MINUTES
CITY
COUNCIL
/
SUCCESSOR
AGENCY
CITY
HALL
COUNCIL
CHAMBER
38300
SIERRA
HIGHWAY
,
SUITE
B
PALMDALE
,
CALIFORNIA
FEBRUARY
2 ,
2022
www
.
cityofpalmdale
.
org
5 :
00 P
.
M
.
1 )
MAYOR
TO
CALL
MEETINGS
TO
ORDER
Mayor
Hofbauer
called
the
meetings
to
order
at
5 :
00 p
.
m
.
2 )
ROLL
CALL
MAYOR
HOFBAUER
,
MAYOR
PRO
TEM
LOA
,
COUNCILMEMBERS
CARRILLO
,
BISHOP
,
BETTENCOURT
PRESENT
:
Steven
Hofbauer
,
Richard
J
.
Loa
,
Juan
Carrillo
,
Austin
Bishop
,
Laura
Bettencourt
.
ABSENT
:
None
.
3 )
PUBLIC
COMMENTS
V
.
Jesse
Smith
commented
in
support
of
City
Manager
Murphy
.
4 )
PRESENTATION
BY
CITY
ATTORNEY
City
Attorney
Beck
confirmed
that
the
items
would
be
heard
as
listed
.
4.1 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
EXISTING
LITIGATION
Donald
D
'
Angelo
V
.
County
of
Los
Angeles
,
et
al
.
Los
Angeles
County
Superior
Court
Case
No
.
21 AVC
00441
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
4.2 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
EXISTING
LITIGATION
Dimartino
v
.
City
of
Palmdale
Los
Angeles
County
Superior
Court
Case
No
.
21 AVCV
00482
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
4.3 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
EXISTING
LITIGATION
CV
Communities
v
.
AVEK
,
et
al
.
Los
Angeles
County
Superior
Court
Case
No
.
BC
66107
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
CC
-
SA
Minutes
02 /
02 /
2022
1 Government
Code
Section
54956.9
(
d
)
(
1 )
.
4.4 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
ANTICIPATED
LITIGATION
Significant
exposure
to
litigation
pursuant
to
paragraph
(
2 )
of
subdivision
(
d
)
of
Section
54956.9
:
One
case
.
A
point
has
been
reached
where
,
in
the
opinion
of
the
City
on
the
advice
of
the
City
Attorney
,
based
on
existing
facts
and
circumstances
,
there
is
a
significant
exposure
to
litigation
against
the
City
.
The
City
believes
that
the
facts
and
circumstances
that
might
result
in
litigation
against
the
City
are
not
yet
known
to
a
potential
plaintiff
or
plaintiffs
.
COUNSEL
-
LEGAL
4.5 )
CONFERENCE
ANTICIPATED
LITIGATION
Significant
exposure
to
litigation
pursuant
to
paragraph
(
2 )
of
subdivision
(
d
)
of
Section
54956.9
:
Two
case
.
WITH
A
point
has
been
reached
where
,
in
the
opinion
of
the
City
on
the
advice
of
the
City
Attorney
,
based
on
existing
facts
and
circumstances
,
there
is
a
significant
exposure
to
litigation
against
the
City
.
The
City
believes
that
the
facts
and
circumstances
that
might
result
in
litigation
against
the
City
are
not
yet
known
to
a
potential
plaintiff
or
plaintiffs
.
4.6 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
EXISTING
LITIGATION
Ricci
v
.
City
of
Palmdale
,
et
al
.
Los
Angeles
County
Superior
Court
Case
No
.
22 STCV
01269
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
4.7 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
ANTICIPATED
LITIGATION
The
existing
facts
and
circumstances
that
constitute
a
significant
exposure
to
litigation
are
detailed
in
the
following
claim
received
by
the
City
,
which
is
available
for
public
inspection
pursuant
to
Government
Code
Section
54957.5
:
Claimant
:
Patricia
Nevarez
City
Claim
No
.
