Palmdale City Council
September 7, 2022

drainage improvements; and new street signage and thermoplastic striping. All work will be performed within the existing right-of-way. Construction is anticipated to take 90 working days upon procurement of traffic signal materials, which will take approximately 16 weeks.

DISCUSSION
One (1) bid was received for this project on August 8, 2022, and is summarized below:

BIDDER LOCATION AMOUNT

1. R.C. Becker and Son, Inc. Santa Clarita, CA $1,230,049.93 The project was released for public bid electronically on July 7, 2022, and 827 vendors were notified. Of those vendors, fifty-two (52) registered with this project as prospective bidders and downloaded the bid documents for review. The prospective bidders included twelve (12) vendors classified as prime contractors, nineteen (19) as subcontractors, five (5) as suppliers, and sixteen (16) classified as other. This project was reviewed and considered by many contractors and vendors, however R.C. Becker & Son, Inc. was the sole contractor to post questions regarding the project and the only contractor that ultimately elected to submit a bid.

R.C. Becker and Son, Inc. has been awarded eight (8) and completed six (6) Public Works projects from 2016 – July 2022. The following table shows the projects along with percentage over or under the original contract prices:

PROJECT ORIG.

CONTRACT
FINAL

CONTRACT
%
CHANGE
Avenue S Widening $8,377,302 $8,307,083 -0.84%
Rancho Vista Blvd Sidewalk Gap Closure $7,053,969 $6,758,277 -4.28% Hillcrest Sidewalk Gap Closure $290,391 $277,840 -4.42% 40th Street East Rehabilitation $190,198 $160,546 -16.9% Yellen Park, Phase 1 $3,090,803 $3,556,187 +14% 1
9th Street East Street Improvement $120,230 $127,178 +5.61% 1 Avenue Q-12 Sidewalk Gap Closure $1,232,882 N/A 2 0%
Civic Center Complete Streets $6,405,637 N/A 2 0%
1 Project scope increased at City’s direction
2 Construction not yet completed
References have been checked and staff recommends that the City Council award Project No. 800 to the single bidder, R.C. Becker and Son, Inc., in the amount of $1,230,049.93.

Report to Mayor and City Council
Re: Award of PN 800, Agreement No. A-8004
September 7, 2022

FISCAL IMPACT
The project has been funded through traffic impact fee (221) funds, which have been allocated in Account No. T0031. The account has a current balance of $1,777,316. The fiscal impact and remaining account balance can be seen in the following table:

SCOPE OF WORK COST
PN 800 – Avenue R & 45th Street East Traffic Signal and Roadway Improvements Construction $1,230,050
Construction Contingency (10%) $123,000
Administration and Inspection $45,000
AV Press Advertisement $2,500
Construction Testing $25,000
Labor Compliance $15,000
Total Cost: $1,440,550
Account Number Starting Balance Balance Transfer Remaining Balance T0031221 $1,777,316 $0 $336,766

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

C. Plan and maintain safe and attractive neighborhoods,streets,facilities,and public spaces with exciting programming that promotes active fun for everyone.

Prepared by: Chuck Heffernan, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney ATTACHMENTS:

1. PN 800 Site Map
Report to Mayor and City Council
Re: Award of PN 800, Agreement No. A-8004
September 7, 2022

ATTACHMENT 1:

PN 800 Site Map

City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT

BUILDING AND SAFETY DIVISION
DISTRICT: ALL
SUBJECT: AWARD RFP 21-001-2200, AS-NEEDED PLAN CHECK, COMMUNITY

DEVELOPMENT TECHNICIAN, BUILDING INSPECTION, AND

BUILDING OFFICIAL SERVICES AND APPROVE AGREEMENTS
WITH INTERWEST CONSULTING GROUP INC ., JAS PACIFIC, AND BUREAU VERITAS NORTH AMERICA INC.

ISSUE
Award RFP 21-001-2200, As-Needed Plan Check, Community Development Technician, Building Inspection, and Building Official Servicesand approve agreements with Interwest Consulting Group, Inc., JAS Pacific, and Bureau Veritas North America Inc.

RECOMMENDATION
Staff recommends that the City Council:

1. Award RFP 21 -001-220, As -Needed Plan Check, Community Development Technician, Building Inspection, and Building Official Services to Interwest Consulting Group, JAS Pacific, and Bureau Veritas North America Inc;

2. Approve Agreements Nos. A-8040, A-8041 and A-8042 with Interwest Consulting Group Inc., JAS Pacific, and Bureau Veritas North America Inc. Each contract has its own not-to-exceed amount of $750,000 over a three-year term; and,

3. Authorize the Interim City Manager or hi s/her designee to execute Agreement s and to make minimal and/or non-substantive changes, as needed.

BACKGROUND
The City utilizes consultants to pr ovide plan review and other Building and Safety services. These services expedite the development process by providing faster turnaround times for citizens and the development community. Employing consultants provides Building and Safety the flexibility to meet the needs of the community while maintaining the quality and integrity of the plan review process. In2018, the City approved three consultant agreements to provide building and safety related services. The last available option to extend the agreements were exercised in 2021.

Report to Mayor and City Council
Re: RFP 21-001-2200
September 7, 2022

DISCUSSION
The City utilizes consultants to provide the Building and Safety Division with plan review, inspection services, Building Official and Development Technician services. A large percentage of the services provided are plan review for larger, more technical development projects. In recent years, multiple consultants have proven beneficial to adapt to the everchanging workload along with the varying types of projects. On May 18, 2022, RFP 21-001-22 was published on the City’s website and on PlanetBids for As- Needed Plan Check, Community Development Technician, Building Inspection, and Building Official Services. The RFP was open for five weeks and proposals were accepted until June 22, 2022. The City received four (4) proposals which were reviewed and scored by three staff evaluators. The evaluation committee is recommending that the City award agreements to the top three scoring firms - Interwest Consulting Group Inc., JAS Pacific, and Bureau Veritas North America, Inc.

Each agreement will be for a three (3) year term, with an option to extend for (2) additional one-year terms. Each agreement will be awarded in an amount not to exceed $750,000.00 over a three-year period. If the City decides to exercise one of the available extension options, it would be based on the same rates and terms for services outlined in the submitted RFP proposals. Agreements awarded do not provide a guarantee of work and services are provided on an as-needed basis. Permit fees are paid by developers that cover the cost to utilize consultant services for plan review services.

FISCAL IMPACT
Each of the three agreements includes its own not-to-exceed amount of $750,000 over the three-year period of the contract. The collective maximum value of the three agreements is $2,250,000. The $750,000 total first year cost for all three agreements, was approved by City Council as part of the FY 22/23 budget adoption and funds are available in account 10122001-721200 (Consultant Services). Additional funds will be budgeted in future years to cover the remaining cost.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

Prepared by: Melissa Salazar, Management Aide
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney Report to Mayor and City Council
Re: RFP 21-001-2200
September 7, 2022

ATTACHMENTS

1. Agreement No. A-8040 Interwest

2. Agreement No. A-8041 JAS Pacific

3. Agreement No. A-8042 Bureau Veritas

City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2022-098, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALMDALE MAKING

LEGALLY REQUIRED FINDINGS AND EXTENDING REMOTE

TELECONFERENCE PARTICIPATION FOR MEETINGS OF

THE CITY COUNCIL AND/OR ITS RELATED OR

SUBORDINATE LEGISLATIVE BODIES
ISSUE
Adopt Resolution No. CC 2022-098, a Resolution of the City Council of the City of Palmdale authorizing remote teleconference participat ion for meetings of the City Council and/or its subordinate legislative bodies for an additional 30-day period.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the resolution to thereby extend, for an additional 30-day period, the authority of the City Council, and all related and/or subordinate legislative bodies, to participate remotely in properly noticed meetings.

BACKGROUND
Since October 1, 2021 and through January 1, 2024, AB 361 has temporarily amended the Ralph M. Brown Act (California Government Code § 54950 et seq.) to provide more flexibility regarding participation in public meetings from a remote location. In layman’s terms AB 361 allows “zoom” meetings if specified requirements are met.

If the City Council authorizes remote meetings, such authorization must expire no later than 30 days from the initial authorization. The City Council is authoriz ed to thereafter extend the authorization if it makes one of various specified findings.

AB 361 requires several procedural safeguards to protect public participation during a remote meeting, key ones of which are summarized as follows:

1. The public must have the ability to address the legislative body directly and must be given information on how to address the legislative body;

2. The public must be provided with either a call-in or internet-based service option;

3. The legislative body must stop the meeting if the call -in or internet-based option fails;
Report to Mayor and City Council
Re: Resolution No. CC 2022-098
September 7, 2022

4. The legislative body cannot require that public comments be submitted in advance (although this option can be provided);

5. Public speakers cannot be required to pre-register for public comment (except as required by an independent call-in or internet platform);

6. Members of the public must be given a reasonable time to register to provide public comment; and

7. Agencies that provide a timed public comment period shall not close the public comment period until that time period has expired.

DISCUSSION
The City Council adopted an initial AB 361 Resolution on June 15, 2022. This resolution has been extended multiple times. The most recent extension is set to expire on September 16, 2022. The question before the City Council is whether to extend this authority for an additional 30-day period. An extension of authority to remotely participate is allowed if (1) the state of emergency continues, and (2) a resolution with required findings has been adopted within the last 30 days.

The proposed resolution would be immediately effective and allow members of legislative bodies to continue to participate remotely for an additional thirty days if the agenda for the meeting has included the legally required participation noticing. The resolution would also allow the City Manager (or designee) to opt to not include such noticing, as there may be instances where it would be impractical, due to staffing considerations, to allow remote participation in meetings.

FISCAL IMPACT
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.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Scott E. Porter, Acting City Attorney
Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS

1. Proposed Resolution No. CC 2022-098

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-098

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

MAKING LEGALLY REQUIRED FINDINGS AND EXTENDING REMOTE

TELECONFERENCE PARTICIPATION FOR MEETINGS OF THE CITY

COUNCIL AND ITS RELATED AND/OR SUBORDINATE LEGISLATIVE
BODIES
WHEREAS, the City of Palmdale is committed to preserving and fostering public access and participation in meetings of the City Council and all its subordinate bodies, consistent with the Ralph M. Brown Act (California Government Code § 54950 et seq.); and
WHEREAS, Government Code § 54953(e) expressly allows cities to, during the existence of a state of emergency declared by the Governor pursuant to Government Code § 8625, allow teleconference participation in city meetings; WHEREAS, on March 4, 2020, the Governor declared a state of emergency and such declaration continues to be in effect;
WHEREAS, state and local officials have imposed or recommended measures to promote social distancing, including requirements to not return to work within specified time frames for people who have tested positive for COVID-19; WHEREAS, the City Council adopted Resolution No 2022-088 within the last thirty days, authorizing exemption from the requirements of Government Code section 54953(b)(3) from August 17, 2022 until September 16, 2022.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The Recitals set forth above are correct and are incorporated by reference.

SECTION 2. The City Council finds that the state of emergency declared by the Governor remains in effect and state officials continue to impose or recommend measures to promote social distancing. Therefore, for agendas which include all the noticing required by Government Code § 54953(e), the City Council and its related and/or subordinate bodies, by this Resolution, shall continue to be exempt from the requirements of Government Code section 54953(b)(3) until the end of the day on Resolution No. CC 2022-098

October 7, 2022. The City Council may conduct its meetings in a manner which allows telephonic participation by the members of the legislative body, staff, and the public.

Such meetings shall be conducted consistent all requirements applicable to telephonic meetings. The City Clerk is directed to notice all such meetings to allow telephonic participation by the members of such bodies and the public and staff, except as otherwise directed by the City Manager, or the City Manager’s designee.

SECTION 3. This Resolution shall take effect immediately upon its adoption and shall remain effective until the end of the day on October 7, 2022, unless the term of this resolution is extended or prematurely terminated.

SECTION 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 7th day of September 2022. _________________________________
Steven D. Hofbauer, Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ _________________________________ Scott E. Porter Shanae S. Smith, City Clerk
Acting City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 7th day of September by the following roll call vote:

AYES:

NOES: ____________________________________________________________ ABSTAIN: ______________________ ABSENT: ___________________________ Date:

Shanae S. Smith, City Clerk
City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES

HOUSING DIVISION
DISTRICT: ALL
SUBJECT: APPROVE FOURTH AMENDMENT TO THE AGREEMENT WITH

ANTELOPE VALLEY DOMESTIC VIOLENCE COUNCIL DBA

VALLEY OASIS FOR TENANT BASED RENTAL ASSISTANCE

PROGRAM (TBRA), EXERCISE THE OPTION TO EXTEND THE

AGREEMENT FOR A ONE -YEAR TERM, INCREASE THE
AGREEMENT BY $110,000 FOR A NEW NOT TO EXCEED TOTAL
OF $707,130 AND RATIFY EXPENDITURES FOR THE TENANT

BASED RENTAL PROGRAM
ISSUE
Approve Fourth Amendment to the Agreement with Antelope Valley Domestic Violence Council DBA Valley Oasis for Tenant Based Rental Assistance Program (TBRA), exercise the option to extend the agreement for a one-year term, increase the agreement by $110,000 for a new not to exceed total of $707,130 and ratify expenditures for the tenant based rental program.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Fourth Amendment to Agr eement No. A -6439 with Antelope Valley Domestic Violence Council DBA Valley Oasis;

2. Ratify the Expenditures for TBRA Program from September 20 through the date of approval of the Fourth Amendment; and,

3. Authorize the City Manager or their designee to execute the Fourth Amendment to Agreement No. A-6439

BACKGROUND
The City of Palmdale receives an annual allocation of HOME Investment Partnership (HOME) Program funds from the U.S. Department of Housing and Urban Development (HUD). Projects or activities for which these funds are to be expended must be identified in the City’s Annual Action Plan to its Consolidated Plan and submitted to HUD for Report to Mayor and City Council
Fourth Amendment to Agreement A-6439
September 7, 2022

approval before the beginning of the grant year. The 2022-2023 Action Plan was approved by City Council on May 4, 2022 and allocated $175,000 to the TBRA program.

The TBRA program assists extremely low-income senior households (age 62+) with a severe housing cost burden of paying more than 50% of their income on rent. With the understanding that elderly people have fixed incomes and are often unable to pursue meaningful employment, it is this group of extremely low-income elderly households that is most in need of rental assistance. By providing assistance, these households are better able to afford basic needs such as food and prescription drugs. The City’s Consolidated Plan analysis has identified assistance to this group a high priority.

DISCUSSION
On October 2, 2018, the City Council approved Agreement No. A-6439 for Antelope Valley Domestic Council, DBA Valley Oasis to provide a HOME TBRA program. The agreement is for one (1) year with an option to extend the agreement for four (4) additional terms of one (1) year each, subject to availability of HOME funds. The initial agreement was in the amount of $175,000 and since through three (3) prior amendments have expended $597,130. The program will continue servicing 27 senior households with the additional funds. The proposed Fourth Amendment will exercise the option for the fourth, and final, additional term of one year, extending the agreement to September 19, 2023, and increase the agreement total by $105,000 to $707,130. In addition, staff is requesting ratifying of TBRA program expenditures for the period September 20, 2022, through the date of approval of the Fourth Amendment.

FISCAL IMPACT
$105,000; funds for term of the Fourth Amendment, September 20, 2022 through September 19, 2023, are budgeted and available in account 24364008-792927-6072.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

C. Pursue alternative financing opportunities for continued infrastructure improvements and quality community programs.

Prepared by: Heather Nichols, Housing Coordinator
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS

1. Fourth Amendment to Agreement No. A-6439
FOURTH AMENDMENT TO AGREEMENT A-6439

BETWEEN THE CITY OF PALMDALE AND ANTELOPE VALLEY DOMESTIC

VIOLENCE COUNCIL DBA VALLEY OASIS
This Fourth Amendment to Agreement No. A-6439 (“Agreement”) between the City of Palmdale and ANTELOPE VALLEY DOMESTIC VIOLENCE COUNCIL DBA VALLEY OASIS is made and entered into this 20th day of September, 2022 by and between the City of Palmdale (hereinafter called “CITY”) and ANTELOPE VALLEY DOMESTIC VIOLENCE COUNCIL DBA VALLEY OASIS (hereinafter called "Sub- Recipient").

WHEREAS, the CITY and Sub-Recipient entered into an agreement to provide:

Tenant Based Rental Assistance: and
WHEREAS, Sub-Recipient represents that Sub-Recipient has the expertise and is qualified to perform the services described in the Contract, and if required, is duly registered under the laws of the State of California.

NOW THEREFORE, the parties agree as follows:

1. Section 2 Time of Performance provides the option to extend the agreement for four (4) additional terms of one year each, subject to the availability of HOME funds.

The City and Sub-Recipient are exercising the option for the fourth additional term of one year, extending the agreement to September 19, 2023.

2. Section 3 Compensation is increased by $110,000 for new amount not to exceed of Seven Hundred Seven Thousand One Hundred and Thirty ($707,130)

3. Exhibit B of the Agreement's Program Budget Section is replaced with:

Client Assistance $579,846
Income Determination & 10% De Minimis $127,284
Indirect Cost
Total Budget $707,130

4. All other terms and conditions remain in full force and effect.

REST OF PAGE INTENTIONALLY LEFT BLANK
1-2Concord - Document ID: generated after first signature In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE: ANTELOPE VALLEY DOMESTIC

VIOLENCE COUNCIL DBA VALLEY
OASIS:

Ronda Perez Date
Interim City Manager
Sarah Perry Date
Chief Executive Officer
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:

ANTELOPE VALLEY DOMESTIC

VIOLENCE COUNCIL DBA VALLEY
OASIS
310 East Palmdale Blvd.

Palmdale, CA 93550
APPROVE AS TO FORM:

Scott E. Porter
Interim City Attorney
ATTEST:

Shanae S. Smith
City Clerk
ATTEST: If Corporation
Secretary
2-2Concord - Document ID: generated after first signature City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: HUMAN RESOURCES DIVISION / OFFICE OF THE CITY

MANAGER
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2022-095, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE AMENDING THE
CITY’S GENERAL POSITION CLASSIFICATION AND PAY PLAN.

ISSUE
Adopt Resolution No. CC 2022-095, amending the City’s General Position Classification and Pay Plan.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2022-095, amending the City’s General Position Classification and Pay Plan.

BACKGROUND
The City Manager , in collaboration with t he Human Resources Division , monitors and evaluates positions within the organization and makes recommendations based on the City’s needs.

DISCUSSION
Due to limited staffing and adjustments for vacant positions, staff recommends changes including title change, new full-time positions and reclassifications. In addition, the hourly rates for Public Security Officer and Senior Public Safety Officer positions will increase.

Staff is requesting one title change in the City Attorney’s Office , two new additional positions in the City Manager’s Office , and one position in Economic and Community Development. The Director of Administrative Operations and Management Analyst II in the City Manager’s Office will assist in the additional workload due to unfilled positions.

Due to SB 1383 requirements (regarding recycling of o rganic waste), it is necessary to request additions and enhancements to the solid waste Franchise Agreement. As such, Building and Safety asks that the City Council approve a request for an Office Assistant I/II.

Reclassification recommendations are based on existing workload demands and the need to expand staffing in strategic areas to maintain and enhance organizational Report to Mayor and City Council
Re: Resolution No. CC 2022-095
September 7, 2022

performance measures. Recommendations for reclassifications are also based on the need to align titles with respective job duties.

The following is a change in title only:

DEPARTMENT PREVIOUS TITLE NEW TITLE
City Attorney’s Office Risk and Legal Coordinator Legal and Risk Coordinator The following are proposed reclassifications:

DEPARTMENT PREVIOUS TITLE/RANGE NEW TITLE/RANGE
Economic & Community Dev Plan Reviewer
Range 34
Senior Plan Reviewer
Range 37
City Manager’s Office –
Information Technology Div.

GIS Coordinator
Range 38
GIS Coordinator
Range 39
City Manager’s Office –
Finance Division
Asst. Finance Manager
Range 40
Office Assistant I/II
Range 20/22
Parks and Recreation Public Art Coordinator
Range 30
Public Art Program Manager
Range 37
Neighborhood Services Public Security Officer
Range 14
Public Security Officer
Range 18
Sr. Public Security Officer
Range 18
Sr. Public Security Officer
Range 20
The following are new position requests:

DEPARTMENT TITLE/RANGE
City Manager’s Office Director of Administrative Operations Range 48
Management Analyst II
Range 35
Economic and Community
Development
Office Assistant I/II
Range 20/22
Additionally, the California Public Employees’ Retirement System (CalPERS) requires the City Council to approve Classification and Pay Plans. To comply with CalPERS guidelines, staff is submitting the Classification and Pay Plan for General Positions.

FISCAL IMPACT
Funds have been budgeted in FY 22/23. Newly requested positions will be funded through savings from vacant positions.

Report to Mayor and City Council
Re: Resolution No. CC 2022-095
September 7, 2022

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

Objective: C. Invest in staff and other human resource strategies to attract and retain a highly qualified, diverse, and creative workforce.

Prepared by: Patricia M. Nevarez, H.R. Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott Porter, City Attorney

ATTACHMENTS

1. Resolution No. CC 2022-095

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-095

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE AMENDING THE CITY’S CLASSIFICATION AND

PAY PLAN

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The City’s Classification and Pay Plan for General Positions is amended as set forth in the attached Exhibit #1.

SECTION 2. The City Clerk shall certify to the adoption of this resolution. /
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Resolution No. CC 2022-095

PASSED, APPROVED and ADOPTED this 7th day of September, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Scott Porter Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 7 h day of September, 2022 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Shanae S. Smith, City Clerk
Exhibit 1
Effective September 8, 2022

CLASSIFICATION AND PAY PLAN – GENERAL POSITIONS
FY 2022 – 2023

TITLE RANGE RANGE #
Hourly

Intern $16.50- $18.61 per hour 14
Program Aide $16.50- $18.61 per hour 14

Administrative Intern $18.07 – $23.07 per hour 18
Records Management Clerk I $18.07 – $23.07 per hour 18
Public Security Officer $18.07 – $23.07 per hour 18

Office Assistant I $19.92 – $25.43 per hour 20
Records Management Clerk II $19.92 – $25.43 per hour 20 Senior Public Security Officer $19.92 – $25.43 per hour 20

SAVES Assistant $21.97 – $28.04 per hour 22
Senior Records Management Clerk $21.97 – $28.04 per hour 22

Neighborhood Compliance Officer $24.22 – $30.92 per hour 24 Theater Operations Technician $24.22 – $30.92 per hour 24

Senior Neighborhood Compliance Officer $26.71 – $34.09 per hour 26 Theater Operations Coordinator $26.71 – $34.09 per hour 26

Administrative Assistant $28.04 – $35.79 per hour 27

TITLE RANGE RANGE #
Monthly
Office Assistant I $3,453 - $4,408 20

Account Clerk I $3,808 - $4,860 22 Office Assistant II $3,808 - $4,860 22 SAVES Assistant $3,808 - $4,860 22

Account Clerk II $4,198 - $5,359 24
Audio Technician $4,198 - $5,359 24
Neighborhood Compliance Officer $4,198 - $5,359 24
Public Safety Technician $4,198 - $5,359 24
Records Management Specialist $4,198 - $5,359 24

Community Compliance Aide I $4,630 - $5,909 26
Community Service Officer $4,630 - $5,909 26
Development Technician I $4,630 - $5,909 26
Information Technology Technician I $4,630 - $5,909 26 Senior Account Clerk $4,630 - $5,909 26
Theater Operations Coordinator $4,630 - $5,909 26

Administrative Assistant $4,860 - $6,204 27
Management Aide $4,860 - $6,204 27

Business License Coordinator $5,103 - $6,516 28
Community Compliance Aide II $5,103 - $6,516 28
Community Development Technician II $5,103 - $6,516 28 Financial Technician $5,103 - $6,516 28
Information Technology Technician II $5,103 - $6,516 28

Exhibit 1
Effective September 8, 2022

TITLE RANGE RANGE #
Monthly

Payroll Specialist $5,103 - $6,516 28
Public Safety Specialist $5,103 - $6,516 28

Housing Technician $5,359 - $6,840 29
SAVES Coordinator $5,359 - $6,840 29
Senior Administrative Assistant $5,359 - $6,840 29 Senior Community Development Technician $5,359 - $6,840 29 Supervising Public Security Officer $5,359 - $6,840 29

Building Inspector I $5,628 - $7,183 30
Economic Development Coordinator $5,628 - $7,183 30
Engineering Technician I $5,628 - $7,183 30
Plan Reviewer Aide $5,628 - $7,183 30
Planning Aide $5,628 - $7,183 30
Public Works Inspector I $5,628 - $7,183 30
Recreation Coordinator $5,628 - $7,183 30
Senior Payroll Specialist $5,628 - $7,183 30

Buyer $5,909 - $7,542 31
City Council Legislative Aide $5,909 - $7,542 31
Code Enforcement Officer I $5,909 - $7,542 31
Community Compliance Specialist $5,909 - $7,542 31
Deputy City Clerk $5,909 - $7,542 31
Digital Media Specialist $5,909 - $7,542 31
Environmental Compliance Inspector $5,909 - $7,542 31 Executive Assistant $5,909 - $7,542 31
Human Resources Specialist $5,909 - $7,542 31
Neighborhood Services Specialist $5,909 - $7,542 31
Traffic Signal & Streetlight Technician I $5,909 - $7,542 31

Assistant Planner $6,204 - $7,918 32
Building Inspector II $6,204 - $7,918 32
Engineering Technician II $6,204 - $7,918 32
Information Technology Specialist $6,204 - $7,918 32
Public Works Inspector II $6,204 - $7,918 32
Supervising Community Development Technician $6,204 - $7,918 32

