
5/17/2023 3/1/2026 CITY 30231GAT9 EXXON MOBIL CORPORATION 3.04 $1,000,000 $982,084 955,987.20 5/17/2023 3/2/2026 CITY 194162AQ6 COLGATE-PALMOLIVE CO GLOBAL4.80 $1,000,000 $1,035,553 1,003,302.97 5/17/2023 1/26/2026 CITY 742718FY0 PROCTER & GAMBLE CO/THE GLOGAL4.10 $1,000,000 $1,018,472 987,613.50 TOTAL CORPORATE BONDS $3,000,000 $3,036,109 2,946,903.67$
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY ACCOUNT 98-19-620 0.78 53,703,651.99 53,703,651.99 53,703,651.99 06/23/08 n/a PCA ACCOUNT 40-19-060 0.78 56,770,665.78 56,770,665.78 56,770,665.78 n/a ARPA ACCOUNT 19-19-004 0.78 23,229,613.46 23,229,613.46 23,229,613.46 TOTAL LAIF ACCOUNTS 133,703,931.23$ 133,703,931.23$ 133,703,931.23$
CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY ACCOUNT 6080-01 0.30 264,135.88 264,135.88 264,135.88 TOTAL CAMP ACCOUNTS 264,135.88$ 264,135.88$ 264,135.88$
UBS FINANCIAL SERVICES
n/a n/a CITY ACCOUNT 0.00 728.42 728.42 728.42
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 728.42$ 728.42$ 728.42$ TOTAL CITY INVESTMENTS 321,893,795.53$ 321,975,468.49$ 311,061,124.63$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
PURCHASE MATURITY ACCOUNT INTEREST INVESTED
DATE DATE FUND NUMBER RATE AMOUNT
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRARY 16-19-012 0.78 12,894.77
TOTAL LIBRARY INVESTMENTS 12,894.77$
PURCHASE MATURITY ACCOUNT INTEREST INVESTED
DATE DATE FUND NUMBER RATE AMOUNT
BOND PROCEEDS
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 111.77
05-10-95 n/a IMPROVEMENT 95421222 0.10 162,432.20
City Held Cash(Fund 736-114000) ($255,912.67)
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 162,543.97$
BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 0.00
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,710,412.58
04-06-95 n/a BOND 95420887 0.15 0.15
City Held Cash(Fund 738-114000) ($1,000,675.82)
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,710,412.73$
BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 10.36
08-01-19 n/a RESERVE 242969003 0.00 722,971.87
08-01-19 n/a SP TAX - REFUNDING BOND 242969004 0.01 15,150.41 City Held Cash(Fund 734-114000) $1,780,076.80
TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 738,132.64$ City Held Cash(Fund 735-114000) $1,396,454.18
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) -$
BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 18,580.90
n/a RESERVE FUND 251009001 0.01 644,237.91
City Held Cash
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021662,818.81$
BOND PROCEEDS
2006-1 Godde Hill Estate Sewer Improvements LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 63,906.83
11-08-06 n/a ADM EXP 106844002 0.01 1,671.45
11-08-06 n/a RESERVE FUND 106844003 0.01 91,782.71
City Held Cash(Fund 739-114000) $148,463.49
TOTAL 2006-1 Godde Hill Estate Sewer Improvements LOIB 157,360.99$
LIBRARY INVESTMENTS
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
PURCHASE MATURITY ACCOUNT INTEREST INVESTED
DATE DATE FUND NUMBER RATE AMOUNT
BOND PROCEEDS
2012 PFA $8.7M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 12-19-12 n/a REVENUE FD 201546000 0.00 1,570.30
12-19-12 n/a INTEREST ACCOUNT 201546001 n/a 0.00
12-19-12 n/a PRINCIPAL ACCOUNT 201546002 n/a 0.00
TOTAL 2012 PFA $8.7M LEASE REVENUE BONDS 1,570.30$
2013 HA PALMDALE TRANSIT VILLAGE HOMES LLC ESCROW
Fiscal Agent: U.S. Bank National Association (fka First Trust) 10-11-13 n/a ESCROW FUND 206455000 0.00 2,979,500.00
TOTAL 2013 HA TRANSIT VILLAGE HOMES ESCROW 2,979,500.00$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 39,797.41 TOTAL 2015 HA DEBT SERVICE RESERVE 39,797.41$
PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 7,603,838.78 TOTAL PARS PENSION TRUST FUND 7,603,838.78$
BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 119,666.83
09-03-15 n/a INTEREST ACCT 277067001 0.01 6.95
09-03-15 n/a BOND RESERVE 277067003 0.00 281,020.87
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,245,780.64 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,646,475.29$
BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 1,690,393.76
04-05-17 n/a PRINCIPAL ACCT 271128002 n/a 0.00
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 1,690,393.76$ Total City Held Cash (XXX-114000) $2,068,405.98
GRAND TOTAL - FISCAL AGENT CASH 17,730,025.87$
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
Cash on Hand 5,264,563$
Pooled Cash Investments
City: 303,170,423$
Insur Fund: $7,890,701 311,061,124$
Library Investments $12,895
Subtotal 316,338,582$
City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 17,730,026$
Grand total 334,068,608$
The interest rate quoted on LAIF, AIM, and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF & AIM interest rates are as of October 31, 2023.
S:\Cash and Investment\Investment\Investment Reports\23-24\04 Oct 2023\[04 OCT 2023 Investment Report City.xls]OCT Monthly
SUMMARY OF CASH AND INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
CITY OF PALMDALE
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF), CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP), & UBS FINANCIAL SERVICES October 31, 2023
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
CITY ACCOUNT 98-19-620
Beginning Balance 53,219,293.97$
10/13/23 484,358.02$
Subtotal -$ -$ 484,358.02$ 53,703,651.99$ PCA ACCOUNT 40-19-060
Beginning Balance 56,228,187.21$
10-13-23 542,478.57$
Subtotal -$ -$ 542,478.57$ 56,770,665.78$ LIBRARY ACCOUNT 16-19-012
Beginning Balance 12,779.53$
10/13/23 115.24$
Subtotal -$ -$ 115.24$ 12,894.77$ ARPA ACCOUNT 19-19-004
Beginning Balance 23,009,543.23$
10/13/23 220,070.23$
Subtotal -$ -$ 220,070.23$ 23,229,613.46$
CAMP - CALIFORNIA ASSET MANAGEMENT PROGRAM
Beginning Balance 262,895.14$
10/31/23 1,240.74 $
Subtotal -$ -$ 1,240.74$ 264,135.88$ UBS Financial Services
Beginning Balance 725.87$
10/31/23 2.55$
Subtotal -$ -$ 2.55$ 728.42$ Total -$ -$ 1,248,265.35$ 133,981,690.30$ 133,717,554.42$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
TN= US Treasury C= Call
FP= Federal Paper M= Maturity
CD= Certificate of Deposit CB= Corporate Bond
FACE
PURCHASE MATURITY VALUE INTEREST NET INVESTED GAIN/
ISSUER DATE DATE REDEEMED RECEIVED FUNDS AMOUNT (LOSS)
M -$ $0.00
M -$ -
M -$ -
M -$ -
M -$ -
M -$ -
-$ -$ -$ -$ $0.00 Total Number of Transactions: 0
CITY OF PALMDALE
POOLED CASH - INVESTMENTS MATURED OR CALLED
October 31, 2023
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
OCTOBER 31, 2023
TN = US Treasury
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes ACCRUED
PURCHASE MATURITY FACE PREMIUM / PURCHASE INTEREST NET Yield
ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE -$
- -$
- -$
- -$
- -$
-
$0 -$ -$ -$ -$ Total Number of Transactions: 0
CITY OF PALMDALE
POOLED CASH - INVESTMENTS PURCHASED
October 31, 2023
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
October 31, 2023
PURCHASE MATURITY ACCOUNT/ INTEREST INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a SA ACCOUNT 65-19-035 0.78 7,115,831.95
7,115,831.95$
FISCAL AGENT CASH
BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a RESERVE FUND 94460700 2.54 538,491.74
08-20-02 n/a INTEREST ACCT 94460701 0.04 15,267.75
08-20-02 n/a PRINCIPAL ACCT 94460702 0.04 256.22
TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 554,015.71$
BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a DEBT SERVICE 245113000 0.00 5.84
04-26-16 n/a INTEREST ACCT 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 5.84$ GRAND TOTAL - FISCAL AGENT CASH $554,022
SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 279,146$ 283,138.72$
($7,293)
Pooled Cash Investments 7,115,832$ $3,300
279,145.72$
Successor Agency Fiscal Agent Cash 554,022$ *
Grand total 7,949,000$
* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF interest rates are as of October 31, 2023.
S:\Cash and Investment\Investment\Investment Reports\23-24\04 Oct 2023\[04 OCT 2023 Successor Investment Report.xls]Staff Report Notes
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF)
October 31, 2023
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
SA ACCOUNT 65-19-035
Beginning Balance 7,024,789.94$
10/13/23 91,042.01$
Subtotal -$ -$ 91,042.01$ 7,115,831.95$ City Council Staff Report
DATE: DECEMBER 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICT: 1
SUBJECT: RECEIVE AND FILE THE ANNUAL ACTIVITY REPORT FOR A
DEVELOPMENT AGREEMENT PERTAINING TO THE
OASIS WELLNESS VILLAGE PROJECT LOCATED AT THE
SOUTHEAST CORNER OF PALMDALE BOULEVARD AND
TIERRA SUBIDA AVENUE
ISSUE
Receive and file the annual activity report for Development Agreement (DA) A-5595 pertaining to the Oasis Wellness Village project located at the southeast corner of Palmdale Boulevard and Tierra Subida Avenue.
RECOMMENDATION
Staff recommends that the City Council:
1. Receive and file the annual activity report for DA A-5595.
BACKGROUND
On October 5, 2016, the City Council approved General Plan Amendment 15-001, Zone Change 15-001 and DA A-5595 (Resolution No. CC 2016-083) and, subsequently, on January 12, 2017, the Planning Commission approved Planned Development 16-001, Tentative Parcel Map 73748, and Site Plan Review 15-006 (Resolution No. PC-2017- 005) for the Oasis Wellness Village project. The development includes the construction of a campus-style, mixed-use project composed of services and businesses centered on a theme of wellness and healthy living (Figure 1). The site is located at the southeast corner of Palmdale Boulevard and Tierra Subida Avenue.
Report to Mayor and City Council
RE: Development Agreement A-5595 Oasis Wellness Village Project December 6, 2023
FIGURE 1 – SITE PLAN
DISCUSSION
In compliance with Section 9 of the DA and California Government Code Sections 65865.1 and 66006, the City is required to periodically review the development agreement (at least every 12 months). During the review period, the applicant or successor in interest must demonstrate good faith compliance with the terms of the agreement. If the review determines that the applicant or successor in interest has not complied with the terms or conditions of the agreement, the City may terminate or modify the agreement.
Report to Mayor and City Council
RE: Development Agreement A-5595 Oasis Wellness Village Project December 6, 2023
Exhibits C and D of DA A-5595 (Attachment 1) require the developer to provide certain benefits and pay fees to the City at specific timeframes during the development process.
No fees or public benefit payments were required during the review period (November 1, 2022 to November 1, 2023) because no development was proposed. As such, the applicant is in compliance with the terms and conditions of the DA.
FISCAL IMPACT
$0; There is no fiscal impact associated with this action.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Management resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Prepared by: Brenda Magaña, Planning Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENT
1. Agreement A-5595 Oasis Wellness Village Project
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RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO
City of Palmda le
38250 5¡erra Highway
Palmdale, Ca liforn ia 93550
Attn: City lvla nager
Fee Exem- Gov't Code6103
(Space above for Recorder's Use)
DEVELOPMENT AGREEMENT
between
THE CITY OF PALMDALE,
a California munic¡pal corporation
and
PALMDALE INVESTMENT COMPANY, LLC,
a California limited liability company
A-5595
A-559 5
This Development Agreement (the "Agreement") is entered by and between the City of Palmdale, a California municipal corporation ("City"), and Palmdale Investment Company, LLC, a California limited liability company ("Owner"). City and Owner shall be referred to jointly within this Agreement as the "Parties."
RECITALS
A. To strengthen the public planning process, encourage private particìpation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq,, of the Government Code. City, a general law city, is authorized by the Development Agreement Statute to enter into development agreements with persons and ent¡ties havìng legal or equitable interests in real property for the purpose of establishing predìctability for both City and the property owner in the development process,
B. Owner has requested that City enter into a development agreement for property with the C¡ty and more particularly described in Exhibit "A" and depicted on Exhib¡t "8" (the "Property"). City enters into this Agreement pursuant to the provisions of the California Government Code, the City's General Plan, the City Municipal Code, and applicable City policies.
C. Owner has a legal or equitable interest in the Property and desires to develop on the Property the Oasis Wellness Village (the "Project"), a collection of state-of-t he-a rt continuum care facilities adjacent to the Palmdale Regional Medical Center which will bring critica lly-needed healthcare facilities within easy reach of the est¡mated 40-50% of the region's residents who now travel extended distances to obtain their medical care.
D. The City has a significant interest ¡n enhancing the health and welfare of the community by creating opportunities for increased access to quality health care facilities.
E. Owner has fìled with the City its request for approval of the following d¡scretionary act¡ons pertaining to the Property:
L. General Plan Amendment 15-001, a request to amend the General Plan land use designation for an approximately 9,9-acre port¡on of the Project site from CC (Community Commercial) to RC (Regional Commercial) (the "General Plan Amendment"); and
2. Zone Change 15-001, a request to change the zoning desìgnat¡on for an approximately 9.9-acre portion of the Project site from C-3 (General Commercial) to C-4 (Commercial Center) (the "Zone Change").
F. ln addition to the General Plan Amendment and the Zone Change, Owner plans in the future to f¡le with the City applications for approval of discretionary actions which more specifically wiìl describe and implement the Project (the "Future Appl¡cat¡ons"). The Future Applications will include, but are not be limited to, applications for approvalof:
1 A-5595
1. The "Oasis Wellness Village Planned Development" pursuant to Section
28.05 of the City's Zoning Ordinance; and
2. Tentative Parcel Map No. 73748, a request to subdivide three contiguous parcels totaling approximately 12.13 acres (the "Tentative Parcel Map").
G. This Agreement assures that development of the Property will occur in accordance with City's General Plan, as amended by the General Plan Amendment. The development of the Property pursuant to thÌs Agreement shall be referred to as the "Development Pla n."
H. This Agreement const¡tutes a current exercise of City's police powers to provide predictability to both the City and Owner in the development approval process by vesting the permitted use(s), density, intensity of use, and timing and phasing of development consistent with the Development Plan, thus maximizing the opportunìty to achieve the significant enhancement of the community's access to quality health which will result from implementation of the Development Plan (the "Public Benefits").
AG REEMENT
city and Owner agree as follows:
INTEREST OF OWNER, Owner represents that it has a legal or equitable ¡nterest in the Property and is authorized to enter into this Agreement.
PUBLIC HEARINGS. On September 22,2076, after providing notice as required by law, the Planning comm¡ss¡on of the city held a public hearing on this Agreement and recommended to the City Council the adoption of this Agreement. On October 5, 2016, after providing notice as required by law, the City Counc¡l held a public hearing on this Agreement and made the find¡ngs set forth in Sect¡on 3.
3. CITY COUNCIL FINDINGS. The City Councìl finds that:
3,1Subject to the approval of the General Plan Amendment becomìng effective on or before the Effective Date, th¡s Agreement ¡s consistent with city's General Plan.
3.2This Agreement strengthens the public planning process, encourages pr¡vate participation in comprehensive planning, particularly with respect to the implementation of the City's General Plan, and reduces the economic costs of development and government.
The best interests of the residents of the City and their public health, safety, and welfare will be served by entering into this Agreement, t.
2. 2
3.3 LCONTINUING OBLIGATIONS. This Agreement binds the Parties now and in the future.
By approving th¡s Agreement, the C¡ty Council has elected to exercise certain governmental powers at the time of enter¡ng into this Agreement rather than deferring its actions to some undetermined future date. The terms and conditlons of this Agreement have been reviewed by City staff and the City Council and have been found to be fair, just, and reasonable.
DEFINITIONS. ln this Agreement, unless the context otherwise requlres, the following terms and phrases shall have the following meanings:
5.1"Administrative Fees" shall mean any fee routinely charged by the City to all development projects within the City for the tíme expended by full-time City employees in providing services related to the development of the Project.
Admin¡strat¡ve Fees do not, however, include "Development Fees" as defined in Section 5.11 below.
"Agreement" shall mean this Development Agreement between the city and Owner. The term "Agreement" shall include âny amendment properly approved and executed pursuant to Section 7.5,
^.559
5 "Approval Date" means the date on which the City Council conducted the first reading of the ordinance adopting this Agreement. That date is October 5, 2016. "City" shall mean the City of Palmdale, a California mun¡cipalcorporation. "City Council" shall mean the governing body of the City. "C¡ty Municipal Code" shall mean the Palmdale Municipal Code. However, changes to the Palmdale Municipal Code occurring between the Approval Date and the Effective Date shall not be considered part ofthe City Municipal Code for purposes of this Agreement w¡thout owner's prior written consent. "Day" refers to a calendar day unless specifically stated as a "business day." "Default" refers to the material and substantial faÌlure by a Party to comply with one or more material provisions of this Agreement.
5. 5.2
5.3 5.4
5.5 5.6
5.7 5.8
5.9"Development" refers to the improvement of the Property for the purposes of complet¡ng all structures, improvements, and facilities comprising the Project.
5.10 "Development Approvals" refers to all permits and other entitlements approved or issued by the City for the use of, construct¡on upon, and/or development of the Property. Development Approvals shall be deemed to include, but are not limited to, the following (and related amendments):
A-559'
. This Agreement;
. Amendments to the General PIan;
. Master P la ns;
Tentative Maps, FinalMaps, includìng parcel maps;
Planned Developments, as set forth in Section 28.05 of the City's Zoning Ordinance;
Conditional use permits, use permits, and site development permìts; Va ria n ces;
Grading and building permits;
Certificates of compliance and/or lot line adjustments; Street, draìnage, utility, storm water, and landscape permits; Occu pa ncy permits; and
Environmental review documents for the Project.
5.11 "Development Fees" refers to all fees established by the City for entitlement and construction activ¡ties which, but for this Agreement, could be imposed upon the Project. Development Fees include, but are not limited to, development ¡mpact fees, (for example, traffic and fire facility) that could be imposed pursuant to the Mitigation Fee Act (California Government Code Section 66000 et seq.). Other examples of Development Fees include, but are not limited to, fees for demolition, utility connections, site plan rev¡ew, traffic review, application filing, ¡nspections, plan check, geotechnicaì review, storm water management, permit issuance, insurance, school fees, occupancy, design review, flow test, and d ra inage.
5,12 "Development Plan" means Owner's plan for development of the Property cons¡sting of the Existing Land Use Regulations, this Agreement, the Subsequent Land Use Regulations to wh¡ch Owner has consented ¡n wr¡ting, and Subsequent Development Approvals.
