05 18 2022 Minutes CC/SA/HA/IDA/PAA/PCA/PFA 1
MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
MAY 18, 2022
www.cityofpalmdale.org
5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Hofbauer called the meeting 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
Dave Bowman expressed concerns regarding the use of Measure AV funds and the Los Angeles County Sheriff's Department contract.
4) PRESENTATION BY CITY ATTORNEY
City Attorney Beck confirmed the items would be heard as listed.
4.1) CONFERENCE WITH LABOR NEGOTIATORS
City representatives: Councilmembers Carrillo and Bishop Unrepresented employee: Christopher Beck, City Attorney
This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.
4.2) This Closed Session is being held pursuant to California Government Code 54957.
APPOINTMENT OF PUBLIC EMPLOYEE
Position: Acting/Interim City Attorney
4.3) 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
05 18 2022 Minutes CC/SA/HA/IDA/PAA/PCA/PFA 2
4.4) 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: Michael Behen
City Claim No.: 2022-008
Date Filed: 02/09/22
Date of Loss: Various
4.5) 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
Date of Loss: Various
4.6) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One.
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.
City Attorney's Office
4.7) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Ricci v.
City of Palmdale, et al. Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.8) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the California Government Code. Number of Cases: One. 5) ANNOUNCEMENT BY CITY ATTORNEY
All Councilmembers were present and able to participate in all items.
Item 4.1 Conference with Labor Negotiators and Item 4.2 Appointment of Interim City Attorney; the City attorney having previously submitted his res ignation and entered into a separation agreement with the City, the City Council has on a 4 -1 vote with Councilmember Carrillo dissenting, agreed to appoint Scott Porter Acting City Attorney when the position becomes vacant.
Item 4.3 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.
05 18 2022 Minutes CC/SA/HA/IDA/PAA/PCA/PFA 3
Item 4.4 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 4.5 Conference with Legal Counsel – Anticipated Litiga tion: Council was provided an update on this matter and provided unanimous direction to staff. There was no further reportable action.
Item 4.6 Conference with Legal Counsel – Anticipated Litigation: Council was provided an update on this matter. There was no further reportable action.
Item 4.7 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 4.8 Conference with Legal Counsel – Anticipated Litigation/Initiation: Council was provided an update on this matter. There was no further reportable action.
6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the meeting at 6:59 p.m.
7:00 P.M.
Mayor Hofbauer called the meeting to order at 7:04 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
8) ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR/CHAIR
PRO TEM LOA, COUNCILMEMBERS/DIRECTORS/COMMISSIONERS/
MEMBERS CARRILLO, BISHOP, BETTENCOURT COMMISSIONERS FRAGA-
SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
ABSENT: None.
9) 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 Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
10) PUBLIC COMMENTS
Michelle Benitez expressed concerns over a citation received for the lack of proper landscaping and the enforcement of water restrictions by water companies. Mayor Hofbauer directed her to Community Compliance Supervisor Gallagher.
05 18 2022 Minutes CC/SA/HA/IDA/PAA/PCA/PFA 4
11) CONSENT CALENDAR
11.1) Approve Agreement with Garden State Fireworks, Inc. to provide pyrotechnic services at the Palmdale Amphitheater, in an amount not to exceed $125,630 for a three (3) year term with two (2) one -year options. (Staff reference: Director of Parks and Recreation Smith)
Mayor Pro Tem Loa pulled this item for discussion and questioned the fifty percent penalty in the contract for cancelling the event. Deputy D irector of Parks and Recreation Dombrowski stated it is standard contract language to protect the vendor.
Motion: Approve Agreement with Garden State Fireworks, Inc. to provide pyrotechnic services at the Palmdale Amphitheater.
Moved by Richard J Loa, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
11.2) Approve appropriation of $66,500 from Measure AV unappropriated fund balance for portable handheld radios to be u sed by Community Compliance Division, comprised of Code Enforcement, Neighborhood Compliance, and Community Service Officers. (Staff Reference: Director of Neighborhood Services Miller - Presented by Community Compliance Coordinator Villa) Councilmember Bettencourt pulled this item and recused herself. Mayor Hofbauer asked if the handheld radios were for city staff to communicate with the Sheriff's Department and Community Compliance Manager Gallagher confirmed the radios are compatible and will be used by Community Compliance Officers with the Sheriff's Department.
Motion: Approve appropriation of $66,500 from Measure AV unappropriated fund balance for portable handheld radios to be used by Community Compliance Division, comprised of Code E nforcement, Neighborhood Compliance, and Community Service Officers.