Assistant Engineer I $6,516 - $8,315 33
Code Enforcement Officer II $6,516 - $8,315 33
Collection System Maintenance Planner $6,516 - $8,315 33 Community Compliance Coordinator $6,516 - $8,315 33
GIS Analyst $6,516 - $8,315 33
Human Resources Analyst I $6,516 - $8,315 33
Legal and Risk Coordinator $6,516 - $8,315 33
Management Analyst I $6,516 - $8,315 33
Recreation Supervisor $6,516 - $8,315 33
Senior Buyer $6,516 - $8,315 33
Traffic Signal & Streetlight Technician II $6,516 - $8,315 33

Associate Planner $6,840 - $8,731 34
Plan Reviewer $6,840 - $8,731 34
Senior Building Inspector $6,840 - $8,731 34
Senior Engineering Technician $6,840 - $8,731 34
Senior Public Works Inspector $6,840 - $8,731 34

Exhibit 1
Effective September 8, 2022

TITLE RANGE RANGE #
Monthly

Assistant Engineer II $7,183 - $9,168 35
Assessment District Specialist $7,183 - $9,168 35
City Council Chief of Staff $7,183 - $9,168 35
Community Programs Coordinator $7,183 - $9,168 35
Financial Analyst $7,183 - $9,168 35
Housing Coordinator $7,183 - $9,168 35
Human Resources Analyst II $7,183 - $9,168 35
Information Technology Analyst I $7,183 - $9,168 35
Asset Management Specialist $7,183 - $9,168 35
Management Analyst II $7,183 - $9,168 35
Marketing & Digital Specialist $7,183 - $9,168 35
Media Production Specialist $7,183 - $9,168 35
Paralegal $7,183 - $9,168 35
Senior Code Enforcement Officer $7,183 - $9,168 35
Senior Traffic Signal & Streetlight Technician $7,183 - $9,168 35 Water Park Supervisor $7,183 - $9,168 35

Collection System Superintendent $7,542 - $9,625 36
Community Compliance Supervisor $7,542 - $9,625 36
Facilities Superintendent $7,542 - $9,625 36
Fleet Superintendent $7,542 - $9,625 36
Parks Superintendent $7,542 - $9,625 36
Public Safety Supervisor $7,542 - $9,625 36
Senior Financial Analyst $7,542 - $9,625 36
Urban Grounds and Green Spaces Superintendent $7,542 - $9,625 36

Associate Engineer $7,918 - $10,098 37
Information Technology Analyst II $7,918 - $10,098 37
Public Art Program Manager $7,918 - $10,098 37
Public Works Project Manager $7,918 - $10,098 37
Senior Housing Coordinator $7,918 - $10,098 37
Senior Human Resources Analyst $7,918 - $10,098 37
Senior Management Analyst $7,918 - $10,098 37
Senior Planner $7,918 - $10,098 37
Senior Plan Reviewer $7,918 - $10,098 37
Supervising Building Inspector $7,918 - $10,098 37
Supervising Financial Analyst $7,918 - $10,098 37
Supervising Public Works Inspector $7,918 - $10,098 37

Budget Officer $8,315 - $10,611 38
Deputy Public Information Officer $8,315 - $10,611 38
Diversity, Equity & Inclusion Specialist $8,315 - $10,611 38 Purchasing/Risk Manager $8,315 - $10,611 38
Safety Officer $8,315 - $10,611 38
Street Superintendent $8,315 - $10,611 38
Traffic Signal & Streetlight Manager $8,315 - $10,611 38

GIS Coordinator $8,731 - $11,142 39
Senior Information Technology Analyst $8,731 - $11,142 39 Senior Public Works Project Manager $8,731 - $11,142 39

Exhibit 1
Effective September 8, 2022

TITLE RANGE RANGE #
Monthly

Community Compliance Manager $9,168 - $11,700 40
Community Programs Manager $9,168 - $11,700 40
Deputy City Attorney $9,168 - $11,700 40
Emergency Services Administrator $9,168 - $11,700 40
Energy Resources Manager $9,168 - $11,700 40
Engineering Manager $9,168 - $11,700 40
Innovation and Environmental Manager $9,168 - $11,700 40 Housing Manager $9,168 - $11,700 40 Principal Planner $9,168 - $11,700 40
Recreation Manager $9,168 - $11,700 40
Senior Civil Engineer $9,168 - $11,700 40

Assistant to the City Manager $9,625- $12,284 41
City Clerk $9,625- $12,284 41
Communication and Public Information Officer
$9,625- $12,284 41

Building Official $10,098 - $12,899 42
Economic Development Manager $10,098 - $12,899 42
Information Technology Manager $10,098 - $12,899 42
Maintenance Services Manager $10,098 - $12,899 42

Capital Improvement Program Manager $11,142 - $14,220 44 Finance Manager $11,142 - $14,220 44
Human Resources Manager $11,142 - $14,220 44
Planning Manager $11,142 - $14,220 44
Traffic Engineer $11,142 - $14,220 44

Deputy Director of Economic & Community Development $11,700 - $14,931 45 Deputy Director of Finance $11,700 - $14,931 45
Deputy Director of Parks & Recreation $11,700 - $14,931 45

Assistant City Attorney $12,899 - $16,461 47
City Engineer $12,899 - $16,461 47
Deputy Director of Public Works $12,899 - $16,461 47

Deputy City Manager $13,543 – $17,287 48
Director of Economic & Community Development $13,543 – $17,287 48 Director of Finance $13,543 – $17,287 48
Director of Neighborhood Services $13,543 – $17,287 48
Director of Operations $13,543 – $17,287 48
Director of Parks & Recreation $13,543 – $17,287 48

Director of Public Works $16,461 - $21,010 52

Assistant City Manager $19,058 - $24,322 55

CC/SA/HA/IDA/PAA/PCA/PFA 6/29/2022 1

MINUTES

CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
JUNE 29, 2022

www.cityofpalmdale.org

5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Pro Tem Loa called the meeting to order at 5:01 p.m.

2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS

CARRILLO, BISHOP, BETTENCOURT
PRESENT: Richard J Loa, Juan Carrillo, Laura Bettencourt.

ABSENT: Steven Hofbauer, Austin Bishop.

Motion: Excuse the absence of Councilmember Bishop.

Moved by Juan Carrillo, seconded by Richard J Loa.

Vote: Motion carried (3-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt.

Absent: Austin Bishop, Steven Hofbauer.

Mayor Pro Tem Loa announced that Mayor Hofbauer would be attending the meeting.

3) PUBLIC COMMENTS
The following individuals provided public comments:

Rich Gallego and Xavier Flores commented regarding the hiring of the City Attorney.

Carol Ross and Garlenia Davis spoke regarding the Freedom Coalition and hiring of the City Attorney.

Eric Ohlsen commented regarding special interest groups and hiring of the City Attorney.
4) PRESENTATION BY CITY ATTORNEY
Acting City Attorney Porter confirmed all items would be heard as listed.

4.1) 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).

CC/SA/HA/IDA/PAA/PCA/PFA 6/29/2022 2

4.2) 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).

4.3) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code 54956.9(d)(2):
3 potential cases

4.4) PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Attorney or City Attorney

4.5) CONFERENCE WITH LABOR NEGOTIATORS
City Representatives: Ronda Perez, Interim City Manager and Patricia Nevarez, Human Resources Manager
Position: Interim City Attorney or City Attorney
This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.

4.6) 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) ANNOUNCEMENT BY CITY ATTORNEY
City Attorney Porter stated there was no reportable action.

Interim City Manager Perez reported as to Item 4.5 and 4.6, the Council provided direction to staff to enter negotiations with Mr. Porter - for Interim City Attorney services and his firm.

6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the meeting at 6:59 p.m.

7:00 P.M.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS

Mayor Hofbauer announced staff requested Item 13.1, Fee Resolution, be continued to the July 13, 2022, meeting.

Motion: Continue Item 13.1 to July 13, 2022. includes Fraga -Saenz and Denny Moved by Richard J Loa, seconded by Juan Carrillo.

Vote: Motion carried (6-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer, Christina Fraga-Saenz, Phil Denny.

Absent: Austin Bishop.

CC/SA/HA/IDA/PAA/PCA/PFA 6/29/2022 3

8) 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: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer, Christina Fraga-Saenz, Phil Denny.

ABSENT: Austin Bishop.

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 Juan Carrillo.

Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer.

Absent: Austin Bishop.

10) PUBLIC COMMENTS
The following individuals provided public input:

Rich Gallego commented on Measure AV funding to special interest groups.

Jason Zink spoke regarding the public comment section and the budget item.

Ruth Sanchez announced federal funding is available for the unhoused and encouraged the city to apply.

Abraham Salcedo encouraged Council to research the groups approved for Measure AV grant funds.

Mario Presents requested accountability of groups receiving Measure AV funds.

Eric Ohlsen stated the Measure AV process was transparent.

A motion was made and carried unanimously to close the Public Comments.

11) JOINT PUBLIC HEARING CC/SA/HA/IDA/PAA/PCA/PFA

11.1) 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 Capital Budget for Fiscal Year 2022-23. (Staff Reference: Director of Finance Samson)

Director of Finance Samson read the title of 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 and provided a brief PowerPoint presentation.

CC/SA/HA/IDA/PAA/PCA/PFA 6/29/2022 4

Director of Finance Samson announced a request was presented to staff at the May 18, 2022 meeting by Councilmember Carrillo to research the feasibility of salary increases for staff of an additional 7% COLA on top of the 3% included in the budget which wou ld bring staff to a total of 10% salary increases to help them respond to the impacts of inflation. The fiscal impact associated with salary increases in FY 2022/2023 is roughly $2.3M dollars.

Discussion ensued.

Motion: Move to delete the allocation of the Measure AV grant program from the FY 2022-2023 budget and return to the general fund.

Moved by Richard J Loa, seconded by Laura Bettencourt.

Vote: Motion carried (5-1)
Yes: Richard J Loa, Laura Bettencourt, Steven Hofbauer, Christina Fraga- Saenz, Phil Denny.

No: Juan Carrillo.

Absent: Austin Bishop

Motion: Move to allocate $2M out of the American Rescue Plan Act fund to a to be determined mental health solution in cooperati on with Antelope Valley Medical Center, Palmdale Regional Hospital, and Los Angeles County Mental Health to provide mental health assistance to the Los Angeles County Sheriff's Mental Evaluation Team.

Moved by Richard J Loa, seconded by Steven Hofbauer.

Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer.

Absent: Austin Bishop

Motion: Move to allocate American Rescue Plan Act (ARPA) funds of $2.5M for two (2) regional centers: 1) Recreational Center for the Ci ty of Palmdale and 2) a Multi-Agency Regional Resiliency Center.

Moved by Richard J Loa, seconded by Juan Carrillo.

Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer.

Absent: Austin Bishop

Motion: Move to direct staff to research utilizing unallocated funds to purchase an existing facility with the focus on housing families, women and children.

Moved by Steven Hofbauer, seconded by Richard J Loa.

Vote: Motion carried (6-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer, Christina Fraga-Saenz, Phil Denny.

Absent: Austin Bishop

Motion: Move to allocate funds to provide grass for Yellen Park.

Moved by Juan Carrillo, seconded by Richard J Loa.

Vote: Motion carried (4-0)

CC/SA/HA/IDA/PAA/PCA/PFA 6/29/2022 5

Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer.

Absent: Austin Bishop

Councilmember Carrillo provided an explanation for his request to provide staff with an increase in salaries. Discussion ensued.

Motion: Motion to provide a 10% increase in salaries for city staff.

Moved by Juan Carrillo, seconded by Richard J Loa.

Vote: Motion carried (3-1)
Yes: Richard J Loa, Juan Carrillo, Steven Hofbauer.

No: Laura Bettencourt.

Absent: Austin Bishop

Motion: Adopt 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 as amended per Council/Authority requests.

Moved by Richard J Loa, seconded by Juan Carrillo.

Vote: Motion carried (6-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt, Steven Hofbauer, Christina Fraga-Saenz, Phil Denny.

Absent: Austin Bishop

12) ADJOURN HOUSING AUTHORITY
Mayor Hofbauer adjourned the Housing Authority meeting at 7:54 p.m.

13) PUBLIC HEARING

13.1) Public Hearing and Review of Proposed Resolution No. CC 2022 -065 for adoption, regarding an updated city-wide fee schedule. (Staff Reference:

Director of Finance Samson).

This item was not heard.

14) ADJOURN

Mayor Hofbauer adjourned the meeting at 7:54 p.m.

PASSED, APPROVED, and ADOPTED this 7th day of September 2022

Steven D. Hofbauer, Mayor

ATTEST:

Shanae S. Smith, City Clerk

CC/SA/HA 07/13/2022 1

MINUTES

CITY COUNCIL/SA/HA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
JULY 13, 2022

www.cityofpalmdale.org

5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Hofbauer called the meeting to order at 5:01 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

Ruth Sanchez provided comments regarding the unhoused, tiny homes and food distribution.

Eric Ohlsen commented regarding special interest groups and the brown act rules on public comments.

Marcos Alvarez encouraged Council to improve the future of Palmdale. 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 Donald Ross D'Angelo v. City of Palmdale, et al.

Los Angeles County Superior Court
Case No. 21AVCV00441
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 Jessica Magallanes v. City of Palmdale, et al.

Los Angeles County Superior Court
Case No. 21AVCV00932
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 Robert Credle v. City of Palmdale, et al.Los Angeles County Superior Court Case No. 22AVCV00273
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

CC/SA/HA 07/13/2022 2

4.4) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Gerald Lynn Dolen and Roberta Dora Dolen v. City of Palmdale et al.

Los Angeles County Superior Court
Case No. 21AVCV00377
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

4.5) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
The reason for holding a closed session is for the purpose of obtaining authorization and direction from the City Council regarding the possible acquisition of property interests in the following property, generally located near Avenue M and 10th Street West:

Property Owner: Successor Agency to the Community Redevelopment Agency of the City of Palmdale
Property: APN 3128-015-900 & 902
City Negotiator: Luis Garibay
This closed session is being held pursuant to the authority of California Government Code Section 54956.8. Closed session is recommended because the City Council will be instructing the negotiator regarding terms and conditions, including price, for the possible purchase of the real property identified above.

5) ANNOUNCEMENT BY CITY ATTORNEY
Acting City Attorney Porter reported the following:

Item No. 4.2 - Council directed staff to file a cross complaint in the existing action.

There was no further reportable action.

6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the Closed Session meeting at 6:59 p.m.

7:00 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 LOA,

COUNCILMEMBERS/DIRECTORS/COMMISSIONERS CARRILLO, BISHOP,

BETTENCOURT, FRAGA-SAENZ, DENNY
PRESENT: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.

ABSENT: None.

9) PRESENTATIONS

9.1) Mayor Hofbauer presented a cute critter available for adoption at the Palmdale

CC/SA/HA 07/13/2022 3

Animal Care Center.

9.2) Mayor Hofbauer presented Certificates of Recognition to the Antelope Valley Futbol Club (AVFC) for winning the Presidents Cup.

9.3) Mayor Hofbauer presented a Proclamation to Acting Assistant Chief Mitchison and Engine Company 37 declaring July 2022 as Californ ia Firefighter Appreciation Month in the City of Palmdale.
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 Austin Bishop.

Vote: Motion carried (7-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.

11) PUBLIC COMMENTS

Eric Ohlsen spoke regarding the brown act rules.

Eugene Hernandez asked about the criteria for building hotels and encouraged Council to research Operation Room Key for the unhoused.

McKinley Kemp, Director of Antelope Valley Partners for Health, encouraged support from the City for the Crisis Assessment Team (CAT).

Kevin Shenkman shared comments in support of former City Manager Murphy.

Marcos Alvarez expressed concerns regarding the lack of cooling centers.

Ruth Sanchez, on behalf of Jasmine Granham, commented in support of the second chance program.
12) HOUSING AUTHORITY CONSENT CALENDAR
Councilmember Carrillo stepped away from the dais at 7:38 p.m. - 8:00 p.m.

12.1) Adopt Resolution No. HA 2022 -002, a Resolution of the Housing Authority of the City of Palmdale approving Affordable Housing Agreement with SOS Children’s Villages California and Housing Authority development loan of $1,200,000 for acquisition and pre -development located at 30th Street East and adjacent to McAdam Park (APN 3018 -026-001). (Staff Reference Director Neighborhood Services Miller - Presented by Housing Manager Reyes)

Mayor Hofbauer pulled this item for discussion. Housing Manager Reyes provided a brief summary of the staff report and read the title of Resolution No. HA 2022-002. Councilmember Bettencourt expressed concerns regarding the at -risk youth housing being in close proximity to at -risk adult housing.

Supervisor Kathryn Barger provided background information on the SOS Children's Villages. Mayor Pro Tem Loa asked about the contract not

CC/SA/HA 07/13/2022 4

including the community center a nd play area. Housing Manager Reyes stated they are a part of the plans submitted to Planning, but the Housing Authority is funding the housing acquisition and pre -development. Tim McCormick, CEO of SOS Village, announced there is a need everywhere for SOS Villages across the globe.

Motion: Adopt Resolution No. HA 2022-002.

Moved by Austin Bishop, Christina Fraga-Saenz.

Vote: Motion carried (7-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.

12.2) Approve the minutes from the previous meetings. (Staff Reference: City Clerk/Agency Secretary Smith)

HA - May 18, 2022
HA - June 1, 2022
Motion: Approve the minutes from the previous meetings.

Moved by Christina Fraga-Saenz, seconded by Austin Bishop.

Vote: Motion carried (6-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.

Absent: Juan Carrillo.

Mayor Hofbauer adjourned the Housing Authority at 8:10 p.m.

13) CONSENT CALENDAR

13.1) Receive and file the monthly investment activity reports for May 2022. (Staff Reference: Director of Finance Samson)

13.2) Approve on -call Environmental Consulting Services Agreement with Pacific Edge Engineering, Inc. in the amount of $300,000 over a period of three (3) years. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

13.3) Ratify additional funds for Purchase Order No. 20220033 (FY 2021 -2022) and approve Purchase Order No. 20230003 (FY 2022 -2023) in an amount not to exceed $120,000.00 with Hasa, Inc. for pool chemical supplies. (Staff Reference: Director of Public Works Heffernan)

13.4) Approve Purchase Order No. 20230002 with Nutrien AG Solutions for fertilizer supplies in an amount not to exceed $145,750. (Staff Reference:

Director of Public Works Heffernan)

13.5) Approve Purchase Order No. 20230004 with Smith Pipe & Supply, Inc. for irrigation and water conservation supplies in an amount not to exceed $233,600. (Staff Reference: Director of Public Works Heffernan)

13.6) Approve the First Amendment with Pumpman, LLC to exercise the first option to extend contract term and increase total price by $430,000, not to exceed the amount of $1,280,000 for professional pump services. (Staff Reference:

CC/SA/HA 07/13/2022 5

Director of Public Works Heffernan)

13.7) Notice of Completion - Accept Public Improvements for Fairfield Inn located at 1052 West Avenue O -8. (Staff Reference: Director of Public Works Heffernan)

13.8) Approve Final Parcel Map No. 83025 located at the northeast corner of 5th Street West and West Park Drive. (Staff Reference: Director of Public Works Heffernan)

13.9) 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)
Mayor Hofbauer pulled this item for discussion and made a motion that the project be rejected and sent back out to re -bid, the motion died for a lack of a second. Deputy Director of Public Works Glidden explained the process of going back out to re -bid, stated concerns were discussed with the contractor, a new project manager was assigned, and safeguards have been built into the contract.

Mayor Hofbauer modified his motion to reject the bid and award it to the second most responsible bidder, the motion died for a lack of a second.

Discussion ensued.

There was Council consensus to continue Item 13.9 to the July 20, 2022 meeting.

13.10) Award construction agreement with Parkwood Landscape Maintenance, Inc., for PN 815, LMD 214 Landscape Enhancements Project, at the north side of East Avenue S between 43rd Street East and 45th Street East, in the amount of $178,208.10 for a term of 90 da ys from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
Mayor Pro Tem Loa pulled this item to discuss the outreach to local landscape companies. Deputy Director of Public Works Glidden provided Council with the bid process. Council directed staff to provide a business workshop for local contractors.

Motion: Award construction agreement with Parkwood Landscape Maintenance, Inc., for PN 815, LMD 214 Landscape Enhancements Project, at the north side of East Avenue S between 43rd Street East and 45th Street East, in the amount of $178,208.10 for a term of 90 days from the date of Notice to Proceed.

Moved by Juan Carrillo, seconded by Austin Bishop.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

13.11) Award construction agreement with Cal -Stripe, Inc., for PN 820, Domenic

CC/SA/HA 07/13/2022 6

Massari Park Bike Lane System Project, in the amount of $295,374, for a term of 2 months from the date of Notice to Proceed. (Staff Reference:

Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

13.12) Adopt Resolution No. CC 2022 -070, a Resolution of the City Council of the City of Palmdale to accept and irrevocable offer to dedicate private streets of Tract 54058 -3 at the southeast corner of 25th Street West/Highland Street and Avenue P -12. (Staff Reference: Director of Public Works Heffernan)

13.13) Approve Final Tract Map No. 71357 -01 located near the intersection of Rancho Vista Boulevard and Delson Drive. (Staff Reference: Director of Public Works Heffernan)

13.14) Notice of Completion - Accept completed project with Playcore Wisconsin, Inc., dba Gametime for PN 846, Courtney’s Playground Inclusive Play Area at Marie Kerr Park. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

13.15) Approve Supplement Agreement No. 2 with Cedro Construction Inc., for PN 741-A, Water Improvements at Avenue S -8 and 40th Street East, in the amount of $63,979.75. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden) Public Works

13.16) Notice of Completion - Accept completed project with Cedro Construction Inc., for PN 741 -A, Water Improvements at Avenue S -8 and 40th Street East. (Staff Reference: Director of Public Wor ks Heffernan - Presented by Deputy Director of Public Works Glidden)

13.17) Notice of Completion - Accept completed project with Knorr Systems, Inc. for PN 841, Pool Boiler Replacement at Various City Pools. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Work Glidden)

13.18) Approve Insurance Broker Services Agreement with VINSA, Inc. and Authorize City Manager to Execute Agreement and Bind Insurance Coverage in an amount not to exceed $1,750,000 (Staff Reference: Acting City Attorney Porter - Presented by Legal and Risk Assistant Barajas)

13.19) Adopt Resolution No. CC 2022 -080, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plans. (Staff Reference: Human Resources Manager Nevarez)

13.20) Approve Side Letter of Agreement between the City of Palmdale an d California Teamsters Local 911 regarding Premium Pay, Cost of Living Increase, and change to Deferred Compensation language of the MOU (Staff Reference: Human Resources Manager Nevarez.)

13.21) Adopt Resolution No. CC 2022 -083, a Resolution of the City Council of the City of Palmdale reinstating the cap requirement for employee vacation accrual bank balances. (Staff Reference: Human Resources Manager Nevarez)

CC/SA/HA 07/13/2022 7

13.22) Adopt Resolution No. CC 2022 -081, a Resolution of the City Council of the City of Palmdale Maki ng Legally Required Findings for Extending Remote Teleconference Participation for Meetings of the City Council and its Related and/or Subordinate Legislative Bodies. (Staff Reference: Acting City Attorney Porter)
Mayor Hofbauer pulled this item for discus sion. Acting City Attorney Porter provided clarification to Council regarding teleconferencing participation.

Mayor Hofbauer made a motion not to adopt Resolution No. CC 2022 -081, the motion died for lack of a second.

Motion: Adopt Resolution No. CC 2022-081.

Moved by Richard J Loa, seconded by Juan Carrillo.

Vote: Motion carried (4-1)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

No: Steven Hofbauer.

13.23) Approve the minutes from the previous meetings. (Staff Reference: City Clerk/Agency Secretary Smith)

CC/SA/IDA/PAA/PCA/PFA - May 18, 2022
CC/SA/PCA - June 1, 2022
CC - June 3, 2022

Motion: Approve all items listed on the Consent Calendar with the exception of

13.9, 13.10, and 13.22.

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.

14) PUBLIC HEARING

14.1) Public Hearing and Review of Proposed Resolution No. CC 2022 -041 for adoption regarding drainage benefit assessments. (Staff Reference: Director of Public Works Heffernan)

Councilmember Bishop recused himself from Item 14.1 and stepped away from the dais.

Director of Public Works Heffernan provided a brief overview of the staff report and read the title of Resolution No. CC 2022-041.

RESOLUTION NO. CC 2022-041, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE APPROVING THE ENGINEER'S REPORT

CC/SA/HA 07/13/2022 8

AND THE CONTINUATION OF THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2022/202 3 FOR THE CITY OF
PALMDALE DRAINAGE BENEFIT ASSESSMENT DISTRICTS NO. 1 AND NO. 2006-02

Mayor Hofbauer opened the Public Hearing.

Public Comments: None.

A motion was made and carried unanimously to close the Public Hearing.

Motion: Adopt Resolution No. CC 2022-041.

Moved by Richard J Loa, seconded by Juan Carrillo.

Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Laura Bettencourt.

Councilmember Bishop returned to the dais at this time.

14.2) Public Hearing and Review of Proposed Resolution No. CC 2022 -042 for adoption regarding landscape, parks and streetlight maintenance assessments. (Staff Reference: Director of Public Works Heffernan)

Director of Public Works Heffernan presented the staff report and read the title of Resolution No. CC 2022-042.