5.13 "Effective Date" shall mean the later of (l) date the ordinance adopting this Agreement becomes effective and (ii) the expiration of the perìod provided by a
a
4 A-5595
applicable law, including but not limited to Government Code Section 65009, for challenging the General Plan Amendment.
5.f4 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date, including, but not limited to, the General PIan as amended by the General Plan Amendment and the provisions of the City Municipal Code falling within the definition of "Land Use Regulations" (see Section 5.17 below), incìuding, but not Iimited to, Title 1-6 (Subdivisions) and T¡tle 17 (Zonìng) However, changes to Land Use Regulatìons occurring between the Approval Date and the Effective Date shall be considered part of the Existing Land Use Regulations only with Owner's written consent. Owner has consented to the General Plan Amendment and the Zone Change, which shall be considered part of the Existing Land Use Regulations.
5.15 "General Plan" shall mean the general plan of the City.
5.16 "General Plan Amendment" shall refer to the amendment of the City's General Plan on October 5, 2016, for the Property.
5.17 "Land Use Regulations" shall mean all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without lìmitation, the permitted use of land, the density or intensity of use, subdivisìon requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, ¡mprovement, construct¡on, and initial occupancy standards and specifications applicable to the Project. Land Use Regulations do not include any City ordinance, resolution, code, rule, regulation or official policy governing:
The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; Taxes and assessments of general applicatlon upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of tax¡ng the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement ¡n respect of which the Owner is paying any fee (directly or through an assessment or similar financing d¡strict) or providing any improvement pursuant to this AgreemenU or
The controland abatement of nuisances
5 A-559t
"Land Use Regulations" also do not include any county, state, or federal ordinances, resolutions, codes, rules, regulations and official policies or any City ordinances, resolutions, codes, rules, regulations and offìcial policies, the specifìc provisions of which are mandated (as opposed to permitted) by county, state, or federa I law.
5.18 "Minor Changes" refers to any change to the Project that is otherwise cons¡stent with the Development Plan and which does not result in a change in the type of use, an increase in density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Effective Date.
5.19 "Mortgage" refers to any mortgage, deed of trust, or other securlty device recorded against some or all of the Property or improvements to the Property for the purpose of securing a debt or other obligation,
5.20 "Mortgagee" refers to a mortgagee of a mortgage, a benefÌciary under a deed of trust or any other security dev¡ce, a lender, and their successors and assigns.
5.27 "Operating Memorandum" refers to the wr¡tten memor¡alÌzation of the Partìes' mutual consent to adopting "Minor Changes" to the Project.
5.22 "Owner" refers to Palmdale lnvestment Company, LLC, a Californìa limited I¡ab¡lity company, and Owner's successors and assigns.
5.23 "Owner's Vested Right" refers to Owner's guaranteed right to develop the Property as set forth ¡n this Agreement.
5.24 "Paragraph" means a lettered or numbered paragraph of an Exhibit to this Agreement, unless speclfically stated to refer to another document or matter. A reference to a Paragraph includes all subparagraphs ofthat Paragraph. 5,25 "Parcel Map" means a Final Parcel Map approved by the City as a ministerial action.
5.26 "Parking Distr¡ct" refers to an anticipated parking d¡strict which will be formed by the City to provide bond financing as a means to fund the construction of the Parking Fa cilities.
5.27 "Parking Facilitìes" refers to the two parking structures which are part of the proposed Development Plan, all internal Project streets, each of which provides direct or ìndirect access to at least one of the parking structures, and all utilities and infrastructure installed and/or constructed beneath those streets. 6 A-5595
5.28 "Parking Structures" refers to the two parking structures which are part of the Pa rking Facilitìes.
5.29 The "Parties" means the City and Owner. A "Party" refers to either the City or the Owner.
5,30 "Pass-Through Fees" means those fees assessed against the Project and/or the Development by other public agencies, but which are collected (as opposed to imposed) by the C¡ty and which, after collection, are "passed through" to the public agency whlch imposed the fee in the first instance. 5,31 "Project" means the development of the Property as set forth in the Development Plan.
5.32 "Property" means the real property described in Exhibit "A" and depicted on Exh ibit "B".
5.33"Publlc Benefits" refers to those benefits provìded to the residents of the City and the surrounding community by the development of the health care facilities contemplated by the Development Plan. Some of the Public Benefits are listed on Exh ibit "C".
5,34 "Reservation of Authority" means the rights and authority specifically reserved to C¡ty as described in SectÌon 8,6.
5,35 "Sect¡on" refers to a numbered section of this Agreement, unless specifically stated to refer to another document or matter.
5.36 "Subsequent Development Approvaìs" means all Development Approvals approved, granted, or issued after the Effective Date for the Project which are required or permÌtted by the Existing Land Use Regulations, the Subsequent Land Use Regulations to which Owner has consented in writing, and this Agreement.
Subsequent Development Approvals include, without limitation, all development review approvals required under the Subdivision Map Act, the City's subdivision ordinance and/or other provisions of the City Municipal Code, site development permits, excavation, grading, building, construction, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, drainage, landscape, or other permits or approvals necessary for the grading, construction, marketing, use and occupancy of the Project.
5.37 "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included withìn the definition of Existing Land Use Regulations, "Subsequent 7 A-5595
Land Use Regulations" include any Land Use Regulat¡ons adopted by moratorium by ¡nitiative, City action, or otherw¡se
5.38 "Tentative Map" shall mean a tentative parcel map, as defined in the Subdivision Map Act and the City Municipal Code, for the Project'
5.39 "Term" means the term of this Agreement as set forth in Section 7.2 of this Agreement.
5.40 "Zone Change" means the amendment to the C¡ty's Municipal Code with respect to the zoning des¡gnat¡on for the Property which was approved by the City Councìl on the Approval Date.
6.EXHIBITS. All exhibits attached to this Agreement are Ìncorporated as a part of th¡s Agreement. Those exhibits are:
7. G EN ERAL PROVISIONS
7.7 Bìnding Effect of Agreement. This Agreement shall be recorded against the Property and shall run with the land. The Development shall be carr¡ed out in accordance with the terms of th¡s Agreement.
7.2Term of Asreement. The Term shall commence on the Effective Date, The Term shall continue for a period of twenty-f¡ve years from the Effective Date, but shall be extended for periods equal to the time during which:
Litigation ìs pending whìch challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of all or any part of the Development Plan. Any such extens¡on shall be equal to the time between the filing of litigation, on the one hand, and the entry of final judgment or dismissal, on the other. All such extens¡ons shall be cumulative.
8 :¡::iExtii¡ii:.: lDiscription : '
.''
Legal Description of the Property
rtDe piction of the Property
Pu blic Benefits
Fees
a
A-5595
Any application by Owner for a regulatory permit and/or approval from an agency other than City which is required for the Project, but has been pending more than one year after its subm¡ttal, beginning on the 366th day following its submittai for approval.
Any other delay occurs which is beyond the control of the Parties, as described in Section 13.10.
Termlnatìon. This Agreement shall be deemed terminated and of no further effect upon the earlier occurrence of any of the following events:
. Expiration of the Term as set forth in Section 7.2;
Completion of the Project ìn accordance with the terms of th¡s Agreement, including issuance of all required occupancy perm¡ts and acceptance, as required by state law, by City, or the applicable public agency, of all required dedications and the satìsfaction of all of Owner's obligations under this Agreement; and
As may be provided by other specific provisions of this Agreement.
Effect of Termination. Subject to Sect¡on 8.10, upon any term¡nation of th¡s Agreement, the only rights or obligations under this Agreement which eìther Party shall have are:
. The completion of obl¡gations which were to have been performed prior to terminat¡on, subject to Section 11; and
¡ The performance and cure r¡ghts set forth in Section 11.
Amendment or Cance¡lation of AÊreement. Th¡s Agreement may be amended from time to time or canceled only by the written consent of both CÌty and Owner in the same manner as its adoption, as set forth in California Government Code Section 65868. Any amendment or cancellation shall be in a form suitable for recording in the Offìcial Records of Los Angeles County, California. An amendment or other modification of this Agreement will contìnue to relate back to the Effective Date of this Agreement (as opposed to the effective date of the amendment or modification), unless the amendment or modification expressly states otherwise,
7.3 7.4
7.5 9
7.6 77
A-5 59 5
Release of Obligations With Respect to lndividual Parcels Upon CertifÎcation of Occupancv. Notwithstanding any other provìsion of this Agreement:
7.6.L When any individual parcel has been finally subdivided and sold, leased, or made available for lease to a member of the public or any other ultimate user, and a certificate of occupancy has been obtained for the building(s) on the lot, that lot and its owner shall have no further obl¡gations under and shall be released from this Agreement.
7.6.2 Upon the conveyance of any lot, parcel, or other port¡on of the Property to a property owners'association or public or quasi-public entity, that lot, parcel, or port¡on of the Property and its owner shall have no further obligations under and shall be released from this Agreement.
No formal actlon by the City is required to effect this release, but, upon Owner's request, City shall sign an estoppel certificate or other document to evìdence the re lease.
Minor Changes. The provisions of this Agreement require a close degree of cooperation between the Parties and "Minor Changes" to the Project may be required from time to time to accommodate design changes, engineering changes, and other refinements related to the detaìls of the Parties' performance. "Minor Changes" shall mean changes to the Project that are otherwise consistent with the Development Plan, and which do not result in a change in the type of use, an increase in density or intensity of use, signif¡cant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulatÌons in effect on the Effective Date, Accordingty, the Parties may mutually consent to adoptìn8 "Mìnor Changes" through their signing of an "Operating Memorandum" reflecting the Minor Changes. Neither the Minor Changes nor any Operating Memorandum shall require public notice or hearing. The City Attorney and City Manager shall be authorized to determine whether proposed modifications and refinements are "Minor Changes" subject to this Sect¡on 7.7 or more significant changes requiring amendment of this Agreement, The City Manager may execute any Operating Memorandum without City Councll action.
Term of Map{s) and Other Development Approvals.
7.8.I Subdivision Maps. Pursuant to Government Code Section 66452.6, the term of all parcel maps that are approved for all or any portion of the Property shall be extended to a date coincident with the Term and, where not proh¡bited by State law, with any extension of the Term 10 7.8
A-5595
7.a.2Site Development Perm¡ts. Site Development Perm¡ts for the Project shall have terms that coincide with the term of the subdivision or parcel map for the portion of the Property to which a part¡cular Site Development Permit perta¡ns.
7.8,3Other Devetopment Approvals. Pursuant to Government Code Section 65863.9, any and all other Development Approvals, including, but not limited to, those discretionary approvals listed in Recital E above, for any portion of the Project shall automatically be extended for a term ending concurrently with the applicable tentative maps for the Project. Pursuant to Section 7.8.1, those terms shall be the same as the Term of this Agreement.
7.8.4Decisìons of Planning Manaser. Any decision of the Planning Manager with respect to Subsequent Development Approvals may be appealed to the City's Planning Commission pursuant to the procedures of the cìty's Munic¡pal code, Decìs¡ons of the Planning Commission on appeal may be appealed to the City Council pursuant to the procedures of the City's Municipal Code.
7.9 Retationship of Citv and Owner. The contractual relationship between CÌty and Owner aris¡ng out of this Agreement is one of independent contractor and not agency. This Agreement does not create any th¡rd-party beneficiary rights
7.IO Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person or mailed by first class or certified mail, postage prepaid, addressed as follows:
lf to C¡ty, to:
city of Palmdale
38300 Sie rra Highway
Palmdale, Ca liforn ia 93550
Attn: City Manager
With a copv to:
City of Palmda le
38300 Sierra Highway, Suìte A
Palmdale, CA 935 50
Attn: City Attorney
11 A-5 59 S
lf to Owner, to
Palmdale lnvestment Company, LLC
1146 N. Central Ave., #441
Glenda le, CA 91202-2502
Attn: Joh n Thomas
joh n @thomaspa rtn ers.com
With a copy to
Tim Paone
Cox, Castle & N icholso n
3121 M ichelson Drive
Suite 200
lrvine, CA 92612
tpaone @ coxcastle.com
C¡ty or Owner may change its address by giving notice in writing to each of the other names and addresses listed above. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed gìven upon personal delivery or, if mailed, two (2) business days following deposit ¡n the United States mail.
8. DEVELOPMENT OF THE PROPERTY.
8.1Owner's Vested Right. Owner shall have the vested right to complete Development of the Property in accordance w¡th the Development Plan ("owner's Vested Right").
Governing Land Use Regulations. The Land Use Regulations applicable to the Project and the Property shall be those contained in the Development Plan. An amendment or other modification of this Agreement will not change these applicable Land Use Regulations unless the amendment or modification expressly provides otherwise. Subsequent Land Use Regulations shall not apply to the Property unless the Parties mutually agree in writing that the Project will be subject to one or more Subsequent Land Use Regulations. Owner's applicat¡on for a Subsequent Land Use Regulation and the City's approval of that application as submitted or as otherwise agreed to in writing by Owner shall be deemed an effective mutual written agreement of the Parties.
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Nothing contained in this Agreement shall be deemed to author¡ze City to withhold any building permit, approval, and/or certificate of occupancy based on Owner's failure to comply with any Land Use Regulation that, as a result of thìs Agreement, is not applicable to the Project.
8.3 Permitted Uses. The permitted uses on the Property shall be as provided in the Development Pla n.
8,4 Density and lntensitv; Requirement for Reservation and Dedication of Land. The density and ìntensity of use for all Development on the Property, and the requirements for reservation and dedication of land, shall be as provided in the Development Plan.
8.5 Su bdivisio n Map Processing.
8.5.1The Porcel Mop. Processing, filing, and recording of the Parcel lvlap shall be as provided within the Subdivision Map Act and subject only to the Existing Land Use Regulations.
8.5.2Phased Final Mops. Pursuant to Section 66452.6(a)(1) of the California Subdivisìon Map Act, through th¡s Agreement Owner has requested and City agrees to permit the filing of up to four "phased final maps," as that term is used in Section 66452.6(a)(1), for the Project. This request by Owner sha ll be deemed to be in effect at the approval of the Tentative Map.
8,6Reservation of Author¡tv. The following Land Use Regulations or Subsequent Land Use Regulations sha ll apply to the Property and the Project:
Procedural regulations relating to hearing bodìes, pet¡tions, applications, notices, findings, records, hearings, reports, reco m mendations, appeals, and any other matter of procedure;
Provided that they are uniformly applied to all development projects w¡thin the City and are not applied retroactively to any Development Approval issued before their adoption or amendment, uniform codes governing engineering and construction standards and specifications adopted by the C¡ty pursuant to state law (such codes include, without lim¡tation, the City's adopted version of the Uniform Adm¡nistrative Code, California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, and Californìa Fire Code); and 13 4.7
A-559 5
. Regulations which may be in conflict w¡th this Agreement, but which are objectively requìred (and there are no available reasonable alternat¡ves) to protect the public health and safety in the event of a sudden, unexpected occurrence involving a clear and ¡mm¡nent danger, and demanding immediate action to prevent or mitigate loss of, or damage to, lÌfe, health, property, or essential publÌc services within the immed¡ate community. Such regulations must be a valid exercìse of the City's police power and must be applied and construed so as to provlde owner, to the maximum extent possible, with the rights and assurances provided in this Agreement. To apply to the Property, such regulations must be adopted after a public hearing and must be based upon findings of necessity established by a preponderance of the evidence. Any regulations, including moratoria, enacted by City and imposed on the Property to protect the public health and safety in the circumstances described above shall toll the Term and any time periods for performance by Owner and City set forth ¡n this Agreement.
Assessment District or Other Public Financine. Subject to all procedural requirements of State and city law, City shall use its best efforts to conduct proceedings to consider and util¡ze one or more of a number of alternative public financing mechanisms authorized by state law, which may include, but are not limited to, Enhanced lnfrastructure Financing Districts, Mello Roos Districts, Community Fac¡l¡ties Districts, Parking/ Public lmprovement Districts, Landscaping and Lighting Assessment Distr¡cts, Utìlity Author¡ty, other land based secured assessment districts, lease leaseback transaction structures, project specific tax revenue re¡mbursement, as well as other allowed financing mechanisms (collectively, "Public Financing Mechanisms")' These Public Financing Mechanisms may, at the Cìty's sole and absolute discretion, be used to provide public financing for one or more of the following: (i) the acquìsìtion of the land designated in the Development Plan for the construction of the two park¡ng structures (the "Parking Structures") and all interior streets of the Project which prov¡de dìrect or ind¡rect access to at least one of those Park¡ng Structures (collectively, the "Parking Facilities") (ìi) the construction of the Parking Facil¡ties, and (iii) the construction of infrastructure and other public amenit¡es such as water, sewer and storm water facilities, parks, public pavilions, pedestr¡an areas, and any other projects authorized by state law governing the particular financing mechanism. lt is ant¡cipated that the city may consider creating and/or utilizing a Special Purpose Authority ("Authority"), and that a separate financing agreement(s) will be required by and between the City and/or the Authority and Owner.
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Owner's Finoncial Cqpacitv. Prior to any determination of public financing and/or funding of the Parking Facilities, City and, if applicable, Authority must be satisfied that the Owner has the ability and financial capacity to develop the Project and, therefore, provìde the sign¡ficant benefit of making high quality health care facilities reasonably accessible to residents of C¡ty and surrounding communities. Based on the foregoing determination in conjunction with an independent determination by special counsel that such financing complies with applicable federal and State regulations, the City or the Authority may authorize (i) construction and operation of the Parking Fac¡lities by Owner and (ii) issuance and sale of future bonds, if any, that shall be based on prevailing municipal financing practices and criteria and sold in a mutually agreeable timeframe that would consider the t¡ming as follows: (a) the first Parking Structure shall be complete and available for use prior to occupancy of the first non-parking building that is part of the Project and (b) the second Parking Structure shall be complete and available for use as agreed based on the future occupancy of the Project.
Proiect Continaent on Public Financinq Mechanism' Owner recognizes that City cannot commit to a Public Financing Mechanism through this Agreement, and must comply with all aspects of local, state, and federal law relevant to the formation of a Public Financing Mechanism prior to making such a commitment. City, however, recognizes that Owner cannot commit to development of the Project unless City exercises its discret¡on to form/provide a Public Financing lvlechanism to, at a minimum, f inance the construction of the Parking Facilities Proiect Continaent on Owner's Manaoement of Parkinq Structures.
City recogn¡zes that, subject to compliance with all state and federal regulatìons, Owner cannot commit to development of the Project unless City and Owner enter into an agreement for a term of no less than 75 years granting to Owner the r¡ght to (i) manage construction of the Parking Structures, (iÌ) when completed, manage and ma¡ntaìn the two Parking Structures at Owner's expense, and (iii) collect and reta¡n the revenues from the Parking Structures.
Proiect Cont¡noent on Owner's Monoaement of Park¡nq Structures city recognizes that, subject to compliance with all state and federal regulations and any bond financing restrìctions and/or covenants, Owner cannot commit to development of the Project unless City and Owner enter into an agreement grant¡ng to Owner an option for Owner to purchase at fair market value either one or both of the 15 8.7.2
a?2
9-1 L
A-5595
Parking Structures (whether separately, iointly, or at different times) at ãny t¡me during owner's management ofthe Parking structures.
