CC/HA Minutes 7/20/2022 1
MINUTES
CITY COUNCIL/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
JULY 20, 2022
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETING TO ORDER
Mayor Pro Tem Loa called the meeting to order at 5:03 p.m.
2) ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR LOA,
COUNCILMEMBERS/COMMISSIONERS CARRILLO, BISHOP, BETTENCOURT,
FRAGA-SAENZ, DENNY
PRESENT: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
ABSENT: Steven Hofbauer.
Interim City Manager Perez read a statement submitted by Mayor Hofbauer regarding his absence.
Motion: Excuse the absence of Mayor Hofbauer.
Moved by Richard J Loa, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
The following individual provided public comment:
Laurel Forrest shared comments in support of former City Manager J.J. Murphy.
Mayor Pro Tem Loa read the following statement: After the agenda was posted the city learned of some facts and circumstances that in the City Attorney's opinion constitute significant exposure of litigation against the city and the City Attorney advised that it was appropriate to add one agenda item of "Conference with Legal Counsel Anticipated Litigation" because of the urgent need to discuss immediately.
Mayor Pro Tem Loa stated, however, the Council may only add the matter for discussion by the City Council if it finds by a minimum of 4 votes that the facts were learned 1) after the the agenda was posted and 2) there is a need to take immediate action.
Council requested more information. Acting City Attorney Porter recommended Council vote to approve the additional Closed Session item.
CC/HA Minutes 7/20/2022 2
Motion: Move to add Closed Session item.
Moved by Laura Bettencourt, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
Interim City Manager Perez announced as a result of a lack of all Members attending the Council meeting, and based on the statement she read from Mayor Hofbauer, there would be no action taken on the Measure AV item due to conflicts and the matter would be ported over to the August 17 meeting. Councilmember Carrillo asked about an option for emergency/urgency to hear the Measure AV item and Acting City Attorney stated a legal necessity is required.
Motion: Continue the Measure AV item to August 17, 2022.
Moved by Laura Bettencourt, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
4) PRESENTATION BY CITY ATTORNEY
Acting City Attorney Porter confirmed the items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Community Development Associates, et al. vs. City of Palmdale, et al.
Los Angeles Superior Court Case No. 18STCV06968
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 Community Development Associates, et al. vs. Housing Authority of the City of Palmdale, et al.
Los Angeles Superior Court Case No. 18STCV06968
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 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)
4.4) CONFERENCE WITH LABOR NEGOTIATORS
City Representatives: Ronda Perez, Interim City Manager and Patricia Nevarez, Human Resources Manager
Position: Interim City Attorney
Unrepresented Employee: Scott E. Porter, Interim City Attorney
This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.
CC/HA Minutes 7/20/2022 3
4.5) 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).
4.6) 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).
4.7) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Government Code Section 54956.9(d)(1).
Name of case: John J. Murphy v. City of Palmdale;
Los Angeles County Superior Court Case Number: 22STCV22544 Related City Claim Number: 2022-007
5) ANNOUNCEMENT BY CITY ATTORNEY
Acting City Attorney Porter announced there was no reportable action.
6) ADJOURN CLOSED SESSION MEETING
Mayor Pro Tem Loa adjourned the Closed Session meeting at 7:40 p.m.
7) ADJOURN HOUSING AUTHORITY MEETING
Mayor Pro Tem Loa adjourned the Housing Authority meeting at 7:40 p.m.
7:00 P.M.
Mayor Pro Tem Loa called the meeting to order at 7:41 p.m.
8) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
Phil Denny, Housing Commissioner led the pledge of allegiance.
9) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS
CARRILLO, BISHOP, BETTENCOURT
PRESENT: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
ABSENT: Steven Hofbauer.
Interim City Manager Perez read a statement submitted by Mayor Hofbauer regarding his absence.
Motion: Excuse the absence of Mayor Hofbauer.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
CC/HA Minutes 7/20/2022 4
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 Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
11) PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC
HEARINGS)
Interim City Manager Perez announced that item 15.2, awarding Measure AV grant dollars, would be pushed to the August 17, 2022, meeting due to lack of quorum considering the conflicts of the Councilmembers present.
The following individuals provided public input:
Rosie Mainella spoke in support of the current Planning Commissioners.
Ruth Sanchez expressed the importance of approving the Measure AV item.
City Attorney Porter provided clarification to the citizens on the postponement of the Measure AV item.
Due to technical difficulties the meeting was recessed at 7:55 p.m. to 8:05 p.m.
Kevin Shenkman spoke regarding conflicts of interest, voting on Measure AV items and adding Closed Session items.
Eric Ohlsen commented on the lack of information for the additional Closed Session item, and the inability to vote on the Measure AV item.
Marcos Alvarez encouraged Counci l to provide a solution for the disbursement Measure AV funds.
Xavier Flores stressed the importance of disbursing Measure AV funds to help those in need.
A motion was made and carried unanimously to close the Public Comment section.
12) CONSENT CALENDAR
12.1) Approve Purchase Order No. 20230005 with Nixon-Egli Equipment Company of Southern California for a new 2021 Demo Unit Petersen TL3 Lightning Loader Grapple Truck in an amount not to exceed $224,587. (Staff Reference: Director of Public Works Heffernan)
12.2) Adopt Resolution No. CC2022 -079, a Resolution of the City Council of the City of Palmdale adopting the Joint Resolution of the Board of Supervisors of CC/HA Minutes 7/20/2022 5
the County of Los Angeles acting on behalf of the Los Angeles County General Fund and the Los Angeles County Consolidated Fire Protection District, the Board of Directors of County Sanitation District No. 14 of Los Angeles County, and the governing bodies of the Antelope Valley Cemetery District, Antelope Valley Resource Conservation District, City of Palmdale, Antelope Valley-East Kern Water Agency, and the Antelope Valley Mosquito and Vector Control District approving and accepting negotiated exchange of property tax revenues resulting from Annexation No. 14 -433 to County Sanitation District No. 14. (Staff Reference: Director of Public Works Heffernan)
12.3) Award construction agreement with R.C. Becker and Son, Inc., for PN 761, Palmdale Civic Center Complete Streets Project, in the amount of $6,405,637 for a term of 12 months from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
Motion: Approve all items as listed on the Consent Calendar.