RESOLUTION NO. CC 2022-042, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE APPROVING THE ENGINEER'S REPORT

AND THE CONTINUATION OF THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2022/2023 FOR THE CITY OF

PALMDALE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS AND

ANNEXATIONS, PARK MAINTENANCE AND RECREATION

IMPROVEMENT DISTRICT, AND STREETLIGHT MAINTENANCE

ASSESSMENT DISTRICTS AND ANNEXATIONS

Mayor Hofbauer opened the Public Hearing.

Public Comments: None.

A motion was made and carried unanimously to close the Public Hearing.

Mayor Pro Tem Loa asked about the status of Rancho Vista Park. Director of Public Works Heffernan and Deputy Director of Public Works Glidden provided a status update on the lighting, tr ees, and irrigation, and announced a ribbon cutting scheduled on August 1, 2022. Discussion ensued regarding Palmenthol Historical, A.C. Warnack, and Arnie Quinones parks.

Motion: Adopt Resolution No. CC 2022-042.

Moved by Austin Bishop, seconded by Richard J Loa.

Vote: Motion carried (5-0)

CC/SA/HA 07/13/2022 9

Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

14.3) Public Hearing and Review of Proposed Resolution Nos CC 2022 -061, CC 2022-062 and CC 2022 -063 for adoption regarding establish ment of a community facilities district and related special taxes, appropriation limit, and annexation; introduce ordinance levying special taxes in Community Facilities District 2022 -1. (Staff Reference: Director of Public Works Heffernan)

Director of Pu blic Works Heffernan provided a brief overview of the staff report and read the title of Resolution Nos. CC 2022 -061, CC 2022-062, and CC 2022-063.

RESOLUTION NO. CC 2022-061, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE OF FORMATION OF THE CI TY OF
PALMDALE COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (CITYWIDE

MAINTENANCE AND SERVICES), AUTHORIZING THE LEVY OF A

SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING

AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND PROVIDING FOR THE FUTURE ANNEXATION OF PROPERTY TO THE DISTRICT;

RESOLUTION NO. CC 2022-062, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (CITYWIDE
MAINTENANCE AND SERVICES); AND

RESOLUTION NO. CC 2022-063 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE DECLARING RESULTS OF SPECIAL

ELECTION AND DIRECTING THE RECORDING OF NOTICE OF SPECIAL TAX LIEN - COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (CITYWIDE

MAINTENANCE AND SERVICES)

Mayor Hofbauer opened the Public Hearing.

Public Comments: None.

A motion was made and carried unanimously to close the Public Hearing.

Council asked about the Landscape Maintenance Districts (LMD's) and the ability for property owners to be included in an annexation o r to opt out.

Director of Public Works Heffernan and Sara of NBS provided clarification on the process of being included in or opting out of a Landscape Maintenance District and provided information on the Community Facility District.

Deputy City Clerk Scott opened the ballot and stated the district carried.

Motion: Adopt Resolution Nos. CC 2022-061, CC 2022-062 and CC 2022-063.

Moved by Austin Bishop, seconded by Richard J Loa.

Vote: Motion carried (5-0)
Yes: Steven Hofbauer, Richard J Loa, Juan Carrillo, Austin Bishop, Laura

CC/SA/HA 07/13/2022 10

Bettencourt.

Mayor Hofbauer called for a recess at 9:00 p.m. - 9:10 p.m.

Mayor Hofbauer left the meeting at this time.

14.4) Public Hearing and Review of Proposed Resolution No. CC 2022-043 for adoption. (Staff Reference: Director of Public Works Heffernan)

Director of Public Works Heffernan presented the staff report and read the title of Resolution No. CC 2022-043.

RESOLUTION NO. CC 2022-043, A RESOLUTION OF THE CITY COUNCIL

OF T HE CITY OF PALMDALE UPDATING THE SEWER COLLECTION

SERVICE CHARGE AND ORDERING THE CONTINUATION OF THE

CHARGE FOR THE OPERATION AND MAINTENANCE OF THE

PALMDALE SEWER COLLECTION SYSTEM FOR FISCAL YEAR
2022/2023

Mayor Pro Tem Loa opened the Public Hearing.

Public Comments: None.

A motion was made and carried unanimously to close the Public Hearing.

Motion: Adopt Resolution No. CC 2022-043.

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.

14.5) Public Hearing and Review of Proposed Resolution No. CC 2022-077. (Staff Reference: Director of Public Works Heffernan)

Director of Public Works Heffernan provided a brief overview of the staff report and read the title of Resolution No. CC 2022-077.

RESOLUTION NO. CC 2022-077, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE ORDERING THE VACATION OF A
SEGMENT OF 6TH STREET EAST (100 FEET SOUTH OF SIERRA
HIGHWAY TO 220 FEET NORTH OF AVENUE P-14) AND THE

RESERVATION OF THE EXISTING UTILITY EASEMENTS THEREIN

Mayor Pro Tem Loa opened the Public Hearing.

Public Comments: None.

A motion was made and carried unanimously to close the Public Hearing.

Motion: Adopt Resolution No. CC 2022-077.

Moved by Austin Bishop, seconded by Juan Carrillo.

CC/SA/HA 07/13/2022 11

Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

14.6) Public Hearing and Review of Proposed Or dinance No. 1589 for adoption. (Staff Reference: Director of Economic and Community Development Garibay - Presented by Associate Planner Alvarado)

Associate Planner Alvardo provided a detailed overview of this project and read the title of Ordinance No. 1589.

ORDINANCE NO. 1589, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING SPECIFIC PLAN AMENDMENT 21 -001;

A REQUEST TO MODIFY LAND USE DESIGNATIONS, PERMITTED USES,

AND STANDARDS OF DEVELOPMENT FOR THE RANCHO VISTA

SPECIFIC PLAN

A motion was made and carried unanimously to close the Public Hearing.

Mayor Pro Tem Loa opened the Public Hearing.

Public Comments: None.

Greg Quan, RY Properties, announced that he was available to answer Council questions. Mayor Pro Tem Loa asked about the increase in density, and Mr. Quan stated the overall density would not be increased. Discussion ensued regarding future development.

A motion was made and carried unanimously to introduce Ordinance No. 1589.

Motion: Adopt Ordinance No. 1589.

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.

14.7) Public Hearing and Review of Proposed Ordinance No. 1592 for adoption. (Staff Reference: Director of Economic and Community Development Garibay)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ORDINANCE NO. 1592 FLAVORED TOBACCO BAN,
AMENDING SECTION 5.04.670 (TOBACCO/SMOKING PRODUCT
RETAILER) OF CHAPTER 5.04 (BUSINESS REGULATION) OF TITLE 5 (BUSINESS LICENSES, TAXES, AND REGULATION) OF THE PALMDALE

MUNICIPAL CODE BANNING FLAVORED TOBACCO PRODUCTS

Motion: Continue Ordinance No. 1592 to the August 3, 2022 City Council

CC/SA/HA 07/13/2022 12

meeting.

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.

14.8) Public Hearing and Review of Proposed Resolution No. CC 2022 -064 regarding energy rates and rate setting parameters. (Staff Reference:

Director of Finance Samson - Presented by Energy Resource Manager Salt) Energy Resource Manager Salt provided a brief overview of the staff report and read the title of Resolution No. CC 2022 -064. Ms. Salt introduced t he consultant Cathy DeFalco from CalChoice who provided information regarding the different programs, Discussion ensued regarding Electrical Vehicle (EV) chargers.

RESOLUTION NO. CC 2022-064, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALMDALE, APPRO VING THE INITIAL RATES AND

RATE SETTING PARAMETERS FOR ENERGY FOR PALMDALE'S

INDEPENDENT CHOICE COMMUNITY CHOICE AGGREGATION

PROGRAM

Mayor Pro Tem Loa opened the Public Hearing.

Garlenia Davis and Mario Presents provided public comments regarding the rates and purchasing of power.

Energy Resource Manager Salt and Ms. DeFalco answered questions regarding procurement of energy, maintenance of energy lines, prevention of black outs and brown outs, and the option to opt out.

A motion was made and carried unanimously to close the Public Hearing.

Motion: Adopt Resolution No. CC 2022-064.

Moved by Juan Carrillo, seconded by Austin Bishop.

Vote: Motion carried (3-1)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop.

No: Laura Bettencourt.

Absent: Steven Hofbauer.

Mayor Pro Tem Loa requested that 14.10 be taken out of order at this time.

Council concurred.

A motion was made and carried unanimously to continue the meeting past 10:30 p.m. to hear Item Nos. 14.10 and 15.1.

14.9) Public Hearing and Review of Proposed Resolution No. CC 2022 -065 for adoption, regarding an updated city-wide fee schedule. (Staff Reference:

Director of Finance Samson)
This item was not heard.

CC/SA/HA 07/13/2022 13

14.10) Public Hearing and Review of Proposed Urgency Ordinance U-1590 for adoption. (Staff Reference: Acting City Attorney Porter)

Mayor Pro Tem Loa stated he spoke to Acting City Attorney Porter and asked him to prepare language related to a motion to have all of the commissioners removed and to reappoint the current commi ssioners to serve until after the election. Discussion ensued regarding expiration of terms and the application process.

Acting City Attorney Porter read the title of Urgency Ordinance No. U-1590.

Adopt Urgency Ordinance No. U -1590, An Ordinance of the C ity Council of the City of Palmdale Amending Chapter 2.46 Regarding Planning Commissioner Appointments

Mayor Pro Tem Loa opened the Public Hearing.

The following individuals provided public comments:

Stacia Nemeth opposed the adoption of Urgency Ordinance No. U-1590 encouraged Council to reappoint the eligible commissioners.

Eric Ohlsen stated the Commissioners serve at the pleasure of the City Council.

Kevin Shenkman spoke in opposition to the appointment of new Planning Commissioners.

A motion was made and carried unanimously to close the Public Hearing.

Mayor Pro Tem Loa restated his motion to maintain all of the current Commissioners in place until after the election. Discussion ensued among Council. Acting City Attor ney Porter directed Council to the staff report for clarification. Councilmember Bishop asked for clarification of Mayor Pro Tem Loa's motion. Mayor Pro Tem Loa clarified his motion. Councilmember Bishop seconded Mayor Pro Tem Loa's motion. Acting City Att orney Porter read the amended ordinance language into the record.

Motion: Adopt Urgency Ordinance No. U-1590.

Moved by Richard J Loa, seconded by Austin
Bishop.

Acting City Attorney Porter asked for a recess at this time. No vote was taken.

Recess was held from 10:49 p.m. - 11:05 p.m.

Councilmember Bettencourt made a motion to postpone this item until July 20, 2022 and to keep the application process open until the date of the meeting. Councilmember Bishop seconded the motion. There was no vote taken on this motion.

CC/SA/HA 07/13/2022 14

Motion: Adopt Urgency Ordinance U-1590 with amendments.

Moved by Juan Carrillo, seconded by Richard J Loa.

Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.

Absent: Steven Hofbauer.

15) APPOINTMENTS
A motion was made and carried unanimously to continue the meeting to hear Item 15.1 only.

Motion: To continue the balance of the agenda to the July 20, 2022 meeting. 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.

15.1) Removal and Appointment and/or Reappointment of Planning Commissioners. (Staff Reference: Acting City Attorney Porter)
Mayor Pro Tem Loa called for Public Comments.

The following individuals provided public input:

Eric Ohlsen spoke regarding Planning Commissioner appointments. Kevin Shenkman opposed removing the Planning Commissioners.

A motion was made and carried unanimously to closed the Public Comment section.

Motion: Move to keep all five (5) Planning Commissioners in place until after the election.

Moved by Richard J Loa, seconded by Austin Bishop.

Vote: Motion Failed (2-2)
Yes: Richard J Loa, Austin Bishop. No: Juan Carrillo, Laura Bettencourt.

Steven Hofbauer.

Motion: Continue this item to the July 20, 2022 meeting. 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.

15.2) Approve Appointment to the Palmdale Aerospace Academy. (Staff Reference: City Clerk Smith)
This item was tabled to July 20, 2022.

CC/SA/HA 07/13/2022 15

16) NEW BUSINESS

16.1) 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 July 20, 2022.
17) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON

THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT

PUBLIC EXPENSE

17.1) COMMITTEE MEMBERSHIPS.
• ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
• ANTELOPE VALLEY TRANSIT AUTHORITY
• CALIFORNIA CONTRACT CITIES ASSOCIATION
• CITY OF PALMDALE AUDIT COMMITTEE
• CITY OF PALMDALE INVESTMENT OVERSIGHT COMMITTEE
• HIGH DESERT CORRIDOR JOINT POWERS AUTHORITY
• LEAGUE OF CALIFORNIA CITIES
• LOS ANGELES COUNTY SANITATION DISTRICT
• NORTH LOS ANGELES COUNTY TRANSPORTATION COALITION
• PALMDALE RECYCLED WATER AUTHORITY
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL

COUNCIL
• UNITED STATES/MEXICO SISTER CITIES ASSOCIATION
• CALIFORNIA STATE PRISON – LOS ANGELES COUNTY, CITIZENS

ADVISORY COMMITTEE

This item was not heard.

17.2) MEETINGS ATTENDED AT PUBLIC EXPENSE
18) CITY MANAGER’S REPORT
This item was not heard.

19) CITY COUNCIL REQUESTS FOR NEW AGENDA ITEMS
This item was not heard.

CC/SA/HA 07/13/2022 16

20) Adjournment.

Mayor Pro Tem Loa adjourned the meeting at 11:15 p.m., in memory of Kern County Firefighter and Quartz Hill High School graduate Aiden Agnor to July 20, 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 7th day of September 2022.

Steven D. Hofbauer, Mayor

ATTEST:

Shanae Smith, City Clerk
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 CC/HA Minutes 7/20/2022 9
Rights, and the approval of Measure AV funds.

Laurel Forrest encouraged Council to consider updating the camera work for the City Council meetings.

17) ADJOURN

Mayor Pro Tem Loa adjourned the meeting at 10:23 p.m. to August 3, 2022 at 7:00 p.m.

PASSED, APPROVED, and ADOPTED this 7th day of September 2022.

Steven D. Hofbauer, Mayor

ATTEST:

Shanae S. Smith, City Clerk
City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES

HOUSING DIVISION
DISTRICT: ALL
SUBJECT: PUBLIC HEARING ON THE DRAFT CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION REPORT (CAPER) FOR FISCAL
YEAR 2021-2022; REVIEW AND CONSIDER APPROVAL OF THE
2021-2022 CAPER; CONSIDER REQUEST TO 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 , 2022 IN COMPLIANCE WITH HUD

REGULATIONS
ISSUE
Public Hearing on the Draft Consolidated Annual Performance Evaluation Report (CAPER) for Fiscal Year 2021-2022; review and consider approval of the 2021-2022 CAPER; consider request to 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, 202 2 in compliance with HUD Regulations.

RECOMMENDATION
Staff recommends that the City Council:

1. Open a public hearing to receive public comments on the Draft CAPER for Fiscal Year 2021-2022;

2. Review and approve the 2021-2022 CAPER; and

3. Authorize the City Manager or their designee to make necessary changes and submit the CAPER report t o HUD by September 23, 202 2 in compliance with applicable regulations.

BACKGROUND
As an entitlement and participating jurisdiction, the City of Palmdale rec eives an annual allocation of funds from HUD under its Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Programs. Additionally, the City received a special Report to Mayor and City Council
Public Hearings for CAPER and Community Needs
September 7, 2022

allocation of Community Development Block Grant COVID-19 (CDBG-CV) funds, as authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020, to be used to exclusively on eligible activities that prepare for, prevent, and respond to the COVID-19 pandemic. As an entitlement and participating jurisdiction, the City is required to prepare and obtain HUD approval of a Consolidated Plan covering a period of five years. The 2020 Five-year Consolidated Plan was approved by Council and submitted to HUD in June 2020. The plan addresses a variety of HUD-required issues including the City’s plan to address affordable housing and other needs of low- and moderate-income persons.

At the end of each grant year, the City is required to submit a CAPER, providing an assessment of the City’s performance and a statement of its expenditures in meeting the goals and objectives stated in its Consolidated Plan and in its Annual Action Plan.

DISCUSSION
The Action Plan identifies the programs, projects, and services to be provided during the fiscal year to meet the goals and objectives of the Consolidated Plan. As required by HUD regulations, the CAPER includes the use of the 2021-2022 allocation of $1,541,561 of CDBG funds and $577,747 HOME funds, plus prior year CDBG and HOME funds. The CAPER also reports the special allocation of $1,932,895 of CDBG-CV funds. The following are the allocated and estimated use of funds for activities within the 2021-2022 program year:

CDBG Funds Allocated Expended
Administration
General CDBG Administration $248,710.00 $42,073.60
CDBG Planning 22,820.00 22,817.14
Housing Rights Center (Fair Housing Services) 36,782.00 36,782.00 Administration – Total 306,561.00 99,921.74
Public Service
South Antelope Valley Emergency Services – SAVES
Public Service Programs -
Total
Affordable Housing Development
231,234.00
231,234.00
231,234.00
231,234.00
Juniper Grove Apartments 250,000.00 225,000.00
Affordable Housing Development – Total 250,000.00 225,000.00 Economic Opportunity Program
Business Assistance Program 220,082.00 0.00
Economic Development 100,000.00 0.00 Economic Opportunity Program – Total 320,082.00 0.00
Report to Mayor and City Council
Public Hearings for CAPER and Community Needs
September 7, 2022

Capital Improvements
Section 108 Loan Repayment 378,730.00 378,343.00
Spot Blight Acquisition and Demolition 449,834.00 322,177.44 ADA Compliance – Q-12 1,525,200.00 78,887.76
ADA Legacy Commons 200,000.00 5,218.00 Chimbole ADA Access 110,000.00 11,180.71
Capital Improvements - Total 2,663,764.00 795,806.91
CDBG Total $3,671,641.00 $1,351,962.65
Allocated Expended
Administration
General HOME Administration $57,774.00 $25,038.50
Administration – Total $57,774.00 $25,038.50
Programs/Projects
Juniper Grove Apartments 728,678.00 474,981.00
Tenant Based Rental Assistance Program (TBRA) 338,180.00 157,815.81 COVID Rental Assistance Program (TBRA-CV) 326,304.00 189,197.47 HOME Programs/Projects - Total 1,393,162.00 821,994.28
HOME Total $1,450,936.0
0 $847,032.78
CDBG-CV Funds Allocated Expended
Administration
General CDBG-CV Administration $386,580.00 $141,102.09
Administration – Total 386,580.00 141,102.09
Public Service
South Antelope Valley Emergency Services - SAVES 575,010.00 498,685.95 Mortgage Assistance Program 548,095.00 247,948.15
Rental Assistance Program 300,000.00 0.00
Public Service Programs – Total 1,423,104.00 746,634.10 Economic Assistance Programs
Business Assistance Program 123,310.00 107,282.18
Economic Assistance Programs – Total 123,310.00 107,282.18 CDBG-CV Total $1,914,994.00 $995,018.37
The City complied with its Citizen Participation Plan and the CDBG regulations requiring that the CAPER be made available for public review and comment prior to submitting it to HUD. A public notice informing Citizens of the locations where the report was available Report to Mayor and City Council
Public Hearings for CAPER and Community Needs
September 7, 2022

for review and inviting oral or written comments either prior to or at the public hearing on September 7, 2022 was published in the Antelope Valley Press and the City’s website on August 23, 2022. The notice also invited citizens interested in expressing their views concerning the use of CDBG and HOME funds to submit written comments or attend the public hearing on September 7, 2022.

Staff requests that the City Council hold the public hearings, approve the Draft 2021-2022 CAPER Report for CDBG, HOME, and CDBG-CV funds, and authorize the City Manager or their designee to make any necessary changes and submit the CAPER report to HUD by September 28, 2022.

FISCAL IMPACT
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. Manager resources, costs and liabilities to ensure the City’s long-term fiscal health.

Prepared by: Sophia Reyes, Housing Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS

1. Draft Consolidated Annual Performance Evaluation Report (CAPER) for Fiscal Year 2021-2022

Draft 2021-2022
Consolidated Annual
Performance and
Evaluation Report

Community Development Block Grant
HOME Investment Partnerships Program

Draft

September 7, 2022

This page intentionally left blank.

Draft 2021/2022 CONSOLIDATED ANNUAL PERFORMANCE

AND EVALUATION REPORT
JULY 1, 2021 THROUGH JUNE 30, 2022

STEVEN D. HOFBAUER

Mayor

RICHARD J. LOA

Mayor Pro Tem

AUSTIN BISHOP

Council Member

JUAN CARRILLO

Council Member

LAURA BETTENCOURT

Council Member

RONDA PEREZ

Interim City Manager

MIKE MILLER

Director of Neighborhood Services

SOPHIA REYES

Housing Manager

This page intentionally left blank.

Table of Contents

CR-05 - Goals and Outcomes .......................................................................................................... 1 CR-10 Racial and Ethnic Composition of (person/households/families) Assisted ......................... 8 CR-15 Resources and Investments.................................................................................................. 9 CR-20 Affordable Housing ............................................................................................................. 15 CR-25 Homeless and Other Special Needs ................................................................................... 18 CR-30 Public Housing .................................................................................................................... 22 CR-35 Other Actions ...................................................................................................................... 24 CR-40 Monitoring .......................................................................................................................... 30 CR-45 CDBG ................................................................................................................................... 32 CR-50 HOME.................................................................................................................................. 34

Appendices

Appendix A – Public Notice ............................................................................................................. A Appendix B – Summary of Citizen Participation Comments........................................................... B Appendix C – IDIS Reports .............................................................................................................. C

This page intentionally left blank.

City of Palmdale 2021-2022 CAPER 1
OMB Control No: 2506-0117 (exp. 06/30/2018)

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)

This 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) is the City of Palmdale’s report to the U.S. Department of Housing and Urban Development (HUD) describing the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds during the second program year of the 2020-2024 Consolidated Plan period, covering July 1, 2021 to June 30, 2022. This CAPER will also describe the use of the Community Development Block Grant Coronavirus (CDBG -CV) funds, as authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March, 27, 2020 and programmed into the City’s 2019-2020 Annual Action Plan, as amended.

The City receives CDBG and HOME funds from HUD on a formula basis each year and received a special allocation of CDBG-CV funds. In turn, the City implements projects and awards grants and loans to nonprofit, for-profit and public organizations for projects in furtherance of the adopted Consolidated Plan. The CDBG and HOME programs provide for a wide range of eligible activities for the benefit of low- and moderate-income Palmdale residents. The CDBG-CV funds provide for eligible activities that prepare for, respond to, and prevent COVID-19 pandemic.

For the 202 1-2022 program year, the City received $1,541,561 of CDBG funds and $ 577,747 of HOME funds from HUD. Together, with prior year(s) funding available, a total of $2,241,115 was allocated to projects in the 2021-2022 Action Plan. This investment of CDBG and HOME funds was a catalyst for positive change in the community. Together with other federal, state and local investments, HUD resources allowed the City and its partners to:

• Provide fair housing services to 337 residents;
• Provide homelessness prevention and assistance services to 12,578 residents; • Provided tenant-based rental assistance to 27 senior households; • Provide for progress for construction on Juniper Grove Affordable Apartments, which will provide for a total of 101 units;
• Provide for progress for ADA improvements at Q -12 that will benefit 41,255 when complete;
• Provide for progress for the Spot Blight Acquisition and Demolition activity; • Begin design for Legacy Commons ADA
• Begin design for Chimbole Center ADA

Additionally, the City continued eligible activities for the special allocation of CDBG (CDBG-CV) in the amount of $1,932,895 to be used exclusively on eligible activities that prepare for, respond to and prevent the COVID-19 pandemic. The CDBG-CV funds were programmed in the 2019-2020 Action Plan.

• Respond to COVID-19 pandemic by providing 3 low- and moderate-income households

City of Palmdale 2021-2022 CAPER 2
OMB Control No: 2506-0117 (exp. 06/30/2018)

with Mortgage Assistance; and
• Respond to COVID-19 pandemic by providing emergency tenant-based rental assistance to 10 households
Provide homelessness prevention and assistance services to 178,625 residents; Table 1 provides a summary of the five-year and one-year accomplishments for the period ending June 30, 2022, arranged by each of the Strategic Plan Goals included in the 2020- 2024 Strategic Plan of the Consolidated Plan and the COVID-19 Response goal in the 2019-2020 Action Plan.