8.8 199¡ Because of the CitY's desire for the development of the Property to provide reasonable access for the residents of the city and surrounding communities to high quality health care, Development Fees (see Section 5.1L) and, Administrative Fees (see Section 5 1) shall be as set forth on Exh¡bit "D" ln the case of any ambiguity or uncertainty as to whether a particular fee is an Admin¡strative Fee or a Development Fee, it shall be treated as a Development Fee. As noted on Exhibit "D", Pass-Through Fees (see Section 5.30) shall not be ca pped or waived.
Owner is solely responsible for obtaining a determinatìon by the Department of lndustrial Relations regarding the adjustment of Development Fees pursuant to this Agreement or any public subsidy for the Project to determ¡ne whether it meets the exemption of "de minimis in the context of the project" as outlined in Section 1720(c)(3) of the California Labor Code.
8.9 Adequacv of Required lnfrastructure, The City acknowledges and agrees that, upon Owner's completion of the Project pursuant to the City's cond¡tions of approval, there will be sufficient capacity to accommodate the Project ¡n the infrastructure and services owned, operated, outsourced, controlled, and/or provided by the City, ìncluding, without limitation, traffic circulation, storm drainage, trash collection, and flood control. Where City renders or outsources such services or owns such infrastructure, City shall serve the Project and there shall be no restr¡ctions placed upon Owner concerning hookups or service for the Project, except for reasons beyond City's control.
8.10 Vested R¡shts Upon Termination Term¡nation of this Agreement shall not invalidate any Land Use Regulations or terminate any Subsequent Development Approvals obtained prior to the date of termination. Upon any termination of thìs Agreement, Owner's vested rights, if any, shall be determined by this Agreement to the extent development has occurred on the Property, and as to the remainder of the Project, by state and federal statutes and case law and then current factual state of the Development'
8.11 Staffing and Expedited Processins City shall employ all lawful actions capable of being undertaken by City to (¡) promptly receive and, when complete, accept all applications for Subsequent Development Approvals and related environmental analysis, if any (collectively, "Ap plicatìons" ), and (iì) expeditìously process and take action upon the Applications in accordance with applicable law 16 A-5595
8.72 changes in Federal and State Law. The Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations or mandate the adoption of local regulations that confl¡ct with or impede implementation of the Development Plan. Upon discovery of such a subsequently enacted federal or state law, City or Owner shall provide the other Party with written notice, a copy of the state or federal law or regulation, and a written explanation of the legal or regulatory conflict created. Within ten (L0) days thereafter, C¡ty and Owner shall meet and confer in good faith ln a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulat¡on. In such negotiations, City and Owner agree to preserve the terms of this Agreement and the rìghts of Owner and C¡ty as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate wìth Owner ìn resolving the conflict in a manner which minimizes any financial impact of the conflict upon Owner or C¡ty.
City also âgrees to process, in the same exped¡ted manner as set forth for Appl¡cations in Section 8.11, Owner's proposed changes to the Development Plan as needed to comply w¡th such federal or state law, and to process those changes in accordance with City procedures. Any delays caused by such changes in state or federal law shall toll the term of this Agreement and the time periods for performance by Owner and City set forth ¡n th¡s Agreement
8.13 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camqrillo,3T Cal. 3d 465 (1984), that the failure of the parties ¡n that case to provìde for the timing of development resulted in a later- adopted in¡t¡ative restricting the timing of development to preva¡l over the parties' agreement, it is the specif¡c intent of the Parties to provide for the timing of the Project in this Agreement. Therefore, subject to any State requirement related to the completion of construction for which a building permit has been issued, Owner shall have the right, but not the obligation, to complete the Project in.such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate ¡n its sole subjective business judgment.
8.!4 Conditions, Covenants and Restrict¡ons. Owner shall have the right, but not the obligation, to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as Owner deems appropriate, in its sole and a bsolute discretion.
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9. ANNUAL REVIEW
9.1 Tìming of Annual Review, Pursuant to Government Code Section 65865.1, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Owner with the terms of this Agreement ("Annual Review").
q?Standards for Annual Review. Dur¡ng the Annual Review, Owner shall demonstrate good faith compliance with the terms of this Agreement. "Good faith compliance" shall be established if Owner is ¡n substantial compliance with the material terms and conditions of this Agreement.
9.3Procedures for Annual Review. The Annual Review shall be conducted by the C¡ty Council or its designee. Owner shall be g¡ven a minimum of sixty (60) days' notice of any date scheduled for an Annual Review. owner shall not be lìmited in the information it presents to the City Council for the Annual Review and may, if needed, provide information to the City Council in the f¡rst instance at the City Council hearing on the Annual Review. Should the City Counc¡l designate a party other than itself to conduct the Annual Review, these same notice and procedural requirements shall apply to the conduct by the designee of the Annual Review.
9.4Certificate of Compliance. At any time during any year that the City Counc¡l or its designee finds that Owner is not in Default under th¡s Agreement, Cìty shall, upon written request by Owner, provide Owner w¡th a wr¡tten certificate of good faith compliance within fifteen (15) days of City's receipt ofthat request,
10. THIRD PARTY LITIGATION,
10.1 Third Partv Lit¡patìon Concernins Agreement. owner shall, at Owner's expense, indemnify and hold City, its officers, employees and independent contractors engaged in project planning or implementation, harmless from any third-party claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, or annul the approval of this Agreement (collectively, "Thìrd-Party Claims"). City shall promptly notify Owner of any Th¡rd-Party Cla¡m and City shall cooperate in the defense.
LO.z Dutv to Defend. Owner shall defend City against all Third-Party Claims at Owner's expense with legal counsel selected by Owner. Owner shall advise City of its choice of counsel and consider, but not be obligated by, any input the C¡ty may provide regarding the retention of that counsel. With respect to any Third- Party Claim, if Owner asks City to partìcipate in the defense of a Th¡rd-Party Claim, City shall participate. Even if not requested, City may elect to part¡cipate in the defense of any Third-Party Claim. Under either circumstance, (i) City may 18 11
A-55ç5
select ìts own legat counsel to represent City in that defense and (ii) Owner shall reimburse City for the reasonable cost of that defense. For purposes of this Section 1.0,2, to "part¡cipate" in the defense of a Third-Party Claim shall mean that, whether through the city Attorney's office or outside counsel, the City shall appear in court hearings and trials, prepare and file briefs, and otherwise directly engage in litigation related to the Third-Party claim.
10.3 Processins Durins Third Partv Litisation' The filing of any third party Iawsuit(s) against city or Owner relating to this Agreemênt, the General Plan, any Development Approvals, including Subsequent Development Approvals, or other development issues affecting the Property shall not delay or stop the development, processing, or construction of the Project, approval of Subsequent Development Approvals, or issuance of Development Approvals unless the third party obtains a court order preventing such activity City shall not st¡pulate to the issuance of any such order without Owner's prior written consent.
DEFAULTS, REM EDIES, AND WAIVERS.
11.1 Notice. Before either Party may declare a Default under this Agreement this Agreement, the procedures of this Section must be followed. ln the case of a Default aris¡ng from the conduct of an Annual Review, the procedures of this Sectìon shall be strictly followed and shall constitute a second and independent review of the good faith compliance of Owner.
The Party asserting a Default (the "Non-Defaulting Party") may elect to do so by providing written not¡ce to the Party alleged to be in Default (the "Defaulting Party") setting forth the nature of the Default and the actions, if any, required by the Defaulting Party to cure the Default. The Defaulting Party shall be deemed in Default if the Defaulting Party fails to cure the Default within thirty (30) business days after the date of such not¡ce (for monetary defaults) or within sixty business (60) days after the date of such notice (for non-monetary defaults)("Cure Periods"). lf the nature of the alleged Default is such that it cannot reasonably be cured within the applicable Cure Period, the Defaultìng Party shall not be deemed to be in Default if it has commenced efforts to cure the Default within the applicable Cure Period and continues to diligently pursue complet¡on of the cure.
f]'2 Default Remedies. A Party who complies with the notice of Default and opportunity to cure requirements of this section may, at its option, institute legal action to cure, correct, or remedy the alleged Default, enjoin any threatened or attempted v¡olãtion, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy, with the 19 A-5595
exception of termination of this Agreement. These remedies shall be cumulative rather than exclusìve, except as otherw¡se provided by law. 7],3 Standard of Review. Any determination that a Party is in Default shall be based upon the preponderance of evidence. ln any legalaction alleging or challenging a Party's determination of Defautt, the court shall conduct a de novo review of compliance based on the adminlstrative record and determine if the preponderance of evidence supports the claim of Default.
11.4 Waiver; Remedies Cumulative, There are no ìmplied waivers. All waìvers of performance must be in a writing signed by the Party granting the waiver.
Failure by either Party to insist upon the strict performance of any provision of this Agreement, irrespective of the length of t¡me for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future.
A wr¡tten waiver affects only the performance specifically waived and defines the scope and duration of the waiver' Unless expressly stated in a wr¡tten waiver, future performance of the same or any other condition is not waived.
A Party who complies with the notice and opportunity to cure requirements of this Agreement, where applicable, and pursues a legal or equitable remedy available under this Agreement does not waive its right to pursue any other remedy available under this Agreement, unless prohibited by statute, court ru les, or judicia I precede nt.
Delays, tolling, and other actions ar¡s¡ng under this Agreement shall not be considered wâivers subject to th¡s Section.
rZ. ENCUMBRANCES, ASSIGNMENTS, AND RELEASES.
72.1, Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at owner's sole discretion, from encumbering some or all of the Property or any improvement on the Property with a Mortgage (see Section s.1s),
12.2 Mortsasee Protection. City acknowledges that any lender(s) providing financing secured by the Property and/or its improvements may require Minor Changes lf requested by Owner or a lender, City shall meet with Owner and representatives of the lender(s) to negotiate in good faith any such Minor Changes. City will not unreasonably withhold or delay its consent to a requested Minor Change provided the Minor Change is consìstent with the intent and purposes of th¡s Agreement. The follow¡ng terms and conditions ãpply to all Mortgages:
20 A-55q5
L2,2,7Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the l¡en of any Mortgage made in good faith and for value.
72.2.2lf City timely receives a request from a Mortgagee requesting a copy of any notice of Default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the lvlortgagee within ten (10) days after receiving the Mortgagee's request. The Mortgagee shall have the right, but not the obligation, to cure the Default during the remaining cure period allowed Owner under this Agreement.
12.2.3Except as otherw¡se provided within this Agreement, any Mortgagee who comes into possession of some or all of the Property pursuant to foreclosure of a Mortgage or deed in lieu of such foreclosure or otherwise, sha ll:
. Take the property acquired subject to the terms of this Agreement and as Owner's successor;
. Have the rights and obligations of an Assignee as set forth in Sections 12.3 and I2.4;
o Have the right to rely on the provisions of Section 8 of thìs Agreement, provided that any development proposed by the Mortgagee is ¡n substantial conformance with the terms of this Agreementj and
. Not be liable for any Defaults, whether material or immaterial, or monetary obligations of Owner ar¡sing prior to acqu¡sit¡on of title to the Property by the Mortgagee, except that the Mortgagee may not pursue development pursuant to this Agreement until all delinquent and current fees and other monetary obligations, if any, due to the City under this Agreement for the portions of the Property acquìred by the Mortgagee have been paid to city. f23 Assignments of lnterest in AÊreement. Owner shall have the right to sell, transfer, or assign some or all of the Propertv at any time during the Term (a "Property Conveyance"). Any sale, transfer, or assignment of Owner's rights and obligations under this Agreement (collectively, an "Assignment") in connection with a Property Conveyance, however, shall be subject to the requ¡rements outlined below.
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12.3.7 L2.3.2
Ass¡gnments Requir¡ng City's Consent. The qualifications and identity of Owner are of particular concern to the City. lt ¡s because of those qualifications and identity that the City has entered Ìnto this Agreement with Owner. The City has negotiated the terms of this Agreement in contemplation of the constructìon of the Parking Facilitles. Accordingiy, from the Effective Date until the issuance of a Release of Construction Covenants for the Parking Facilities, all Ass¡gnments by Owner shall be subject to the terms of this Section 72,3.
Ass¡gnments Permitted Without C¡ty's Consent. Notw¡thstanding any other prov¡sion of this Agreement, Assignments related to the following Property Conveyances and other transactions shall not req u ¡re City consent:
The conveyance or dedication of any portion of the Property to a public agency, including the City.
The granting of easements or permits to facilitate construction of the ParkÌng Fa cilities.
The granting of easements or permits for utility purposes.
Transactions for financing purposes, including the grant of a deed of trust to secure the funds necessary for land acquisition, construction, and/or permanent financing of any portion of the Project.
The acqu¡sition of some or all of the Property bV a Mortgagee ¡n its capac¡ty as a Mortgagee, such as through foreclosure or a deed in lìeu of foreclosure.
lf Owner is a publicly held corporation, real estate investment trust or publicly held partnership, a transfer of stock or other shares, provided there is no mater¡al change in the actuaì management and control of Owner.
Transact¡ons with an Owner affiliate, provided that, following the transaction, Owner shall (i) retain an ownership and operational ¡nterest in the Project (directly or indirectly) and (ii) Owner's current repTesentat¡ves shâll remain the primary Owner
representative(s) for purposes of communicat¡on with the City. a
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12.3.3 12.3.4
72.3.5 Transactions which have the effect of merging Owner's interest ¡n the Property with current or acquired interests of other entities, provided that, following the transact¡on, Owner shall (i) retaìn an ownership and operat¡onal ¡nterest in the Project (directly or indirectly) and (ii) Owner's current representatives shall remain the pr¡mary Owner representative(s) for purposes of commun¡cat¡on with the City.
Entering into reciprocal easement agreements and CC&Rs with tenants and end users, related to some or all ofthe Project.
C¡ty Considerotion of Requested Assignment. The City agrees that ìt will not unreasonably withhold, condition, or delay approval of a request for approval of an Assignment made pursuant to this Sect¡on
12.3 which requires the City's approval, provided the Owner delivers written not¡ce to the City requesting such approval. Such notice shall be accompanied by evidence regarding the proposed assignee's development and/or operational qualifications and experìence and its financial commitments and resources in suffìcient detail to enable the C¡ty to evaluate the proposed assignee pursuant to the cr¡teria set forth in this Section 12.3. The City may, in considering any such request, take into consideration such factors as, without limitation, the assignee's experience and expedise, the assignee's past performance as developer or operator of similar developments, and the assignee's current financial condition and capabilities.
Ass¡gnment ond Assumption Agreement. Prior to any Assignment (whether or not an Assignment requ¡r¡ng the City's consent)¡ Owner shall give wr¡tten not¡ce to City of the Assignment and satisfactory evidence that the assignee has assumed in writing through an assignment and assumption agreement all of the Owner's obligations set forth in this Agreement (an "Assignment and Assumption Agreement"). The Assignment and Assumption Agreement shall be in a form reasonably satisfactory to the City's legalcounsel.
City's Act¡on on Request for Consent. With¡n fìfteen (15) days after the receipt of the Owner's written Notice requesting City approval of an Assignment, the City shall either approve or disapprove the proposed assignment or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a responsei the Owner shall promptly provide to the Cìty the requested information Within fifteen 23 A-5 59 5
(15) days after the receipt of such information, the City shall approve or disapprove the requested Assignment. Upon the effective date of an ass¡gnment approved by the City, Owner shall be released from all obligations to the City under this Agreement with respect to the portion of the Property which is the subject of the Ass¡gnment.
72.4 Effect of Assignment. Unless otherwise stated within the Assignment, upon an Assignment:
. The Assignee shall be liable for the performance of all remaining obligations of Owner w¡th respect to those portion of the Property which are conveyed pursuant to the Property Conveyance (the "Transferred Property"), but shall have no obligations with respect to any portions of the Property not conveyed (the "Retained Property").
. The owner of the Retained Property shall be liable for the performance of all obligations of Owner with respect to the Retained Property, but shall have no further oblìgations with respect to the Transferred Property.
The Assignee's exercise, use, and enjoyment of the Transferred Property shall be subject to the terms of this Agreement to the same extent as if the Ass¡gnee were the Owner.
MISCELLANEOUS PROVISIONS.
13,1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" ¡s mandatory; "may" is perm¡ssive
13.2 Entire Agreement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. Thìs Agreement supersedes all negotiations or previous agreements between city and Owner respect¡ng the subject matter of this Agreement.
13.3 Recorded Statement Upon Termìnation. Upon the complet¡on of performance of this Agreement or its cancellation or termination, a statement evidencing completion, cancellation, or termination signed by the appropriate agents of the Parties shall be recorded in the OfficialRecords of Los Angeles County, Californ¡a.
L3.4 Proiect as a Prìvate Undertak¡ng. lt is specifically understood by the Parties that (ì) the Project is a private development, (ii) City has no respons¡bility to th¡rd parties concernìng any improvements to the Property unless City accepts the improvements pursuant to the provisions of thls Agreement or in connection with subdivision map approvals, and (iii) Owner shall have exclusive control of the Property.
24 13.
13.5 13.6
13.7 13.8
13.9 13.10
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lncorporation of Rec¡tals. Each of the Recitals set forth at the beginn¡ng of this Agreement are part of this Agreement.
Captions. The captions of this Agreement are for convenience and reference only and shall not define, explaìn, modify or aid in the interpretation, construct¡on, or meaning of any of the provisions of this Agreement.
Consent. Where the consent or approval of C¡ty or Owner is needed to implement Development under th¡s Agreement, the consent or approval shall not be unreasonably withheld, delaved, or condit¡oned.
Covenant of Cooperation. The Parties shall cooperate and act in good faith to assist each other in the performance of the provis¡ons of this Agreement Execution and Recording, The City Clerk shall cãuse a copy of this Agreement to be signed by the appropriate representat¡ves of the City and recorded with the Office of the County Recorder of Los Angeles County, California, within ten (10) days following the effective date of the ordinance adopting this Agreement. The failure of the city to sign and/or record this Agreement shall not affect the va lid ity of this Agreement.
Delav for Events Bevond the Part¡es' Control. Performance by either Party of ìts obligations under this Agreement shall be excused, and the Term shall be extended, for periods equal to the time during which (1) l¡tigation is pending which challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of all or any part of the Development Plan or (2) a delay caused by any event beyond the control of the performing Party prevents or delays performance by that Party of an obligation under this Agreement. Ail such extensions shall be cumulative Such events shall include, by way of example and not limitation, acts of nature, enactment of new federal or state laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, delay in the ¡ssuance of bonds or formation of the Parking Distr¡ct, riots, str¡kes, and damage to work in process by reason of fire, mud, rain, floods, earthquake, or other such casualties. With respect to litigation, any such extension shall be equal to the time between the fiting of litigation, on the one hand, and the entry of finaljudgment or dismissal, on the othe r.
lf either Party seeks excuse from performance, it shall provide written notice of such delay to the other Party wìthin thirty (30) days after the commencement of such delay. Any disagreement between the Parties w¡th respect to whether th¡s Section applies to a particular delay or default ¡s subject to the filing by either Party of an action for judicial review of the matter, including requests for decla rato ry a nd/or injunctive re lief.