:
2022
-
005
Date
Filed
:
1 /
27 /
22 Date
of
Loss
:
Various
4.8 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
ANTICIPATED
LITIGATION
The
existing
facts
and
circumstances
that
constitute
a
significant
exposure
to
litigation
are
detailed
in
the
following
claim
received
by
the
City
,
which
is
available
for
public
inspection
pursuant
to
Government
Code
Section
54957.5
:
Claimant
:
Shanae
Smith
City
Claim
No
.
:
2022
-
005
Date
Filed
:
1 /
10 /
22 2
CC
-
SA
Minutes
02 /
02 /
2022
Date
of
Loss
:
Various
5 )
ANNOUNCEMENT
BY
CITY
ATTORNEY
All
Councilmembers
were
present
and
able
to
participate
in
all
items
.
Item
4.1 Conference
with
Legal
Counsel
-
Existing
Litigation
:
D
’
Angelo
v
.
County
of
Los
Angeles
-
Council
was
provided
an
update
on
this
matter
.
There
was
no
further
reportable
action
.
Item
4.2 Conference
with
Legal
Counsel
-
Existing
Litigation
:
Dimartino
v
.
City
of
Palmdale
-
Council
was
provided
an
update
on
this
matter
and
provided
unanimous
direction
to
staff
.
There
was
no
further
reportable
action
.
Item
4.3 Conference
with
Legal
Counsel
-
Existing
Litigation
:
CV
Communities
v
.
AVEK
-
This
matter
was
continued
to
a
later
date
.
Item
4.4 Conference
with
Legal
Counsel
-
Anticipated
Litigation
-
Council
was
provided
an
update
on
this
matter
.
There
was
no
further
reportable
action
.
Item
4.5 Conference
with
Legal
Counsel
-
Anticipated
Litigation
-
Two
Cases
-
Council
was
provided
an
update
on
these
matters
and
provided
unanimous
direction
to
staff
on
one
case
.
There
was
no
further
reportable
action
.
Item
4.6 Conference
with
Legal
Counsel
-
Existing
Litigation
:
Ricci
v
.
City
of
Palmdale
:
Council
was
provided
an
update
on
this
matter
.
There
was
no
further
reportable
action
.
Item
4.7 Conference
with
Legal
Counsel
-
Anticipated
Litigation
:
Council
was
provided
an
update
on
this
matter
and
provided
unanimous
direction
to
staff
.
There
was
no
further
reportable
action
.
Item
4.8 Conference
with
Legal
Counsel
-
Anticipated
Litigation
:
Council
was
provided
an
update
on
this
matter
and
provided
unanimous
direction
to
staff
.
There
was
no
further
reportable
action
.
There
was
no
further
reportable
action
.
6 )
ADJOURN
CLOSED
SESSION
MEETING
Mayor
Hofbauer
adjourned
the
meeting
at
7 :
09 p
.
m
.
7 :
00 P
.
M
.
Mayor
Hofbauer
called
the
meeting
to
order
at
7 :
10 p
.
m
.
7 )
PLEDGE
OF
ALLEGIANCE
AND
MOMENT
OF
SILENCE
IN
HONOR
OF
OUR
TROOPS
CC
-
SA
Minutes
02 /
02 /
2022
3 8
)
PRESENTATIONS
8.1 )
Acting
City
Manager
Perez
presented
the
City
of
Palmdale
’
s
Warrior
Award
to
Miguel
Lopez
,
I
.
T
.
Technician
.
82 )
Public
Safety
Supervisor
German
presented
the
cute
critters
available
for
adoption
at
the
Palmdale
Animal
Care
Center
.
WAIVER
OF
FULL
READING
OF
RESOLUTION
(
S
)
and
ORDINANCE
(
S
)
Motion
:
Move
to
waive
full
reading
of
the
Resolution
(
s
)
and
/
or
Ordinance
(
s
)
to
be
considered
and
voted
on
at
this
meeting
.
Moved
by
Richard
J
.
Loa
,
seconded
by
Juan
Carrillo
.
9 )
Vote
:
Motion
carried
(
5 -
0 )
Yes
:
Bettencourt
.
Steven
Hofbauer
,
Richard
J
.