City of Palmdale 2021-2022 CAPER 3
OMB Control No: 2506-0117 (exp. 06/30/2018)

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)

Table 1 - Accomplishments – Strategic Plan & Program Year to Date Goal Category
2021-2022
Amount
Allocated
Indicator Unit of
Measure
5-Year Strategic Plan 2021-2022 Program Year 2
Expected Actual Percent
Complete Expected Actual Percent
Complete
Affordable
Housing
Development
Affordable
Housing
HOME:
$369,973 Rental units constructed Household
Housing Unit 99 0 00.00% 0 0 0%
Affordable
Housing
Preservation
Affordable
Housing
HOME:
$0
Rental Units
Rehabilitated
Household
Housing Unit 5 0 0.00% 0 0 0.00%
Rental
Assistance
Affordable
Housing
HOME:
$338,180
Tenant-based rental
assistance / Rapid
Rehousing
Households 80 63 78.75% 20 37 185.00%
Fair Housing
Services
Affordable
Housing
CDBG:
$36,782 Other Other 1,500 678 45.20% 300 337 112.34%
Homelessness
Prevention and
Assistance
Homeless CDBG:
$231,234
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted N/A N/A N/A N/A N/A
N/A
Accomplis
hments
recorded
under

CDBG-CV
Goal
Public Facilities
and
Infrastructure
Improvements
Non-Housing
Community
Development
CDBG:
$628,092
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted

200,000 47,415 23.71% 40,000 0 0%

City of Palmdale 2021-2022 CAPER 4
OMB Control No: 2506-0117 (exp. 06/30/2018)

Goal Category
2021-2022
Amount
Allocated
Indicator Unit of
Measure
5-Year Strategic Plan 2021-2022 Program Year 2
Expected Actual Percent
Complete Expected Actual Percent
Complete
Economic
Opportunity
Non-Housing
Community
Development
CDBG:
$100,000
Expand economic
opportunity for low-
income residents and
small business owners
Businesses
Assisted
Jobs
Created/Ret
ained
40 20
0 0

0.00%

0.00%
8 5
0 0

0.00%

0.00%
Planning Planning and
Administration
CDBG:
$271,530
HOME:
$57,774
Other Other 2 2 100.00% 2 2 100.00%
COVID-19
Response
Non-Housing
Community
Development

CDBG-CV
$1,932,895 COVID-19 Impact
Businesses
Assisted
Households
Assisted
Persons
Assisted
Planning and
Admin.
20 50

357,250
1 11

41 178,625
1 55.00%

86.00%

50.00%
100.00%
20 50

357,250
1 0

1 178,625
1 0.00%

86.00%

50.00%
100.00%

City of Palmdale Draft 2021-2022 CAPER 5
OMB Control No: 2506-0117 (exp. 06/30/2018)

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

During the program year, the City and its housing and community development partners made progress on several 2021-2022 activities as well as some multi -year activities that continued during the program year. All CDBG and HOME fund ed activities addressed specific high priority objectives identified in the 2020-2024 Consolidated Plan. All CDBG-CV funded activities prepared for, responded to, or prevented the COVID-19 pandemic.

The CDBG -funded South Antelope Valley Emergency Services activit y provided much needed services through the CDBG entitlement funding and the expanded their services with CDBG-CV funding. In early March, 2020 the County Department of Public Health issued a State of Emergency and ordered all non -essential business to close due to the COVID- 19 Pandemic. On March 16, 2020 SAVES adopted the COVID -19 National Emergency model to bec ome an emergency-only food distribution center. SAVES re-designed from client-choice to a no -contact drive-thru. SAVES also coordinated with local churches and community group volunteers to deliver emergency food to shut- in senior residents. SAVES operated under this model for the entire 2020-2021 program year to comply with ongoing Public Health orders and to maintain the mission of SAVES to provide emergency services to Palmdale residents while keeping both staff and the public safe and healthy. As a result, SAVES served 178,625 persons within all residential tracts of the City, meeting the Low and Moderate Area National Objective. During the program year 21,461 food orders were distributed to households in need.

The majority of CDBG funds were allocated to public facilities and infras tructure improvement activities to benefit low- and moderate-income neighborhoods, provide disabled access, provide facilities for homelessness prevention services , or that directly support affordable housing , during the program year. The project scope for the ADA Improvements at Q-12 was increased to include street improvements . Construction is anticipated to commence by the end 2022. The 2019 Spot Blight Acquisition and Demolition activity the acquisition was completed and the demolition process has commenced.

The 2021 HOME-funded Tenant Based Rental Assistance (TBRA) provided assistance to 27 unduplicated extremely low-income senior households (age 62 or older) experiencing a severe housing cost burden (more than 50% of household income goes to rent).

The City has been working tirelessly to prepare for, respond to, and prevent Coronavirus. During this program year the City utilized CDBG-CV funds to continue the Mortgage Assistance Program that provided financial support to 3 eligible households who were economically impacted.

The City has made significant progress toward the numeric accomplishment goals for projects during this first year of the five-year Consolidated Plan period, and to prepare for, respond to, and prevent COVID -19 pandemic. Each of the activities that were underway during the 2021-

City of Palmdale Draft 2021-2022 CAPER 6
OMB Control No: 2506-0117 (exp. 06/30/2018)

2022 program year are listed in Figure 1, including the amount of CDBG , HOME, or CDBG -CV funds allocated to the a ctivity and the amount spent as of June 30, 2022. Figure 2 provides the numeric accomplishment goal and the amount accomplished as of June 30, 2022.

City of Palmdale Draft 2021-2022 CAPER 7
OMB Control No: 2506-0117 (exp. 06/30/2018)

Figure 1 – Use of CDBG and HOME Funds

1. Affordable Housing Development
2019 Juniper Grove Apartments HOME $376,812.00 $376,812.00 100.00% 2020 Juniper Grove Apartments HOME $351,866.00 $98,169.00 27.90% 2019 Juniper Grove Apartments CDBG $250,000.00 $225,000.00

90.00%
2019 Tenant- Based Rental Assistance HOME $188,180.00 $157,815,81 83.86% 2020 Tenant-Based Rental Assistance (CV) HOME $326,304.00 $189,197.47 58.00% 2021 Tenant-Based Rental Assistance HOME $150,000.00 $0.00 0.00 Subtotal $1,643,162.00 $1,031,602.24 62.79%

2. Fair Housing Services
2021 Fair Housing Services CDBG $36,782.00 $36,782.00 100.00%

3. Public Services Including Homelessness
2021 South Antelope Valley Emergency
Services CDBG $231,234.00 $231,234.00 100.00%

4. Public Facilities and Infrastructure Improvements
2019 Section 108 Debt Service CDBG $378,730.00 $378,343.00 99.99% 2018 Street Improvement Q-12 CDBG $836,500.00 $78,887.76 9.437% 2020 Street Improvement Q-12 CDBG $200,000.00 $0.00 0.00% 2021 Street Improvement Q-12 CDBG $488,500.00 $0.00 0.00% 2019 Spot Blight Acquisition and Demolition CDBG $200,000.00 $200,000.00 100.00% 2020 Spot Blight Acquisition and Demolition CDBG $249,834.00 122,177.44 48.94% 2020 ADA Legacy Commons CDBG $150,000.00 $5,218.38 3.48% 2021 ADA Legacy Commons CDBG $50,000.00 $0.00 0.00%0%
2021 Chimbole ADA Access CDBG $110,000.00 $11,180.71 10.17%

Subtotal $2,663,564.00 $795,807.29 29.88%

5. Economic Opportunity
Business Assistance Program CDBG $220,082.00 $0.00 0.00% 2021 Economic Development CDBG $100,000.00 $0.00 0.00%

6. Planning and Administration
CDBG Program Administration CDBG $248,710.00 $42,073.60 16.92% CDBG Planning CDBG $22,820.00 $22,817.14 100.00%
HOME Program Administration HOME $57,774.00 $25,038.50 43.34% Subtotal $329,306.00 $89,929.24 27.31
%

7. COVID Response
South Antelope Valley Emergency Services CDBG-
CV $575,010.00 $498,685.95 86.73%
Business Assistance Program CDBG-
CV $123,210.00 $107,282.18 87.08%
Mortgage Assistance Program CDBG-
CV $548,095.00 $247,948.15 45.24%
Rental Assistance Program CDBG-
CV $300,000.00 $0.00 0.00%

City of Palmdale Draft 2021-2022 CAPER 8
OMB Control No: 2506-0117 (exp. 06/30/2018)

CDBG-CV Administration CDBG-
CV $386,580.00 $141,102.09 36.50%
Subtotal $1,932,895.00 $995,018.37 51.448

Total for all Goals: $7,157,025.00 $3,180,274.14 44.44%%

Figure 2 – Program Year Accomplishments by Strategic Plan Goal Strategic Plan Goal / Activity Unit of Measure Expected Actual

1. Affordable Housing Development
2020 Juniper Grove Apartments Household Unit 99 0

2019 Juniper Grove Apartments
2021 Tenant-Based Rental Assistance Household Unit 20 37

2. Fair Housing Services
Fair Housing Services People 300 337

3. Public Services Including Homelessness
South Antelope Valley Emergency Services People See Goal 7 See Goal 7

4. Public Facilities and Infrastructure Improvements
Section 108 Debt Service N/A N/A N/A
2020 ADA Compliance – Q-12
People 40,000 0

2019 ADA Compliance – Q-12
2018 ADA Compliance – Q-12
2020 Spot Blight Acquisition & Demolition People 3,650 0

2019 Spot Blight Acquisition & Demolition
2020 ADA Legacy Commons People 3,650 0
202X ADA Chimbole Center People 3,650 0

5. Economic Opportunity
Business Assistance Program Businesses 8 0

6. Planning and Administration
CDBG Program Administration N/A N/A N/A
HOME Program Administration N/A N/A N/A

7. COVID-19 Response
South Antelope Valley Emergency Services People 178,625 178,625

Mortgage Assistance Program Households 10 3
Rental Assistance Program Households 50 0
CDBG-CV Administration N/A N/A N/A

City of Palmdale Draft 2021-2022 CAPER 9
OMB Control No: 2506-0117 (exp. 06/30/2018)

CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
Table 2 – Table of assistance to racial and ethnic populations by source of funds

CDBG HOME
White 19 12
Black or African American 4 18
Black/African American & White 2 1
Asian 3 0
American Indian/ Alaskan Native 6 0
Native Hawaiian or Other Pacific Islander 2 0
Other multi-racial 10 6
Total 40 37
Hispanic 22 8
Not Hispanic 18 29

Narrative
Table 2 provides an aggregate of race and ethnicity data for persons and households served during the program year based on accomplishment data from all CDBG , HOME, and CDBG -CV activities reported in HUD’s Integrated Disbursement and Information System (IDIS).

Based on the information in Table 2, a diverse array of persons and households benefitted from CDBG, HOME, and CDBG-CV funded housing, public facilities, or public service projects during the program year. To note, the City has two TBRA activities: 1. An ongoing TBRA activity in the fourth year of the subrecipient agreement that assisted 27 unduplicated extremely low income, rent - burdened Senior households; and 2. A TBRA a ctivity responding to COVID- 19 pandemic that assisted 10 households who were economically impacted by the pandemic (PR-23 records 37 households, as reported in tables 2, 11, and 12).

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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available

Table 3 - Resources Made Available
Source of Funds
Resources Made
Available in 2021-2022
Action Plan
Amount Expended
During Program Year
CDBG $1,646,368 $1,152,730
HOME $577,747 $559,887
Other: CDBG-CV $1,932,895 $863,903

Narrative

The federal, state, local and private resources available for the implementation of projects during the 2021 -2022 program year are identified in Table 3. The CDBG resources include $1,646,368 of CDBG formula grant funds . The HOME resources include $577,747 of HOME formula grant funds. The City received a special allocation of $1,932,895 of CDBG-CV funds. A grand total of $4,157,010 of CDBG, HOME, and CDBG-CV funds were allocated to projects in the Action Plan.

Identify the geographic distribution and location of investments

Table 4 – Identify the geographic distribution and location of investments Target Area
Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Low- and Moderate-
Income Areas 38 38 Chimbole Cultural Center (Central
Palmdale) and Q12

Narrative
The 2021-2022 Action Plan allocated $628,092 to public facilities and Infrastructure activities, representing 38 per cent of the program year CDBG investments. Combined with prior program funds, over $2.1 million of CDBG funds were designated to Public Facilities and Infrastructure activities designed to benefit the Low-and Moderate-Income Areas, of which 77% benefited low- and moderate-income areas.

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Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

To address housing and community development needs in Palmdale, the City leverages its CDBG and HOME entitlement grants with a variety of funding resources in order to maximize the effectiveness of available funds. The primary funding sources for leveraging CDBG and HOME funds in Palmdale are Housing Successor Agency housing asset funds, redevelopment Successor Agency funds and the Redevelopment Property Tax Trust Fund (RPTTF) funds.

During the program year, the Juniper Grove project located at the southeast corner of Division and East Ave R in Palmdale leverages HOME funds of $728,678 and CDBG funds of $250,000 with Low Income Housing Tax Credits through the California Tax Credit Allocation Committee yielding $22,310,650 of Tax Credit Equity was under construction. Additional financing of $33,211,811 was secured from other sources including multiple grants from the Los Angeles Community Development Authority. This project provides for the new construction of 101 units of housing serving families with rents affordable to households earning 30 -50 percent of area median income (AMI).

Additional CDBG leveraging opportunities were available for South Antelope Valley Emergency Services (SAVES) through the Emergency Food and Shelter Program Phase 37 (funding of $25,300 for Jan 2019– Oct 2021), Phase 38 (funding of $20,200 Jan 2020 – Oct 2021) and Phase CARES (funding of $20,200 Jan 2020 – Oct 2021). Additionally, over $15,000 of cash donations from the community were received, and in-kind donations of food from area businesses and the Palmdale School District were valued over $3 million.

HUD requires HOME Participating Jurisdictions (PJs) to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, PJ s satisfying the distress criteria established by the HOME Program regulations are provided a match reduction. M atch reductions are granted due to fiscal distress, severe fiscal distress, and Presidential disaster declarations. For the 2021- 2022 program year, the City of Palmdale received a 100 percent match reduction from HUD.

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Table 5 – Fiscal Year Summary - HOME Match Report
Fiscal Year Summary – HOME Match

1. Excess match from prior Federal fiscal year $4,819,617

2. Match contributed during current Federal fiscal year $0

3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $4,819,617

4. Match liability for current Federal fiscal year $0

5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $4,819,617

Table 6 – Match Contribution for the Federal Fiscal Year Match Contribution for the Federal Fiscal Year
Project No.
or Other ID
Date of
Contrib.

Cash
(non-
Federal
sources)
Foregone
Taxes,
Fees,
Charges
Appraise
d
Land/Rea
l Property
Required
Infrastruc-
ture
Site
Prep.,
Const.

Materials
, Donated
labor
Bond
Financing Total Match
N/A N/A $0 $0 $0 $0 $0 $0 $0

Table 7 – Program Income
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of
reporting period
Amount received
during reporting
period
Total amount
expended during
reporting period
Amount expended
for TBRA
Balance on hand at
end of reporting
period
$0 $0 $0 $0 $0

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HOME MBE/WBE report

Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Table 8 – Minority Business and Women Business Enterprises

During the reporting period there were no HOME activities required to report on MBE/WBE.

Total
Minority Business Enterprises
White
Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic Hispanic
Contracts
Number 0 0 0 0 0 0
Dollar Amount $0 $0 $0 $0 $0 $0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar Amount $0 $0 $0 $0 $0 $0
Total Women Business
Enterprises Male
Contracts
Number 0 0 0
Dollar Amount $0 $0 $0
Sub-Contracts
Number 0 0 0
Dollar Amount $0 $0 $0

Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Table 9 – Minority Owners of Rental Property
Total
Minority Property Owners
White
Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black
Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar Amount $0 $0 $0 $0 $0 $0

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Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition

Table 10 – Relocation and Real Property Acquisition
Parcels Acquired 0 $0
Businesses Displaced 0 $0
Nonprofit Organizations Displaced 0 $0
Households Temporarily Relocated, not
Displaced 0 $0

Households
Displaced Total
Minority Property Enterprises
White
Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic Hispanic
Number 0 0 0 0 0 0
Cost $0 $0 $0 $0 $0 $0

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate- income, and middle-income persons served.

Table 11 – Number of Households
One-Year Goal Actual
Number of homeless households to be provided
affordable housing units 99 0
Number of non-homeless households to be
provided affordable housing units 70 37
Number of special-needs households to be
provided affordable housing units 0 0
Total 169 50

Table 12 – Number of Households Supported
One-Year Goal Actual
Number of households supported through rental
assistance 20 37
Number of households supported through the
production of new units 99 0
Number of households supported through the
rehab of existing units 0 0
Number of households supported through the
acquisition of existing units 0 0
Total 119 37

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The Juniper Grove Affordable Housing Project financing closed in October, 2020. The City committed $728,678 of HOME funds and $250,000 of CDBG funds for site assemblance . Th e project provides for the production of 101 new affordable units, of which 5 units are HOME units, 50 units are designated for individuals experiencing homelessness, and 2 units are for managers.

It is anticipated construction will be complete in program year 2022 -2023. For Tenant Based Rental Assistance, the City supported 27 Senior households through ongoing rental assistance and an additional 10 households economically impacted by COVID -19 pandemic through a new TBRA program responding specifically to Coronavirus (PR-23 records 37 households, as reported

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in tables 2, 11, and 12). Additionally, the City encouraged households to apply for the California State Covid Relief Rental Assistance Program.

Discuss how these outcomes will impact future annual action plans.

In future annual action plans, the City anticipates continuing to invest HOME funds to address housing affordability for renters and homeowners through the creation of new units, rehabilitation of existing substandard units, and the provision of Tenant Based Rental Assistance to the City’s most vulnerable residents – extremely low-income senior citizens experiencing a severe housing cost burden.

The City is actively seeking a certified CHDO with capacity to develop housing to increase the likelihood of meeting the HOME program requirement that 15 percent of each allocation be committed to a CHDO project within 24 months. The active Tenant Based Rental Assistance Program will ensure that HOME funds are effectively committed on time to meet HUD’s 24 - month commitment deadline. As a result of these actions, the City will be able to strategically invest the remaining HOME funds in affordable housing development or rehabilitation projects at a point in time when these projects are shovel ready with all other financing commitments in place.

Include the number of extremely low -income, low -income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Table 13 – Number of Persons Served
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 18 34
Low-income 23 3
Moderate-income 0 0
Total 41 37

Narrative Information
The 2020-2024 Consolidated Plan - Strategic Plan identifie d high priority affordable housing needs including preserving the supply of affordable housing and providing rental assistance to extremely-low income seniors . During the 2021-2022 program year, the City invest ed HOME funds to Valley Oasis to implement the Tenant -Based Rental Assistance (TBRA) program for extremely low-income seniors experiencing a housing cost burden. In response to COVID-19, the City also implemented a new TBRA program to provide emergency rental assistance to households economically impacted by Coronavirus. Furthermore, the City utilized CDBG-CV funds

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to implement a Mortgage Assistance Program for households economically impacted by Coronavirus to maintain their housing.

Other strategic investments were made with HOME funds to support the building of affordable rental units for Juniper Grove Apartments and CDBG funds to support site assemblage of the Juniper Grove project . Furthermore, the City continues to assist Homes 4 Families through the development process for its Sing le Family CalVet Residential Enriched Neighborhood ( REN) Veterans Housing complex to include up to 56 units of housing for veterans using local housing funds and other private sources.

Through the City’s TBRA , Mortgage Assistance Program, and affordable housing programs, it attempts to meet the needs of worst-case housing needs (defined as low- income renters who experience severe cost burden, substandard housing, or involuntary displacement) , as well as households economically impacted by the COVID -19 Pandemic . Additionally, the City refers individuals at -risk of homelessness to the homeless services and programs described in more detail in the next section of the CAPER.

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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
In Los Angeles County, the Los Angeles Homeless Services Authority (LAHSA) is the lead agency coordinating the Continuum of Care (CoC). LAHSA is a joint powers authority for the City and County of Los Angeles (with the exception of the Cities of Long Beach, Pasadena and Glendale).

A ten-member Commission governs LAHSA. Each of the County’s five Supervisors appoints one (1) commissioner while the Mayor and City Council of Los Angeles app oint another five (5) members. LAHSA plans, coordinate s and manages resources for t he County’s homeless programs. In addition, LAHSA provides technical assistance, data and other planning resources to many of the incorporated cities within the County, including the City of Palmdale. LAHSA develops and oversees a comprehensive strategy to address homelessness.

Additionally, in February , 2016, the Los Angeles Board of Supervisors approved an unprecedented action plan of nearly two dozen interlocking strategies , focusing on six key areas to combat homelessness. The City of Palmdale has been one of over 100 community groups, cities and county leader s who continue to actively participate in the planning and implementation of these strategies to address homelessness. As part of the County strategy, the City of Palmdale participated in a process to create a city -specific plan to prevent and combat homelessness. In addition to participating in County-wide stakeholder meetings and as a member of the Continuum of Care (CoC), the City of Palmdale participates in a regional approach to address homelessness within the Antelope Valley Service Planning Area No. 1 (SPA 1). SPA 1 covers approximately 2,500 square miles of desert and forest, from the Kern County line on the north, to the San Bernardino County line on the east, the Ventura County line on the west and the Angeles Forest on the south. The homeless coun t conducted by LAHSA in January 2019 estimated that the number of homeless persons in SPA 1 increased three percent to 3,293. This count indicated that the number of homeless in Palmdale had increased by 39 percent to 318 people homeless persons in 2019. A more recent count conducted by LAHSA in January 2020 estimated that the number of homeless persons in SPA 1 increased forty -four percent to 4,755.

This count indicated that the number of homeless in Palmdale had decreased by 9 percent to 289 people homeless persons in 20 20. The homeless count was not conducted in 2021 due to the COVID-19 pandemic. LAHSA has not released the homeless count results for 2022.

The City participates in the Antelope Valley Homeless Coalition, an inter -agency council with approximately 30 participants. Through this participation, the City is able to coordinate efforts and resources with local homeless service providers including Los Angeles County’s Coordinated Entry S ystem, outreach and engagement, 2-1-1, and the Homeless Access Center in Palmdale operated by Valley Oasis. Prior to COVID-19 the City partnered with community organizations to hold quarterly Homeless Connect days for people who are homeless or at -risk of homeless, as well as with PATH to conduct weekly outreach and engagement at the City Library and the LAHSA

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Emergency Response Team to provide outreach to people who are literally homeless in the community. The City partners with LAHSA and other community organizations for Project Roomkey in response to COVID-19 Pandemic.

The South Antelope Valley Emergency Services program provides food and other resources to persons experiencing homelessness and individuals and families at risk of homelessness The City allocated the full 15 percent of its 2021-2022 CDBG funds, and supplemented this activity with CDBG-CV funds.

Addressing the emergency shelter and transitional housing needs of homeless persons The ultimate solution to ending homelessness is permanent housing closely aligned with supportive services that ensure housing stability can be maintained. However, because the demand for affordable housing far outpaces the region’s supply, the CoC continues to rely on its emergency and transitional housing system in order to address the immediate needs of Los Angeles County’s homeless population. To expand the options available in the community, the County’s Homeless Initiative has expanded LAHSA-funded crisis housing to 24-hour facilities and has begun providing Rapid Re-Housing and Homeless Prevention funds to the community.

To address homeless needs in Palmdale among the 18 -24 year-old age segment, the City and Advancing Communities Together, Inc. established the Palmdale Dream Center, an 11 -unit transitional housing center with congregate activities and services designed to promote continuing education and employment for residents to achieve self- sufficiency and p ermanent housing. The Coordinated Entry System for youth is Countywide and many of the County’s strategies for addressing homelessness also have a component that prioritizes transitional age youth.

Helping low-income individuals and families avoid becomi ng homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, fost er care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

An individual or family is considered to be at-risk of becoming homeless if it experiences extreme difficulty maintaining their housing and has no reasonable alternatives for obtaining subsequent housing. Circumstances that can cause homelessness include eviction, loss of income, insufficient income, disability, increase in the cost of housing, discharge from an institution, irreparable damage or deterioration to housing, and fleeing from family violence.

During 2021-2022, the City and Valley Oasis used HOME funds to implement the TBRA Program to provide assistance for extremely low-income elderly residents who are experiencing a severe

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rent burden. In response to COVID-19 pandemic the City also implemented a Business Assistance Program to support low - and moderate-income microenterprise businesses, as well as a TBRA program to provide emergency rental assistance, and a Mortgage Assistance Program to provide emergency mortgage relief to support households experiencing economic impact as a result of the Coronavirus.

The City provided funds to South Antelope Valley Emergency Services (SAVES), which provides emergency shelter (motel vouchers) and food to eligible low-income persons, homeless persons, and emancipated youth. SAVES distributes food and clothing to individuals and households at risk of becoming homeless. SAVES provides referral services to partners for job placement, health, educational/training, and social service needs. Additionally, SAVES collaborates with local community partners to offer a continuum of services on- site by providing office space free of rent. During this program year, SAVES expanded services to provide support to the array of households experiencing economic impact from the COVID- 19 pandemic. SAVES conducted drive-thru emergency services and coordinated with an array of community partners to create drive-thru resource fairs. Information provided to residents included outreach and referral to the Census, the SNAP application process , and information on housing services, including services from rental assist ance to tenant rights legal assistance, as well as medical servic es and vaccination opportunities. SAVES utilizes volunteer workers and Los Angeles County Transitional Subsidized Employment (TSE) program participants providing the opportunity to build job skills and experience in a warehouse/food pantry setting and training in general office skills.

The City supports America’s Job Center of California (AJCC) previously known as the South Valley WorkSource Center or One Stop Center centrally lo cated in Palmdale. The Center provides comprehensive employment, training and educational services to employers and job seekers.

The Housing Rights Center uses CDBG funds to provide fair housing, tenant/landlord mediation and legal services for residents through attorney consultations , and preparation of legal documents for the residents to represent themselves in family law and landlord/tenant actions.

Some of these services are provided to prevent undue evictions that could lead to homelessness.

Palmdale is included in the Los Angeles County Development Authority’s (LACDA) efforts to provide Section 8 rental assistance to extremely low - and very low-income households located within the City limits. The Section 8 program gives priority to households that are at risk of becoming homeless or currently residing in inadequate housing.

During 2021-2022, the Housing Authority of the City of Palmdale continued a contract for the Homeless Prevention and Rapid Rehousing Program utilizing Housing Asset Funds to pro vide short- and medium -term rental assistance and other appropriate activities for homeless prevention and rapid rehousing of persons who have become homeless. Implementation began in January, 2019 and has assisted thirty-one unduplicated households.