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L3,11 lnterÞretation and Governinq Law. ln any dÌspute regarding this Agreement, the Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in Los Angeles County, Californ¡a,
13.12 Time of Essence. Time is of the essence in the performance of the provisions of th¡s Agreement as to which t¡me is an element.
13.13Estoppel certificate. Within ten (10) business days following a written request by either of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modîfications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured Defaults under this Agreement or the responding Party alleges that specified (date and nature) Defaults exist. The statement shall also provide any other reasonable information requested. The failure to t¡mely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modìfication, except as may be represented by the requesting Party and that there are no uncured Defaults in the performance of the requesting Pârty, except as may be represented by the requesting Party Owner shalì pay to City all reasonable administrative costs incurred by City in connection w¡th the issuance of estoppel certificates under this Sect¡on prior to C¡ty's issuance of such certificates.
L3.14 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
13.15 Future LitiÊation Expe nses.
13,15.1 Pavment to Prevailing Partv. lf either Party brings a legal or equitable proceeding against the other Party which arises in any way out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and all other reasonable costs and expenses incurred in that proceeding.
L3.75.2Scope of Fees. Attorneys' fees under this Section shall include attorneys'fees on any appeal and ¡n any post-judgment proceedings to collect or enforce the judgment. This provisìon is separate and several and shall survive the termination of this Agreement.
Limitation of Liabilitv. Owner's obligations under this Agreement are solely those of Owner. ln no event shall any present, past or future officer, director, shareholder, member, employee, partner, aff¡l¡ate, 26 13. 15.3
A-559 5
Owner and City have executed this Agreement on the dates set forth below
CITYOWNER
manager, representative or agent of Owner (a "Related Party") have any personal liability, directly or indirectly, under this Agreement Recourse in any way connected with or arising from this Agreement shall not be available against any Related Party
Palmdale lnvestment Com PanY, LLC,
a California limited liability company
By:
as
Its: Managing Member
DATE
^
City of Palmdale
DATE
ATTEST:
Rebecca Smith,
City Clerk
APPROVED AS TO FORM:
By:
a
w
Wm. Matthew Dìtzhazy
CitV Attorney
DATE
27 A-5595
A notary public or other officer completing
this certificate verifies only the identity of
the ¡ndividual who signed the document to
which this cert¡ficate is attached, and not the
truthfulness, accuracy, or validity of that
docu ment.
STATE OF CATIFORNIA
couNrY oF ,*,. Ql^* J-
¿
on ? - [ \_- tk2017 before me,
pe rsona lly a ppea red
basis of satisfactory evidence
instrument and acknowledged to
l\)L(g-V'
(insert name and title of the officer),
who proved to me on the
the persoryþlwhose name(s) is/a re-su bscribed to the within me that he/she/tbey executed the same in his/her/their
ss:
authorized capacity(i€ïand that by his/hery'tleir signatureþ) on the instrument the perso-ñ-þ), or the entity upon behalf of which the person{sþcted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatu re
ISe a l]
<\
! rí+.ù':. shABBrft ¡.2Â[J I : .Z-.I çrì.;\ cor¡n.* 214i4?1 iì i¡ r =1'¡ -L(:f:l: i ñ0rÅrr pr¡ri( . a!rf t'Á\l'. !,J
{ f\ .f'Y / Loi Åqü¿rls cour¡rY -
'; r¡:Ê;.'7 l¡':¡ri'r¡ lrP Årf 2l :ùl0i !-,"--.i,;1--*."."¡..,."* 28 ,)
A-559 5
A notary publìc or other off¡cer completing
this certìficate verìfies only the ¡dentìty of
the ìndividual who sìgned the document to
which th¡s certif¡cate ¡s attached, and not the
truthfulness, accuracy, or val¡dity of that
STATE OF CALIFORNIA
ss:
COUNTY OF
on fYl a r! e S , 2017 before me,
(insert name and title of the officer),
I certify under PENALTY OF PERJURY under the laws of the state of california that the foregoing paragraph is true and correct
WITNESS my hand and official sea I'
Signatu re
[sea l]
t-os Évrct¿\¿>
--__---__]-
29 A-5595
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PALMDALE, COUNry OF LOS ANGELES, STATE OF CALIFORNIA BEING THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27 TOWNSHIP 6 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CO RN ER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARÍER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE, ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, SOUTH 89'53'26,, EAST, 5O.OO FEET TO A POINT ON THE EASTERLY LINE OF THE EASEMENT DESCRIBED IN PARTA OF THE ROAD DEED RECORDED FEBRUARY 3, 1967 AS INSTRUMENT NO, 1895, OFIICIAL RECORDS OF sAtD couNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAlD EASTERLY LINE THE FOLLOWING FOUR (4} COURSES:
1. NORTH OO'32'20'' WEST,71,77 FEET;
2, NORTH 0L"22,L3" EAST, 300.17 FEET;
3. NORTH 00.32'20,'WEST, 218.53 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 27,0O IEEI;
4, NORTHEASTERLY ATONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96'11'04'AN ARC LENGTH OF 45,33 FEET TO THE BEGINNING OF A COI\IPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 95O,OO FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 05'38.44'' WEST, SAID COMPOUND CURVE BEING THE SOUTHERLY LINE OF THE EASEI\IENT DESCRIBED IN THE ROAD DEED RECORDED FEBRUARY 1, 1957 lN BOOK 53536, PAGE 146, OFFICIAL RECORDS OF SAlD COU NTY.
THENCE, ALONG SAID SOUTHERLY LINE, THE FOLLOWING TWO (2) COURSES
1. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23" 13'29" AN ARC LENGTH OF 385,08 FEEÏ;
2. SOUTH 6T"07'47'' EAST, ß2.47 FEET TO THE SOUTHWESTERLY LINE OF THE EASEMENT DESCRIBED IN THE DOCUMENT ENTITLED "AMENDED FINAL ORDER OF CONDEMNATION,, RECORDED MAY 17, 201145 INSTRUMENT NO. 203.10695447, OFFICIAL RECORDS OF SAID COUNTY;
THENCE, ALONG THE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY LINES OF THE PARCELS DESCRIBED IN SAID DOCUMENT, THE FOLLOWING SIX (6) COURSES:
L, souTH 51'38',47" EASI 254,92 FEET;
2. SOUTH 61"07'47" E45T,64.35 FEEÏ;
3, SOUTH !6"06'22" EAST,34,40 FEET;
4, SOUTH 29.03'41" WEST,290.26 FEETTOTHE BEGINNING OFACURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 466,50 FEET;
A-1
A-5595
5. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'42'32'' AN ARC LENGTH OF
1.52.33 FEET;
6, SOUTH 54'1]7'21, WEST, 23.09 FEET TO THE SOUTHERLY LINE OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE, ALONG SAID LINE, NORTH 89"55'37., WEsT, 209,72 FEET TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEsT QUARTER OF THE NORTHWEsT QUARTER OF SAID sECTION 27; THENCE, ALONG SAID IINE, NORTH 00"37.42'' WEST, 335,60 FEET TO SAID SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 89"53'26.. WEST, 619.58 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 12.13 ACREs, I\4ORE OR LESS.
A-2
A-ïrq5
EXHIBIT "B''
DEPICTION OF THE PROPERTY
B-1
A-5 59 5
EXHIBIT "C"
ADDITIONAL PUBLIC BENEFITS
1 Where applicable, one exarnple of how this provision may be satisfied with respect to tenants is that, prior to the occupåncy of spåce by a tenant, Owner may provide a written statement to the tenant which ìncludes words to the efÍe.l ol "Owner encouruges Tenant to híre or contrdct w¡th local, women-owned, ot m¡nar¡ty-owned f¡ms ot locql res¡dents, woñen, ond m¡notities ãs patt of its bus¡ness ptoctices."
c-1
owner shall pay seventeen Thousand F¡ve
Hundred Dollars {S17,500.00) to the Pêlmdêle
Commun¡ty Foundation to be used to support
community activit¡es related to healthy
lifestyle.
S7,5oo upon occupancy of
second medical office building
within the Project, with 52,500
per year paid on the four
anniversary dates of that first
payment.
Donation to Palmdale
Commun¡ty Foundat¡on 1
The Project will comply w¡th all mandatory
provìsions of the Californìa Green BuÌlding
Standards Code.
At the times required under
applicable regulat¡ons. 2 Susta¡nability
The Project's park¡ng structures shall include
up to 1.0% (as determined by Owner), more
charg¡ng stations than otherwise required by
appl¡cable regulations.
$ Charging Stat¡onsAs built,
owner shall provide the c¡ty wlth criter¡a for
the use of public spaces within the Project
area for act¡v¡t¡es such as health fairs,
education seminars, marathons, festìvals,
special health screenings, and other healthy-
l¡ving themed events.
Prior to occupancy of the thìrd
medical office build¡ng w¡thin
the Project,
4 Public Spaces
owner shall develop a program to facilitate
short-term, below-market leases to local non-
prof¡t health care providers for up to a
cumulat¡ve total of 2,000 sf of office space.
After completion of the Project
and occupancy of all buildings
within the Project.
5Non-Profit Health Care
Provider Leases
To the extent w¡thin its control, commercially
feasible and reasonable, and consistent with
all applicable laws, Owner shall encourage the
hiring of local, women-owned, and minority-
owned firms or locêl residents, women and
minority individuals {i) for Project construction
and {i¡) bV future tenants of the Project.l
6 HiringAs âpplicable.
Developer shall use ¡ts best efforts to develop
a commercially feasible and reasonable
program for a service to transport seniors
within the City to the Project,
After the Project is complete
and fully Ieased. 7 Shuttle Access
A-55q5
EXHIBIT "D"
FEES
Development Fees shall be paid for those
Development Fees in effect on the Effective Date
at the rates in effect on the Effective Date, lf,
after the Effective Date, the City cumulatively
decreases the rate of any Development Fee by
50% or more, the Project shall be subject only to
the reduced rate,
subject to the combined
Fee Cap, Development Fees
incurred before completìon
of construction of the
second parking structure
for the Project shall be pa¡d
upon complet¡on of that
construction and the
certification by the City
that the second parking
structure ¡s available for
use. Development Fees
incurred after that date
shall be paid when due
under applicable City
regulation.
1 Development Fees
(See Section 5.11)
Under no circurnstance shall Owner be required
to pay more than Three Million Dollars
{53,000,000) toward the combined amount of
{the "combined Fee cap")r
Development Fees (including the full amount
of all Development Fees paid through the
Parking Dìstrict with respect to the Parking
Facilities); and
Adrninistrative Fees (see ltem 2 below),
Owner shall pay all Adm¡nistrêtive Fees whìch
would normally be charged for a¡l projects wìthin
the City under City regulat¡ons ¡n effect at the
time payment is due.
Development Fees {including the full amount
of all Development Fees pa¡d through the
Parking District with respect to the Parking
Fac¡litìes); and
Administrat¡ve Fees.
Subject to the Combined
Fee Cap, Administrative
Fees shall be paid at the
time those fees would
normally be pa¡d for all
projects within the City
under City regu lations in
effect when that payment
is normally due.
^ Administrative Fees z (See Section 5.1)
Under no circumstance shall Owner be required
to pay more than the Combined Fee Cap towardt
Pass-Through Fees shall be
paid at the t¡me those fees
v,rould normally be paid for
all projects within the C¡tv,
provided that no Pass-
Through Fees shall be
collected from the Project
more than thirty (30) days
before those fees are
required to be delivered to
the pass-through agencies,
3Pass-Through Fees
(See Secl¡on 5.30)
Owner shall pay all Pass-Through Fees which are
collected, but not imposed, by the City.
D-1
City Council Staff Report
DATE: DECEMBER 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: APPROVE AGREEMEN T WITH NINTH PATRIOT, LLC FOR
DEFERMENT OF UNDERGROUND ING OF TRANSMISSION
MAINLINES FOR SITE PLAN REVIEW NO. 19-001
ISSUE
Approve agreement with Ninth Patriot, LLC for the deferment of undergrounding of transmission mainlines for Site Plan Review No. 19-001.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Agreement No. A -8601 with Ninth Patriot , LLC for the deferment of undergrounding of transmission mainlines for Site Plan Review No. 19 -001 (31- Unit Multi-Family Housing Project); and,
2. Authorize the City Manager, or her designee to execute Agreement No. A-8601 with Ninth Patriot, LLC, including non-substantive changes.
BACKGROUND
Under Resolution No. PC -2020-032, the Planning Commission approved a new development to allow a multiple-family housing complex located at the southwest corner of 9 th Street East and Avenue Q -11, under Site Plan Review No. 19 -001. This development (filed by Ninth Patriot, LLC , formerly known as Patriot Construction and Development, LLC) is set to construct four three -story multiple -family residential buildings, consisting of thirty-one residential units.
DISCUSSION
As part of the required conditions for this project, the City Code requires transmission lines less than 50kV and all other utility lines, existing and proposed, to be installed underground. The developer has expressed financial hardship due to the cost of undergrounding the transmission mainlines for this project. The developer has requested a twenty-four-month deferment of undergrounding the existing transmission mainline Report to Mayor and City Council
Re: Approve Agreement No. A-8601 with Ninth Patriot, LLC for Deferment of Undergrounding of Transmission Mainlines for Site Plan Review No. 19-001.
December 6, 2023
along the project frontage after the first City of Palmdale Building Permit for any activity requiring a building permit for the project approved by Resolution No. PC-2020-032.
The request to defer the underground transmission mainline will benefit the developer by allowing construction to begin and providing additional time to secure funding to underground the mainline. A temporary connection to existing overhead transmission lines will allow for the completion and occupancy of the residential units until the lines are underground. Deferment of the undergrounding will facilitate providing new housing for the community.
FISCAL IMPACT
There is no fiscal impact associated with this action. The developer shall be solely responsible for all costs related to undergrounding improvements, including but not limited to, costs related to planning, surveys, design, permitting, plan check, installation of underground conduits and vaults, and all Southern California Edison-related costs and expenses. The developer shall provide a $1.5-million-dollar construction bond for undergrounding the transmission mainline, before commencement of construction.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
B. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley III, City Attorney
ATTACHMENTS
1. Agreement No. A-8601
2. Exhibit “A” – Description of Developer’s Property
3. Exhibit “B” - Estimated Cost for Undergrounding of Transmission Lines
4. Attachment No. 1 – Resolution No. PC-2020-032
AGREEMENT NO. A-8601
AGREEMENT FOR DEFERMENT OF UNDERGROUNDING OF
TRANSMISSION MAINLINES BETWEEN THE CITY OF PALMDALE AND
NINTH PATRIOT, LLC
This Agreement for deferment of Undergrounding Transmission Lines (“Agreement”) is entered into between the City of Palmdale, a municipal corporation (“City”) and Ninth Patriot, LLC, a California limited liability company (“Developer”) and is effective on the date it is fully executed. City and Developer are sometimes referred to herein as the “Parties”, and individually as a “Party”. In consideration of the mutual promises and benefits described herein, the Parties hereto agree as follows:
1. Intent of the Parties
This Agreement is made with respect to the following facts and purposes, which each of the Parties hereto agree are true and correct:
A. Developer is the owner of the certain real property consisting of 8 contiguous parcels located on the southwest corner of 9 th Street East and Avenue Q-11, Palmdale, California and is identified as Los Angeles County Tax Assessor’s Parcel Numbers 3009-018-009, 3009-018-010, 3009-018-011, 3009-018-012, 3009-018-013, 3009-018-014, 3009-018-015 and 3009-018-016 (“Developer’s Property”). Developer’s Property is described more particularly on Exhibit “A” attached hereto and incorporated herein by this reference.
B. Developer plans to develop a multifamily residential use on Developer’s Property, consisting of 31-units. On July 23,2020, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2020-032 approving Planning Application No. 19-001 for development of 31-unit multiple family residential development on Developer’s Property (“Project”).
C. Developer’s Property is in a subdivision where utilities have not been undergrounded and are fronted by transmission lines less than 50KV and other overhead utilities such as telephone lines and cable television lines.
D. As part of the Project, Developer was conditioned to underground all transmission lines less than 50KV and all other utility lines, existing and proposed in accordance with the City’s Underground Utilities Ordinance fronting the Project.
E. The cost for undergrounding all transmission lines has been a barrier to commencement of the project. The Developer has requested a 24-month deferment of the undergrounding requirement to facilitate the commencement of the project and its subsequent financial stabilization at which time or earlier, the Developer will incur the cost of undergrounding, regardless of any financial or other impediment.
F. Developer is requesting a 24-month deferment of the commencement of the condition to underground transmission lines under section 12.04.170 - Deferment of Undergrounding, of the City of Palmdale Municipal Code-Chapter 12 – Streets, Sidewalks and Public Places.
G. Developer is also requesting permission to temporarily connect to existing overhead transmission lines to allow for completion and occupancy of the residential units until such time as the lines are undergrounded.
H. The Deferment of the undergrounding requirement will benefit the Developer’s Property by allowing it to be developed until such time it is adequately stabilized and able to finance the undergrounding project. Deferment of the undergrounding will facilitate providing new housing for the community, 40% of which will be dedicated to occupants qualifying as very Low to Moderate under applicable income housing affordability guideline. Further, development of the Developer’s Property will increase property tax revenue and may lead to continued housing development on the remaining 2 acres contiguous to the Developer's Property.
I. Developer will be solely responsible for all costs related to the subject Undergrounding Improvements, including but not limited to, costs related to planning, surveys, design, permitting, plan check, installation of underground conduits and vaults, and all Southern California Edison related costs and expenses.
J. City and Developer desire to enter into this Agreement to facilitate development of this affordable housing Project.
Now, therefore, for valuable consideration given and accepted by the Parties, the Parties agree as follows:
A. Agreement
A. In all respects, as are set forth in Part A, the Intent of the Parties, which in its entirety, is incorporated by reference into this Agreement.
B. General Required Improvements
1. As per item number 72 of resolution No. PC-2020-032 of the City of Palmdale’s Planning Commission (attached hereto as Attachment No. 1), transmission lines less than 50KV and all other utility lines, existing and/or proposed, shall be installed underground in accordance with the City’s Underground Utilities Ordinance, as amended from time to time.
2. The Undergrounding of Transmission lines is to be divided into two categories of performance and responsibility. The installation of all underground conduits and vaults is to be performed by the Developer in a timely and first-class professional manner and the installation of the transmission lines and their subsequent connection to the grid are to be performed by the respective Utilities Company.
2. Agreement for Deferment
A. Developer shall submit to the Utilities Companies including Southern California Edison (“SCE”) in complete form and with all payments due, all applications, designs construction drawings, and required submittals for approval on or before twenty-four (24) calendar months after the first City of Palmdale Building Permit is issued, unless otherwise required by the Utility Company.
B. Developer shall install all necessary underground conduits and vaults as designed and approved by SCE (“Developer’s Portion of Electric Improvements”) on or before twenty-four (24) calendar months after the first City of Palmdale Building Permit is issued for any activity requiring a building permit for the project approved by Resolution PC-2020-032.
C. Developer shall install necessary underground conduits for non-electric transmission lines such as telephone and cable television as approved by respective agencies (“Developer’s Portion of Non-Electric Transmission Lines”) on or before twenty-four (24) calendar months after the first City of Palmdale Building Permit is issued for any activity requiring a building permit for the project approved by Resolution PC-2020-32.