Moved by Laura Bettencourt, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
13) PUBLIC HEARING
13.1) Public Hearing and Review of Proposed Resolution No. CC 2022 -071 for adoption. (Staff Reference: Director of Economic and Community Development Garibay)
Business License Coordinator Andrews provided a detailed overview of the staff report and read the title of Resolution No. CC 2022-071.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING GUN DEALER PERMIT 22 -07 FOR PUNG WHEA INC.
DOING BUSINESS AS BEEEFT LOCATED AT 550 WEST RANCHO VISTA
BOULEVARD, SUITE G
Councilmember Bettencourt asked a bout the security measures to protect the gun shop from theft. Paul Rangel, applicant, provided clarification to Council regarding security measures that will be implemented to protect the business from theft.
The following individuals provided public input:
Eugene Hernandez and Laurel Forrest spoke in opposition to the approval of the gun shop.
Marcos Alvarez expressed concerns regarding the approval of the gun shop.
David Harris, Jason Zink, Amanda Palmer, and Mario Presents commented in support of the gun shop.
CC/HA Minutes 7/20/2022 6
Xavier Flores expressed his views regarding gun violence and restriction laws.
Kevin Shenkman made neutral comments related to the approval of the gun shop.
Ruth Sanchez expressed concerns regarding Mayor Hofbauer and the Measure AV item.
Getro Elize commented on the access and misuse of weapons.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-071.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (3-1)
Yes: Richard J Loa, Austin Bishop, Laura Bettencourt.
No: Juan Carrillo.
Absent: Steven Hofbauer.
13.2) Public Hearing and Review of Proposed Resolution No. CC 2022 -072 for adoption. (Staff Reference: Director of Economic and Community Development Garibay)
Business License Coordinator Andrews provided a brief overview of the staff report and read the title of Resolution No. CC 2022-072.
Mayor Pro Tem Loa opened the Public Hearing.
The following individuals provided public input:
Eugene Hernandez commented regarding the ABC alcohol training permit.
Xavier Flores asked Council to consider limiting the operating hours for this business.
Discussion ensued regarding the hours for entertainment and the violation of the Conditional Use Permit (CUP). Ray Santillian, representative for the applicant, clarified the business hours.
Ruth Sanchez, Marcos Alvarez, Jason Zink, and Amanda Palmer commented in support of the business.
A motion was made and carried unanimously to close the Public Hearing.
Motion: Adopt Resolution No. CC 2022-072.
Moved by Austin Bishop, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
CC/HA Minutes 7/20/2022 7
14) APPOINTMENTS
14.1) Removal and Appointment and/or Reappointment of Planning Commissioners. (Staff Reference: Acting City Attorney Porter)
Acting City Attorney Porter provided Council with clarification on the Palmdale Municipal Code for appointing Planning Commissioners.
Motion: Appoint Dean Henderson to District 2.
Moved by Richard J Loa, seconded by Juan
Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
Motion: Appoint Christina Fraga-Saenz to District 1.
Moved by Austin Bishop, seconded by Richard J
Loa.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
Motion: Appoint Stacia Nemeth to District 5.
Moved by Laura Bettencourt, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
Motion: Appoint Marcos Alvarez for District 3.
Moved by Laura Bettencourt, seconded by Juan Carrillo.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
Motion: Appoint Getro Elize to District 4.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
14.2) Approve Appointment to the Palmdale Aerospace Academy. (Staff Reference: Deputy City Clerk Scott)
Motion: Appoint Sophia Avalos to the Palmdale Aerospace Academy.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
CC/HA Minutes 7/20/2022 8
Absent: Steven Hofbauer.
15) NEW BUSINESS
1 5 . 1 ) Approve the Joint Powers Agreement creating the High Desert Corridor Joint Powers Agency between the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, City of Adelanto, City of Lancaster, City of Palmdale, and City of Victorville and appoint one member and one alternate to serv e on Agency's Board. (Staff Reference: Director of Public Works Heffernan - Presented by Traffic Engineer Jay Nelson)
Councilmember Bishop recused himself and stepped away from the dais.
Director of Public Work Heffernan provided a brief overview of the staff report.
Motion: Approve the Joint Powers Agreement creating the High Desert Corridor Joint Powers Agency between the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, City of Adelanto, City of Lancaster, City of Palmdale, and City of Victorville.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (3-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Steven Hofbauer.
Motion: Move to appoint Councilmember Carrillo as the Director and Mayor Pro Tem Loa as the Alternate.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (3-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Steven Hofbauer.
1 5 . 2 ) Award Measure AV Grant Program Funding, totaling $1,306,810, to grantees in Exhibit A and authorize Interim City Manager to enter into agreements ranging from $2,000 to $250,000. (Staff Reference: Deputy Director of Parks and Recreation Dombrowski and Management Analyst Kelley)
This item was tabled to the August 17, 2022 meeting.
Acting City Attorney Porter provided clarification to the public regarding the continuation of this item.
16) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public input:
Jason Zink encouraged the city to broadcast the election on the city website, social media, email, and the newspaper.
Xavier Flores and Sky Jung confirmed a front-page announcement in the AV Press for the City of Palmdale election.
Eugene Hernandez expressed concerns regarding guns, alcohol, First Amendment