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Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the peri od of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In support of CoC efforts, the 2020-2024 Strategic Plan provides for the use of CDBG funds to support activities implemented by local nonprofit organizations that provide services to help prevent and eliminate homelessness, including families at risk of homelessn ess. The City will provide CDBG funds to South Antelope Valley Emergency Services (SAVES) and HOME funds to Valley Oasis for the Tenant Based Rental Assistance Program. HOME funds are also used to promote affordable housing development and preservation eff orts. Additionally, the Homeless Prevention Rapid Rehousing Program funded by Housing Asset Funds will continue to provide assistance to rehouse households experiencing homelessness, as well as prevent individuals and families from becoming homeless. In response to COVID-19 pandemic, the City has utilized HOME funds to implement a TBRA program, and CDBG -CV funds to implement a Business Assistance Program and a Mortgage Assistance Program, as well as supplement the SAVES program. The City is also encouraging residents to apply for other funding available in response to the Coronavirus, including the State of California’s COVID Relief Rental Assistance Program.

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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Palmdale Housing Authority was formed in 1994 under State of California Housing Authority Law to actively improve existing neighborhoods and develop affordable housing opportunities using local, state and federal resources. The Palmdale Housing Authority does not administer Section 8 and does not own HUD Public Housing; however, the City is within the service area of the Los Angeles County Development Authority (LACDA ) for the purposes of Section 8 and Public Housing. During the 2021-2022 program year, LACDA continued to serve the needs of residents through Section 8 vouchers and public housing.

In recognition that the U.S. Census Bureau projects that the elderly in California will have an overall increase of 112 percent from 1990 to 2020, LACDA has made changes to address the need for the growing senior population. In August of 2013, HUD approved LACDA ’s application to designate 13 public housing senior developments as housing for elderly families only (62 years or older).

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
LACDA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagement. LACDA also maintains quarterly newsletters for Section 8 tenants, public housing residents, and Section 8 property owners.

LACDA encourages residents to explore homeownership opportunities. LACDA currently administers the Family Self -Sufficiency (FSS) program for public conventional housing and Housing Choice Voucher progr am residents. The FSS program provides critical tools and supportive services to foster a resident’s transition from financial and housing assistance to economic and housing self-sufficiency, most importantly homeownership.

To support this effort, LACDA utilizes marketing materials to outreach and further promote the program’s requirements and benefits to all public housing residents. For families that are eligible to participate, a Contract of Participation (COP) is prepared to govern the terms and con ditions of their participation and an Individual Training Service Plan (ITSP) is created that outlines the following: supportive services to be provided, activities to be completed by the participant, and agreed upon completion dates for the services and a ctivities. The COP is valid for five years and may be extended to allow the family to meet their ITSP goals.

Once the COP is established and the family experiences an increase in tenant rent as a result of earned income, an escrow account in their name is established and increased earned income is deposited into this account. Escrow accounts are disbursed to the family once the family has

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graduated successfully from the program. Families are encouraged to utilize these funds towards educational and homeownership endeavors.

Additionally, LACDA provides residents with information on their homeownership programs.

Actions taken to provide assistance to troubled PHAs
N/A, LACDA is designated as a High Performing Public Housing Agency.

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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charge s, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The two primary barriers to affordable housing identified in the 2020- 2024 Consolidated Plan include housing a ffordability and the lack of monetary resources for affordable housing . As discussed in the Consolidated Plan’s Strategic Plan section, a significant portion of the monetary resources that were used for affordable housing in the past included tax increment financing through the former redevelop ment agency that was eliminated as a result of changes in State policy.

To address housing affordability and the lack of monetary resources for affordable housing, t he Strategic Plan called for the investment of a significant portion of CDBG and HOME funds for the development of 101 new affordable rental housing units, 56 homeownership housing units, and the rehabilitation and preservation of 5 existing affordable housing units over the five -year period of the plan. The current CDBG and HOME investments in progress or completed during this program year that will either directly impact housing affordability or make an indirect impact through support of new housing projects include:

• $339,312 of 2019 HOME funds for the ongoing Tenant Based Rental Assistance Program to make rental housing units affordable to extremely-low income severely cost-burdened seniors;
• $326,304 of 2020 HOME funds for a new Tenant Based Rental Assistance Program to provide emergency rental assistance to households economically impacted by the COVID- 19 Pandemic; and
• $150,000 of 2021 HOME funds for the ongoing Tenant Based Rental Assistance Program to make rental housing units affordable to extremely-low income severely cost-burdened seniors;
• $728,678 of 2019 and 2020 HOME funds for Juniper Grove Affordable Apartments multi- family new construction project; and $250,000 of 2019 CDBG funds to assist with site assemblance. Once complete, Juniper Grove will provide 99 affordable units and 2 manager units.

Although the City no longer has access to Redevelopment Housing Set -Aside funds, the City continues to successfully leverage its CDBG and HOME funds to attract private and other available public resources to create affordable housing with suitable neighborhood amenities for low- and moderate-income residents. The City worked with Meta Housing Corporation to secure Low Income Housing Tax Credits through the California Tax Credit Allocation Committee that will

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yield $22,310,650 of Tax Credit Equity for the Juniper Grove Apartments project which includes 99 new affordable rental units for the current five-year Consolidated Plan period.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state and other local sources, the high cost of housing that is not affordable to low -income people and the lack of availability of home improvement financing in the private lending industry. To address these obstacles, the City invested CDBG and HOME funds through the 2021-2022 Action Plan in projects that will support the development of new rental housing units, provide Tenant Based Rental Assistance to extremely low -income and cost-burdened seniors and households economically impacted by Coronavirus, and projects that provide public services to low - and moderate -income people to p revent homelessness , and provide mortgage relief to households economically impacted by Coronavirus . To address underserved needs, 83.25 percent of the City’s 2019-2022 expenditure of CDBG and HOME funds (excluding Section 108 Debt Service and Administration) was for projects that benefit low- and moderate-income people.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing -based approaches. To reduce lead -based paint hazards, the rehabilitation of housing units built prior to January 1, 1978 includes a lead-based paint testing and risk assessment . Where lead -based paint is identified, the City ensures that developers and contractors incorporate safe work practices or abate the lead-based paint as part of the scope of work to effectively reduce lead-based paint hazards to children in accordance with 24 CFR Part 35.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG and HOME activities meeting the goals e stablished in the 2020- 2024 Consolidated Plan - Strategic Plan and th e 2021-2022 Action Plan addressed the needs of poverty-level families and made strategic investments to reduce the number of poverty -level families in the future by:
• Supporting activities that expand the supply of housing that is affordable to low - and moderate-income households, such as the Juniper Grove Affordable Housing Project; • Supporting activities that ensure equal access to housing opportunities such as Fair Housing Services provided by the Housing Rights Center; • Supporting a continuum of housing and public service programs to prevent and eliminate homelessness through the South Antelope Valley Emergency Services program (including the supplemental activity in response to COVID-19 Pandemic), two TBRA programs (one operated by Valley Oasis and providing assistance to senior

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households and one providing emergency rental assistance to households economically impacted by COVID-19 pandemic); as well as a mortgage assistance program providing mortgage relief in response to the Coronavirus; and
• Supporting activities that improve public facilities and infrastructure including the investment of over $ 1.9 million of CDBG funds in projects completed or underway during this program year.

In addition to these efforts, mainstream state and federal resources also contributed to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Cre dit and Head Start provide d Palmdale residents with pathways out of poverty as they pursued employment and educational opportunities.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in Palmdale is high -functioning and collaborative— particularly the relationship between local government and the nonprofit sector comprised of a network of capable non-profit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing, community and economic development activities that are implemented by the City.

In order to support and enhanc e the existing institutional structure, the City of Palmdale collaborated with affordable housing developers and nonprofit agencies receiving CDBG and HOME funds through the 2021-2022 Action Plan to ensure that the needs of low- and moderate- income residents were met as envisioned wit hin the 2020 -2024 Consolidated Plan - Strategic Plan.

Efforts to enhance the institutional delivery system included continued implementation of the Tenant Based Rental Assistance Program in partnership with Valley Oasis that uses HOME funds and continued work with Advancing Communities Together. These critical partnerships significantly enhance the City’s ability to implement the 2020-2024 Consolidated Plan - Strategic Plan.

Actions taken to enhance coordination between public and private housing and soci al service agencies. 91.220(k); 91.320(j)
To enhance coordination between public and private housing and social service agencies, the City continued consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate- income residents in Palmdale- particularly the low- and moderate-income areas. Representatives of the Department of Neighborhood Services participated in Antelope Valley Coali tion meetings and South Antelope Valley Emergency Services coordinated its efforts with Valley Oasis and the Los Angeles Homeless Services Authority, the Continuum of Care Lead Agency. Additionally, the Director of Neighborhood Services and other departmen t staff regularly participated in

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Neighborhood Advisory Committee (NAC) meetings during the program year to coordinate the efforts of local nonprofits and religious organizations that are working in neighborhoods to address poverty through direct community engagement.

Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s analysis of impediments to fair housing choice. 91.520(a) The 2020 Analysis of Impediments to Fair Housing Choice (AI) adopted by the Palmdale City Council on June 2, 2020 included three impediments to fair housing choice in the 2020-2024 Fair Housing Plan. During the 2021 -2022 program year, the City of Palmdale Department of Neighborhood Services and the Housing Rights Center affirmatively furthered fair housing choice through the implementation of recommendations contained within the Fair Housing Plan.

Impediment No. 1: Discrimination against Persons With Disabilities

The AI revealed that physical and mental disability fair housing discrimination complaints are the most common basis for fair housing discrimination complaints in Palmdale.

To address the lack
of understanding and sensitivity to the fair housing needs of physically and mentally disable d people, the City contracted with Housing Rights Center to provide virtual workshops in Palmdale and throughout the region that were geared toward disabled housing issues including reasonable accommodation and emphasizing that landlords may not refuse to rent on the basis of disability or any arbitrary factor. These workshops specifically address ed the housing needs and rights of persons with disabilities by expanding the base of knowledge concerning specific types of housing discrimination against the mentally and physically disabled.

Impediment No. 2: Lack of Awareness of Fair Housing Laws

The AI confirmed that there continues to be a lack of knowledge of fair housing rights and responsibilities among Palmdale residents and housing providers. Data suppl ied by the Housing Rights Center indicated that the number of fair housing discrimination complaints in Palmdale remained steady for the fiscal years ending June 30, 2014 and for the period from 2015 -2019 with an average of 29 complaints per year. As a res ult, the Fair Housing Plan within the AI recommended enhanced outreach efforts to real estate professionals with fair housing questions or concerns in Palmdale and the region, as well as continuation of existing City efforts to increase participation in fa ir housing education workshops for prospective homebuyers, renters, and providers of housing such as multifamily management companies, independent landlords and real estate agents or brokers.

During the 2021-2022 program year, the City contracted with Housing Rights Center to provide virtual workshops in Palmdale and throughout the region and worked with Housing Rights Center to expand community participation including outreach efforts regarding fair housing workshops to renters and property managers/owners to make them aware that these workshops are available at no charge. Outreach events included an online workshop for landlords and tenants,

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as well as daily assistance for tenants and landlords impacted by COVID- 19 pandemic. The Housing Rights Center displayed literature at the Public Library and other high traffic areas of the City, including the Department of Neighborhood Services building and the office for the Community Programs Divisions, as well as posting an array of items on the City’s website for ease of access during the pandemic . Fair Housing public service announcements were also played throughout the year several times a month on the City’s public access cha nnel and frequent postings on the Housing Rights Center Facebook and Twitter pages.

Impediment No. 3: Race/Ethnic Relations

Race/ethnic relations may contribute to bias or stereotypes that have an impact on Fair Housing Choice. Fair housing complaint dat a from 2006 -2009 indicate d that race/ethnicity was the second-leading cause of housing discrimination in the City. Between 2008-2012 there were between six and 17 hate crimes per year reported to the Federal Bureau of Investigation (FBI) between 2016-2020 the FBI reported a total of 14 hate crimes during that period. Of those 14, 12 of those hate crimes were on the basis of race, ethnicity, or ancestry and two were on the basis of religion.

The AI recommended that the City, i n partnership with community no nprofits, fair housing organizations, other government agencies and special districts, provide public information programs disseminating information on fair housing laws, inclusion and diversity.

Outreach and education efforts include developing and distributing written materials and public service announcements that describe the applicable laws that protect against housing discrimination and ways to prevent housing injustices. These materials are provided for distribution at fair housing workshops for residents, apartment owners, and property managers, at fair housing information booths at local community events, available at City offices, provided to local agencies, and included in information provided as part of the Partners Against Crime (PAC) crime free multi-family housing certification process. Activities were postponed during this program year due to COVID-19 Pandemic.

For the past 2 2 years, the City of Palmdale has been a supporter of the Antelope Valley International Heritage Festival, which was renamed to the Antelope Valley International Multicultural Festival. The festival helps foster mutual understanding among the diverse cultural, racial, and religious groups in the Antelope Valley. The 201 9 Festival w as held on Saturday, September 15, 2019 at Poncitlan Square in Palmdale. The 2020, and 2021 Festival was cancelled due to COVID-19 Pandemic.

City staff has conducted other outreach efforts in the community to be supportive of organizations and programs fostering tolerance or race relations. The City is also in its fifteenth year conducting its Partners Academy, a n eight-week course that educates residents on all aspects of city operations from public safety, finance, economic development, and community relations. Residents have the opportunity over the course of two nights to speak to the Mayor

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and City Manager on any topic of interest or concern, which would include any concerns about race relations or conflict in the community. To date 275 residents have completed the program.

The 2020 program was postponed due to COVID-19 Pandemic.

The Los Angeles County Sheriff’s Department is leading several efforts to bridge Sheriff and community relations. The S.H.A.R.E. Tolerance program has been created to educate members of the community, particularly our youth, regarding the dangers of hate and intolerance. It was conceived and developed by deputy sheriffs who care about the problem and wanted to do something effective about it. Utilizing a custom-built mobile theater, uniformed deputies show a 35-minute documentary film about hate crimes to groups of up to 24 people at a time.

Afterwards, the deputies facilitate a 60-to-90-minute discussion about the film, the issues it presents, and the challenges of combating hate and intolerance. This program was implemented in the Antelope Valley and regularly makes presentations at area high schools. This program was postponed due to COVID-19 Pandemic.

Additionally, in March 2012 the Palmdale Station Captain created a Community Advisory Committee to foster stronger relationships between the community and the Sheriff’s Department. The committee is made up of members of the community who repre sent various racial and ethnic demographics, faith -based organizations, and community organizations and continued to serve as a sounding board to the Captain on issues of concern to the community .

This program was postponed due to COVID-19 Pandemic.

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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements To ensure that CDBG , HOME, and CDBG-CV funds were used efficiently and in compliance with applicable regulations, the City provided technical assistance to all subrecipients at the beginning of the program year. On-site monitoring was postponed due to the COVID-19 pandemic. The City has been working with the compliance staff for each subrecipient to conduct internal monitoring and provide virtual technical assistance.

Technical Assistance

To enhance c ompliance with federal program regulations, the Department of Administrative Services made technical assistance available to prospective applicants for any CDBG or HOME Notice of Funding Availability (NOFA) upon request to review the Strategic Plan goals, program requirements, and available resources with potential applicants. Technical assistance was provided to six prospective applicants. Additionally, technical assistance was provided during the implementation of CDBG , HOME, and CDBG -CV funded pro jects to ensure that appropriate resources are provided in furtherance of compliance with the program regulations.

Activity Monitoring

All activities were monitored, beginning with a detailed review upon receipt of the application to determine eligibility, conformance with a National Objective , and conformance with a Strategic Plan goal. This review also examine d the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries , and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable.

Subrecipients submitted an audit and other documentation to establish their capacity, and any findings noted in the audit are reviewed. Subsequent to entering into a written agreement, staff and consultants performed periodic desk monitoring including ongo ing review of required performance reports and documentation to substantiate CDBG and HOME expenditures. For the CDBG public service activity implemented by South Antelope Valley Emergency Services, an on- site monitoring was postponed due to the COVID-19 Pandemic. The 2018-2019 monitoring visit had no findings.

For Juniper Grove Affordable Housing project monitoring of Davis-Bacon, Minority and Women’s Business Enterprise (MBE/WBE) and Section 3 requirements will be conducted through an MOU with the Los Angeles County Development Authority, and monitored by LDM Associates, Inc. LDM

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Associates, Inc. will also resume monitoring of CDBG Capital Projects to determine the adequacy of implementation by the Department of Public Work s and its consultants . For HOME funded activities, annual monitoring of tenant files is in process to ensure that for renter occupied units, household income, rents and utility allowances are in compliance with applicable limits pursuant to the affordability covenant.

Subsequent to entering into a written agreement, staff and consultants performed periodic desk monitoring including ongoing review of required documentation to substantiate CDBG -CV expenditures.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

In accordance with the City’s adopted Citizen Participation Plan, a public notice was published in the Antelope Valley Press in English and in Spanish on August 23, 2022 notifying the public of the availability of the Consolidated Annual Performance and Evaluation Report for a 15 -day public review and comment period. A copy of the public notices is included in Appendix A.

The draft CAPER was available on the City website and at the following locations:

City Hall: Administration Building
38300 Sierra Hwy
Palmdale, California 93550

Department of Neighborhood Services, Housing Division
38250 Sierra Highway, 2nd Floor
Palmdale, California 93550

Palmdale Public Library
700 East Palmdale Blvd.

Palmdale, California 93550

A public hearing was conducted before the City Council on Wednesday , September 7, 2022 to solicit comments from residents and interested parties. In compliance with Public Health Orders limiting public gatherings for public health reasons the public hearin g was conducted both in- person and virtually, in compliance with the Flexibilities and Waivers Granted by the CARES Act and Mega Waiver and Guidance posted on June 22, 2020. A summary of any written or oral comments received during the public hearing is included in Appendix B.

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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

On March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health declared a local and public health emergency in response to the increased spread of coronavirus across the country. On March 11, 2020, the City of Palmdale st arted a phased mitigation approach to delay the spread of the virus, including postponing or canceling all non - essential activities. On March 17, 2020, the City of Palmdale (City) declared a State of Emergency in the City of Palmdale in response to the increasing threat of Coronavirus (COVID-19) throughout Los Angeles County, the state and the country. At the time of this writing, the emergency orders remain in Place in Palmdale. A majority of non -essential activities continue to be postponed or heavily impacted due to COVID-19 pandemic.

The City approved a substantial amendment to the 2019 Action Plan on June 2, 2020 for the first tranche of CDBG -CV resources ($935,276) and on February 2, 2021 for the second tranche of CDBG-CV resources (997,619). The City began planning for CDBG-CV funded activities at the end of the FY2020-2021 program year, and launched the programs at the beginning of FY2020 -2021 program year to prepare for, respond to, and prevent Coronavirus. The programs continued through the FY 2021-2022 program year.

Combined, the CDBG and CDBG-CV funds are making a significant impact on strategies to address the high priority needs identified in the community. As shown in Figure 1 in section CR-05 of this document, CDBG and CDBG-CV funds are contributing to all the Strategic Plan goals including Fair Housing Services, Homelessness Prevention and Assistance, Public Facilities and Infrastructure Improvements, Economic Opportunity, Affordable Housing, COVID-19 Response, and Planning and Administration.

Fair Housing Services

The Fair Housing Services activity provided $ 36,782 to Housing Rights Center for the provision of fair housing outreach, education and enforcement activities, including landlord-tenant matters. During the program year, this activity was below its service goal of 300 people, serving 337 people. In response to the COVID-19 pandemic, Housing Rights Center switched their entire operation to a virtual platform. This format has made fair housing services more accessible.

Homelessness Prevention and Assistance

To s upport a continuum of services in the Antelope Valley to prevent and eliminate homelessness including but not limited to emergency services, homeless prevention programs, case management and transitional housing , the City’s South Antelope Valley

City of Palmdale Draft 2021-2022 CAPER 33
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Emergency Services program served 178,625 person s within the residential low- moderate areas within the City of Palmdale . In March, 2020 the County Department of Public Health issued a State of Emergency and ordered all non-essential business to close due to the COVID-19 Pandemic. On March 16, 2020 SAVES adopted the Covid-19 National Emergency model to become an emergency -only food distribution center. SAVES re - designed from client-choice to a no-contact drive-thru. SAVES also coordinated with local churches and community group volunteers to deliver emergency food to shut -in senior residents. During this period, SAVES worked hard to provide food services on an emergency basis to 1) comply with Public Health orders of that period of time; and 2) expand the mission of SAVES to provide emergency services to P almdale residents impacted by COVID-19 while keeping both staff and the public safe and healthy.

Public Facilities and Infrastructure

To improve City of Palmdale public facilities and infrastructure to benefit low - and moderate-income people or those presumed under HUD regulations to be low- and moderate-income such as elderly people and disabled adults as well as residents of low - and moderate-income housing, the City invested a large portion of its CDBG resources to address this Strategic Plan goal. Two out of the four public facilities and infrastructure activities with measurable accomplishment goals (excludes Section 108 Debt Service) are multi-year projects that remained in progress as of June 30, 2022. Given the nature of the improvements being undertaken, many of these projects require implementation over multiple program years.

Economic Opportunity

In response to COVID -19 Pandemic, the City prioritized economic opportunity activities.

During this program year two rounds of funding for the Business Assistance Program was made available to the community. The program provides microenterprise businesses with up to $10,000 in grant funds for reimbursement of eligible expenditures. Th e program is funded with both entitlement CDBG and CDBG -CV funds. During the program year no microenterprise businesses were assisted.

Affordable Housing

To support the goal of affordable housing the City is using CDBG funds to assist with site assemblance on the Juniper Grove Affordable Apartment project.

In response to COVID -19 Pandemic, the City provided mortgage assistance program to economically impacted low- and moderate-income households. The program provides up to $6,000 for up to 6 consecutive months of mortgage assistance. During this program year 3 eligible households were assisted. The City has also programmed CDBG funds for an emergency rental assistance and anticipates implementing the program in the 2021 -

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2022 program year. During this program year, households were assisted through the emergency TBRA rental assistance program or encou raged to apply for the California State COVID Rent Relief Program.

COVID-19 Response

The City has worked tirelessly to prepare for, respond to, and prevent Coronavirus. The CDBG-CV funds have made a significant impact in these efforts. As detailed above, CDBG- CV funds have been used to support microenterprise businesses, households economically impacted by COVID -19, and to support the expanded homelessness and prevention services available at SAVES.

The 2021-2022 CAPER shows a number of activities in progress, even in the midst of the COVID- 19 pandemic. The Q-12 ADA Sidewalk project was delayed due to impact from COVID -19. It is anticipated that the project will be complete near the end of program year 2022-2023. The Spot Blight Acquisition and Demolition activity completed the NEPA Environmental process and received HUD’s authority to use grant funds. In 2021- 2022 the property was acquired and removal of blight is underway. Should any challenges arise in the imple mentation of these or other CDBG-funded activities, the City will pro-actively identify additional opportunities to invest CDBG funds to meet Strategic Plan goals.

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CR-50 - HOME 91.520(d)
Include the results of on- site inspections of affordable rental housi ng assisted under the program to determine compliance with housing codes and other applicable regulations Maintaining HOME-assisted affordable housing is a high priority. During the program year, the City started the process to inspect the tenant files for HOME-assisted properties. • Whispering Palms – 76 units – Monitoring completed.
• Summer Terrace – 80 units – Inspection and desk monitoring completed. • Palo Verde Terrace –78 units - Inspection postponed due to COVID-19 Pandemic • Wright Brothers Court – 156 units – Monitoring in process • Palmdale Dream Center – 11 units – Inspection and desk monitoring completed. • Q-2 Duplex – 2 units – Inspection and desk monitoring completed. • Courson Arts Colony East – 5 units - Monitoring in process

Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.

92.351(b)
Each of the HOME -assisted properties with five or more units maintains an Affirmative Fair Housing Marketing Plan. During annual monitoring, the annual Affirmative Fair Housing Marketing Report is typically reviewed to ensure compliance with HUD requirements to affirmatively further fair housing choice. Each of the HOME-assisted properties with monitoring completd in the current program year were in compliance.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics According to the PR -09 report for the CDBG and HOME program, the City of Palmdale did not receive program income during the 2021 program year.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) In the implementation of the 2021 -2022 Action Plan, the City invested HOME funds to preserve and maintain affordable housing by partnering with development partners and nonprofit service providers to support the development of new rental housing units and to provide rental assistance. CDBG funds were invested in infrastructure and other public facilities improvements projects necessary to provide suitable infrastructure and neighborhood amenities to support the creation of decent affordable housing.

2021/2022

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
JULY 1, 2021 THROUGH JUNE 30, 2022

APPENDIX A
Public Notices
(to be submitted to HUD)

CITY OF PALMDALE

NOTICE OF PUBLIC REVIEW AND PUBLIC HEARING

DRAFT CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2021-2022
P
ursuant to the United States Department of Housing and Urban Development (HUD) regulations, the City of Palmdale has prepared the draft Consolidated Annual Performance Evaluation Report (CAPER) for the Fiscal Year 2021- 2022 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). The CAPER provides an assessment of the City's performance in meeting Fiscal Year 2021-2022 housing and community development goals as outlined in the previously adopted Fiscal Year 2021-2022 One Year Action Plan (as amended).

Additionally, the CAPER discusses changes the City anticipates making in the upcoming year as a result of the assessment of Fiscal Year 2021-2022 annual performance.