D. Developer shall install streetlights as per street light plan on or before twenty-four (24) calendar months after the first City of Palmdale Building Permit is issued for any activity requiring a building permit for the project approved by Resolution PC- 2020-032.
E. Developer shall oversee and coordinate with the SCE the removal of all Edison poles fronting the Project and placement of the transmission lines underground and connection of streetlights (“SCE’s Portion of Electric Improvements”).
F. Developer shall oversee and coordinate with the appropriate utility providers for the installation of telephone and cable television lines (“Utility Providers Portion of Non- Electric Transmission Lines”).
G. Developer agrees to prepare and maintain all books, records, reports and correspondence to or from contractors, subcontractors and utility providers and other persons relating to the undergrounding of the transmission lines. Developer shall compile all such records and turn them over to the City on or before the lapse thirty (30) days after City notice to Developer.
H. City agrees to allow connection to overhead utilities during and after construction until such time as the undergrounding has been completed no later than on or before twenty-four (24) calendar months after the first City of Palmdale Building Permit is issued for any activity requiring a building permit for the project approved by Resolution PC-2020-032 unless otherwise specified in the “Exception to Default” or as agreed upon the Director.
3. Default
A. If Developer fails to submit all necessary documents to begin the SCE application process pursuant to Section 2 (including subsections ZA through and including ZH) of this Agreement, Developer shall be in default of this Agreement.
B. If construction of the Subject Undergrounding Improvements as described under this Agreement as Developer’s Portion of Electric Improvements and Developer’s Portion of Non-Electric Improvements is not completed and signed off within 24 months of the date of this Agreement, Developer shall be in default of this Agreement.
C. If the installation of streetlights as per approved plans are not completed within twenty-four (24) months of this Agreement, Developer shall be in default of this Agreement.
D. In the event of default by Developer, their successor or assignees, the City may, in City sole and absolute discretion, provide an extension to the Developer or may, without prior notice to Developer enforce the security bonds to cause all works, improvements, actions and payments to benefit City and full condition 72 of Attachment No. 1 be done.
4. Exceptions to Default
A. If Developer has performed all Improvements as described under this Agreement as Developer’s Portion of Electric Improvements and Developer’s Portion of Non- Electric Improvements, within 24 months of the date of this agreement, but SCE and/or other utilities have failed to complete their portion of the Subject Undergrounding Improvements, the Developer shall not be in default of this agreement. Further, the developer shall be permitted to continue to be supplied by overhead utilities until such time that the respective utilities have completed their portion of the Subject Undergrounding Improvements.
B. If the Developer has installed all streetlights as per plans but SCE has failed to connect the streetlights to the grid within 24 months of the date of this agreement, the Developer shall not be in default of this agreement.
5. Improvement Security – Surety Bond
A. The Estimated Construction Cost of Undergrounding of Transmission Lines as provided as “Exhibit B”, shall be approved by the City Engineer.
B. Upon approval by the City Engineer and City Attorney, Developer shall provide a performance bond or security by one or more duly authorized corporate sureties in the amount of one hundred fifty (150) percent of the City’s Estimated Construction Cost, per Exhibit B, shall be required to guarantee the construction or installation of all improvements. Performance bond or security shall be rounded up in the amount of 1.5-million-dollars, plus a ten (10) percent contingency cost.
C. The City shall authorize in writing the release of a portion or all the security in conjunction with the unconditional acceptance of satisfactory completion of Subject Undergrounding Improvements that are the purpose of this Agreement.
6. Notices
A. All notices and demands shall be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposing the United States mail, postage prepaid, certified, or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
CITY: City of Palmdale
Attention: City Manager
38300 Sierra Highway, #A
Palmdale, CA 93550
Copy to: City of Palmdale
Attention: City Attorney
38300 Sierra Highway, #A
Palmdale, CA 93550
DEVELOPER: Ninth Patriot, LLC
Attention: Robert Sarkissian
445 W. Palmdale Blvd., Suite P
Palmdale, CA 93551
7. General
A. Choice of Law. This Agreement is made under and in all respects will be interpreted, enforced, and governed by the laws of the State of California.
B. Jurisdiction. Any action by either Party shall be brought in the appropriate State of Federal court of competent jurisdiction within the County of Los Angeles, State of California, with jurisdiction over the City of Palmdale notwithstanding any other provision of law.
C. Amendment. This Agreement cannot be altered, amended or modified in any way without express written consent of each Party hereto or their authorized successor- in-interest.
D. Assignment. This Agreement shall not be assignable by either Party in whole or in part without the prior written consent of the other Party, which written consent shall not be unreasonably withheld. The assigning Party shall provide to the other Party thirty (30) business days' advanced notice of any such proposed assignment.
E. Binding on Successors. Except as further provided in this Section, this Agreement shall be binding on and insure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, assigns, executors, and administrators.
F. Entire Agreement. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the undergrounding of transmission lines are merged into this Agreement and shall be of no further force or effect for the land use entitlements and agreements pertaining to the Developer’s property.
G. Developer Not Agent of City. Neither Developer nor any of Developer’s agents or contractors are or shall be considered to the agents of the City in connection with the performance of the Developer’s obligations under this Agreement.
H. Legal Responsibilities. Developer shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement.
Developer at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Developer to comply with this Subparagraph.
I. Time of the Essance. Time is of the essence as to all performance due under of this Agreement.
J. Interpretation and Construction. Each Party has reviewed this Agreement and each has had the opportunity to have its respective counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not apply in the interpretation of this Agreement or Exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subparagraphs of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
K. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.
L. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Developer and City each warrant and represents that he or she has the authority to execute this Agreement on behalf of Developer or City, as applicable, and has the authority to bind Developer or City, as applicable, to the performance of its obligations hereunder.
M. Counterpart. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
N. Attachments. The following are attached to this Agreement, and each is incorporated into this Agreement as though set forth in full:
Attachment No. 1 – Resolution No. 2020-032 of the City of Palmdale Planning Commission.
“Exhibit A” – Description of Developer’s Property
“Exhibit B” – Estimated Cost for Undergrounding of Transmission Lines IN WITNESS WHEREOF , this agreement has been executed as of the date set forth below:
Dated: ________________________
Ninth Patriot, LLC, a Limited Liability Corporation
BY: ______________________________
Robert Sarkissian, President
City of Palmdale
________________________________
Laura Bettencourt, Mayor
Approved as to form:
ATTEST:
______________________________ ________________________________ William P. Curley, III Roxanne Faber, Acting City Clerk City Attorney
“Exhibit A”
Description of Developer’s Property
LEGAL DESCRIPTION AFTER LOT MERGER:
LOTS 12, 13, 14, 15, 16, 17, 18, AND 19, IN BLOCK 2. OF TRACT NO. 2576, IN THE
CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 25 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APNs # 3009-018-009, 3009-018-010, 3009-018-011, 3009-018-012, 3009-018-013, 3009-018-014, 3009-018-015, and 3009-018-016 Project: 9th St. E. at E. Q-11
Location: City of Palmdale
Component: Conversion at Site, Prevailing Wages
Preliminary Dry Utility Cost Estimate
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
ELECTRIC ADVANCEMENTS / REFUNDS / FEES QUANTITY UNIT PRICE TOTALS REFUNDS 1 DISTRIBUTION FOOTAGE ADVANCEMENT 0 L.FT. $26.50 $0
2 REFUNDABLE CIAC TAXES 0 % 0.24 0
3 SWITCHES AND/OR TRANSFORMERS/CABLE 1 LS. 0 0
4 REFUNDABLE CIAC TAXES 0 % 0.24 0
5 LOOPED SYSTEM - PARALLEL CABLE 0 EA. 13 0
6 STRUCTURE CREDITS 0 LS. 1,740 0
0 7 NON-REFUNDABLE CIAC TAXES 13,671 L.FT. 0.00 0
8 3/4 OF 1% OWNERSHIP FEES @ 13TH MONTH PLUS 1 LS. 0 0
9 PEDESTAL SERVICES 1 EA. 2,150 2,150
10 REAL ESTATE FEES (Per Each Tract-Estimated) 1 EA. 550 550 11 RELOCATIONS / REMOVALS 1 LS. 33,000 33,000
12 CONVERSIONS (960') 1 LS. 237,000 237,000
TOTAL ELECTRIC ADVANCEMENT $272,700
13 POTENTIAL REFUNDS (DISCOUNT OPTION) 1 LS. 0 0 $0
NET ELECTRIC FEES $272,700
STREET LIGHT EXPENSES / ENERGY FEES QUANTITY UNIT PRICE TOTALS 1 STREETLIGHTS - Cobra. (Utility Owned & Maint.) 0 EA. $3,100 $0 2 STREETLIGHT TAXES 0 % 0.24 0
3 ADVANCED ENERGY FEES (Single Payment) 0 EA. 385 0
4 STREETLIGHTS (Private) 5 EA. 8,000 40,000
NET STREETLIGHT EXPENSES $40,000
TELEPHONE ADVANCEMENTS / REIMB. / FEES QUANTITY UNIT PRICE TOTALS REFUNDS 1 REAL ESTATE CHARGES 0 EA. $270 $0
2 MPOE / PRIVATE SYSTEM 1 LS. 0 0
3 RELOCATION / CONVERSION (560') 1 LS. 75,600 75,600
TOTAL TELEPHONE ADVANCEMENT $75,600
4 POTENTIAL REAL ESTATE REFUNDS 1 LS. 0 $0
5 JOINT / SOLE TRENCH REIMBURSEMENTS 0 L.FT. 0.00 $0
6 POTENTIAL STRUCTURE REIMBURSEMENTS 0 LS. 0 $0
NET TELEPHONE FEES $75,600
CABLE TELEVISION ADVANCEMENTS / FEES QUANTITY UNIT PRICE TOTALS 1 INSTALLATION FEE 0 EA. $225 $0
2 RELOCATION / CONVERSION (1,200') 1 LS. 36,400 36,400
NET CABLE TELEVISION FEES $36,400
GAS ADVANCEMENTS / FEES QUANTITY UNIT PRICE TOTALS REFUNDS 1 DISTRIBUTION FOOTAGE ADVANCEMENT 0 L.FT. $28.00 $0
2 DISTRIBUTION JT CREDIT 0 L.FT. 1 0
3 DISTRIBUTION FOOTAGE ADVANCEMENT TAXES 0 % 0.24 0
4 SERVICE/STUB ADVANCEMENT (W/CIAC) 0 EA. 250 0
5 GAS METER / REGULATOR ADVANCEMENT 0 EA. 200 0
6 APPLICANT DESIGN CREDIT 0 EA. 11 0
0 7 EXCESS SERVICE FOOTAGE FEE 0 L.FT. 5.50 0
8 RELOCATIONS 1 LS. 0 0
TOTAL GAS ADVANCEMENTS $0
9 POTENTIAL REFUNDS 0 EA. 780 0 $0
NET GAS FEES $0 Page: 1 of 4
"EXHIBIT B" - Estimated Cost for Undergrounding Transmission Lines (PT 1) Project: 9th St. E. at E. Q-11
Location: City of Palmdale
Component: Conversion at Site, Prevailing Wages
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
MAINLINE - CONTRACTOR EXPENSES QUANTITY UNIT PRICE TOTAL CIAC 1 TRENCH JOINT - ELEC/TELE/CATV/GAS/TECH 0 L.FT. $21.50 $0 $0 2 TRENCH JOINT - ELEC/TELE/CATV 1,060 L.FT. 17.50 18,550 2,279 3 TRENCH JOINT - ELEC/GAS 0 L.FT. 17.50 0
4 TRENCH JOINT - TELE/CATV 110 L.FT. 17.50 1,925
5 TRENCH SOLE - ELECTRIC 240 L.FT. 17.50 4,200 516
6 TRENCH SOLE - ELECTRIC (Pvt. StLt) 1,140 L.FT. 17.50 19,950 7 TRENCH SOLE - TELEPHONE 20 L.FT. 17.50 350
8 TRENCH SOLE - CATV 0 L.FT. 17.50 0
9 TRENCH SOLE - TECH 0 L.FT. 17.50 0
10 TRENCH SOLE - GAS 0 L.FT. 17.50 0
11 3" SAND BASE 2,570 L.FT. 3.40 8,738 540
12 12" SAND SHADE OVER ELECTRIC 2,440 L.FT. 5.80 14,152 512 13 12" SAND SHADE OVER TELE / CATV / TECH 1,190 L.FT. 5.80 6,902 14 12" SAND SHADE OVER GAS 0 L.FT. 5.80 0
15 18" SAND SHADE OVER GAS (RSM Only) 0 L.FT. 11.00 0
16 ENCASEMENT ELECTRIC 620 L.FT. 39.00 24,180 130
17 ENCASEMENT TELEPHONE 0 L.FT. 34.00 0
18a 1-1.5" ELECTRIC CONDUIT (Pvt. StLt) 80 L.FT. 4.80 384 18b 1-2" ELECTRIC CONDUIT (Pvt. StLt) 1,140 L.FT. 5.60 6,384 19 1-3" ELECTRIC CONDUIT 400 L.FT. 14.00 5,600 780
20 1-4" ELECTRIC CONDUIT 0 L.FT. 17.00 0 0
21 1-5" ELECTRIC CONDUIT 2,300 L.FT. 22.00 50,600 4,485 22 1-2" TELEPHONE CONDUIT 0 L.FT. 5.60 0
23 1-4" TELEPHONE CONDUIT 1,240 L.FT. 17.00 21,080
24 1-2" DB CATV 0 L.FT. 5.60 0
25 1-3" DB CATV 1,760 L.FT. 14.00 24,640
26 LABOR TO INSTALL CATV CONDUIT 0 L.FT. 9.00 0
27 1-2" TECH CONDUIT 0 L.FT. 5.60 0
28 1-4" TECH CONDUIT 0 L.FT. 17.00 0
29 ELEC. 10.5 x 17 x 12 S/L HAND HOLE 6 EA. 540 3,240 462 30 ELEC. 17 x 30 x 24 HAND HOLE (C) 1 EA. 700 700 113
31 ELEC. 17 x 30 x 15 HAND HOLE (C) 0 EA. 580 0 0
32 ELEC. 2 x 3 x 3 PULL BOX (C) 0 EA. 3,800 0 0
33 ELEC. 2.5 x 4 x 3.5 PULL BOX (C) 0 EA. 9,000 0 0
34 ELEC. 3 x 5 x 4 PULL BOX (C) 1 EA. 7,000 7,000 696
35 ELEC. 48 x 54 TRANSFORMER PAD W/17"X30"INV 1 EA. 1,800 1,800 260 36 ELEC. 5' x 10.5' MH 1 EA. 15,000 15,000 1,405
37 ELEC. 7' X 14' X 11' VAULT/SWITCH 1 EA. 40,000 40,000 1,460 38 RETAINING WALLS - PAD LOCATIONS 0 EA. 3,500 0
39 TEMP. BARR. - ELEC. TRANSFORMER LOCATIONS 2 EA. 450 900 40 TEMP. BARR. - ELEC. HAND HOLE LOCATIONS 2 EA. 350 700 41 EXC., PREP., PROV. - ELEC. PME-4 PAD 0 EA. 4,500 0 0 42 PREP ST LT LOCATIONS 5 EA. 1,200 6,000 32
43 TELE. 2 x 3 HAND HOLE 0 EA. 1,700 0
44 TELE. 3 X 5 PULL BOX 2 EA. 6,500 13,000
45 TELE. 5 X 8.5 X 7 MH 0 EA. 13,500 0
46 CATV 2' x 3' HAND HOLE 6 EA. 1,750 10,500
47 TECH 2 x 3 HAND HOLE 0 EA. 1,750 0
48 MOVE-INS - CONTRACTOR PHASING 2 EA. 1,200 2,400
49 ASPHALT CUT & REPAIR W/ SLURRY 390 L.FT. 165 64,350
50 ROCK CONTINGENCY (25% @ 1 FOOT) 0 L.FT. 9.00 0 0
51 SERVICES - SINGLE (Inclusive w/Sand & Conduit) (Ped.) 1 EA. 950 950 52A SERVICES - MULTI (E, T, C) 0 EA. 3,400 0
52B SERVICES - MULTI (G) 0 EA. 950 0
53 MISCELLANEOUS (Traffic Control, Plating, Permits) 1 LS. 35,000 35,000 UTILITY MAINLINE CIAC TAXES $13,671