Loa
,
Juan
Carrillo
,
Austin
Bishop
,
Laura
10 )
PUBLIC
COMMENTS
The
following
individuals
provided
public
input
:
Jason
Zink
commented
regarding
the
allocation
of
Measure
AV
funds
,
parking
tickets
and
other
miscellaneous
items
.
Marsha
Furman
suggested
a
visible
timer
for
the
citizens
and
commented
on
speaker
form
submissions
.
Rich
Gallego
and
Mario
Presents
requested
the
adoption
of
Ordinance
No
.
1577
.
An
anonymous
resident
comment
on
illegal
dumping
.
Both
Dave
Bowman
and
Xavier
Flores
expressed
concerns
regarding
the
redistricting
process
.
CONSENT
CALENDAR
11.1 )
Receive
and
file
the
monthly
and
quarterly
investment
activity
reports
for
December
2021
.
(
Staff
Reference
:
Finance
Manager
Kang
)
11 )
Adopt
Resolution
No
.
CC
2022
-
016
,
a
Resolution
of
the
City
Council
of
the
City
of
Palmdale
approving
and
authorizing
the
execution
and
delivery
of
a
supplemental
agreement
No
.
5 to
amended
and
restated
fiscal
agent
agreement
related
to
Ritter
Ranch
,
and
authorizing
actions
related
thereto
.
(
Staff
Reference
:
Finance
Manager
Kang
)
.
11.2 )
Approve
Legal
Services
Agreement
Between
the
City
of
Palmdale
and
Silver
&
Wright
,
LLP
in
the
amount
of
$
500
,
000
.
(
Staff
Reference
:
City
Attorney
Beck
)
Mayor
Pro
Tern
Loa
pulled
this
item
for
discussion
.
City
Attorney
Beck
provided
clarification
on
the
necessity
for
the
renewal
of
the
contract
.
11.3 )
Motion
:
Approve
Legal
Services
Agreement
with
Silver
&
Wright
,
LLP
.
CC
-
SA
Minutes
02 /
02 /
2022
4 Moved
by
Juan
Carrillo
,
seconded
by
Austin
Bishop
.
Vote
:
Motion
carried
(
4 -
0 )
Yes
:
Richard
J
.
Loa
,
Juan
Carrillo
,
Austin
Bishop
,
Laura
Bettencourt
.
Absent
:
Steven
Hofbauer
.
11.4 )
Approve
Agreement
with
Management
Partners
,
Inc
.
to
Provide
Consulting
Services
Regarding
Misdemeanor
Prosecutions
within
the
City
of
Palmdale
.
(
Staff
Reference
:
City
Attorney
Beck
)
Mayor
Pro
Tern
Loa
pulled
this
item
for
discussion
.
City
Attorney
Beck
provided
a
detailed
overview
of
the
staff
report
.
Mayor
Pro
Tern
Loa
provided
information
on
which
misdemeanors
are
not
being
prosecuted
by
the
District
Attorney
'
s
Office
.
Discussion
ensued
.
Motion
:
Approve
Agreement
with
Management
Partners
,
Inc
.
to
Provide
Consulting
Services
Regarding
Misdemeanor
Prosecutions
within
the
City
of
Palmdale
.
Moved
by
Richard
J
.
Loa
,
seconded
by
Austin
Bishop
.
Vote
:
Motion
carried
(
4 -
0 )
Yes
:
Richard
J
.
Loa
,
Juan
Carrillo
,
Austin
Bishop
,
Laura
Bettencourt
.
Absent
:
Steven
Hofbauer
.
11.5 )
Approve
Final
Tract
Map
No
.
74927
,
(
located
at
the
northwest
corner
of
Pevero
Court
&
Range
Drive
.
(
Staff
Reference
:
Director
of
Public
Works
Heffernan
)
11.6 )
Notice
of
Completion
-
Accept
public
improvements
for
Palmdale
Aerospace
Academy
Street
Widening
located
at
35 th
Street
East
south
of
Palmdale
Boulevard
.
(
Staff
Reference
:
Director
of
Public
Works
Heffernan
)
11.7 )
Approve
Supplemental
Agreement
No
.