I
n compliance with the City’s approved Citizen Participation Plan and the Consolidated Plan implementing regulation 24 CFR 91.105, this notice is given to invite public review and comment of the City of Palmdale’s Draft 2021- 2022 CAPER. This document can be reviewed at the following locations:
• City of Palmdale Department of Neighborhood Services, 38250 Sierra Highway ,
(
661) 267
-5126. 7:30 a.m. to 6:00 p.m. (Monday-Thursday)
• City of Palmdale Public Library, 700 East Palmdale Blvd. (661) 267-5600 10:00 a.m. to 8:00 p.m. (Monday-Thursday); 10:00 a.m. to 5:00 p.m. (Friday-Saturday); 1:00 p.m. to 5:00 p.m. (Sunday)
• City of Palmdale Administration Building, 38300 Sierra Highway (661) 267-5100 7:30 a.m. to 6:00 p.m. (Monday-Thursday)
• www.cityofpalmdale.org
The C
APER draft will be available for public review from August 23, 2022 to September 7, 2022.

Individuals wishing to express their views concerning the above- referenced document may provide written comments to the City on or before 5:00 p.m. on September 7, 2022 to the City of Palmdale, Neighborhood Services Department, 38250 Sierra Highway, Palmdale, CA 93550.

T
he City Council will hold a public hearing on September 7, 2022, at 7:00 p.m. at City Council Chambers, 38300 Sierra Highway, Palmdale, California. For more information, please call Yvonne Moreno of the Neighborhood Services Department at (661) 267-5126.

V
erbal comments may be submitted via Zoom meeting technology. Live public comment will be available via telephone. The call -in number and Meeting ID will be provided in the published September 7, 2022 meeting agenda during the Public Hearing.

It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, the Architectural Barriers Act, and the City’s adopted Limited English Proficiency Plan (LEP) in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate your request. If you require a reasonable accommodation to attend or participate in a hearing or meeting, including auxiliary aids or translation services, please contact the City Clerk’s Office at least 48 hours prior to the meeting at (661) 267-5151.

S
hanae S. Smith
City Clerk

AYUNTAMIENTO DE LA CIUDAD DE PALMDALE
AVISO DE REVISIÓN Y AUDIENCIA PÚBLICAS
BORRADOR DEL REPORTE DE LA EVALUACIÓN DEL RENDIMIENTO Y DESEMPEÑO ANUALCONSOLIDADO (CAPER) PARA EL AÑO FISCAL 2021-2022

En conformidad con los reglamentos del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD), el Ayuntamiento de la Ciudad de Palmdale ha preparado el borrador del Reporte de la Evaluación del Rendimiento y Desempeño Anual Consolidado (CAPER, por sus siglas en inglés) del Programa de Subsidios Globales para el Desarrollo Comunitario (CDBG, por sus siglas en inglés) y del Programa de Asociación para Inversiones en Vivienda HOME del Año Fiscal 2021-2022. El CAPER proporciona una evaluación del desempeño y rendimiento del Ayuntamiento de las metas establecidas para la vivienda y desarrollo comunitario durante el Año Fiscal 2021-2022 tal y como se delineó en el Plan de Desempeño Anual 2021-2022 previamente adoptado y tal como se haya enmendado. Además, el reporte a su vez expone cambios que el Ayuntamiento anticipa llevar a cabo durante los subsecuentes años debido al resultado de la evaluación del rendimiento anual del Año Fiscal 2021-2022.

Conforme al Plan de Participación Ciudadana aprobado y con la regla de implementación del Plan Consolidado 24 CFR 91.105, por medio de este aviso se invita al público a la revisión pública y comentarios del Borrador del CAPER 2021-2022 del Ayuntamiento de la Ciudad de Palmdale. Dicho documento puede ser revisado en los siguientes lugares:

• Ayuntamiento de la Ciudad de Palmdale, Departamento de Servicios para Vecindarios , 38250 Sierra Highway, (661) 267-5126
7:30 A.M. a 6:00 P.M. (Lunes-Jueves)
• Biblioteca Pública de la Ciudad de Palmdale, 700 East Palmdale Blvd. (661) 267-5600 10:00 A.M. a 8:00 P.M. (Lunes-Jueves); 10:00 A.M. a 5:00 P.M. (Viernes-Sábado); 1:00 P.M. a 5:00 P.M. (Domingo)
• Ayuntamiento de la Ciudad de Palmdale, Edificio Administración, 38300 Sierra Highway (661) 267-5100
7:30 A.M. a 6:00 P.M. (Lunes-Jueves)
• www.cityofpalmdale.org

El borrador del CAPER estará disponible para revisión pública a partir del 23 de agosto de 2022 al 7 de septiembre de 2022. Los individuos que deseen expresar sus puntos de vista sobre el documento mencionado anteriormente pueden enviar comentarios por escrito al Ayuntamiento de la ciudad antes de las 5:00 P.M. el 7 de septiembre de 2022 al Ayuntamiento de la Ciudad de Palmdale, Departamento de Servicios para Vecindarios, 38250 Sierra Highway, Palmdale, CA 93550.

El Concejo Municipal del Ayuntamiento celebrará la audiencia pública el 7 de septiembre de 2022 a las 7:00 P.M. en la Cámara del Concejo Municipal del Ayuntamiento, 38300 Sierra Highway, Palmdale, California. Para obtener mayor información, comuníquese con Yvonne Moreno del Departamento de Servicios para Vecindarios al (661) 267-5126.

Los comentarios verbales se pueden enviar a través de la aplicación de reuniones Zoom.

Los comentarios públicos en vivo estarán disponibles por teléfono. El número para llamar y la identificación de la reunión se proporcionarán en la agenda de la reunión publicada el 7 de septiembre del 2022 durante la reunión del comité de la ciudad.

El Ayuntamiento tiene como objetivo cumplir en todos sus aspectos con respecto a la Sección 504 de la Ley de Rehabilitación de 1973, tal y como se enmendó, la Ley de Americanos con Discapacidades (ADA) de 1990 y la Ley de Enmienda a ADA del 2008, la Ley de Vivienda Justa, y la Ley de Barreras Arquitectónicas, y al Plan de Dominio del Idioma Inglés adoptado por el Ayuntamiento (LEP, por sus siglas en inglés). Si usted necesita documentos públicos en un formato accesible, el Ayuntamiento hará lo posible dentro de lo razonable para dar cabida a su petición. Si usted requiere acomodo especial para asistir o participar en una audiencia o junta, incluyendo aparatos auxiliar es o servicios, por favor comuníquese a la Oficina del Secretario Municipal por lo menos 48 horas antes de la junta al (661) 267-5151.

Shanae S. Smith
Secretario Municipal

2021/2022

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
JULY 1, 2021 THROUGH JUNE 30, 2022

APPENDIX B
Summary of Citizen Participation Comments

Summary of Public Comments
Palmdale City Council Meeting
Public Hearing
September 7, 2022

Comments

Pending Public Hearing

2021/2022

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
JULY 1, 2021 THROUGH JUNE 30, 2022

APPENDIX C
IDIS Reports
(to be submitted to HUD)

City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION
DISTRICT: All
SUBJECT: APPROVE APPOINTMENT TO FILL A VACANCY ON THE MOBILE

HOME PARK RENTAL REVIEW BOARD
ISSUE
Approve an appointment to fill a vacancy on the Mobile Home Park Rental Review Board.

RECOMMENDATION
Pursuant to the Palmdale Municipal Code Section 2.080.030 staff recommends the following:

1. Approve the appointment of one of the following individuals to fill a vacancy on the Mobile Home Park Rental Review Board for the remainder of a two-year term to expire on June 30, 2023.

1. Michael Friedlander

2. Paz Elizabeth Cabrera

BACKGROUND
The Mobile Home Park Rental Review Board (“Board”) consists of five (5) members. No member of the Board shall be a resident or owner of a mobile home park or an employee of a park owner; and no member shall have a financial interest (as defined by state l aw) in any mobile home or mobile home park, or have a parent, child, spouse or sibling with any such financial interest. Prior to his/her appointment to the Board, each member shall file a declaration to this effect with the City Clerk. As defined in Palmdale Municipal Code Section 5.44.030, Board members must have an ability to attend meetings, and have a basic knowledge of the guidelines of the Mobile Home Space Rent Control, Section 5.44 of the Palmdale Municipal Code. Applicants should also possess a fundamental knowledge of business accounting (receivables, depreciation, capital expenditures, profit, and loss statements, etc.).

Report to Mayor and City Council
Approval of Reappointments to Mobile Home Park Rental Review Board September 7, 2022

All members shall be residents of the City. All members of the Board serve at the pleasure of the City Council, and any member may be removed, with or without cause, by a majority vote of the City Council. Board members serve a two-year term.

DISCUSSION
The City Clerk’s office was notified that Joan Ferry Scott would not be seeking reappointment. Due to the resignation, staff conducted a recruitment to fill the vacancy and advertised for the position in the A.V. Press Classified ads. The job posting, including the duties and responsibilities were published on the City’s website. There were four (4) applications received, however, only two met the qualifications.

Although the annual meetings are held in February each year, the vacancy must be filled in the event a special board meeting is called.

FISCAL IMPACT
Board members receive $100 per meeting and the Chair receives $150 per meeting.

Approximately $2,500.00 was needed for advertising of this position. Funds are budgeted and available in Account No. 10112001-722310.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Rochelle Scott, Deputy City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS
None
City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION

DISTRICT: ALL
SUBJECT: APPROVE APPOINTMENT TO THE PALMDALE AEROSPACE

ACADEMY
ISSUE
Discussion and direction regarding the appointment to The Palmdale Aerospace Academy Board of Directors.

RECOMMENDATION
Pursuant to Palmdale Municipal Code Section 2.080.030, the City Council is to approve nomination for appointment to The Palmdale Aerospace Academy Board of Directors and the appointment is then ratified by The Palmdale Aerospace Academy, pursuant to their By-laws. The City Council may, by majority vote take one of the following actions:

1. Approve appointment of one of the following individuals to serve as Board of Director for a new three (3) year term to expire on July 31, 2025.

1. David F. Lujan

2. Leslie Vickers

2. Direct City Clerk to open a new recruitment to fill the vacancy.

BACKGROUND
According to The Palmdale Aerospace Academy (“TPAA”) Bylaws, Article 3 Directors, Section 3.3, the City shall designate three (3) Directors to serve on the Board of Directors. According to Section 3.3 (b), “All Directors of the Corporation shall serve a term of three (3) years expiring on July 31st of the third year of office and shall hold office until the expiration of the term, for which selected and until a successor has been duly designated, or until that Director’s earlier resignation or removal in accordance with these Bylaws and the California Nonprofit Corporation Law.” Report to Mayor and City Council
Re: Approval of TPAA Appointment
September 7, 2022

DISCUSSION
At the July 13, 2022, City Council meeting, Council appointed Sofia Avalos to The Palmdale Aerospace Academy Board of Directors. Ms. Avalos declined the appointment. The city’s current delegate Mr. John Porter has agreed to serve until a successor is duly designated as per TPAA by-laws. Pursuant to Section 3.4. of the By- laws, Vacancies, Section (a), vacancies shall be filled as followed:
 A vacancy on the Board shall be deemed to exist at the occurrence of any of the following: (i) the death, resignation, or removal of any Director. Directors are designated by the Mayor and City Council and later ratified by TPAA Board of Directors.”
The applications presented were received during an open recruitment conducted by the City Clerk’s office, in conjunction with the Human Resources Department. The application, Director’s duties and responsibilities were made available on the NEOGOV website at https://www.governmentjobs.com/careers/palmdale, and a Classified Ad was placed in the Antelope Valley Press. Directors provide an invaluable service to the Academy and represent a variety of backgrounds and many levels of expertise to the Board. The Board values diversity and expertise in curriculum, instruction, assessment, finance, business management, special education, law, facilities, and governance.

The two (2) applications attached are the remaining qualified candidates. The City Clerk provided Mayor and City Council with the applications package to consider approval of one (1) qualified applicant. The table below identifies each applicant by District as requested by the Council:

David F. Lujan District 1
Leslie Vickers District 5
Attached is a copy of TPAA Board of Director’s Duties and Responsibilities, as well as the By-laws. Both outlining the requirements of a Board Director.

TPAA meetings are generally held on the 2nd and 4th Monday every month at 5:00 p.m., at the Palmdale Aerospace Academy, located at 3300 East Palmdale Boulevard, Palmdale, California.

Report to Mayor and City Council
Re: Approval of TPAA Appointment
September 7, 2022

FISCAL IMPACT
Approximately $3,400 was needed for advertising the position paid out of Account # 10112001-722310.

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: Roxanne Faber, Deputy City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS

1. The Palmdale Aerospace Academy’s Board of Directors Duties and Responsibilities

2. By-laws

3300 East Palmdale Blvd.

Palmdale, CA 93550
(661) 273-3680
www.tpaa.org

Board of Directors Duties and Responsibilities

Board Directors for the Palmdale Aerospace Academy provide an invaluable service to the Academy.

TPAA’s Directors come from a variety of backgrounds and bring many levels of expertise to their work on the Board. The Board values diversity and looks for expertise in curriculum, instruction, assessment, finance, business management, special education, law, facilities, and governance.

All Board Directors serve in the following ways:
● Consistently attend regular Board of Directors meetings ● Participate in fund-raising activities in a manner appropriate for that Board Director ● Participate in the annual Board planning meeting
● Prepare in advance before regular Board meetings by reading and studying materials sent in advance regarding key actions the Board is expected to take at the next meeting Members of the Board of Directors may also attend special events and participate in professional development activities, as appropriate.

In accordance with The Palmdale Aerospace Academy, Inc.’s approved Bylaws, all Board Directors shall:
● Act in good faith in what they believe to the in the best interests of the organization ● Act with care, including reasonable inquiry, as an ordinarily prudent person would use in similar circumstances
● Act as a member of the group, and as a group:
o Exercise fiduciary role to ensure that the organization is properly managed but not manage the organization
o Validate information from the Executive Director/Superintendent o Maintain corporate status; ensure that proper paperwork is submitted to governmental agencies
o Approve the annual budget
o Review periodic financial reports
o Ensure proper internal controls are in place
o Establish a mission and program direction for the organization o Review and evaluate program plan and progress
o Set policy
o Elect officers
o Hire Executive Director/Superintendent and review performance of same o Establish fundraising goals and participate in fundraising efforts o Oversee maintenance of minutes, attendance records, and deal with Board Directors who have lapsed in responsibilities

LA1:1206318.11

BYLAWS

of

THE PALMDALE AEROSPACE ACADEMY, INC.,

a California Nonprofit Public Benefit Corporation
1 LA1:1206318.11

ARTICLE 1. OFFICES

Section 1.1. Principal Office The principal office of The Palmdale Aerospace Academy, Inc. (the “Corporation”) is hereby fixed and located at 38060 20th Street East, Palmdale, CA 93550. The board of directors of the Corporation (the “Board”) shall have the full power and authority to change the principal office from one location to another, and such location may be at any place where the Corporation is qualified to conduct its activities. The Secretary shall note any change of location of the principal office.

Section 1.2. Other Offices. Branch or subordinate offices may be established at any time by the Board at any place or places where the Corporation is qualified to conduct its activities.

ARTICLE 2. MEMBERSHIP

Section 2.1. Members. The Corporation shall have no members within the meaning of Section 5056 of the California Nonprofit Corporation Law. Any action that would otherwise require approval by a majority of all members or approval by the members shall require only approval of the Board. All rights which would otherwise vest in the members shall vest in the Board.

Section 2.2. Associates. Nothing in this Article 2 shall limit the right of the Corporation to refer to persons associated with it as “members” even though such persons are not members, and no such reference shall constitute anyone a member, within the meaning of Section 5056 of the California Nonprofit Corporation Law. The Board may adopt policies and procedures for the admission of associate members or other designated members who shall have no voting rights in the Corporation, and such associate or other members shall not be “members” of the Corporation as defined in Section 5056 of the California Nonprofit Corporation Law. The Corporation may confer some or all of the rights of a member, as set forth in the California Nonprofit Corporation Law, upon any person or persons who do not have the right to vote for or regarding (i) the election of Directors, (ii) a disposition of all or substantially all of the assets of the Corporation, (iii) a merger or dissolution of the Corporation, (iv) changes to the Corporation’s Articles of Incorporation or Bylaws, or (v) the selection of delegates who possess any of the preceding voting rights, but no such person shall be a member within the meaning of Section 5056 of the California Nonprofit Corporation Law.

ARTICLE 3. DIRECTORS

Section 3.1. Powers. Subject to provisions of the California Nonprofit Public Benefit Corporation Law and any other applicable laws and any limitations of the Articles of Incorporation and these Bylaws, the activities and affairs of the Corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board. The Board may delegate the management of the activities of the Corporation to any person or persons, a management company or Committees however composed, provided that the activities and affairs of the Corporation shall be managed and all corporate powers shall be exercised under the 2 LA1:1206318.11
ultimate direction of the Board. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws:

(a) to select, remove, and supervise all the officers, agents and employees of the Corporation, prescribe qualifications, powers, and duties for them that are not inconsistent with law, the Articles of Incorporation or these Bylaws, fix their compensation, and require from them security or otherwise provide for faithful service;

(b) to conduct, manage and control the affairs and activities of the Corporation and to make such rules and regulations therefor not inconsistent with law, the Articles of Incorporation or these Bylaws, as they may deem best;

(c) to adopt, make and use a corporate seal and alter the form of the seal;

(d) to borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation’s purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities therefor; and

(e) seek out and actively pursue outside resources and funding for the purposes of improving, maintaining or expanding the services provided by the Corporation.

Section 3.2. Number of Directors. There shall be no more than twelve (12) directors of the Board. As per section 3.3 there shall be nine (9) positions filled by the original designating agencies. The Board reserves the right to fill and designate an additional three (3) “at large” directors at its discretion without further notice except as provided by Government Code 54950 et. seq.

Section 3.3. Selection and Term of Office.

(a) Designation of Directors. The directors of the Board (the “Directors”) shall be selected in the following manner: the Palmdale School District shall designate three (3) Directors, the City of Palmdale shall designate three (3) Directors, and the AERO Institute shall designate one (1) Director. By a majority vote of the Directors present and voting at the annual meeting of the Board, provided that a quorum is present, the Board shall elect one (1) Director employed in or with experience in the private sector in a field related to the areas of study emphasized at the Academy (as defined herein) (the “Private Sector Director”). The final Director shall be selected by the parent association (or the parent-teacher association, or the parent-teacher-student association, as applicable) of the Academy, subject to the approval of the Board (the “Parent Director”). The Board, or any committee of the Board so authorized, shall administer and oversee the appointment or approval, as applicable, of the Private Sector Director and the Parent Director to the Board.

(b) Term of Office. All Directors of the Corporation shall serve a term of three (3) years, expiring on July 31 of the third year of office, and shall hold office until the expiration of the term for which selected and until a successor has been duly designated, or until that Director’s earlier resignation or removal in accordance with these Bylaws and the California Nonprofit Corporation Law.

The terms of the Directors shall be staggered, with the intention that only one- 3 LA1:1206318.11
third (1/3) of the directors of the Board shall be selected each year to replace the one-third (1/3) of the Directors whose terms shall expire each year. The Directors in the first election group shall have their initial term as Director reduced to only one (1) year, and such Directors shall include one (1) Director designated by the Palmdale School District, one (1) Director designated by the City of Palmdale, and the Parent Director. The Directors in the second election group shall have their initial term as Director reduced to only two (2) years, and such Directors shall include one (1) Director designated by the Palmdale School District, one (1) Director designated by the City of Palmdale, and the Director designated by the AERO Institute. The Directors in the third election group shall have their initial term remain as three (3) years, and shall include one (1) Director designated by the Palmdale School District, one (1) Director designated by the City of Palmdale, and the Private Sector Director. With respect to the initial Directors appointed by them, each of the Palmdale School District and the City of Palmdale shall determine which of such initial Directors shall be allocated to each election group. If these Bylaws are amended to alter the number of Directors comprising the Board, any increase or decrease in such number shall be apportioned among the election groups so as to maintain the number of Directors in each election group as nearly equal as practicable, and any additional Directors elected to fill a vacancy resulting from an increase in any election group shall hold office for a term that shall coincide with the remaining term of that election group.

After the expiration of the initial terms of the Directors in each of the three (3) election groups, all Directors in each election group shall serve terms of three (3) years. No Director shall serve more than two (2) complete, consecutive three-year terms. A Director who has served two (2) such consecutive three-year terms shall be eligible to serve again as a Director after one (1) year has passed since the expiration of such Director’s last term of office.

For purposes of this Section 3.3, any Director elected to serve an unexpired term created by an existing vacancy on the Board (provided that the vacancy occurs during, rather than prior to, such term and therefore such Director serves less than three (3) full years during his or her initial term as a Director), or any Director whose initial term as a Director is less than three years as a result of the initial staggering of the terms of Director positions as described in this Section 3.3, shall be eligible to serve two (2) full three-year terms thereafter, regardless of the length of time served in the unexpired term created by such vacancy or in such initial term.

(c) Selection Criteria. When selecting and designating Directors to the Board, each designator shall be mindful of the benefits of the inclusion of Directors with expertise in curriculum, instruction and assessment, finance, business management, special education, law and facilities.

The Parent Director shall be chosen from among the parents of students then enrolled at the Academy. The Parent Director shall not be required to be the parent of a student who will be enrolled at the Academy during the entirety of such Parent Director’s three (3) year term, provided, however, that, if at any time during such Parent Director’s term, the child of the 4 LA1:1206318.11
Parent Director ceases to be a student then enrolled in the Academy, the Parent Director shall be deemed to have resigned from the Board, creating a vacancy under Section 3.4.

Section 3.4. Vacancies.

(a) Events Causing Vacancies. A vacancy on the Board shall be deemed to exist at the occurrence of any of the following:

(i) the death, resignation or removal of any Director;

(ii) the failure of the applicable designator to designate the number of Directors required to be designated at such time as a vacancy occurs;

(iii) with respect to the Parent Director, the deemed resignation of such Director upon the child of such Parent Director ceasing to be a student then enrolled in the Academy; or

(iv) the increase of the authorized number of Directors.

(b) Removal.

(i) Any Director may be removed, with or without cause, by a vote of a majority of the Directors then in office.

(ii) Any Director shall be removed automatically from the Board without any action required by the Board, if such Director has been declared of unsound mind by a final order of court, or convicted of a felony, or found by a final order or judgment of any court to have breached any duty under Chapter 2, Article 3 of the California Nonprofit Public Benefit Corporation Law.

(iii) No reduction in the authorized number of Directors shall effect a removal of any Director prior to the expiration of such Director’s term of office.

(c) Resignations. Any Director may resign, which resignation shall be effective upon giving written notice to the Chairperson of the Board, the President (if any), the Secretary or the Board, unless the notice specifies a later time for the effectiveness of such resignation, provided that, except upon notice to the Attorney General of the State of California, no Director may resign if the Corporation would then be left without a duly-elected Director or Directors in charge of its affairs. If the resignation of a Director is effective at a future time, a successor may be designated before that time, to take office when the resignation becomes effective. In addition, unexcused absence of any Director from four (4) regular Board meetings over a one (1) year period shall be deemed a resignation of such absent Director from the Board, creating a vacancy to be filled as provided in Section 3.4(d). The determination of whether an absence is excused or unexcused shall be made by the Chairperson of the Board.

(d) Filling of Vacancies. Vacancies in the Board shall be filled in the same manner as the vacant position was last filled; that is, either by the same designator as the designator who appointed the Director(s) whose office is vacant, if applicable, or by the Board of Directors, if the Director(s) whose office is vacant was elected by the Board . Each Director so 5 LA1:1206318.11
selected shall hold office until the expiration of the term of the replaced Director and until a successor has been selected and qualified.

Section 3.5. Place of Meeting. Meetings of the Board shall be held at the principal office of the Corporation. The Board may designate that a meeting be held at any place within California that has been designated by resolution of the Board or in the notice of the meeting provided that a ll meetings of the Board shall be called, held and conducted in accordance with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Section 3.6. Regular Meetings. Regular meetings of the Board shall be held on the third Monday of each month at 4:15 p.m. local time. The Board shall hold an annual meeting for the purpose of organization, appointment of officers, election of such directors, if any, as are to be elected by the Board in the applicable year, and the transaction of other business.

Annual meetings of the Board shall be held without call or notice on the first Wednesday of July of each year at 4:00 p.m. local time; provided, however, that the Board may designate another date or time for the annual meeting in any year. If for any reason the annual meeting is not held on the date scheduled, the term of office for the incumbent directors and officers shall continue until adjournment of the succeeding Board meeting at which such elections take place.

Notice of regular and annual meetings is not required if conducted in accordance with these Bylaws. Agendas for each such meeting must be posted seventy-two (72) hours previous to such meeting.

All meetings of the Board shall be called, held and conducted in accordance with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Section 3.7. Special Meetings. Special meetings of the Board for any purpose or purposes may be called at any time by the Chairperson of the Board or by a majority of the Directors, or as otherwise provided by the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Notice of the time and place of special meetings, and the business to be transacted at the meeting, shall be provided to the Directors and to all media who have provided written notice to the Corporation. All notices shall provide such information and be given with at least such notice as is required in accordance with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation that is applicable to the type of meeting called.

Section 3.8. Quorum and Action of the Board.

(a) Quorum. A majority of the Directors then in office (excluding non-voting Directors) constitute a quorum of the Board for the transaction of business, except to adjourn as provided in Section 3.11.

(b) Valid Board Actions. Every act or decision done or made by a vote of a majority of the Directors present at a meeting duly held at which a quorum is present shall be 6 LA1:1206318.11
regarded as the act of the Board, unless a greater number be required by law, by the Articles of Incorporation, or by these Bylaws, including, without limitation, acts or decisions relating to (a) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (b) approval of certain transactions between corporations having common directorships, and (c) creation of and appointments to Committees, and (d) indemnification of Directors. Notwithstanding the foregoing, a meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of Directors from the meeting, if any action taken is approved by at least a majority of the required quorum for such meeting.