NET - MAINLINE CONTRACTOR EXPENSES $409,175 Page: 2 of 4 Project: 9th St. E. at E. Q-11
Location: City of Palmdale
Component: Conversion at Site, Prevailing Wages
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
STREET CROSSING - CONTRACTOR EXPENSES QUANTITY UNIT PRICE TOTAL CIAC 1 TRENCH JOINT MAINLINE - ELEC/TELE/CATV/GAS/TECH 0 L.FT. $21.00 $0 $0 2 TRENCH JOINT MAINLINE - ELEC/TELE/CATV 0 L.FT. 17.00 0 0 3 TRENCH JOINT SERVICE - ELEC/TELE/CATV/GAS/TECH 0 L.FT. 21.00 0 0 4 TRENCH JOINT SERVICE - ELEC/TELE/CATV 0 L.FT. 17.00 0 0 5 TRENCH SOLE - ELECTRIC 0 L.FT. 17.00 0 0
6 TRENCH SOLE - ELECTRIC (Pvt. StLt) 0 L.FT. 17.00 0
7 TRENCH SOLE - TELEPHONE 0 L.FT. 17.00 0
8 TRENCH SOLE - CATV 0 L.FT. 17.00 0
9 TRENCH SOLE - GAS 0 L.FT. 17.00 0
10 TRENCH IRRIGATION 0 L.FT. 17.00 0
11 3" SAND BASE (Includes Irrig.) 0 L.FT. 3.40 0
12 12" SAND SHADE OVER ELECTRIC (Includes Irrig.) 0 L.FT. 5.80 0 13 12" SAND SHADE OVER TELE / CATV / TECH 0 L.FT. 5.80 0 14 12" SAND SHADE OVER GAS 0 L.FT. 5.80 0
15 18" SAND SHADE OVER GAS (RSM Only) 0 L.FT. 11.00 0
16 ENCASEMENT ELECTRIC 0 L.FT. 39.00 0
17 ENCASEMENT TELEPHONE 0 L.FT. 34.00 0
18 SLURRY ENCASE COMPLETE CROSSING 0 L.FT. 15.00
19a 1-1.5" ELECTRIC CONDUIT SLEEVE (Pvt. StLt) 0 L.FT. 4.50 0 19b 1-3" ELECTRIC CONDUIT SLEEVE (Pvt. StLt) 0 L.FT. 14.00 0 20 1-3" ELECTRIC CONDUIT 0 L.FT. 14.00 0 0
21 1-4" ELECTRIC CONDUIT 0 L.FT. 17.00 0 0
22 1-5" ELECTRIC CONDUIT SLEEVE 0 L.FT. 22.00 0
23 1-2" TELEPHONE CONDUIT SLEEVE 0 L.FT. 5.60 0
24 1-4" TELEPHONE CONDUIT SLEEVE 0 L.FT. 17.00 0
25 1-2" DB CATV CONDUIT 0 L.FT. 5.60 0
26 1-3" DB CATV CONDUIT 0 L.FT. 14.00 0
27 CATV - LABOR TO INSTALL ONLY 0 L.FT. 9.00 0
28 1-2" TECH CONDUIT SLEEVE 0 L.FT. 5.60 0
29 1-4" TECH CONDUIT SLEEVE 0 L.FT. 17.00 0
30 1-2" GAS CONDUIT SLEEVE 0 EA. 8.50 0
31 1-4" GAS CONDUIT SLEEVE 0 EA. 14.00 0
32 1-6" GAS CONDUIT SLEEVE 0 EA. 31.00 0
33 1-2" IRRIGATION CONDUIT SLEEVE 0 EA. 5.60 0
34 1-3" IRRIGATION CONDUIT SLEEVE 0 EA. 14.00 0
35 1-4" IRRIGATION CONDUIT SLEEVE 0 EA. 14.00 0
36 1-6" IRRIGATION CONDUIT SLEEVE 0 EA. 22.00 0
37 COMPLICATED CROSSING 1 LS. 0 0
UTILITY STREET CROSSING CIAC TAXES $0
NET - ST. CROSSING CONTRACTOR EXPENSES $0
TELEPHONE STRUCTURE REIMBURSEMENTS QUANTITY UNIT VALUE TOTAL 1 1-2" TELEPHONE CONDUIT 0 L.FT 0.00 0
2 1-4" TELEPHONE CONDUIT 1,240 L.FT 0.00 0
3 TELE. 2 x 3 HAND HOLE 0 EA. 230 0
4 TELE. 3 X 5 PULL BOX 2 EA. 0 0
5 TELE. 5 X 8.5 X 7 MH 0 EA. 0 0
NET - TELE. STRUCTURE REIMBURSEMENTS $0 Page: 3 of 4
Project: 9th St. E. at E. Q-11
Location: City of Palmdale
Component: Conversion at Site, Prevailing Wages
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
SUMMARY - DRY UTILITY EXPENSES SITE SERVICES OTHER TOTALS A ELECTRIC - PAYMENT $0 $0 $0 $0
B ELECTRIC - NON-REFUNDABLE CIAC TAXES 0 0 0 0
C ELECTRIC - NON-REFUNDABLE FEES 550 0 0 550
D ELECTRIC - RELOCATIONS / CONVERSION 270,000 0 0 270,000 E ELECTRIC - SERVICE FEES 2,150 0 0 2,150
F ELECTRIC - STREETLIGHTS (PUBLIC) 0 0 0 0
G ELECTRIC - STREETLIGHTS (PRIVATE) 40,000 0 0 40,000
H ELECTRIC - STREETLIGHTS, ENERGY FEES 0 0 0 0
I TELEPHONE - REAL ESTATE ADVANCEMENT 0 0 0 0
J TELEPHONE - NON-REFUNDABLE FEES 0 0 0 0
K TELEPHONE - RELOCATIONS / REMOVALS 75,600 0 0 75,600
L CABLE TELEVISION - NON-REFUNDABLE FEES 0 0 0 0
M CABLE TELEVISION - RELOCATIONS / REMOVALS 36,400 0 0 36,400 N GAS - MAIN ADVANCEMENT 0 0 0 0
O GAS - SERVICE/STUB ADVANCEMENT 0 0 0 0
P GAS - NON-REFUNDABLE FEES 0 0 0 0
Q GAS - RELOCATION / REMOVALS 0 0 0 0
R CONTRACTOR - MAINLINE EXPENSES 408,225 950 0 409,175
S CONTRACTOR - STREET CROSSING EXPENSES 0 0 0 0
TOTAL ESTIMATED EXPENSES $832,925 $950 $0 $833,875
DRY UTILITY REFUNDS / REIMBURSEMENTS
A ELECTRIC - REFUNDABLE ADVANCEMENT $0 $0 $0 $0
B TELEPHONE - REAL ESTATE ADVANCEMENT 0 0 0 0
C TELEPHONE - JOINT/SOLE TRENCH REIMBURSEMENT 0 0 0 0
D TELEPHONE - STRUCTURE REIMBURSEMENT 0 0 0 0
E GAS - REFUNDABLE MAIN/SERVICE ADVANCEMENT 0 0 0 0
TOTAL REFUNDS / REIMBURSEMENTS $0 $0 $0 $0
TOTALS - GROSS & NET PER UNIT
A GRAND TOTAL EXPENSES $832,925 $950 $0 $833,875
B GRAND TOTAL REFUNDS 0 0 0 0
NET TOTAL $832,925 $950 $0 $833,875
TOTAL UNITS 1
GROSS COST per unit $832,925 $950 $0 $833,875
NET COST per unit $832,925 $950 $0 $833,875
Page: 4 of 4
SUMMARY
Project: E. Q-12
Location: City of Palmdale
Component: Conversion on E Q-12, Prevailing Wages
Preliminary Dry Utility Cost Estimate
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
ELECTRIC ADVANCEMENTS / REFUNDS / FEES QUANTITY UNIT PRICE TOTALS REFUNDS 1 DISTRIBUTION FOOTAGE ADVANCEMENT 0 L.FT. $26.50 $0
2 REFUNDABLE CIAC TAXES 0 % 0.24 0
3 SWITCHES AND/OR TRANSFORMERS/CABLE 1 LS. 0 0
4 REFUNDABLE CIAC TAXES 0 % 0.24 0
5 LOOPED SYSTEM - PARALLEL CABLE 0 EA. 13 0
6 STRUCTURE CREDITS 0 LS. 1,220 0
0 7 NON-REFUNDABLE CIAC TAXES 1,864 L.FT. 0.00 0
8 3/4 OF 1% OWNERSHIP FEES @ 13TH MONTH PLUS 1 LS. 0 0
9 PEDESTAL SERVICES 1 EA. 2,150 2,150
10 REAL ESTATE FEES (Per Each Tract-Estimated) 1 EA. 550 550 11 RELOCATIONS / REMOVALS 1 LS. 13,800 13,800
12 CONVERSIONS (130') 1 LS. 36,500 36,500
TOTAL ELECTRIC ADVANCEMENT $53,000
13 POTENTIAL REFUNDS (DISCOUNT OPTION) 1 LS. 0 0 $0
NET ELECTRIC FEES $53,000
STREET LIGHT EXPENSES / ENERGY FEES QUANTITY UNIT PRICE TOTALS 1 STREETLIGHTS - Cobra. (Utility Owned & Maint.) 0 EA. $3,100 $0 2 STREETLIGHT TAXES 0 % 0.24 0
3 ADVANCED ENERGY FEES (Single Payment) 0 EA. 385 0
4 STREETLIGHTS (Private) 2 EA. 8,000 16,000
NET STREETLIGHT EXPENSES $16,000
TELEPHONE ADVANCEMENTS / REIMB. / FEES QUANTITY UNIT PRICE TOTALS REFUNDS 1 REAL ESTATE CHARGES 0 EA. $270 $0
2 MPOE / PRIVATE SYSTEM 1 LS. 0 0
3 RELOCATION / CONVERSION (130') 1 LS. 16,800 16,800
TOTAL TELEPHONE ADVANCEMENT $16,800
4 POTENTIAL REAL ESTATE REFUNDS 1 LS. 0 $0
5 JOINT / SOLE TRENCH REIMBURSEMENTS 0 L.FT. 0.00 $0
6 POTENTIAL STRUCTURE REIMBURSEMENTS 0 LS. 0 $0
NET TELEPHONE FEES $16,800
CABLE TELEVISION ADVANCEMENTS / FEES QUANTITY UNIT PRICE TOTALS 1 INSTALLATION FEE 0 EA. $225 $0
2 RELOCATION / CONVERSION (130') 1 LS. 4,000 4,000
NET CABLE TELEVISION FEES $4,000
GAS ADVANCEMENTS / FEES QUANTITY UNIT PRICE TOTALS REFUNDS 1 DISTRIBUTION FOOTAGE ADVANCEMENT 0 L.FT. $28.00 $0
2 DISTRIBUTION JT CREDIT 0 L.FT. 1 0
3 DISTRIBUTION FOOTAGE ADVANCEMENT TAXES 0 % 0.24 0
4 SERVICE/STUB ADVANCEMENT (W/CIAC) 0 EA. 250 0
5 GAS METER / REGULATOR ADVANCEMENT 0 EA. 200 0
6 APPLICANT DESIGN CREDIT 0 EA. 11 0
0 7 EXCESS SERVICE FOOTAGE FEE 0 L.FT. 5.50 0
8 RELOCATIONS 1 LS. 0 0
TOTAL GAS ADVANCEMENTS $0
9 POTENTIAL REFUNDS 0 EA. 780 0 $0
NET GAS FEES $0 Page: 1 of 4
"EXHIBIT B" - Estimated Cost for Undergrounding Transmission Lines (PT 2) Project: E. Q-12
Location: City of Palmdale
Component: Conversion on E Q-12, Prevailing Wages
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
MAINLINE - CONTRACTOR EXPENSES QUANTITY UNIT PRICE TOTAL CIAC 1 TRENCH JOINT - ELEC/TELE/CATV/GAS/TECH 0 L.FT. $21.50 $0 $0 2 TRENCH JOINT - ELEC/TELE/CATV 130 L.FT. 17.50 2,275 280 3 TRENCH JOINT - ELEC/GAS 0 L.FT. 17.50 0
4 TRENCH JOINT - TELE/CATV 0 L.FT. 17.50 0
5 TRENCH SOLE - ELECTRIC 0 L.FT. 17.50 0 0
6 TRENCH SOLE - ELECTRIC (Pvt. StLt) 130 L.FT. 17.50 2,275 7 TRENCH SOLE - TELEPHONE 0 L.FT. 17.50 0
8 TRENCH SOLE - CATV 0 L.FT. 17.50 0
9 TRENCH SOLE - TECH 0 L.FT. 17.50 0
10 TRENCH SOLE - GAS 0 L.FT. 17.50 0
11 3" SAND BASE 260 L.FT. 3.40 884 55
12 12" SAND SHADE OVER ELECTRIC 260 L.FT. 5.80 1,508 55 13 12" SAND SHADE OVER TELE / CATV / TECH 130 L.FT. 5.80 754 14 12" SAND SHADE OVER GAS 0 L.FT. 5.80 0
15 18" SAND SHADE OVER GAS (RSM Only) 0 L.FT. 11.00 0
16 ENCASEMENT ELECTRIC 130 L.FT. 39.00 5,070 27
17 ENCASEMENT TELEPHONE 0 L.FT. 34.00 0
18a 1-1.5" ELECTRIC CONDUIT (Pvt. StLt) 30 L.FT. 4.80 144 18b 1-2" ELECTRIC CONDUIT (Pvt. StLt) 130 L.FT. 5.60 728 19 1-3" ELECTRIC CONDUIT 0 L.FT. 14.00 0 0
20 1-4" ELECTRIC CONDUIT 0 L.FT. 17.00 0 0
21 1-5" ELECTRIC CONDUIT 300 L.FT. 22.00 6,600 585
22 1-2" TELEPHONE CONDUIT 0 L.FT. 5.60 0
23 1-4" TELEPHONE CONDUIT 280 L.FT. 17.00 4,760
24 1-2" DB CATV 0 L.FT. 5.60 0
25 1-3" DB CATV 280 L.FT. 14.00 3,920
26 LABOR TO INSTALL CATV CONDUIT 0 L.FT. 9.00 0
27 1-2" TECH CONDUIT 0 L.FT. 5.60 0
28 1-4" TECH CONDUIT 0 L.FT. 17.00 0
29 ELEC. 10.5 x 17 x 12 S/L HAND HOLE 2 EA. 540 1,080 154 30 ELEC. 17 x 30 x 24 HAND HOLE (C) 0 EA. 700 0 0
31 ELEC. 17 x 30 x 15 HAND HOLE (C) 0 EA. 580 0 0
32 ELEC. 2 x 3 x 3 PULL BOX (C) 0 EA. 3,800 0 0
33 ELEC. 2.5 x 4 x 3.5 PULL BOX (C) 0 EA. 9,000 0 0
34 ELEC. 3 x 5 x 4 PULL BOX (C) 1 EA. 7,000 7,000 696
35 ELEC. 48 x 54 TRANSFORMER PAD W/17"X30"INV 0 EA. 1,800 0 0 36 ELEC. 5' x 10.5' MH 0 EA. 15,000 0 0
37 ELEC. 7' X 14' X 11' VAULT/SWITCH 0 EA. 40,000 0 0
38 RETAINING WALLS - PAD LOCATIONS 0 EA. 3,500 0
39 TEMP. BARR. - ELEC. TRANSFORMER LOCATIONS 0 EA. 450 0 40 TEMP. BARR. - ELEC. HAND HOLE LOCATIONS 1 EA. 350 350 41 EXC., PREP., PROV. - ELEC. PME-4 PAD 0 EA. 4,500 0 0 42 PREP ST LT LOCATIONS 2 EA. 1,200 2,400 13
43 TELE. 2 x 3 HAND HOLE 0 EA. 1,700 0
44 TELE. 3 X 5 PULL BOX 1 EA. 6,500 6,500
45 TELE. 5 X 8.5 X 7 MH 0 EA. 13,500 0
46 CATV 2' x 3' HAND HOLE 1 EA. 1,750 1,750
47 TECH 2 x 3 HAND HOLE 0 EA. 1,750 0
48 MOVE-INS - CONTRACTOR PHASING 1 EA. 1,200 1,200
49 ASPHALT CUT & REPAIR W/ SLURRY 0 L.FT. 165 0
50 ROCK CONTINGENCY (25% @ 1 FOOT) 0 L.FT. 9.00 0 0
51 SERVICES - SINGLE (Inclusive w/Sand & Conduit) (Ped.) 0 EA. 950 0 52A SERVICES - MULTI (E, T, C) 0 EA. 3,400 0
52B SERVICES - MULTI (G) 0 EA. 950 0
53 MISCELLANEOUS (Traffic Control, Plating, Permits) 1 LS. 23,500 23,500 UTILITY MAINLINE CIAC TAXES $1,864
NET - MAINLINE CONTRACTOR EXPENSES $72,698 Page: 2 of 4 Project: E. Q-12
Location: City of Palmdale
Component: Conversion on E Q-12, Prevailing Wages
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
STREET CROSSING - CONTRACTOR EXPENSES QUANTITY UNIT PRICE TOTAL CIAC 1 TRENCH JOINT MAINLINE - ELEC/TELE/CATV/GAS/TECH 0 L.FT. $21.00 $0 $0 2 TRENCH JOINT MAINLINE - ELEC/TELE/CATV 0 L.FT. 17.00 0 0 3 TRENCH JOINT SERVICE - ELEC/TELE/CATV/GAS/TECH 0 L.FT. 21.00 0 0 4 TRENCH JOINT SERVICE - ELEC/TELE/CATV 0 L.FT. 17.00 0 0 5 TRENCH SOLE - ELECTRIC 0 L.FT. 17.00 0 0
6 TRENCH SOLE - ELECTRIC (Pvt. StLt) 0 L.FT. 17.00 0
7 TRENCH SOLE - TELEPHONE 0 L.FT. 17.00 0
8 TRENCH SOLE - CATV 0 L.FT. 17.00 0
9 TRENCH SOLE - GAS 0 L.FT. 17.00 0
10 TRENCH IRRIGATION 0 L.FT. 17.00 0
11 3" SAND BASE (Includes Irrig.) 0 L.FT. 3.40 0
12 12" SAND SHADE OVER ELECTRIC (Includes Irrig.) 0 L.FT. 5.80 0 13 12" SAND SHADE OVER TELE / CATV / TECH 0 L.FT. 5.80 0 14 12" SAND SHADE OVER GAS 0 L.FT. 5.80 0
15 18" SAND SHADE OVER GAS (RSM Only) 0 L.FT. 11.00 0
16 ENCASEMENT ELECTRIC 0 L.FT. 39.00 0
17 ENCASEMENT TELEPHONE 0 L.FT. 34.00 0
18 SLURRY ENCASE COMPLETE CROSSING 0 L.FT. 15.00
19a 1-1.5" ELECTRIC CONDUIT SLEEVE (Pvt. StLt) 0 L.FT. 4.50 0 19b 1-3" ELECTRIC CONDUIT SLEEVE (Pvt. StLt) 0 L.FT. 14.00 0 20 1-3" ELECTRIC CONDUIT 0 L.FT. 14.00 0 0
21 1-4" ELECTRIC CONDUIT 0 L.FT. 17.00 0 0
22 1-5" ELECTRIC CONDUIT SLEEVE 0 L.FT. 22.00 0
23 1-2" TELEPHONE CONDUIT SLEEVE 0 L.FT. 5.60 0
24 1-4" TELEPHONE CONDUIT SLEEVE 0 L.FT. 17.00 0
25 1-2" DB CATV CONDUIT 0 L.FT. 5.60 0
26 1-3" DB CATV CONDUIT 0 L.FT. 14.00 0
27 CATV - LABOR TO INSTALL ONLY 0 L.FT. 9.00 0
28 1-2" TECH CONDUIT SLEEVE 0 L.FT. 5.60 0
29 1-4" TECH CONDUIT SLEEVE 0 L.FT. 17.00 0
30 1-2" GAS CONDUIT SLEEVE 0 EA. 8.50 0
31 1-4" GAS CONDUIT SLEEVE 0 EA. 17.00 0
32 1-6" GAS CONDUIT SLEEVE 0 EA. 31.00 0
33 1-2" IRRIGATION CONDUIT SLEEVE 0 EA. 5.60 0
34 1-3" IRRIGATION CONDUIT SLEEVE 0 EA. 14.00 0
35 1-4" IRRIGATION CONDUIT SLEEVE 0 EA. 14.00 0
36 1-6" IRRIGATION CONDUIT SLEEVE 0 EA. 22.00 0
37 COMPLICATED CROSSING 1 LS. 0 0
UTILITY STREET CROSSING CIAC TAXES $0
NET - ST. CROSSING CONTRACTOR EXPENSES $0
TELEPHONE STRUCTURE REIMBURSEMENTS QUANTITY UNIT VALUE TOTAL 1 1-2" TELEPHONE CONDUIT 0 L.FT 0.00 0
2 1-4" TELEPHONE CONDUIT 280 L.FT 0.00 0
3 TELE. 2 x 3 HAND HOLE 0 EA. 230 0
4 TELE. 3 X 5 PULL BOX 1 EA. 0 0
5 TELE. 5 X 8.5 X 7 MH 0 EA. 0 0
NET - TELE. STRUCTURE REIMBURSEMENTS $0 Page: 3 of 4
Project: E. Q-12
Location: City of Palmdale
Component: Conversion on E Q-12, Prevailing Wages
Client: City of Palmdale
Date: 11.10.21
Rev.: 01
SUMMARY - DRY UTILITY EXPENSES SITE SERVICES OTHER TOTALS A ELECTRIC - PAYMENT $0 $0 $0 $0
B ELECTRIC - NON-REFUNDABLE CIAC TAXES 0 0 0 0
C ELECTRIC - NON-REFUNDABLE FEES 550 0 0 550
D ELECTRIC - RELOCATIONS / CONVERSION 50,300 0 0 50,300 E ELECTRIC - SERVICE FEES 2,150 0 0 2,150
F ELECTRIC - STREETLIGHTS (PUBLIC) 0 0 0 0
G ELECTRIC - STREETLIGHTS (PRIVATE) 16,000 0 0 16,000
H ELECTRIC - STREETLIGHTS, ENERGY FEES 0 0 0 0
I TELEPHONE - REAL ESTATE ADVANCEMENT 0 0 0 0
J TELEPHONE - NON-REFUNDABLE FEES 0 0 0 0
K TELEPHONE - RELOCATIONS / REMOVALS 16,800 0 0 16,800
L CABLE TELEVISION - NON-REFUNDABLE FEES 0 0 0 0
M CABLE TELEVISION - RELOCATIONS / REMOVALS 4,000 0 0 4,000 N GAS - MAIN ADVANCEMENT 0 0 0 0
O GAS - SERVICE/STUB ADVANCEMENT 0 0 0 0
P GAS - NON-REFUNDABLE FEES 0 0 0 0
Q GAS - RELOCATION / REMOVALS 0 0 0 0
R CONTRACTOR - MAINLINE EXPENSES 72,698 0 0 72,698
S CONTRACTOR - STREET CROSSING EXPENSES 0 0 0 0
TOTAL ESTIMATED EXPENSES $162,498 $0 $0 $162,498
DRY UTILITY REFUNDS / REIMBURSEMENTS
A ELECTRIC - REFUNDABLE ADVANCEMENT $0 $0 $0 $0
B TELEPHONE - REAL ESTATE ADVANCEMENT 0 0 0 0
C TELEPHONE - JOINT/SOLE TRENCH REIMBURSEMENT 0 0 0 0
D TELEPHONE - STRUCTURE REIMBURSEMENT 0 0 0 0
E GAS - REFUNDABLE MAIN/SERVICE ADVANCEMENT 0 0 0 0
TOTAL REFUNDS / REIMBURSEMENTS $0 $0 $0 $0
TOTALS - GROSS & NET PER UNIT
A GRAND TOTAL EXPENSES $162,498 $0 $0 $162,498
B GRAND TOTAL REFUNDS 0 0 0 0
NET TOTAL $162,498 $0 $0 $162,498
TOTAL UNITS 1
GROSS COST per unit $162,498 $0 $0 $162,498
NET COST per unit $162,498 $0 $0 $162,498
Page: 4 of 4
SUMMARY
CITY OF PALMDALE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. PC-2020-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALMDALE, CALIFORNIA RECOMMENDING CITY COUNCIL
APPROVAL OF DENSIïY BONUS AGREEMENT 19-002 (A-6989) AND APPROVING SITE PLAN REVIEW 19-00'1; A PROPOSAL TO CONSTRUCT A 31-UNIT AFFORDABLE HOUSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF AVENUE Q.11 AND gTH STREET EAST
A. RECITALS
Patriot Construction and Development, LLC, has filed applications requesting approval of a Density Bonus Agreement (DBA) and Site Plan Review (SPR) described herein (hereinafter referred to as "Application").