3 with
RSB
Group
,
Inc
.
for
PN
784
,
Rancho
Vista
Park
,
in
the
amount
of
$
218
,
855.81
.
(
Staff
Reference
:
Director
of
Public
Works
Heffernan
-
Presented
by
Deputy
Director
of
Public
Works
Glidden
)
11.8 )
Adopt
Resolution
No
.
CC
2022
-
018
,
a
Resolution
of
the
City
Council
of
the
City
of
Palmdale
authorizing
submission
of
a
Notification
of
the
City
’
s
Intent
to
Comply
with
Senate
Bill
(
SB
)
619
,
to
the
State
Department
of
Resources
Recycling
and
Recovery
(
Calrecycle
)
.
(
Staff
Reference
:
Director
of
Public
Works
Heffernan
-
Presented
by
Deputy
Director
of
Public
Works
Glidden
)
CC
-
SA
Minutes
02 /
02 /
2022
5 11.9
)
Approve
the
minutes
from
the
previous
meetings
.
(
Staff
Reference
:
City
Clerk
/
Agency
Secretary
Smith
)
CC
/
SA
/
PCA
-
January
12 ,
2022
CC
-
January
19 ,
2022
Motion
:
Approve
all
item
listed
on
the
Consent
Calendar
with
the
exception
of
Items
11.3 and
11.4 .
Moved
by
Austin
Bishop
,
seconded
by
Juan
Carrillo
.
Vote
:
Motion
carried
(
4 -
0 )
Yes
:
Richard
J
.
Loa
,
Juan
Carrillo
,
Austin
Bishop
,
Laura
Bettencourt
.
Absent
:
Steven
Hofbauer
.
12 )
PUBLIC
HEARING
12.1 )
Public
Hearing
to
review
and
consider
the
redistricting
draft
maps
recommended
by
the
Advisory
Redistricting
Commission
.
(
Staff
Reference
:
Acting
City
Manager
Perez
)
Item
12.1 was
heard
at
7 :
30 p
.
m
.
Mayor
Hofbauer
opened
the
Public
Hearing
.
Acting
City
Manager
Perez
provided
a
brief
overview
of
the
staff
report
.
City
Attorney
Beck
provided
additional
information
to
Council
.
Mr
.
Beck
stated
the
City
Council
may
elect
to
do
one
of
two
things
:
1 )
Direct
staff
to
introduce
an
Ordinance
approving
one
of
the
Commission
'
s
recommended
maps
for
sequencing
or
2 )
Reject
the
maps
in
sequencing
and
return
to
the
Commission
for
reconsideration
with
the
statement
of
the
reasons
for
such
disapproval
and
request
the
Commission
to
modify
the
map
sequencing
or
review
them
.
If
the
Council
rejects
the
Commission
'
s
recommendations
,
the
Commission
will
have
up
to
seven
(
7 )
days
to
submit
a
revised
map
for
sequencing
to
the
City
Council
for
their
consideration
and
upon
receipt
of
the
revised
maps
the
City
Clerk
will
immediately
cause
the
maps
to
be
published
for
seven
(
7 )
day
public
review
period
as
had
occurred
.
The
following
individuals
provided
public
comments
:
Marcos
Alvarez
commented
that
the
ALVA
map
is
viable
and
legal
and
thanked
the
Advisory
Redistricting
Commission
for
the
public
workshops
.
Xavier
Flores
spoke
regarding
the
selection
of
the
maps
by
the
Advisory
Redistricting
Commission
and
the
decision
-
making
power
of
community
residents
.
Jason
Zink
suggested
a
Central
Council
District
.
Ruth
Sanchez
and
Maria
Mainella
spoke
in
support
of
the
ALVA
map
.
CC
-
SA
Minutes
02 /
02 /
2022
6 Suzann
Reina
,
Chair
of
Advisory
Redistricting
Commission
,
commented
on
the
maps
selected
by
the
Commission
and
clarified
the
difference
between
a
committee
and
commission
.
Dave
Bowman
commented
regarding
the
map
selection
process
.
