CC/SA/HA/IDA/PAA/PCA/PFA Minutes 06/15/2022 1
MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
JUNE 15, 2022
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETING TO ORDER
Mayor Hofbauer called the meeting to order at 5:05 p.m.
2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS
CARRILLO, BISHOP, BETTENCOURT
PRESENT: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
ABSENT: Juan Carrillo.
City Clerk Smith stated Councilmember Carrillo was running late.
Mayor Hofbauer moved item 4.1 forward at this time.
Councilmember Carrillo arrived at 5:05 and was able to participate in all matters.
3) PUBLIC COMMENTS
The following individuals provided public comments:
Michelle Flanagan reported four fires within the last two weeks in Leona Valley and opposed the Ritter Ranch project.
Carl Piercy stated infrastructure is lacking for the Ritter Ranch Project, specifically the 14 freeway improvements.
Peggy Fuller spoke in opposition of the Ritter Ranch Project and expressed concerns regarding the Native American artifacts located on the Ritter Ranch property.
Mario Presents commented on the Ritter Ranch Project and the lack of fire protection.
Alesia Robertson shared comments regarding an additional fire department, the current traffic, and the lack of water for the Ritter Ranch project.
Mario Presents, Rich Gallego, Garlena Davis, and Abraham Saucedo commented in opposition to the hiring of John L. Jones II.
Carol Ross read scripture and prayed for Council.
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Alenna Schofield expressed concerns regarding the hiring of John L. Jones II, Measure AV disbursements and the lack of representation for ethnic groups.
Dave Bowman shared comments in opposition to city leadership.
Kevin Shenkman congratulated Councilmember Carrillo and commented in favor of hiring John L. Jones II.
4) MEETING MANAGEMENT ITEM
4 . 1 ) Adopt Resolution No. CC 2022 -078, a Resolution of the City Council of the City of Palmdale Authorizing Remote Teleconference Participation for Meetings of the City Council and its Subordinate Legislative Bodies Between June 15, 2022 and July 15, 2022. (Sta ff Reference: Acting City Attorney Porter)
Acting City Attorney Porter provided Council with a brief overview of the staff report.
Motion: Adopt Resolution No. CC 2022-078.
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.
5) PRESENTATION BY CITY ATTORNEY
Acting City Attorney Porter confirmed that items would be heard as listed.
5.1) 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
5.2) 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
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5.3) 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: Shanae Smith
City Claim No.: 2022-005
Date Filed: 1/10/22
Date of Loss: Various
5.4) 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).
5.5) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Marian K. Allen vs. City of Palmdale, et al.
Los Angeles Superior Court
Case No. 21AVCV00824
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5.6) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Leona Valley Town Council vs. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCP01932
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1)
5.7) 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).
5.8) The reason for holding a Closed Session is for the purpose of:
PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Attorney
5.9) CONFERENCE WITH LABOR NEGOTIATORS
City Representatives: Ronda Perez, Interim City Manager and Patricia Nevarez, Human Resources Manager
Position: Interim City Attorney
Unrepresented Employee: John Jones, Interim City Attorney
This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.
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6) ANNOUNCEMENT BY CITY ATTORNEY
Acting City Attorney Porter reported the following:
Item 5.5 - The City Council authorized the filing of a cross complaint. 5 -0 vote Item 5.6 - The City Council authorized the filing of a cross complaint. 5 -0 vote There was no reportable action taken on the other agenda items. 7) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the Closed Session meeting at 8:28 p.m.
7:00 P.M.
Mayor Hofbauer called the meeting to order at 8:30 p.m. 8) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
Riley Mellin led the pledge of allegiance.
9) ROLL CALL
MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR/CHAIR PRO TEM LOA,
COUNCILMEMBERS/DIRECTORS/MEMBERS/COMMISSIONERS CARRILLO,
BISHOP, BETTENCOURT, FRAGA-SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt Christina Fraga-Saenz, Phil Denny.
ABSENT: Austin Bishop.
Motion: Excuse the absence of Councilmember Bishop.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (6-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny
10) 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 (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Austin Bishop.
Mayor Hofbauer stated based on the fact that there was no action taken on 5.8 and
5.9, item 16.3 would be removed from the agenda.
Motion: Remove Item 16.3 from the agenda.
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Moved by Steven Hofbauer, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Austin Bishop.
Motion: Add a presentation to the agenda for volunteers that were instrumental in providing food and PPE materials to the unhoused.
Moved by Steven Hofbauer, seconded by Richard J Loa.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Austin Bishop.
11) PUBLIC COMMENTS
Sky Jung invited the public and city staff to attend the Palmdale Pride Walk to be held on June 26th at 9:00 a.m. starting at the Palmdale Playhouse.
Dave Bowman expressed concerns regarding public participation in the meeting and the law enforcement contract.
Eugene Hernandez requested a moment of silence for the victims of the Uvalde, Texas shooting and called for transparency in city government.
The following individuals encouraged Council to provide more support for the unhoused population: Ron Kasan, Ishmael Gaven, Marcia Garcia, Moari Howard, Markeisha Nairn, Maurice Banks, Van Roberts, Tamnie Lang, and Julie Griswell.
Vladimir Gomez advocated for organizations requesting Measure AV funds and requested transparency of funds.
Jason Zink welcomed the new City Attorney, commented on how public comments are being handled, the homeless shelt er, fire danger, erecting a monument to Steve Knight, and election reform.
Stacia Nemeth commented in opposition to 14.3
Lourdes Everett opposed 15.1.