The Application applies to approximately one acre, referred to on the County Assessor's roles as APN's 3009-018-009, 3009-018-010, 3009-01 8-01 1 , 3009-01 8-012, 3009-01 8-01 3, 3009 01 8-014, 3009-01 8-01 5 and 3009-018-0'16, legally described on EXHIBIT I hereto and shown on the map attached hereto as EXHIBIT ll.
On July 9,2020, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.
4. All legal prerequisites to the adoption of this Resolution have occurred B. RESOLUTION
NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission, as follows:
2 2
1That all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct.
Based upon substantial evidence presented to this Commission during the public hearing held on July 9, 2020, including public testimony, and written and oral staff reports, this Commisslon specifically finds as follows:
(a) The design and layout of the proposed development is consistent with the maps and policies of the General Plan design and the development standards set forth in the Palmdale Municipal Code (PMC), as outlined within TABLES 3 and 4 of the staff report dated July 9,2020. The project site has a General Plan land use 2 RESOLUTTON NO. PC-2020-032
designation of MHDR (Medium-High Density Residential, 30 to 50 dwelling units per acre) and is within the R-4-30 (High Density Residential) zone. Density Bonus Law requires that, when a project includes at least five percent very low-income units, the City must grant a 20% density bonus over ihe base density. Although the project qualifies for increased density, the applicant has not requested an increase in density (i.e. 30 to 50 dwelling units per acre is allowed and 31 dwelling units per acre is proposed). ln addition, alihough no concessions have been requested, in accordance with Government Code Section 65915, et seq. and
PMC Section 17.25.110, the project does benefit from the reduced parking ratios allowed through approval of a DBA. (SPRXDBA) (b) The proposed design of structures, including layout, size, shape, mass, height, architectural elements and other design factors are appropriate to the size and shape of the lot and are compatible and harmonious with the uses and structures on adjacent properties because the shape and colors of the proposed buildings are similar to, and compatible with adjacent development. For example, existing residences to the east of the site utilize a modern-style architecture, contain earth tone colors and utilize stucco and the proposed townhouses utilize the same materials and a similar color palette. Furthermore, the project site is adequately sized to accommodate the proposed residential buildings and all necessary on-site improvements (i.e. landscaping, parking, etc.).
The maximum height of the proposed residential buildings is three-stories (34 feet), which is comparable to the height of existing residences to the east and is well below the allowable maximum height of 60 feet. Furthermore, the building materials will consist of varying colors of stucco, Techwood, and metal railing. A color palette compatible with the desert environment will include beige, and cream stucco and gray and brown Techwood. (SPR)
(c) The design of the project will provide a desirable environment for its residents, the visiting public and its neighbors through the use of high-quality building materials, design elements, colors, textures and landscape features, because the project includes sufficient landscaping, pedestrian connectivity, shading and varying textures such as faux wood siding (Techwood) and stucco. ln addition, the proposed materials and colors submitted by the applicant are varying RESOLUTTON NO. PC-2020-032
shades of brown, gray, and cream, which are typical and compatible with the desert environment and surrounding development. The site layout and exterior finishes of the project are well-designed and will enhance the aesthetics of the area. (SPR)
(d) The building materials and design features are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement.
A review of the building elevations and minimum design guidelines specified within the PMC revealed that the buildings will be constructed with stucco and faux wood siding, which are durable and can withstand the temperature fluctuations in the high desert. The proposed architecture will remain aesthetically appealing over time because the varying colors and materials, projectìons and recesses will continue to provide visual interest as the buildings age. The design is also compatible with other buildings in the area because the construction materials and varying colors are similar to residential buildings to the east. (SPR)
(e) The proposed DBA complies with the requirements of
California Government Code Section 65915 et. seq. The project is in full compliance with State Density Bonus Law and the PMC Section 17 .25.110. Density Bonus Law requires that, when a project includes at least five percent very low-income units, the City must grant a 20% density bonus over the base density. Although the project qualifies for increased density, the applicant has not requested an increase in density (i.e. 30 to 50 dwelling units per acre is allowed and 31 dwelling units per acre is proposed). (DBA) 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. State Densiiy Bonus Law allows for the granting of concessions as a cost reduction measure to balance the difference between providing affordable housing versus providing markelrate housing. Although no concessions have been requested, in accordance with Government Code Section 65915, etseq. and PMC Section 17.25.110, the projectdoes benefit from the reduced parking ratios allowed through approval of a DBA. ln addition, the City's Housing Division has analyzed the pro forma prepared for the project and has concluded that the reduction (f)
RESOLUTTON NO. PC-2020-032
3 in parking wlll result in actual and identifiable cost reductions to provide for affordable housing costs. (DBA)
(S) The granting of the proposed DBA will result in the provision of housing for lower income households as identlfied in the Housing Element. The project will make at least five percent of the total number of units avallable to very low-income households as described within DBA 19-002 (A-6989). ln addition, the proposed project will contribute to the City's Regional Housing Needs Assessment allocation. (DBA)
(h) The granting ofthe proposed density bonus will not have an adverse impact on adjacent properties or on the general public. The density of the project is within the range allowed by the current General Plan land use designation and zone and the design of the affordable housing development conforms to the development standards specified within the PMC. Furthermore, the development is compatible and complementary to existing development to the east of the site. (DBA)
The Planning Commission hereby finds as follows with respect to the environmental document:
(a) The proposed project is Categorically Exempt from environmental proceedings pursuant to Section 15332, Class 32, ln-fill Development, of the California Environmental Quality Act (CEaA) Guidelines, which exempts in-fill development projects meeting the following conditions:
The project is consistent with the applicable General Plan Iand use designaiion of MHDR (Medium-High Density Residential, 30 to 50 dwelling units per acre) and all applicable
General Plan policies as well as with the applicable
R-4-30 (High Density Residential) zoning designation, as specified within Finding 2(a), above and as shown in TABLE 3 of the staff report dated July 9,2020.
The proposed development occurs within City limits on a project site of no more than five acres substantially
surrounded by urban uses. The project site is located on
1.4 acre site and is substantìally surrounded by existing 2 RESOLUTTON NO. PC-2020-032
4. development with existing multiple-family residences to the east, and public facllity buildings to the north and south. ln addition, vehicular access is provided from two new
driveways, one on Avenue Q-1 1 and one on Avenue Q-12.
The project site does not have habitat for endangered, rare or threatened species, because the project site is devoid of any rare plant vegetation as specified by the California Native Plant Society, Rare Plant Program (2020). No native,
endangered, rare or threatened species are presumed to be present within the project site as determined by a database search with the U.S. Fish and Wildlife Service. Therefore, no significant impacts to biodiversity are aniicipated.
Approval of the project would not result in any significant effects in relation to noise, air qualiiy, traffic, or water quality, because:
a.Construction times will be limited to between the hours of 6:30 a.m. and B:00 p.m., Monday through Saturday
consistent with the PMC Section 8.28.030 in order to
prevent possible noise nuisance to surrounding
properties. Future use of the land as residences is not expected to generate high levels of noise because the
residences will be constructed in accordance with the
standards specified within the PMC, which are
intended to reduce noise levels to a level consistent
with Table N-3 of the Noise Element of the
General Plan. The operating activlties of single-family residences will not jeopardize the health, safety and
welfare of visitors nor the surrounding environment,
because the use is consistent with the surrounding
land uses.
A report was generated using the California Emissions
Estimator Model (CalEEMod) on June 10, 2020, to
determine the esiimated emissions of criteria pollutants and greenhouse gases for the duration of construction
and the total operational emissions. The model
indicated that emission levels are well below the
applicable Antelope Valley Air Quality Management
3 b
RESOLUTION NO. PC-2020-032
District Significant Emissions Thresholds. Therefore,
this project is not anticipated to have a signìficant air quality impact on the environment.
c.Multiple-family residences are permìtted within the
R-4-30 zone and the proposed development will not
change or intensify the density or use allowed within
the zone. The development is not anticipated to
change the forecasted traffic volumes in the
surrounding area as the site was intended for the type
and intensity of the proposed use at a density of
31 units per acre. Therefore, no significant impacts to traffic are anticipated.
d.Run-off water will discharged into to the existing storm drain system in the surrounding area and no
designated water features are located on-site as
determined by staff review of the web soil survey on
June 10, 2020. Therefore, no significant impacts to
water quality are anticipated.
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. (b) The custodian of records for the environmental, 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.
Ã
RESOLUTTON NO. PC-2020-032
Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends City Council approval of DBA 19-002 (A-6989) and approves SPR 19-001 , subject to the conditions of approval as set forth in EXHIBIï lll.
5. The Deputy City Clerk shall certify to the adoption of this Resolution ADOPTED AND APPROVED this 9th day of July, 2020.
AYES: 4 (Chair Nemeth. Vice Chair Averv. Commissioners Fraqa-Saenz and Henderson)
NOES:
ABSTAINABSENT:I lCommissioner Smith)
Nemeth, Chair
Planning Commission
ATTEST:
4 0
{
(1\ /,n(j\JlffJu,r,o)
Llnn{Þ;arien, Deputy City Clerk
EXHIBIT I
LEGAL DESCRIPTION
FOR DBA 19-OO2 AND SPR 19-OO1
THE LAND REFERRED TO HEREIN BELOW IS SITUAÏED IN THE CITY OF
PALMDALE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 12, 13,14,15,16,17,18, AND 19 IN BOOK 2 OF TRACT NO. 2576 IN THE CITY
OF PALMDALE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 25 OF MAPS IN THE OFFICE OF THE COUNTER RECORDER OF SAID COUNTY.
APN'S: 3009-018-009,3009-018-010,3009-018-011,3009-018-012,3009-018-013 3009-01B-014, 3009-01B-015 AND 3009-018-016
EXHIBIT II
AERIAL MAP FOR
DBA 19-OO2 AND SPR 19-OO1
EISEEIIE
n[ErillrEr
H
EXHIBIT III
FINAL
CONDITIONS OF APPROVAL FOR
SITE PLAN REVIEW 19-OO1
APPROVAL DATE: JULY 9,2020
EFFECTIVE DATE: JULY 21,2020
USE INAUGURATION DEADLINE: JULY 21,2023
These Conditions of Approval apply to Site Plan Review (SPR) 19-001, in conjunction with Density Bonus Agreement (DBA) 19-002 (A-6989); a request to construct four, three-story multiple-family residential buildings totaling 31 units, of which five percent will be affordable, on a vacant 1 .4-acre site located at ihe southwest corner of Avenue Q-1 1 and 9th Street East (APN's: 3009-01 8-009, 3009-018-010, 3009-01 B-01 1 , 3009-0'l B-012, 3009-18-013, 3009 018-014, 3009-018-015 and 3009-018-016). Any proposed change of use or expansion of the area, or modifications io the site plan or structures shall be submitted to the Planning Division, along with the required application and fee, for review.
For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successo(s) in interest to the terms of this approval.
GENERAL CONDITIONS
SPR 19-001 shall be inaugurated within three years or ii shall automatically expire on July 21 ,2023. This approval is based on the plans date stamped Received April2T,2020. ïhis project shall be considered inaugurated if applicable grading and building permits have been issued, foundations poured, and above ground construction initiated and on-going. Cessation of construction activity for over 180 days will result in lapse of this approval. (P) Should this project not be inaugurated during the initial approval period, the Planning Commission may grant an extension of time not to exceed an additional two years. ln granting any such time extension, the City may impose new conditions and standards, as applicable. Applications for tìme extensions must be filed a minimum of 90 days prior to the expiration date. Requests for time extension must be accompanied by a formal application, all required exhibits, and plans, and required application fees. (P)
This approval shall not become effective for any purposes until any appeal period has passed and the applicant and owner have filed at the office of the Planning Division their notarized affidavit stating that they agree to, and accept, all of the Conditions of Approval as approved by the reviewing authority as set forth in EXHIBIT Ilì to RESOLUTION NO. PC-2020-032. (P)
2 3
sPR 19-001
FINAL Conditions of Approval
July 9,2020
4lmmediately upon approval of this project by the Planning Commission, the applicant shall submit to the City a cashier's check, payable to Los Angeles County, in the amount of $75 for the environmental filing fee in compliance with the California Environmental Quality Act (CEOA) Guidelines. Fuñhermore, if the Department of Fish and Wildlife determines that this project is not exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4 because the project has more than a de Minimls impact on fish and wildlife, then the applicant shall also pay to the Department of Fish and Wildlife any fee and any fine which the Department determines to be owed. (P)
Sign approval for the project is a separate process requiring the issuance of a sign permit and building perm¡ts and shall be subject to review and approval by the Planning Division and Building and Safety Division. (PXB&S) The applicant shall defend, indemnify, and hold harmless the Ciiy of Palmdale its elected and appointed officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Palmdale, its elected and appointed officials, officers, employees, or agents to attack, set aside, void, or annul any approval or Condition of Approval of the City of Palmdale concerning this project, including but not limited to any approval or Condition of Approval of the City Council, Planning Commission, Hearing Officer, or Planning Manager.
The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its elected and appointed officials, officers, employees, and agents in the defense of the matter. (P)
The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with all pedinent requirements in the Palmdale Municipal Code (PMC), including the requirement that a business license be obtained by all entities doing business in the City. (P) Future use of the buildings shall meet the standards and shall be developed within the limits established by the PMC as related to emissions of noise, odor, dusi, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to establishment or operation. (P)
Ã
6 7
8 ô
sPR 19,001
FINAL Conditions of Approval
July 9,2020
10 11
12 IJ
14 tc
The applicant shall compìy with all requirements of the PMC, all requirements of the City of Palmdale ordinances, resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. (P)(E)
When exhibits and written conditions of approval are inconsistent, the written conditions shall prevail. (P)(E)
Off-site public improvements (streets, drainage, sewers, etc.) may be necessary to adequately serve this development. lf off-site public improvements are required, said improvements shall be located within public easements. lf off-site public easements are required, this approval is subject to the applicant's acceptance of the City of Palmdale requirements for acquisition of off-site easements including the applicant's financial responsibility. The City Engineer shall have the authority to withhold approval of any affected improvement plans for failure to satisfy this condition. (E)
The applicant shall participate in such on-site and off-site water service improvements as may be required by the serving water purveyor. (E) Coordination with utility companies by the applicant's engineer during design shall be required in order to ensure that required public improvements are not in conflict with existing or proposed utilities. (E)
All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs, shall be prepared, signed, and stamped (when required) only by those individuals legally authorlzed to do so. Plans for public improvements shall be prepared, signed, and stamped by a California Registered Civil Engineer. (E)
The design of Avenue's Q-1 1, O-12 and 9th Street East shall be coordinated with the City's Civic Center Complete Streets project (Project Number 761) to ensure that there are no conflicts to the satisfaction of the City Engineer. (TE) Lefl-turn ingress and/or egress at all access locations shall be subject to approval of the City Engineer and may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered. (TE) 16 sPR 19-001
FINAL Conditions of Approval
July 9,2020
17No steps, stoops or other raised concrete landings shall be constructed within the public right-of-way. (TE)
taJBicycle parking and storage shall be positioned on the site in a manner that is convenient and secure to the satisfaction of the City Engineer and Planning Manager. (PXTE)
19Pursuant to Government Code Section 66020(a), any pady may protest the imposition of any fees, dedlcations, reservations, or other exactions imposed on this development project. Required fees shall be paid in full or arrangements shall be made to pay the fee when due. Written notice of payment under protest shall be filed with the City at the time of approval or conditional approval of this project or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions imposed on this project. (P) 20Any proposed bollards shall include a decorative cover consistent with the architectural siyle of the associated building. Safety colored pipe-style bollards shall only be permitted in areas hidden from view of the public right-of-way. (P)
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED WITH THE SUBMITTAL OF GRADING PLANS OR PRIOR TO ISSUANCE OF A GRADING PERMIT:
21 The applicant shall submit the final site, floor and architectural elevations to the Building and Safety Division for review and approval by all applicable City divisions along w¡th required fees for plan check review. Such plans shall be fully dimensioned and in substantial conformance with those approved by the Planning Commission. Plans shall address the following: (PXEXTE)
21.1 Utility and transformer boxes, backflow devices, and other similar equipment facilities shall be placed underground, unless otherwise specified and approved. Screening shall be provided, shall be compatible with main structures and shall include landscaping where appropriate. All electrical switchgear shall be located within an electrical or utility room within the associated building, which may be accessible from an exterior door or doors. No exterior surface mounted switchgear shall be permitted.