Section 3.9. Participation in Meetings by Conference Telephone. Meetings of the Board may be held by teleconference, provided that all Directors participating in the meeting must be able to hear one another. All meetings held by teleconference must comply with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Section 3.10. Waiver of Notice. Except as otherwise provided in the Ralph M.

Brown Act California Government Code Sections 54950, et seq. with respect to waivers of notice of special meetings, notice of a meeting need not be given to any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such Director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. A waiver of notice need not specify the purpose of any regular or special meeting of the Board. Directors can protest a lack of notice only by presenting a written protest to the Secretary either in person, by first-class mail addressed to the Secretary at the principal office of the Corporation as contained on the records of the Corporation as of the date of the protest, or by facsimile addressed to the facsimile number of the Corporation as contained on the records of the Corporation as of the date of the protest.

Section 3.11. Adjournment. A Board meeting may be adjourned in accordance with the provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Section 3.12. Conduct of Meetings. Meetings of the Board shall be presided over by the Chairperson of the Board, or, in his or her absence, the Treasurer or, in the absence of each of these persons, by a chairperson chosen by a majority of the Directors present at the meeting. The Secretary of the Corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as secretary of the meeting.

All meetings of the Board shall be called, held and conducted in accordance with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Section 3.13. Fees and Compensation. Directors shall not receive any compensation for their service as Directors or as members of Committees of the Board; provided, however, that any Director may receive advances or reimbursement of actual reasonable expenses incurred by such Director in carrying out his or her duties as a Director or as 7 LA1:1206318.11
a member of a Committee of the Board, as may be authorized by the Board. This Section 3.13 shall not be construed to preclude any Director from serving the Corporation in any other capacity as an officer, agent, employee or otherwise, and receiving reasonable compensation for those services, as may be authorized by the Board.

Section 3.14. Restrictions on Interested Directors. Not more than forty-nine percent (49%) of the persons serving on the Board at any time may be Interested Persons. An “Interested Person” is (a) any person currently being compensated by the Corporation for services rendered to it within the previous 12 months, whether as a full-time or part-time e mployee, independent contractor or otherwise; (b) any employee or officer of any corporation, or any shareholder holding more than 3 percent of the shares in any corporation, or any partner or employee of any partnership, that has rendered compensated services to the Corporation within the previous 12 months; and (c) any brother, sister, ancestor, descendant, spouse, brother- in-law, sister-in-law, mother-in-law, father-in-law, daughter-in-law or son-in-law of any person described in clause (a) or (b) above. Any violation of the provisions of this paragraph shall not, however, affect the validity or enforceability of any transaction entered into by the Corporation.

Section 3.15. Rights of Inspection. Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records, and documents of every kind and to inspect the physical properties of the Corporation.

Section 3.16. Guests of Honor. From time to time the Board, or any Committee so authorized, may place in nomination before the Board the names of individuals for election to life terms as Guests of Honor in recognition of especially meritorious service to the Corporation. The specific requirements and procedures for nomination and election shall be established by the Board, or any Committee so authorized, provided that any Director who has served at least one full term as the Chairperson of the Board or the President (if any) shall be eligible for nomination to the status of Guest of Honor.

Guests of Honor shall receive notice of and be permitted to attend all meetings of the Board and all functions of the Board, unless the Board by resolution has determined that such Guest of Honor shall be excluded from any such meeting, but shall not be deemed Directors and therefore shall not (i) have voting power or any notice rights as a Director, (ii) have any authority to act as a Director, or (iii) be counted for quorum purposes. There shall be no limit to the number of Guests of Honor.

Section 3.17. Non-liability of Directors. The Directors shall not be personally liable for the debts, liabilities or other obligations of the Corporation.

The personal liability (including personal liability to a third party for monetary damages) of any Director for such person’s acts or omissions occurring within the scope of the performance of such person’s duties as such shall be limited to the fullest extent permitted by law (including Section 5047.5 of the California Nonprofit Corporation Law or Section 5239 of the Nonprofit Public Benefit Law, as applicable). Such Directors shall also have a right to indemnification by the Corporation as and to the extent set forth in Article 9 hereof. 8 LA1:1206318.11
ARTICLE 4. COMMITTEES

Section 4.1. Committees of Directors. The Board may, by resolution adopted by a majority of the Directors then in office, provided that a quorum is present, create one (1) or more committees (“Committees”), each consisting of two (2) or more Directors, and only of Directors, to serve at the pleasure of the Board. Notwithstanding the foregoing, the Corporation shall establish an Audit Committee if required pursuant to Section 7.1 hereof. The Board may designate one (1) or more Directors as alternate members of any Committee, who may replace any absent member at any meeting of the Committee. By a majority vote of the Directors then in office, the Board may, at any time, appoint members or alternate members to any Committee from the Directors, remove with or without cause any member of any Committee, fill any vacancies on any Committee from the Directors and revoke or modify any or all of the authority delegated to any Committee. Any Committee, to the extent provided in the resolution of the Board, shall have all or a portion of the authority of the Board, except with respect to:

(a) the approval of any action that, under the California Nonprofit Public Benefit Corporation Law, would also require approval of all members or approval of a majority of all members, if the Corporation had members;

(b) the filling of vacancies on the Board or on any Committee that has the authority of the Board;

(c) the fixing of compensation of the Directors for serving on the Board or on any Committee;

(d) the amendment or repeal of the Articles of Incorporation or these Bylaws or the adoption of new bylaws of the Corporation;

(e) the amendment or repeal of any resolution of the Board that by its express terms is not so amendable or repealable;

(f) the appointment of Committees of the Board or the members thereof;

(g) the expenditure of corporate funds to support a nominee for Director after there are more people nominated for Director than can be elected; or

(h) the approval of any self-dealing transaction, as defined in the California Nonprofit Public Benefit Corporation Law, except as expressly provided in Section 5233(d)(3) thereof.

Section 4.2. Meetings and Actions of Committees. All meetings of any Committee shall be called, held and conducted in accordance with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation. The Board shall have the power to prescribe the manner in which proceedings of any Committee shall be conducted. In the absence of any such prescription, each Committee shall have the power to prescribe the manner in which its proceedings shall be conducted. Unless the Board or such Committee shall otherwise provide, the regular and special meetings and other actions of any such Committee shall be governed by 9 LA1:1206318.11
the provisions of this Article 4 applicable to meetings and actions of the Board. Each Committee shall keep regular minutes of its meetings, cause them to be filed with the records of the Corporation and report the same to the Board from time to time as the Board may require.

Section 4.3. Advisory Committees. The Board may create one or more advisory committees to serve at the pleasure of the Board, which shall be clearly titled as “advisory” committees. Members of such advisory committees need not, but may, be Directors. The Board shall appoint and discharge advisory committee members. All actions and recommendations of an advisory committee shall require ratification by the Board before being given effect. All meetings of any advisory committee shall be called, held and conducted in accordance with the terms and provisions of the Ralph M. Brown Act California Government Code Sections 54950, et seq., as said chapter may be modified by subsequent legislation.

Section 4.4. Technical Advisory Committee. The Technical Advisory Committee shall be an advisory committee, as described in Section 4.3 above, responsible for (i) monitoring the quality of technical and scientific instruction provided and the curriculum used by the Academy, and (ii) making related recommendations for improvement to the Board. The Technical Advisory Committee shall have a minimum of five (5) members. In addition, the Head of School shall attend the meetings of the Technical Advisory Committee. The chairperson of the Technical Advisory Committee must be a director of the Board.

ARTICLE 5. OFFICERS

Section 5.1. Officers. The officers of the Corporation shall be a Chairperson of the Board, a Secretary and a Treasurer. The Corporation may elect or appoint, in accordance with the provisions of Section 5.3, additional officers, including but not limited to a President, one or more Vice Presidents, one or more Assistant Secretaries, and/or one or more Assistant Treasurers. Any number of offices may be held by the same person, except that neither the Secretary nor the Treasurer may serve concurrently as the Chairperson of the Board or the President (if any).

Section 5.2. Election of Officers. The Chairperson of the Board, the Secretary and the Treasurer, unless elected or appointed in accordance with the provisions of Section 5.5, shall be chosen annually by, and shall serve at the pleasure of, the Board, and shall hold their respective offices until their resignation, removal, or other disqualification from service, or until their respective successors shall be appointed.

Section 5.3. Subordinate Officers. The Board may elect, and may empower the Chairperson of the Board or another officer to appoint, such other officers as the business of the Corporation may require, in the discretion of the Board, each of whom shall hold office for such period, have such authority and perform such duties as are provided in these Bylaws or as the Board may from time to time determine. The Board shall approve in advance any employment contract entered into with any such officer.

Section 5.4. Removal and Resignation. Any officer may be removed by the Board at any time (subject to the provisions of any employment contract approved by the Board 10 LA1:1206318.11
pursuant to Section 5.3), either with or without cause and either with or without prior notice, at a regular or special meeting of the Board or, except in the case of an officer chosen by the Board, by any officer upon whom such power of removal may be conferred by the Board.

Any officer may resign at any time (subject to the provisions of any employment contract approved by the Board pursuant to Section 5.3) by giving written notice to the Corporation addressed and sent to the Board, the Chairperson of the Board or the Secretary. An officer’s resignation shall take effect at the date notice of resignation is received by the addressee or at any later time specified in the notice and, unless otherwise specified in the notice, the acceptance of the resignation shall not be necessary to make it effective.

Section 5.5. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed in these Bylaws for regular election or appointment to such office, provided that such vacancies shall be filled as they occur and not on an annual basis. In the event of a vacancy in any office other than the Chairperson of the Board, such vacancy may be filled by appointment by the Chairperson of the Board, and such officer shall remain in office for sixty (60) days, or until the next regular meeting of the Board, whichever comes first. Thereafter, the office can be filled only by action of the Board.

Section 5.6. Chairperson of the Board. The Chairperson of the Board shall, if present, preside at all meetings of the Board and exercise and perform such other powers and duties as may be from time to time assigned by the Board or prescribed by these Bylaws. If there is no President, then the Chairperson of the Board shall also be the chief executive officer of the Corporation and shall have the powers and duties prescribed in Section 5.7.

Section 5.7. President. Subject to such powers, if any, as may be given by the Board to the Chairperson of the Board, the President, if any, shall be the general manager and chief executive officer of the Corporation and shall have responsibility for, subject to the control of the Board, the general supervision, direction, and control of the business and officers of the Corporation. The President, if any, shall have the general powers and duties of management usually vested in the office of president and general manager of a corporation and such other powers and duties as may be prescribed by the Board.

Section 5.8. Vice Presidents. In the absence or disability of the President, or in the event of his or her inability or refusal to act, the Vice Presidents, if any, in order of their rank as fixed by the Board or, if not ranked, a Vice President designated by the Board, shall perform all the duties of the President and, when so acting, shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice Presidents, if any, shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board, these Bylaws, the Chairperson of the Board or the President, if any.

Section 5.9. Secretary. The Secretary shall keep, or cause to be kept, minutes of all meetings of the Board and Board Committees. If the Secretary is unable to be present, the secretary or the presiding officer of the meeting shall designate another person to take the minutes of the meeting. Unless otherwise determined by the Board, the Secretary shall keep or cause to be kept, at the principal office of the Corporation or such other place as the Board may order, a book of minutes of all meetings of the Board and its Committees, with the time and 11 LA1:1206318.11
place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Board and Committee meetings, and the proceedings thereof.

The Secretary shall keep, or cause to be kept, at the principal office of the Corporation or such other place as the Board may order, the original or a copy of the Corporation’s Articles of Incorporation and Bylaws, as amended to date.

The Secretary shall give, or cause to be given, notice of all meetings of the Board and any Committees thereof required by these Bylaws or by law to be given. If the Secretary or other person authorized by the Secretary to give notice fails to act, notice of any meeting may be given by any other Director or officer of the Corporation.

The Secretary shall keep the records of the Corporation and the seal of the Corporation, if one be adopted, in safe custody. The Secretary shall have such other powers and shall perform such other duties as from time to time may be prescribed by the Board.

Section 5.10. Treasurer. The Treasurer shall be deemed to be the chief financial officer of the Corporation. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of accounts of the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, retained earnings and other matters customarily included in financial statements. The books of account shall be open to inspection, at all reasonable times, by any Director or his or her agent or attorney. The Treasurer shall send or cause to be given to the Directors such financial statements and reports as are required to be given by law, by these Bylaws, or by the Board.

The Treasurer shall prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required report. The Treasurer shall also prepare, or cause to be prepared, an annual report that shall be sent by the Board to each Director within one hundred and twenty (120) days after the close of the Corporation’s fiscal year, containing the following information in reasonable detail:

(a) the assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year;

the fiscal year;
(b) the principal changes in assets and liabilities, including trust funds, during

(c) the revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year;

(d) the expenses or disbursements of the Corporation for both general and restricted purposes during the fiscal year;

(e) an independent accountants’ report or, if none, the certificate of an authorized officer of the Corporation that such statements were prepared without audit from the Corporation’s books and records; and
12 LA1:1206318.11
(f) a statement regarding any transaction (i) to which the Corporation, its parent, or its subsidiary was a party, (ii) in which any Director or officer of the Corporation, its parent or its subsidiary, or any holder of more than ten percent (10%) of the voting power of the Corporation, its parent or its subsidiary, had a direct or indirect material financial interest (a mere common directorship shall not be considered such an interest) and (iii) that involved either (A) more than $50,000 or that was one of a number of such transactions with the same interested person involving, in the aggregate, more than $50,000 or (B) any loans, guaranties, indemnifications, or advances aggregating more than $10,000 paid during the fiscal year to any Director or officer of the Corporation under Article 10 of these Bylaws; which statement shall include: (1) a brief description of the transaction; (2) the names of interested persons involved; (3) their relationship to the Corporation; (4) the nature of their interest in the transaction, and; (5) when practicable, the amount of that interest.

The Treasurer shall deposit, or cause to be deposited, all moneys and other valuables in the name and to the credit of the Corporation with such depositories as may be designated by the Board. The Treasurer shall disburse the funds of the Corporation as may be ordered by the Board, shall render to the Chairperson of the Board, the President (if any) and the Directors, whenever they request it, an account of all transactions as Treasurer and of the financial condition of the Corporation. The Treasurer shall also have such other powers and perform such other duties as may be prescribed by the Board or these Bylaws.

Section 5.11. Compensation. Neither the Chairman of the Board, nor the Secretary, nor the Treasurer shall receive any compensation for his or her service as such officer; provided, however, that each such officer may receive advances or reimbursement of actual reasonable expenses incurred by him or her in carrying out his or her duties as such officer, as may be authorized by the Board. The compensation of other officers of the Corporation, if any, shall be fixed from time to time by resolution of the Board or established in employment contracts approved by the Board pursuant to Section 5.3. No officer shall be prevented from receiving any compensation pursuant to this Section 5.11 by reason of the fact that he or she is also a Director of the Corporation; provided, however, that such compensation paid to a Director for serving as an officer of the Corporation shall only be allowed if permitted under the provisions of Section 3.14 of these Bylaws. In all cases, any compensation received by officers of the Corporation shall be reasonable and given in return for services actually rendered for the Corporation that relate to the performance of the public benefit purposes of the Corporation.

Section 5.12. Nonliability of Officers. The personal liability (including personal liability to a third party for monetary damages) of any officer for such person’s acts or omissions occurring within the scope of the performance of such person’s duties as such shall be limited to the fullest extent permitted by law (including Section 5047.5 of the California Nonprofit Corporation Law or Section 5239 of the Nonprofit Public Benefit Law, as applicable). Such officers shall also have a right to indemnification by the Corporation as and to the extent set forth in Article 9 hereof.

ARTICLE 6. HEAD OF SCHOOL

Section 6.1. Appointment. The school operated and maintained by the Corporation pursuant to these Bylaws (the “Academy”) shall have a Head of School selected by 13 LA1:1206318.11
the Board. The Head of School shall be an employee of the Corporation and shall receive a compensation package fixed by the Board, and the Board shall ensure that such compensation package be just and reasonable. The Board may extend the Head of School a contract of employment and shall devise and implement a mechanism for periodic (e.g., annual) review of the Head of School’s performance. The Head of School shall attend the meetings of the Board.

School shall:

Section 6.2. Responsibilities. Subject to the authority of the Board, the Head of

(a) be responsible for supervising and managing the day-to-day business and affairs of the Academy;

(b) be responsible for the hiring, supervision, and termination of employment of school employees and staff, subject to salary guidelines and previous discussion with, and other reasonable requirements as may be set forth by, the Board, if any;

(c) advance the purposes of the Corporation through the Academy, and shall otherwise operate such school in a manner consistent with the policies and plans adopted by the Board, and as directed by the Board;

the Academy;
(d) assist the Board in developing plans for the near- and long-term future of 14 LA1:1206318.11

(e) be responsible for prudent budgeting and fiscal management, managing the Academy’s operations and property in a fiscally responsible manner; and

(f) be responsible, together with the Board, for fund-raising for the Academy.

The Head of School shall have such other powers and duties as may be prescribed from time to time by the Board or by these Bylaws.

ARTICLE 7. FINANCIAL OVERSIGHT

Section 7.1. Appointment of an Audit Committee. In a fiscal year in which the Corporation’s gross revenue is $2,000,000 or more (excluding grants from, and contracts for services with, governmental entities for which the governmental entity requires an accounting of the funds received), the Corporation shall appoint an audit committee (the “Audit Committee”).

(a) Members. The Audit Committee may include non-Directors, but it may not include any members of the staff, the Chairman of the Board, the Treasurer, or the President (if any). If the Corporation has a Finance Committee, it shall be separate from the Audit Committee. The Audit Committee may include members of the Finance Committee, but such overlapping Committee members shall constitute less than half of the Audit Committee and the chairperson of the Audit Committee may not be a member of the Finance Committee. Any person who has any material financial interest in any entity doing business with the Corporation may not serve on the Audit Committee. Each member of the Audit Committee shall serve as such until such member’s successor shall be appointed by the Board. In the event that any member of the Audit Committee shall resign or cease to be a Director of the Corporation, the vacancy thus caused shall be filled by the Board.

(b) Duties of the Audit Committee. Subject to the supervision of the Board, the Audit Committee shall exercise the following powers, responsibilities, and duties:

(i) make recommendations to the Board regarding the
appointment, retention, and termination of the independent auditor for the Corporation;

(ii) negotiate the auditor's compensation on behalf of the Board;

(iii) confer with the auditor to satisfy the members of the Audit Committee that the financial affairs of the Corporation are in order;

(iv) review the audit and decide whether to recommend acceptance of it to the Board; and

(v) approve non-audit services by the auditor and ensure that such services conform to the applicable independent standards.

(c) Compensation. No member of the Audit Committee shall receive compensation for serving on the Audit Committee. An Audit Committee member may be reimbursed for reasonable expenses incurred in attending such meetings.

15 LA1:1206318.11
(d) Quorum, Meetings of the Audit Committee, Records of the Audit Committee. Determinations of quorum, procedures for meetings, and records of the Audit Committee shall be in accordance with the provisions of Section 4.2.

(e) Control by the Board. The Audit Committee shall be subject at all times to the control of the Board, which shall have the power to revise or alter any action taken by the Audit Committee; provided, however, that no rights of third parties shall be affected thereby.

Section 7.2. Financial Statements Must Be Made Available. If the Corporation prepares an audited financial statement, such audited financial statement shall be made available for inspection by the California Attorney General and by all members of the public no later than nine months after the close of the relevant fiscal year in the same manner as the Corporation’s Internal Revenue Service Form 990. Each annual financial statement shall be made available to the public for three years.

ARTICLE 8. OTHER PROVISIONS

Section 8.1. Execution of Documents; Contracts. Subject to the provisions of applicable law, any note, mortgage, evidence of indebtedness, contract, conveyance, or other instrument in writing and any assign ment or endorse ment thereof executed or entered into between the Corporation and any other person, when signed by the Chairman of the Board, the President (if any), or any Vice President (if any) shall be valid and binding on the Corporation in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the same. Any such instruments may be signed by any other person or persons and in such manner as from time to time shall be determined by the Board, and unless us authorized by the Board, no other officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

Section 8.2. Representation of Shares of Other Corporations. The Chairperson of the Board, the President (if any) or any other officer or officers authorized by the Board, the Chairperson of the Board or the President (if any) are each authorized to vote, represent, and exercise on behalf of the Corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of the Corporation. The authority herein granted may be exercised either by any such officer in person or by any other person authorized so to do by proxy or power of attorney duly executed by said officer.

Section 8.3. Construction and Definitions. Unless the context requires otherwise, the general provisions, rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law and in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the foregoing, the singular number includes the plural, the plural number includes the singular, and the term “person” includes both a natural person and any corporation or other entity. All references to statutes, regulations and laws shall include any future statutes, regulations and laws that replace those referenced.

Section 8.4. Amendments. These Bylaws may be amended or repealed by a majority vote of Directors then in office, except that no amendment make any provisions of these Bylaws inconsistent with the charter(s) that created the Academy, the Corporation’s Articles of 16 LA1:1206318.11
Incorporation, or any applicable laws. No amendment of these Bylaws may extend the term of a Director beyond that for which such Director was elected.

Section 8.5. Books and Records, Fiscal Year. The Corporation’s books and records, together with all of the documents and papers pertaining to the business of the Corporation, shall be kept and maintained at the principal office of the Corporation. The fiscal year of the Corporation shall end on June 30, unless otherwise provided for by the Board, and the books and records of the Corporation shall be kept on a fiscal year basis and shall reflect all the transactions of the Corporation and be appropriate and adequate for the Corporation’s business.

ARTICLE 9. CONFLICT OF INTEREST

Section 9.1. Conflict of Interest Policy. The Corporation shall have a Conflict of Interest Policy established by the Board, which policy shall be consistent with all applicable laws. The Conflict of Interest Policy shall be furnished to each Director or officer who is presently serving the Corporation, or who may hereafter become associated with the Corporation. The Conflict of Interest Policy shall be reviewed at least annually for new information and guidance from Directors and officers, and any new Directors and officers shall be advised of the Conflict of Interest Policy upon undertaking the duties of their respective offices.

ARTICLE 10. INDEMNIFICATION

Section 10.1. Definitions. For the purposes of this Article 10, “agent” means any person who is or was a Director, officer, employee or other agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise, or was a director, officer, employee, or agent of a foreign or domestic corporation that was a predecessor corporation of the Corporation or of another enterprise at the request of such predecessor corporation; “officer” or director” means only an agent who is or was an officer or director of the Corporation or a predecessor corporation at the Corporation’s (or such predecessor’s) request; “proceeding” means any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative or investigative; and “expenses” includes without limitation all attorneys’ fees, costs and any other expenses reasonably incurred in establishing a right to indemnification under this Article 10.

Section 10.2. Indemnification in Actions by Third Parties. The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding (other than an action by or in the right of the Corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust) by reason of the fact that such person is or was an agent of the Corporation. The power to indemnify shall include expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and, in 17 LA1:1206318.11
the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner that the person reasonably believed to be in the best interests of the Corporation or that the person had reasonable cause to believe that the person’s conduct was unlawful.

The Corporation shall, to the maximum extent permitted by law, and in the manner provided by law, indemnify any such persons who serve as Directors or officers of the Corporation. The personal liability of such Directors and officers shall be limited as and to the extent set forth in Section 3.17 and Section 5.12, respectively.

Section 10.3. Indemnification in Actions by or in the Right of the Corporation.

The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party, by reason of the fact that such person is or was an agent of the Corporation, to any of the following types of threatened, pending or completed actions: ones by or in the right of the Corporation; ones brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law; or ones brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust.

The power to indemnify shall include expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 10.3:

(a) in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable to the Corporation in the performance of such person’s duty to the Corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses that such court shall determine;

(b) of amounts paid in settling or ot herwise dis posing of a threatened or pending action, with or without court approval; or

(c) of expenses incurred in defending a threatened or pending action that is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General; or

(d) of amounts that would qualify as an excess benefit as that term is defined in Internal Revenue Code Section 4958.

Section 10.4. Indemnification of Expenses. To the extent that an agent of the Corporation has been successful on the merits in defense of any proceeding referred to above or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith.

Section 10.5. Required Determinations. Except as provided in the above sections of this Article 10, any indemnification under this Article 10 shall be made by the Corporation only if authorized in the specific case, upon a determination that indemnification of the agent is 18 LA1:1206318.11
proper in the circumstances because the agent has met the applicable standard of conduct set forth in Sections 10.2 or 10.3, by:

(a) A majority vote of a quorum consisting of Directors who are not parties to such proceedings; or

(b) The court in which such proceeding is or was pending upon application made by the Corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney, or other person is opposed by the Corporation.

Section 10.6. Advance of Expenses. Expenses incurred in defending any proceeding may be advanced by the Corporation before final disposition of the proceeding upon receipt of an undertaking by or on behalf of the agent to repay that amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article 10; provided, however, that such advance shall not be permitted if the Corporation is a private foundation within the meaning of Internal Revenue Code Section 509 and the agent is a disqualified person within the meaning of Internal Revenue Code Section 4946.

Section 10.7. Meetings of the Board. On written request to the Board by any Director or officer seeking indemnification under these Bylaws or the California Nonprofit Corporation Law, the Board shall promptly convene a meeting and in good faith decide whether the applicable standard(s) have been met and, subject to any required findings and other constraints, if any, upon its power to provide such indemnification, if they have been met shall promptly authorize such indemnification.