Moved by Richard J Loa, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop. 12) JOINT BUDGET WORKSHOP PRESENTATION CC/SA/HA/IDA/PAA/PCA/PFA
12.1) Presentation of City of Palmdale Proposed Budget for Fiscal Year 2022-23. (Staff Reference: Director of Finance Samson)
Director of Finance Samson, Interim City Manager Perez, and Director of Neighborhood Services Miller provided a detailed overview of the budget.
Mayor Pro Tem Loa directed staff to provide budget books early for Council's review.
Some of the topics discussed were:
• City fund reserves of 30%
• Potential decrease in property values and increase of interest rates for real estate
05 18 2022 Minutes CC/SA/HA/IDA/PAA/PCA/PFA 5
• Cost of living adjustments for city staff and personnel enhancements • Capital improvement and transportation projects funded through special revenue funds
• American Rescue Plan Act (ARPA) funds and qualifying uses • Allocation of Measure AV funds
13) ADJOURN HOUSING AUTHORITY
Mayor Hofbauer adjourned the Housing Authority at 9:08 p.m.
Mayor called for a recess from 9:08 p.m. - 9:18 p.m.
14) WORKSHOP PRESENTATION
14.1) Presentation by NBS regarding Community Facilities District formation. (Staff Reference: Director of Public Works Heffernan)
Director of Public Works Heffernan introduced Director Sara Mares of NBS who provided a PowerPoint presentation on forming a Community Facilities District.
Mayor Hofbauer asked the difference between a CFD and a Landscape Maintenance District (LMD ). Mr. Heffernan stated with the CFD you have the ability to bring in different services and apply it to different projects and the landscape lighting act districts have restrictions for use and a two -thirds vote is required of all the people who live in the district.
Councilmember Carrillo asked if the existing LMD's will remain as LMD's.
Director of Public Works Heffernan stated for now, but ultimately, they would like to bring the LMD's down to an imaginable number or bring them into the current Community Facility District (CFD). Councilmember Carrillo asked if it was possible for the property owners of an existing LMD to remain on the LMD and Director of Public Works Heffernan stated it would go to a vote.
There was additional discussion regarding the allocation of LMD funds.
15) APPOINTMENTS
15.1) Approve Reappointments of General Plan Advisory Committee Members. (Staff Reference: City Clerk Smith)
Motion: Approve Reappointments of General Plan Advisory Committee Members. (Staff Reference: City Clerk Smith)
Moved by Richard J Loa, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
16) PUBLIC HEARING
16.1) Public Hearing and Review of Proposed Resolution No. CC 2022-059 for adoption. (Staff Reference: Director of Economic and Community Development Garibay - Presented by Associate Planner Sauder)
05 18 2022 Minutes CC/SA/HA/IDA/PAA/PCA/PFA 6
Senior Planner Magana read the title of Resolution No. CC 2022-059 and provided a PowerPoint presentation.
RESOLUTION NO. CC 2022-059, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALMDALE APPROVING DENSITY BONUS
AGREEMENT 22 -002 (A -7912); A REQUEST FOR A DENSITY BONUS AGREEMENT FOR MINOR SITE PLAN REVIEW 22 -002; A REQUEST TO
CONSTRUCT A MULITPLE -FAMILY RESIDENTIAL DE VELOPMENT
LOCATED EAST OF 9TH STREET EAST APPROXIMATELY 100 FEET
SOUTH OF EAST AVENUE Q (APN: 3008-040-012)
Mayor Hofbauer opened the Public Hearing.
Jason Zink expressed concerns regarding the project being piecemealed and the lack of sidewalks.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-059.
Moved by Juan Carrillo, seconded by Austin Bishop.
Vote: Motion carried (4-1)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop.
No: Laura Bettencourt.
16.2) Public Hearing to hear public comments on the Draft 2022 -2023 Action Plan and proposed expenditure of Consolidated Plan funds; Review and approve the 2022-2023 Action Plan; and Authorize the City Manager or their designee to make necessary changes and submit the 2022 -2023 Action Plan, execute documents related to the submission of the Action Plan and agreements for Sub-Recipients and the Fair Housing Provider. (Staff Refer ence: Director of Neighborhood Services Miller- Presented by Housing Manager Reyes)
Housing Manager Reyes provided a detailed overview of the staff report.
Mayor Hofbauer opened the Public Hearing.
The following individuals provided public comments:
Jason Zink voiced his support for senior assistance.
Dave Bowman encouraged Council to listen to the constituents and support the seniors.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Approve the recommendations and findings as listed in the staff report.
Moved by Richard J Loa, seconded by Juan Carrillo.
Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.