Victor Ramirez, Pueblo Y Salud, asked about codification of an ordinance related to single serve alcohol.
Lorraine Rowe, Denise Gregg, Laverne Harman, Jill Thomas opposed the removal of V. Jessie Smith from the Planning Commission.
Dr. Roger Girion, Antelope Valley Hospital Foundation, shared comments regarding Measure AV grant allocations.
Marcos Alvarez congratulated Juan Carrillo and implored the Council to invest in a women's shelter.
Gleydy Colmenares requested support for all non-profit organizations.
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Eduardo Lopez expressed views on the lack of support for Latinos and African American organizations.
Nancy Rodriguez, Felix Menendez spoke in support of SALVA receiving Measure AV funds
Rich Gallego commented regarding illegal use of Measure AV disbursements by recipients
Yule Gevargis asked for a report on Measure AV funds and for information on the power purchase agreement.
Karen Davis, representative of Antelope Valley Toys for Tots, requested Measure AV grant funds.
Mario Presents, Amanda Palmer, Abraham Salcedo, Melissa Chavez requested the recusal of Councilmember Carrillo from the vote regarding Measure AV funds.
Alicia Noterman, Dynamic Therapy Solutions, expressed the importance of the organization receiving Measure AV grant funds
Kelli Mactaggart spoke in support of Dynamic Therapy Solutions receiving Measure AV grant funds
Melissa Chavez, Mark Napalitano, and Adrianna Salcedo requested transparency of recipients awarded Measure AV funds.
Brenda Avadian, volunteer for CERT, shared comments regarding the disbursement of Measure AV funds.
Mayor Hofbauer made a motion to continue the City Council meeting past 10:30 pm, the motion died for a lack of second.
Motion: Continue the City Council meeting to June 16, 2022 at 5:00 p.m.
Moved by Steven Hofbauer, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Austin Bishop.
12) CONSENT CALENDAR
Consent Calendar Items 12.1 through 12.8 were not heard.
12.1) Adopt Resolution No. CC 2022 -067, a Resolution of the City Council of the City of Palmdale establishing an appropriations limit for Fiscal Year 2022-23 pursuant to Article XIII B of the California Constitution and repeal Resolution No. CC 2021-064. (Staff Reference: Director of Finance Samson)
12.2) Approve blanket purchase order 20230001 with Amazon Capital Services, Inc. dba Amazon Business in an amount not to exceed $172,240.00 for FY 2022-23 to procure office & operating supplies, program supplies, equipment, technology equipment, and furniture. (Staff Reference: Director of Finance Samson)
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12.3) Approve Purchase Order No. 20230000 with Walsma Oil Company, Inc. for Diesel and Unleaded Fuel, Motor Oil and Lubricants in an amount not to exceed $450,000. (Staff Reference: Director of Public Works Heffernan)
12.4) Approve Contract Services Agreement with FirstCarbon Solutions to perform ongoing Planning and Permitting efforts for the Palmdale Warehouse Project located at 10th Street West and Avenue M. (Staff Reference: Directo r of Economic and Community Development Garibay)
12.5) Adopt Resolution No.CC 2022 -073, a Resolution of the City Council of the City of Palmdale Amending the City’s Clarification and Pay Plan for General Positions. (Staff Reference: Director of Finance Samson)
12.6) Adopt Resolution No. CC 2022 -074, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay plan for Bargaining Unit Positions. (Staff Reference: Director of Finance Samson)
12.7) Adopt Resolution No. CC 2022 -075, a Resol ution of the City Council of the City of Palmdale Amending the City’s Classification and Pay plan for Parks & Recreation Unbenefited Positions. (Staff Reference: Director of Finance Samson)
12.8) Adopt Resolution No.CC 2022 -076, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay Plan for "Y" Rated Positions. (Staff Reference: Director of Finance Samson) 13) JOINT PUBLIC HEARING CC/SA/HA/IDA/PAA/PCA/PFA
Item 13.1 was not heard.
13.1) Public Hearing and Review of Proposed Joint Resolution Nos. CC 2022 -066, SA 2022-004, PCA 2022-002, HA 2022-001, IDA 2022-001, PAA 2022-001, and PFA 2022 -001 approving the Annual Operating and Capita l Budget for Fiscal Year 2022-23. (Staff Reference: Director of Finance Samson)
A Joint Resolution of the City Council of the City of Palmdale, the Successor Agency to the Community Redevelopment Agency of the City of Palmdale, the Palmdale Civic Authorit y, the Housing Authority of the City of Palmdale, the Industrial Development Authority, the Palmdale Airport Authority of the City of Palmdale, and the Palmdale Financing Authority approving and adopting the City of Palmdale's Annual Budget for Fiscal Year 2022-23, and approving revenue and expenditure adjustments to Fiscal Year 2021-22.
14) PUBLIC HEARING
Items 14.1 through 14.3 were not heard.
14.1) Public Hearing and Review of Proposed Resolution No. CC 2022 -064. (Staff Reference: Director of Finance Samson)
Resolution No. CC 2022 -064, a Resolution of the City Council of the City of Palmdale, approving the initial rates and rate setting parameters for Energy for Palmdale's Independent Choice Community Choice Aggregation Program
14.2) Public Hearing and Review of Pro posed Resolution No. CC 2022 -065 for adoption, regarding an updated city wide fee schedule. (Staff Reference:
Director of Finance Samson)
Adopt Resolution No. CC 2022 -065, A Resolution of the City Council of the City Council of the City of Palmdale restati ng in its entirety the Palmdale