A
motion
was
made
and
carried
unanimously
to
close
the
Public
Hearing
Mayor
Hofbauer
asked
City
Attorney
Beck
for
clarification
on
whether
District
3 and
4 are
the
only
seats
that
will
be
up
for
election
in
2022
and
if
the
current
seats
stay
in
place
for
District
1 and
2 .
City
Attorney
Beck
stated
that
Elections
Code
21606
reads
the
term
of
office
of
any
Councilmember
who
has
been
elected
and
whose
term
of
office
has
not
expired
shall
not
be
affected
by
any
change
in
the
boundaries
of
the
district
from
which
the
Councilmember
was
elected
.
Mayor
Hofbauer
stated
some
of
the
debate
of
the
attempt
to
try
to
salvage
someone
else
'
s
seat
for
November
does
not
apply
.
Mayor
Pro
Tern
Loa
expressed
his
concerns
regarding
both
maps
recommended
by
the
Advisory
Redistricting
Commission
.
Discussion
ensued
.
Mayor
Pro
Tern
Loa
requested
that
the
maps
be
rejected
and
returned
back
to
the
Commission
;
and
that
a
new
recommendation
be
made
.
Councilmember
Bettencourt
inquired
whether
the
Council
would
be
comfortable
reviewing
the
original
four
(
4 )
maps
originally
discussed
by
the
Commission
instead
of
sending
them
back
to
the
Advisory
Redistricting
Commission
.
City
Attorney
Beck
stated
it
is
a
procedural
issue
and
prior
to
a
map
being
adopted
it
must
be
published
for
seven
(
7 )
days
and
the
preferred
method
would
be
to
return
the
matter
to
the
Advisory
Redistricting
Commission
with
a
recommendation
that
they
send
forth
the
four
(
4 )
maps
so
that
those
can
be
published
within
the
required
time
in
advance
of
the
hearing
.
Councilmember
Bishop
agreed
with
Councilmember
Bettencourt
.
Councilmember
Carrillo
commented
on
the
selected
maps
,
the
Hispanic
percentage
in
the
districts
,
and
voter
registration
.
Discussion
ensued
.
Councilmember
Bettencourt
asked
why
gender
was
not
considered
in
the
demographics
.
Kristen
Parks
,
National
Demographics
Corporation
,
provided
clarification
.
Discussion
ensued
.
Mayor
Hofbauer
commented
on
the
demographic
balance
of
the
districts
.
Discussion
ensued
.
Councilmember
Bettencourt
requested
clarification
on
the
responsibilities
of
the
Advisory
Redistricting
Commission
.
Discussion
ensued
.
CC
-
SA
Minutes
02 /
02 /
2022
7 Councilmember
Bettencourt
withdrew
the
original
motion
.
Councilmember
Carrillo
made
a
motion
to
adopt
the
ALVA
map
.
The
motion
died
for
the
lack
of
a
second
.
Motion
:
Move
to
send
the
maps
back
for
reconsideration
to
the
Advisory
Redistricting
Commission
for
selection
of
maps
that
meet
the
criteria
of
the
fair
maps
act
.
Moved
by
Richard
J
.
Loa
,
seconded
by
Steven
Hofbauer
.
Vote
:
Motion
carried
(
4 -
1 )
Yes
:
Steven
Hofbauer
,
Richard
J
.
Loa
,
Austin
Bishop
Bettencourt
.
No
:
Juan
Carrillo
.
Laura
Marcos
Alvarez
and
Ruth
Sanchez
commented
in
opposition
to
Council
'
s
decision
to
send
the
maps
back
to
the
Advisory
Redistricting
Commission
Mayor
Hofbauer
excused
himself
from
the
meeting
at
8 :
30 p
.
m
.
13 )
INFORMATIONAL
REPORT
FROM
MAYOR
AND
/
OR
COUNCILMEMBERS
ON
THEIR
VARIOUS
COMMITTEE
MEMBERSHIPS
AND
MEETINGS
ATTENDED
AT
PUBLIC
EXPENSE
13.1 )
COMMITTEE
MEMBERSHIPS
.
ANTELOPE
VALLEY
AIR
QUALITY
MANAGEMENT
DISTRICT
-
Councilmember
Bishop
announced
the
City
of
Palmdale
Public
Works
Department
received
$
203
,
000
in
grant
funds
for
a
street
sweeper
.