The location of all devices required by the water district shall be shown on the site plan; all such devices shall be screened with a low-profile wall to match the building, or other method as approved by the Planning Manager.
21.2 sPR 19-001
FINAL Conditions of Approval
July 9,2020
zt.5All public utilities and structures including, but not limited to, lighting and landscape meters, conduit, handholes and pedestrian poles, shall be placed outside of the public right-of-way. A municipal easement shall be granted to the City for maintenance purposes of such public utilities and structures. Easement document(s) shall be prepared by the applicant for the review and approval by the City Engineer.
21 .4The site plan shall identify the interior traffic flow pattern and shall identify all pedestrian access ways and traffic crossings. Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall comply with litle 24 Handicapped Accessibility Standards and City Building Codes.
21 .5The site plan shall identify the al¡gnment of all adjacent streets, turn lanes, medians, bus turnouts, and location of project entrance(s), drive aisles, traffic control devices, sidewalks, landscape setbacks, and location of other infrastructure as determined by the City Engineer.
21.6The site plan shall indicate the location and method of operation of any vehicle restricting gates. The gates shall be subject to the approval of the City Englneer and the Fire Department. Where utilized, a portion of the guest spaces must be accessible without passing through a security entrance, and residents must not be required to pay additional costs to receive devices to open a security gate.
21 .7 The site plan shall be revised to ensure accurate data is provided in regards to parking requirements and the provision of individual trash service. 21 .B The applicant shall provide detailed street cross-sections with accurate right-of-way dimensions as specified by the General Plan. 21 .9 Drive aisles shall have a minimum width of 26 feet.
21.10 Adequate sight distance shall be provided at the site entrance in regards to the proposed landscaping and fencing to the satisfaction of the City Engineer.
sPR 19-001
FINAL Conditions of Approval
July 9,2020
22 21 .11 Driveways and roadways located within 300 feet of the site shall be identified on the site plan.
The applicant shall submit photometric plans to the Building and Safety Division for review and approval by all applicable City divisions along with required fee(s) for plan check review. Such plans shall be fully dimensioned and in substantial conformance with those approved by the Planning Commission. Plans shall demonstrate the following: (PXPS)
22.1 The photometric lighting plan shall comply wlth applicable standards contained in the PMC Section 17.86.030.
22.2 All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make the premises clearly visible and provide adequate illumination for persons exiting the buildings.
22.3 Pedestrian walkways shall have sufficient decorative pathway lighting to fully illuminate the walkway after dark to the satisfaction of the Director of Neighborhood Services.
22.4 All buildings shall have exterior security lighting fixtures installed that are protected by a weather and vandal-resistant covering. Security lighting shall adhere to the specifications of the PMC.
22.5 Parking lots, drive aisles and grounds contiguous to buildings shall be provided with sufficient lighting to provide adequate illumination for the safety and security of vehicles and pedestrians using the site during the hours of darkness or diminished lighting as determined by the Director of Neighborhood Services. Such lighting shall be equipped with vandal and weather resistant covers/lenses and comply with specifications of the PMC'
22.6 Exterior door, perimeter, canopy, and parking area lights shall be controlled by photocell and shall be left on during hours of darkness or diminished lighting.
Grading and wall/fence plans shall be submitted for review and approval to the Engineering Division. Approval by both the City Engineer and Planning Manager shall be obtained prior to the issuance of a Grading Permit. Final grading concepts 23 sPR 19-001
FINAL Conditions of Approval
July 9,2020
25 26
24 shall be in substantial conformance with those shown on the approved site plan, conceptual grading plan, and in accordance with the following: (P)(E)
23.1 Westerly Boundary - The plans shall indicate construction of a new six-foot high decorative block wall. The wall shall consist of a minimum of two colors, a combination of splilface and precision block, and a decorative cap subject to approval from the Planning Division.
ln all cases where a required wall is to be located adjacent to the top of a 2:1 or greater slope the wall shall be set back a minimum two and one-half feet from the crest of that slope on the level side. All slope and wall configurations shall meet the setback requirements of the City Building Code. (P)(E)(B&S) The exterior face and footings of all project perimeter walls shall be no more than two inches from the property line on the subject property except where approprlate off-site easements have been obtaìned. (P)(E)
The applicant shall provide final landscape and irr¡gation plans for all project landscaping to the Engineering Division for review and approval by all applicable City Divisions. The applicant shall pay all plan review fees for the improvements reflected on the landscape plans prior to review of the plans. All landscape permit and inspection fees shall be paid prior to the issuance of a landscape permit.
These plans shall include, but not be limited to, the following items: (P)(E)(PS) 261 Trees in the parkways shall not exceed a spacing approved by the City Engineer for the species proposed.
26.2Where trees are incorporated into the landscape design of common or open areas, all trees shall be a minimum one-inch caliper in a 1S-gallon or larger container size. Fifty percent of the trees shall be a minimum two-inch caliper in a 24-inch box size or larger container. Twenty percent of the trees shall be a minimum two and a half-inch caliper in a 36-inch box size or larger container. The trunk caliper shall be measured four and on-half feet above the root crown. Any Washingtonia spp. or similar palm trees proposed shall have a minimum of 12 feet of brown trunk heìght.
26.3 All shrubs shall be a minimum five-gallon size. lf one-gallon plants are proposed to be used as a ground cover (i.e. with drip irrigation), such sPR 19-001
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planting shall be supplemented with addltional five-gallon plant material to provide variation in texture and height.
26.4All plant material shall be indicated on the landscape plans with symbols that are 75 percent of a diameter of the mature size of the plant. When determining mature plant size, the lower end of the size range shall be used (for example, if a plant is indicated to have a mature size of six to ten feet, a six foot diameter shall be used when graphically indicating the plant material on the plan).
26.5 All landscape areas shall be enclosed by a six-inch raised concrete curb.
All turf areas shall be separated from nonturf areas by a minimum of a two-inch by four-inch redwood header.
26.6 All slopes steeper than 3:1 shall be landscaped for erosion control per the Engineering Design Standards.
26.7 Backflow devices shall be screened with a solid Le Meur cover or equivalent and landscaping.
26.8 All plant material sizes and calipers shall conform to the American Standard for Nursery Stock, ANSI (2.60.1) 2014.
26.9 The landscape plans shall comply with all provisions of PMC Chapter 14.05, Water Efficient Landscape.
26.10 Landscaping shall be provided within parking areas so that at least five percent of the surface area of the parking lot is landscaped (excluding perimeter and setback landscaping). Landscaping shall be dispersed throughout the parking lot in order to provide shade throughout the lot.
26.11 A minimum of one canopy tree per four parking stalls (or eight parking stalls when two rows of four share a common frontage) shall be provided.
26.12 A minimum of fifty percent of the parking lot trees shall be a minimum 24-inch box size and with a minimum two-inch caliper. Twenty percent of the trees shall be a minimum two and a half-inch caliper in a 36-inch box size or larger container.
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26.13 Landscape planters shall be a minirnum of five feet in width (inside dimension), except that tree wells located between parking rows and spaces may be a minlmum of four feet in width (inside dimension). All landscaping and planting within paved areas shall be contained within raised planters surrounded by six-inch concrete curbs.
26.14 Bumper blocks or curbs shall be placed a minimum of 30-inches away from the trunk of any tree.
26.15 Landscape islands, a minimum ten feet in width with minimum aisle turning radii of ten feet shall be provided at the end of all parking rows, except where park¡ng rows directly abut buildings, sidewalks, walls, or similar features.
26.16 Parking rows containing 1 5 or more spaces shall contain one landscape island within the interior of the parking row for each 15 parking spaces in addition to the required row end landscape islands.
26.17 Landscape islands shall not extend closer than three feet from the aisle end of the adjacent parking space(s).
26.18 Landscape islands shall be designed with a six-inch curb and a minimum one-foot paved area where abutting the side of parking stalls. Paved areas of landscape islands shall not be counted toward fulfilling landscape req u irements.
26.19 All landscape islands, which are located at the front of head-in parking spaces, shall be designed with a minimum two and a half-foot area free from vegetation where the front of a vehicle may overhang the island. The overhang area shall be surfaced with non-living landscape material such as bark, gravel, or rock. Two and a half feet of the overhang area may be counted as part of the overall parking space length.
26.20 All portions of a parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation.
26.21 Landscaping located beneath windows shall be no taller than the windowsill and maintained at this height. Barrier plants shall be used below and to the sides of windows when possible.
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26.22 Landscaping shrubs or bushes located along pedestrian pathways shall be no taller than three feet and maintained at this height.
26.23 lree canopies at maturity shall be no lower than six feet.
26.24 Landscaping shall be maintained in a manner that discourages places for concealment. Low growth shrubs with maximum heights of no more than two feet shall be utilized.
26.25 Parking lot landscaping shall comply with applicable standards contained in the PMC and shall not be obstructed by trees or other landscaping.
The applicant shall incorporate into the project desìgn all existing easements within the project boundaries or obtain abandonment of said easements from the affected easement holde(s). lf this requirement cannot be accomplished, the project shall be redesigned accordingly to the satisfaction of the Planning Manager/City Engineer and/or the Planning Commission. (P)(E)
The applicant shall obtaln off-site easements from the affected property owne(s) for all proposed off-site improvements (i.e. slopes and related grading activities, street improvements, walls drainage, etc.). lf said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely within the project boundary to the satisfaction of the Planning Manager or the Planníng Commission. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. (P)(E) The applicant shall submit a temporary erosion control and sedimentation plan for approval by the City Engineer prior to grading plan approval and grading permit issuance when grading activlty will occur between October 1st and April 15rh. Said erosion control plan shall provide appropriate dust control measures as required by the City Engineer and the Antelope Valley Air Quality Management District (AVAOMD). (E)(AVAOMD)
From the beginning of the first ground disturbing activity untìl all buildlngs have been released for occupancy, the following shall be required of the applicant:
1) have erosion control measures, per an approved Erosion Control and Sedimentation Plan, in place during the rainy season (October 15 - April 15); 2) provide appropriate dust control measures, per City and AVAQMD Standards, to minimize nuisance from dust at all times. (EXB&S)
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This project shall be designed and constructed in accordance with the stormwater pollution control requirements of the Lahontan Region of the California Regional Water Quality Control Board. Prior to the issuance of a grading permit, the applicant shallfile a Notice of lntent with the State Water Resources Control Board (SWRCB) and obtain a Waste Discharger ldentification WDID number to comply with the applicable National Poìlution Discharge Elimination System (NPDES) requirements. The applicant shall submit a copy of the Stormwater Pollution Prevention Plan (SWPPP) to the SWRCB for approval. Once approved, the applicant shall submit a copy of the final SWPPP to the City Engineer. (E) A final hydrology study and hydraulics report shall be prepared for this project and approved by the City Engineer. The hydrology study and hydraulics report shall address on-site and off-site conditions and impacts, based on the City of Palmdale Engineering Design Standards and the adopted Storm Water Management Policy. (E)
All manufactured slopes on or adjacent to project boundaries shall meet the setback requirements of the current City Building Code. A recorded off-site Slope Acceptance Letter from all affected property owners shall be submitted to the City Engineer prior to approval of grading plans for any off-site slope not meeting these requirements. ln addition, all slopes are required to meet City Standards with respect to erosion control. (E)
All drainage runoff and nuisance water shall be treated onsite prior to discharge to a public street or approved drainage facility. (E)
A drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent properly is increased, concentrated, diveded, or changed in any form as required by State law. (E)
Dry wells shall be required for this project to dispose of on-site nuisance water in accordance with the approved drainage plan. No nuisance water generated from this development shall be allowed outside the boundaries of this development unless.authorized by the City Engineer. Appropriate measures shall be taken to protect dry wells and basins from silt during grading operations and any off-site flow from undeveloped areas designed to flow through subdivision. (E) 34 2Ã
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The applicant shall submit geotechnical reports, prepared in accordance with the City's Engineering Design Standards, to the City Engineer for review and approval prior to the approval of a grading permit. (E)
The applicant shall enter into a Development lmprovement Agreement and post securities, for grading operations withln the City, and pay all applicable fees. (E) All drainage facilities shall be designed to be compatible with Master Plan of Drainage facilities. The applicant shall provide system piping to allow for the future elimination of the drainage basin. (E)
Reimbursement for drainage facilities shall only be considered for the developer's dedication and construction of those facilities depicted on the City's Master Plan of Drainage. (E)
This project is located within the Anaverde Natural Drainage Basin as defined by the City's Master Drainage Plan and approved by Resolution 89-75. The applicant shall comply with the provisions of Chapter 3.38 (Drainage Fee Requirements) of the PMC. The applicant shall pay the applicable drainage fees to the Engineering Division in the amount that is in effect at the time such fees are to be collected. Payment of drainage fees for all areas which are disturbed by grading are due upon submittal of first rough grade cerlification. (EXB&S) Grading shall be designated "Engineering Grading" per City Building Code and shall be done in accordance with an approved grading plan. All grading work shall be performed in one continuous operation, or in phases as approved by the Planning Manager and the City Engineer. (E)
Prior to issuance of a grading permit, the applicant shall provide proof of compliance with all the AVAQMD requirements and applicable fees. (AVAQMD)
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH ISSUANCE OF BUILDING PERMITS:
The applicant shall provide written evidence to the Engineering Division that approval has been obtained from the Los Angeles County Fire Depadment. (F)(E) 4Z
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The applicant shall pay allfees at the time fees are determined payable and comply with all requirements of the applicable Federal, State, and Local agencies including, but not limited to, the following:
Los Angeles County Sanitation District
Los Angeles County Department of Health Services
Los Angeles County Consolidated Fire District
Palmdale Water District
Palmdale School District
Antelope Valley Union High School District
Antelope Valley Air Quality Management District
The duty of inquiry as to such requirements shall be upon the applicant. Receipt and proof of payment shall be provided to the Building and Safety Division prior to issuance of any building permits. (PXEXFXB&S)
lf the City's Civic Center Complete Streets project (Project Number 761) does not commence, the applicant shall provide standard street improvements for the west half of 9th Street East across the project frontage in accordance with City requirements. The design shall be based on an acceptable centerline profile extending a minimum 300 feet beyond the project where applicable, according to the General Plan designation for this street. These improvements shall consist of:
(E)
46.1 46.2
46.3 46.4
46.5 46.6
46.7 Curb and gutter;
Sidewalk (width = five feet);
Roadway grading and paving, overlay and or match-up, as directed by the City Engineer;
Traffic control signs and devices as required by the City Engineer; Pavement transition from the project boundaries to the satisfaction of the City Engineer;
Accessible curb ramps at all walk returns;
Roadway drainage device(s);
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46.8 Streetlights;and,
46.9 Corner cutoff dedications as required by the City Engineer lf the 9th Street East portion of the City's Civic Center Complete Streets project (Project Number 761) is not completed prior to occupancy of the two buildings (Buildings A and B) adjacent to 9th Street East, the applicant shall provide temporary ADA compliant pedestrian walkways along the 9th Street East frontage and to each unit that is provided direct pedestrian access to 9th Street East to the satisfaction of the Building Official and City Engineer. The temporary ADA walkway shall be depicted on the street improvements plans. (B&S)(E) The applicant shall provide partial street improvements for the south half of Avenue Q-11 across the project frontage in accordance with City requirements. improvements shall consist of: (E)
48.1 Traffic control signs and devices as required by the City Engineer;
48.2 Accessible curb ramp(s) at all walk returns;
48.3 Roadway drainage device(s);
48.4 Streetlights;
48.5 Corner cutoff dedications as required by the City Engineer;
48.6 Underground existing poles and utility lines under 50KV;
48.7 Dedicate an additional four feet of right-of-way; and,
48.B Dedicate and construct a minimum of a four-foot bypass for compliance with the Americans with Disabilities Act (1990) at all driveway approaches.
The applicant shall prov¡de standard street improvements for the north half of Avenue Q-12 across the project frontage in accordance with City requirements.
The design shall be based on an acceptable centerline profile extending a minimum 300 feet beyond the project where applicable, according to the General Plan designation for that street. These improvements shall consist of: (E) 49 sPR 19-001
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49.1 49.2
49.3 49.4
49.5 Curb and gutter;
Sidewalk (width = five feet);
Reconstruction of ihe north half of street to centerline; Traffic control signs and devices as required by the City Engineer; Pavement transition from the project boundaries to the satisfaction of the City Engineer;
49.6 Accessible curb ramp(s) at all walk returns;
49.7 Roadway drainage device(s);
49.8 Streetlights;
49.9 Corner cutoff dedications as required by the City Engineer;
49.1 0 Underground existing poles and utility lines under 50KV;
49.11 Dedicate an additional four feet of righlof-way; and,
49.12 Dedicate and construct a minimum of a four-foot bypass for compliance with the Americans with Disabilities Act (1990) at all driveway approaches.
A signing and striping plan shall be provided for all roadway improvements, subject to the approval of the City Engineer as part of the approval of the street improvement plans. (TE)(E)
The right to restrict access shall be dedicated along all lots abutting Avenue's Q-11, Q-12 and 9rh Street East. (TE)
lf the City's Civic Center Complete Streets project (Project Number 761) does not commence, the applicant shall consiruct standard street improvements for 9th Street East at the intersections of Avenue Q-1 1 and Avenue Q-12 as specified within RESOLUTION NO. PC-2020-032. (TE)
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E.)
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59 All driveways shall have a minimum radius of 15 feet. (TE) The applicant shall comply with all applicable development regulations and requirements prior to the issuance of any building permits on the subject property. (PXE)(B&s)
A sanitary sewer-area study shall be prepared and submitted to the City Engineer for review and approval. A public sanitary sewer system, designed as the only method of sewage disposal for this project, shall be dedicated to the City. (E) Any sewer mainline upgrade or extension to serve the project shall be constructed at the developer's expense. (E)
Coordination and clearance shall be obtained from the Los Angeles County Sanitation District and the City of Palmdale Public Works - Sewer Maintenance Division prior to issuance of a sewer permit. (E)
The project shall comply with all requirements of PMC Chapter 13.05, Sewer Collection Service Charges. (E)
Water mains shall be designed to meet or exceed the total flow requirements determined from domestic flow and fire flow for this development. Required domestic flow shall be calculated by the applicant's engineer. Fire flow shall be determined by the Los Angeles County Fire Chief. (E)
The plans and specificaiions for the water delivery system shall be submiited for approval to the responsible water purveyor prior to final approval of this development by the City Engineer. ln all cases where water system facilities have not been installed prior to filing this development with the City Engineer for final approval, the applicant shall submit a Labor and Materials bond in addition to one of the following: (E)
60.1 An Agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or
60.2 An Agreement and evidence saiisfactory to the City Engineer showing that the applicant has entered into a contract with the serving water utility for establishing a security guaranteeing payment for the installation of the im provements.
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