ANTELOPE
VALLEY
TRANSIT
AUTHORITY
-
Mayor
Pro
Tern
Loa
attended
the
meeting
on
January
25 th
and
announced
the
AVTA
is
the
first
and
largest
all
electric
local
bus
fleet
in
the
nation
and
accomplished
an
important
milestone
of
mounting
up
to
seven
million
miles
of
zero
emissions
bus
operations
in
the
Antelope
Valley
through
AVTA
LOS
ANGELES
COUNTY
SANITATION
DISTRICT
-
Mayor
Pro
Tern
Loa
attended
the
monthly
meeting
.
NORTH
LOS
ANGELES
COUNTY
TRANSPORTATION
COALITION
-
Councilmember
Bishop
announced
he
was
elected
as
Chair
and
he
will
be
focused
on
making
improvements
to
the
14 freeway
.
Mr
.
Bishop
mentioned
the
City
of
Palmdale
will
meet
with
Santa
Clarita
Valley
to
discuss
solutions
that
were
implemented
to
bring
down
fatalities
.
PALMDALE
RECYCLED
WATER
AUTHORITY
-
Councilmember
Bishop
reported
a
new
chair
was
selected
and
the
PRWA
is
researching
ways
of
using
recycled
water
from
the
Sanitation
District
.
SOUTHERN
CALIFORNIA
ASSOCIATION
OF
GOVERNMENTS
REGIONAL
COUNCIL
-
Councilmember
Carrillo
reported
attending
a
joint
meeting
on
January
14 th
with
North
Los
Angeles
County
Transportation
CC
-
SA
Minutes
02 /
02 /
2022
8 Coalition
and
SCAG
to
collaborate
on
traffic
issues
and
fatalities
in
the
Northern
County
.
Mayor
Pro
Tem
Loa
attended
a
SCAG
meeting
on
the
Aeronautics
Commission
and
discussed
the
Ontario
airport
.
Councilmember
Carrillo
attended
the
recreational
center
workshop
at
Marie
Kerr
Park
.
Councilmember
Bettencourt
attended
the
recreational
center
workshop
at
Oasis
Park
.
Mayor
Pro
Tem
Loa
attended
the
Palmdale
Sheriffs
booster
and
a
Caltrans
meeting
.
13.2 )
MEETINGS
ATTENDED
AT
PUBLIC
EXPENSE
14 )
CITY
MANAGER
’
S
REPORT
Acting
City
Manager
Perez
reported
the
following
:
There
was
a
great
turn
out
at
the
workshops
for
the
regional
recreation
center
.
The
Measure
AV
Committee
met
last
week
and
appointed
one
of
the
commissioners
and
an
alternate
to
be
a
part
of
the
selection
committee
on
the
grant
program
,
and
84 applications
were
received
for
grants
.
Discussion
ensued
.
15 )
CITY
COUNCIL
REQUESTS
FOR
NEW
AGENDA
ITEMS
Councilmember
Carrillo
requested
review
of
appointments
to
the
Measure
AV
Committee
.
He
also
requested
an
update
on
the
Quimby
Act
.
Mayor
Pro
Tem
Loa
requested
a
resolution
be
brought
back
to
a
future
meeting
regarding
a
No
Vote
of
Confidence
for
the
District
Attorney
.
CC
-
SA
Minutes
02 /
02 /
2022
9 16
)
Adjourn
Mayor
Pro
Tem
Loa
adjourned
the
meeting
at
9 :
32 p
.
m
.
to
February
16 ,
2022
at
7 :
00 p
.
m
.
in
the
City
Hall
Council
Chamber
located
at
38300
Sierra
Highway
,
Suite
B
,
Palmdale
,
California
.
PASSED
,
APPROVED
,
and
ADOPTED
this
2 nd
day
of
March
2022
.
Steven
D
.
Hofbauer
,
Mayor
ATTEST
:
:
'
4 MU
Shana
^
S
.
Smith
,
'
City
Clerk
/
CC
-
SA
Minutes
02 /
02 /
2022
10