Section 10.8. Other Indemnification. No provision made by the Corporation to indemnify its or its subsidiary’s directors or officers for the defense of any proceeding, whether contained in the Articles of Incorporation, these Bylaws, a resolution of the Board, an agreement or otherwise, shall be valid unless consistent with this Article 10. Nothing contained in this Article 10 shall affect any right to indemnification to which persons other than such Directors and officers may be entitled by contract or otherwise.

Section 10.9. Forms of Indemnification not Permitted. No indemnification or advance shall be made under this Article 10, except as provided in Sections 10.4 or 10.5(b), in any circumstances where it appears:

(a) that it would be inconsistent with a provision of the Articles of Incorporation, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or other amounts were paid that prohibits or otherwise limits indemnification; or

(b) that it would be inconsistent with any condition expressly imposed by a court in approving a settlement.

Section 10.10. Insurance. The Corporation shall have the power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent’s status as such whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of this Article 10, provided, however, that a Corporation shall have 19 LA1:1206318.11
no power to purchase and maintain such insurance to indemnify any agent of the Corporation for a violation of Section 5233 of the California Nonprofit Public Benefit Corporation Law (or any successor provision thereto).

Section 10.11. Nonapplicability to Fiduciaries of Employee Benefit Plans. This Article 10 does not apply to any proceeding against any trustee, investment manager, or other fiduciary of any employee benefit plan in such person’s capacity as such, even though such person may also be an agent of the Corporation as defined in Section 10.1. The Corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law.

Section 10.12. Federal and State Exculpatory Provisions. Nothing in this Article 10 shall limit or otherwise adversely affect the rights of qualifying agents of the Corporation under the Federal Volunteer Protection Act of 1997, as amended (42 USCA Section 14501 et seq.), Section 5047.5 of the California Corporations Code, Section 5239 of the Nonprofit Public Benefit Law or similar provisions of other laws or public policies limiting such liability, as now in effect or as any thereof may be amended.

Section 10.13. Separability. Each and every paragraph, sentence, term, and provision of this Article 10 is separate and distinct so that if any paragraph, sentence, term, or provision shall be held to be invalid or unenforceable for any reason, its invalidity or unenforceability shall not affect the validity or enforceability of any other paragraph, sentence, term, or provision of this Article 10. To the extent required, any paragraph, sentence, term, or provision of this Article 10 may be modified by a court of competent jurisdiction to preserve its validity and to provide the claimant with, subject to the limitations set forth in this Article 10 and any agreement between the Corporation and the claimant, the broadest possible indemnification permitted under applicable law.

ARTICLE 11. EMERGENCY PROVISIONS

Section 11.1. Applicability. The provisions of this Article 11 shall be operative only during an “emergency situation” as defined in California Government Code Section 54956.5. Under such conditions, a meeting of the Board may be held in accordance with the provisions of such Section 54956.5.

Section 11.2. Emergency Quorum. The Director or Directors in attendance at the meeting of the Board so called shall constitute a quorum. If none is in attendance at the meeting, the officers or other persons designated on a list approved by the Board before the emergency, all in the order of priority and subject to the conditions and for the period of time (not longer than reasonably necessary after the termination of the emergency) as may be provided in the resolution approving the list, shall, to the extent required to provide a quorum at any meeting of the Board be deemed Directors or members of the committee, as the case may be, for the meeting.

Section 11.3. Line of Succession. The Board, either before or during any such emergency, may provide, and from time to time modify, lines of succession in the event that during the emergency any or all officers or agents of the Corporation shall for any reason be rendered incapable of discharging their duties.

Section 11.4. Principal Office. The Board, either before or during any such 20 LA1:1206318.11
emergency, may, effective in the emergency, change the principal office or designate several alternative offices or authorize the officers so to do.

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LA1:1206318.11

CERTIFICATE OF SECRETARY
OF
THE PALMDALE AEROSPACE ACADEMY, INC.

A California Nonprofit Public Benefit Corporation

I hereby certify that I am the duly elected and acting Secretary of The Palmdale Aerospace Academy, Inc. and that the foregoing Bylaws, comprising 20 pages, constitute the Bylaws of said Corporation as duly adopted by the Board of Directors of the Corporation on ______, ____; and that
these Bylaws have not been amended since that date.

Executed on __________________ at ________________, California.

Name:

Title: Secretary
LA1:1206318.11

TABLE OF CONTENTS

Page

ARTICLE 1. OFFICES ................................................................................................................. 1 Section 1.1. Principal Office ............................................................................................. 1 Section 1.2. Other Offices ................................................................................................. 1 ARTICLE 2. MEMBERSHIP ....................................................................................................... 1 Section 2.1. Members. ...................................................................................................... 1 Section 2.2. Associates. .................................................................................................... 1 ARTICLE 3. DIRECTORS .......................................................................................................... 1 Section 3.1. Powers ........................................................................................................... 1 Section 3.2. Number of Directors ..................................................................................... 2 Section 3.3. Selection and Term of Office ........................................................................ 2 Section 3.4. Vacancies ...................................................................................................... 4 Section 3.5. Place of Meeting ........................................................................................... 5 Section 3.6. Regular Meetings .......................................................................................... 5 Section 3.7. Special Meetings ........................................................................................... 5 Section 3.8. Quorum and Action of the Board. ................................................................. 5 Section 3.9. Participation in Meetings by Conference Telephone .................................... 6 Section 3.10. Waiver of Notice ......................................................................................... 6 Section 3.11. Adjournment ............................................................................................... 6 Section 3.12. Conduct of Meetings ................................................................................... 6 Section 3.13. Fees and Compensation .............................................................................. 6 Section 3.14. Restrictions on Interested Directors ............................................................ 7 Section 3.15. Rights of Inspection .................................................................................... 7 Section 3.16. Guests of Honor .......................................................................................... 7 Section 3.17. Non-liability of Directors ............................................................................ 7 ARTICLE 4. COMMITTEES ....................................................................................................... 8 Section 4.1. Committees of Directors ............................................................................... 8 Section 4.2. Meetings and Actions of Committees ........................................................... 8 Section 4.3. Advisory Committees ................................................................................... 9 Section 4.4. Technical Advisory Committee .................................................................... 9 ARTICLE 5. OFFICERS .............................................................................................................. 9 -i-
LA1:1206318.11

(continued)
Section 5.1. Officers ......................................................................................................... 9 Section 5.2. Election of Officers ....................................................................................... 9 Section 5.3. Subordinate Officers ..................................................................................... 9 Section 5.4. Removal and Resignation ............................................................................. 9 Section 5.5. Vacancies ................................................................................................... 10 Section 5.6. Chairperson of the Board ........................................................................... 10 Section 5.7. President ..................................................................................................... 10 Section 5.8. Vice Presidents. .......................................................................................... 10 Section 5.9. Secretary .................................................................................................... 10 Section 5.10. Treasurer .................................................................................................. 11 Section 5.11. Compensation .......................................................................................... 12 Section 5.12. Nonliability of Officers ............................................................................ 12 ARTICLE 6. HEAD OF SCHOOL ............................................................................................ 12 Section 6.1. Appointment .............................................................................................. 12 Section 6.2. Responsibilities .......................................................................................... 13 ARTICLE 7. FINANCIAL OVERSIGHT ................................................................................. 13 Section 7.1. Appointment of an Audit Committee. ........................................................ 13 Section 7.2. Financial Statements Must Be Made Available ......................................... 14 ARTICLE 8.OTHER PROVISIONS .......................................................................................... 14 Section 8.1. Execution of Documents; Contracts .......................................................... 14 Section 8.2. Representation of Shares of Other Corporations ....................................... 15 Section 8.3. Construction and Definitions ..................................................................... 15 Section 8.4. Amendments .............................................................................................. 15 .......................................................................................................................................... 15 Section 8.5. Books and Records, Fiscal Year ................................................................ 15 ARTICLE 9. CONFLICT OF INTEREST ................................................................................ 15 Section 9.1. Conflict of Interest Policy ........................................................................... 15 ARTICLE 10. INDEMNIFICATION ........................................................................................ 16 Section 10.1. Definitions ................................................................................................ 16 Section 10.2. Indemnification in Actions by Third Parties ............................................ 16 -ii-

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LA1:1206318.11

(continued)
LA1:1206318.11

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Section 10.3. Indemnification in Actions by or in the Right of the Corporation ........... 16 Section 10.4. Indemnification of Expenses. ................................................................... 17 Section 10.5. Required Determinations ......................................................................... 17 Section 10.6. Advance of Expenses. .............................................................................. 17 Section 10.7. Meetings of the Board .............................................................................. 18 Section 10.8. Other Indemnification .............................................................................. 18 Section 10.9. Forms of Indemnification not Permitted .................................................. 18 Section 10.10. Insurance ................................................................................................ 18 Section 10.11. Nonapplicability to Fiduciaries of Employee Benefit Plans .................. 19 Section 10.12. Federal and State Exculpatory Provisions ............................................. 19 Section 10.13. Separability. ........................................................................................... 19 ARTICLE 11. EMERGENCY PROVISIONS ........................................................................... 19 Section 11.1. Applicability ............................................................................................. 19 Section 11.2. Emergency Quorum .................................................................................. 19 Section 11.3. Line of Succession .................................................................................... 19 Section 11.4. Principal Office ......................................................................................... 20

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LA1:1206318.11
City Council Staff Report
DATE: SEPTEMBER 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE
DISTRICT: ALL
SUBJECT: APPROVE THE EMPLOYMENT AGREEMENT BETWEEN THE CITY

OF PALMDALE AND JONES & MAYER FOR INTERIM CITY

ATTORNEY SERVICES
ISSUE
Approve the Employment Agreement between the City of Palmdale and Jones & Mayer for Interim City Attorney Services.

RECOMMENDATION
Staff recommends that the City Council approve the Employment Agreement between the City of Palmdale and Jones & Mayer for Interim City Attorney Services, and appropriate funds from General Fund unappropriated fund balance in the amount of $350,000.

BACKGROUND
Following the May 26, 2022, resignation of the City Att orney, the City Council held a special closed session and interviewed several candidates for the position of Interim City Attorney. Staff was directed to enter into negotiations for Interim City Attorney services with Mr. Porter/Jones & Mayer subject to mutual agreement.

DISCUSSION
At the Ju ly 20, 2022, special closed session meeting City Council directed the Interim City Manager to enter into negotiations with Scott Porter/Jones & Mayer for Interim City Attorney Services.

FISCAL IMPACT
$255 per hour for Interim City Attorney, $235 per hour for other attorneys. The fiscal impact for a term ending January 31, 2023, is not to exceed $350,000, to be budgeted in account 10114001-701000 through 705000 from General Fund unappropriated fund balance.

Report to Mayor and City Council
Re: Approve the Employment Agreement Between the City of Palmdale and Jones & Mayer for Interim City Attorney Services
September 7, 2022

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

Objective: C. Invest in staff and other human resource strategies to attract and retain a highly qualified, diverse, and creative workforce.

Prepared by: Ronda Perez, Interim City Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS

1. Agreement A-8069

AGREEMENT FOR LEGAL SERVICES BETWEEN

THE CITY OF PALMDALE AND JONES & MAYER
AGREEMENT NO. A-8069
t
This Legal Services Agreement (“Agreement”) is made and entered into by and between the City of Palmdale (“City”) and Jones & Mayer (“Firm”), collectively identified as “the Parties.”
RECITALS:

A. This Agreement is made pursuant to California Business and Professions Code Section 6148, and is intended to fulfill the requirements of that section.

B. The City desires to retain the Firm to provide Interim City Attorney and related legal services as may be required for City representation and as may be directed by City.

C. The attorneys of the Firm are duly licensed under the laws of the State of California and are fully qualified to provide the services contemplated by this Agreement.

THE PARTIES AGREE AS FOLLOWS:

1. Scope of Services.
a. The Firm will provide those legal services as may be necessary to represent the city in the role of Interim City Attorney. This may include without limitation, legal services related to the areas of land use, litigation, as well as general advisory services related to municipal law. The firm will provide those legal services reasonably required to accomplish City’s stated goals, as established by the City Council and City Manager. b. The legal services the Firm will provide to City will be billed at the rates set forth in Exhibit “A”, attached.

2. Designation of Responsible Attorneys.

As an agent for the Firm, Scott Porter, Esq. is designated as the Interim City Attorney responsible for providing the legal services under this Agreement to City and for supervising any other attorneys within the Firm or as otherwise directed by the City Council or City Manager. The Interim City Attorney shall coordinate the provision of legal services with any other outside Legal Services Agreement
Agreement No. 8069

legal counsel which is not associated with the Firm and with which the City has engaged to represent the City.

3. Confidentiality.

All reports, information, data, or other documents prepared or assembled by the Firm under this Agreement are confidential and the Firm shall not make the same available to any individual or organization without the prior written approval of the Palmdale City Manager or City Council.

4. Maximum Contract Amount, Billing Procedures, Monthly Statements, and Oversight.
a. The Firm shall submit to the Palmdale City Manager,
within thirty (30) days after the end of each calendar month, an itemized statement of the professional services provided and the time expended providing those services. This statement will be in the form customarily submitted by the Firm to clients that are billed on an hourly basis. The parties acknowledge that payment of all monthly statements is expected to be made within thirty (30) days of the billing date.
b. The Firm will bill the City for items such as, but not limited to, long distance telephone calls, filing fees (if applicable), document duplication, computerized legal research, word-processing, and similar out-of- pocket expenditures. These items will be separately designated on the Firm’s monthly statements as “disbursements,” and will be billed in addition to the fees for professional services.
c. If the Firm’s services are billed by the hour, time will be charged by the Firm in increments of 1/10 of an hour (i.e., six-minute units).

Among the services which are routinely billed are telephone conversations and travel time. In addition to the fees charged for services, the Firm also bills for costs incurred, which include, but are not limited to, filing fees (if applicable), messenger and air courier expensed, parking expenses, local and out-of-town travel expenses, facsimile and other communication expenses, postage, and printing costs. In addition, the Firm charges for certain internal costs if incurred on City’s behalf, such as photocopying, secretarial overtime, and word processing.
d. The rate structure in general, or the rates of particular attorneys, may be increased from time to time, after a minimum 30-day written notice to and written consent of the Palmdale City Manager, or City Manager, if required. To the extent feasible, these adjustments will be made so as to coincide with the beginning of City’s fiscal year, which begins on July 1st. If Legal Services Agreement
Agreement No. 8069

possible, requests to increase fees should be forwarded to the Palmdale City Manager (and City Council, if required) in February of any given year. It is acknowledged that this Section 4d will only have application if this agreement is extended past its current termination date in Section 6 of this agreement. e. The Firm’s fees for legal services are based primarily on hourly rates; other factors considered by the Firm in determining a fair fee are set forth in Rule 4-200 of the Rules of Professional Conduct of the California State Bar Association. If persons who are “Of Counsel” to the Firm work on City matters, the Firm and its Of Counsel may from time to time share the fees paid by City; however, if such is the case, City’s fees will not be increased in any way, and the fees which City is requested to pay will be the same as would have been payable had there been no such sharing of fees.
f. All invoices are subject to audit and approval of the City Manager or the City Manager’s designee. If any charge, cost or request is questioned by the City Manager that amount, without accruing interest or charge, will be withheld by City until Agreement between the Parties is achieved, after good faith negotiations, per Section 5.
g. All fees, charges, costs and reimbursable items of this Agreement shall not exceed a maximum of $350,000.00. The term of this as is set forth in Section 6 hereafter.

5. Resolution of Fee Disputes.

City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles in accordance with the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. If City chooses not to use the Los Angeles County Bar Association’s arbitration procedures, City agrees that any disputes regarding the professional services rendered or fees charged by the Firm will be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

6. Term of the Agreement.

This Agreement will take effect on July 1, 2022 and will remain in full force and effect through January 31, 2023 or until terminated in accordance with the provisions of Section 7.

Legal Services Agreement
Agreement No. 8069

7. Termination of the Agreement.

City has the right to terminate the Firm’s representation at any time, without cause, subject to an obligation to give notice in writing to the Firm at least thirty (30) days prior to termination. The City also has the right to request that the Firm immediately no longer act in the role of Interim City Attorney but that the Firm continue to provide legal services to the City in a different capacity. In this event, the Parties agree to continue to be bound by the confidentiality (Sec 3); Section 4 billing and payment and dispute resolution provisions (Sec 6), and Sections 8 through 15 of this Agreement unless the Agreement is otherwise amended or terminated.

The Firm has the same right to terminate representation, subject to an obligation to give City written notice at least ninety (90) days prior to termination so that City will be able to arrange alternative representation. In either circumstance, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any pending litigation matters. The Firm agrees to cooperate fully in any such transition, including the transfer of files. Upon termination, all finished or unfinished materials shall become the property of City. Notwithstanding the termination of the Firm’s representation, City will remain obligated to pay to the Firm all fees and costs incurred prior to such termination.

8. Modifications to the Agreement.

Unless otherwise provided for in this Agreement,
modifications relating to the nature, extent, or duration of the Firm’s professional services to be rendered will require the written approval of the Palmdale City Manager (and City Council if required). Any such written approval will be deemed to be a supplement to this Agreement and will specify any changes in this Agreement.

9. Independent Contractor.

No employment relationship is created by this Agreement with the Firm or any employees of the Firm. For all purposes, the Firm and its employees are independent contractors to City and shall not incur, nor have the authority to incur any debt, obligation, or liability for or against City.

Legal Services Agreement
Agreement No. 8069

10. Assignment and Delegation.

This Agreement contemplates the performance of
professional services by the Firm. Neither this Agreement, nor any portion of it, may be assigned or delegated by the Firm without the prior written consent of the Palmdale City Council, except that if the Firm is disqualified by virtue of a conflict of interest, the Firm or City, at City’s sole option, may delegate such authority with the approval of the City Manager, solely to the extent of the conflict.

11. Conflict of Interest.

The Firm affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement in violation of any Rules of Professional Conduct of the California Bar Association. No person having such interest shall be employed by or associated with the Firm. The Firm agrees to comply with all rules of the Political Reform Act, as it may be amended from time to time.

12. Insurance.
a. The Firm shall obtain and maintain in full force and effect a professional liability insurance policy that provides coverage in an amount not less than $1,000,000 per occurrence. This insurance policy shall provide coverage to the City for any damages or losses suffered by City as a result of any error, omission, or neglect by the Firm that arises out of the professional services rendered under this Agreement. Such insurance may be subject to a self-insured retention or deductible to be borne entirely by the Firm.

When coverage is maintained on a “claims made basis,” Firm will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover Firm for all claims made by City arising out of any acts or omissions of Firm or its officers, employees, or agents during the time this Agreement was in effect. b. The Firm will obtain and maintain workers’
compensation insurance in accordance with Section 3700 of the California Labor Code.
c. The Firm will obtain and maintain in full force and
effect comprehensive general liability insurance in an amount not less than $1,000,000 per occurrence with a $2,000,000 aggregate.

Legal Services Agreement
Agreement No. 8069

d. All insurance coverage specified above will provide
for a minimum of thirty (30) days notice of cancellation by the insurance carrier, and will be maintained in full force and effect throughout the term of this Agreement.
e. Policies providing for bodily injury and property
damage shall contain the following: An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Agreement.

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.

The certificate and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insureds.”

13. Indemnity.

The Firm agrees to defend and hold the City, and its elected and appointed officers, officials, employees, and other agents free and harmless of any claim, demand or judgement that may arise based upon personal injury or damage to property or any course of action of any type, nature, including but not limited to, actions in equity such as writs, administrative proceedings and enforcement actions by any authority or organization to a third party arising out of any error or negligent omission by Firm regarding the performance of services hereunder, to the extent of Firm’s fault.

14. Legal Files.
a. During the period that the Firm is actively working
upon a matter, the files pertaining thereto will be maintained in its offices. After the Firm has concluded working upon a matter, the files may be transferred to an offsite storage facility, from which they can be retrieved upon reasonable notice.

All original agreements, modification or deeds, easements or similar original documents should be forwarded to the Palmdale City Clerk either as created or at the expiration of the fourth calendar year following the consummation or conclusion of each matter for which a file is opened. City may request copies of its client matter files at any time, including, without limitation, upon termination of the Firm’s engagement. City agrees that upon delivery of any client matter files that it will pay the Firm for its costs incurred in photocopying such files. The Firm shall retain any City documents for periods no less than the terms established in the City’s document retention schedule, which is attached hereto as Attachment “C”, and which may be amended from time to time.

Legal Services Agreement
Agreement No. 8069

b. If the firm is called upon to give testimony or produce documents in any legal or administrative proceeding which concerns City in any way, whether before or after the representation and rendition of legal services to City under this agreement terminates, City agrees to pay the Firm, at its then standard hourly rates, for its time in investigating, preparing for and in giving testimony and/or in producing documents and for all reasonable expenses incurred in connection with doing so.

15. Entire Agreement
This Agreement will constitute the full and complete
agreement and understanding of the parties and supersedes all prior agreements and all other written or oral statements of either party relating to its subject matter.

TO EFFECTUATE THIS AGREEMENT, the authorized
representatives of the parties have caused this Agreement to be executed as of the dates indicated below.

CITY OF PALMDALE JONES MAYER
_________________________ _________________________
Ronda Perez Richard D. Jones, Esq.

Interim City Manager
Attest:
_________________________
Shanae S. Smith
City Clerk
Approved as to form:
_________________________
William Curley III
Special Counsel
Legal Services Agreement
Agreement No. 8069

EXHIBIT “A”

RATE SCHEDULE
A. Identification.

Client: City of Palmdale
Matter: Any matters assigned by the City
B. Attorney Fees.

Hourly Rate for Interim City Attorney $255.00
Hourly Rate for other firm attorneys $235.00
Paralegals $125.00
C. Standard Charges.

Hourly rate will be billed in minimum units of one-tenth hours.

D. Costs and Expenses.

In-office photocopying $0.25/page
Mileage IRS prevailing mileage rates
Computerized Legal Research At vendor cost
Word Processing Varies
Postage At vendor cost
Courier and Air Freight Charges At vendor cost
Messenger Services At vendor cost
Title Report and/or Litigation Guarantee At vendor cost Notary At vendor cost
Court Photocopying At cost
Incoming or out-going Fax Charges $1.00/page
Conference Call Charges AT&T standard rates or equal
Travel Expenses At cost
Other reasonable costs At cost
E. Subject to Change.

The rates on this schedule are subject to change on thirty (30) days written notice and approval by the Palmdale City Manager (or City Council if required). If City declines to pay any increased rates, Firm will have the right to withdraw as Palmdale’s counsel.

EXHIBIT A - RESOLUTION NO. CC 2022-XXX

RECORDS MANAGEMENT PROGRAM

RECORDS RETENTION SCHEDULE
File Code Office of
Record Records Description Retention Image Citation Explanation/Comments 0100 ADMINISTRATION
0100 GENERAL ADMINISTRATION
0100-10 CM Administrative Instructions / Policies /
City Wide P Yes Permanent for research / historic value 0100-20 CC Goals / Objectives (City Strategic
Plans) City Wide P Yes Permanent for research / historic value 0110
0110-05 Dept Administration (may include
Correspondence / Memos) 2
0110-10 Dept Activity Reports 2
0110-15 Dept Administrative Reports / Monthly Status
Reports 2
0110-20 Dept Call Sheets / Emergency Cards 2 Copies only in departments - Office of Record for originals is HR
0110-25 Dept Complaints, General 2 AS 2 years after settled 0110-28 Dept Compliments, General 2
0110-30 Dept Goals / Objectives (Departmental) 2
0110-35 Dept Safety Meetings 2
0110-40 Dept Inventory 2 AS
2 years after superseded - Such as equipment
manuals, list of inventories, etc.
0110-45 Dept Safety Clothing / Uniform Issues 2
0110-50 Dept Service Requests / Work Orders 2
0110-55 Dept Staff Meeting Notices / Staff Meeting
Records 2
0110-60 Dept Staff Directories / Staffing Organization 2 0110-65 Dept Telephone & Delivery Logs 2
0110-70 Dept Vehicle Usage Information 2
0110-75 Dept Work / Vacation Schedules 2
0110-80 Dept Work Logs / Reports ( Daily) 2

DEPARTMENTAL ADMINISTRATION
Blue: New categories and subcategories
Red: Minor Modifications or dept. requested changes
Revised June 21, 2022

EXHIBIT A - RESOLUTION NO. CC 2022-XXX

RECORDS MANAGEMENT PROGRAM

RECORDS RETENTION SCHEDULE
File Code Office of
Record Records Description Retention Image Citation Explanation/Comments 0110-85 Dept Procedures (Departmental) 2
0110-86 Dept Surveys / Questionnaires 2 Administration / Public / Special Events, etc. 0110-87 Dept Routine video monitoring (includes
surveillance) 1 CC 34090.6
0110-95 Dept Regulations / Policies 2 AS 2 years after superseded 0112 GRANTS (Except CDBG Grants - see 0665)
0112-05 Dept Administration (may include
Correspondence / Memos) 2
0112-10 Dept Federal, State and County 7 AC
7 years after closed - State Guidelines - Refer
to grant application close-out procedure
0112-15 Dept
Other / Corporate / Private Foundations
/ Service Organizations, etc. 7 AC
7 years after closed - State Guidelines - Refer
to grant application close-out procedure
0112-20 Dept Unsuccessful 2 AC GC 34090(d) 2 years after closed - State Guidelines - Applications not entitled
0112-25 Dept Financial Records 7 AC
7 years after closed - State Guidelines - Refer
to grant application close-out procedure
0120 BOARDS / COMMISSIONS / COMMITTEES (NOT LISTED UNDER SECTIONS 0403 - 0424) 0120-05 Dept Administration (may include
Correspondence / Memos) 2
0120-10 CC Palmdale Aerospace Academy (PAA) 5 GC 34090(c); GC 40801
0120-30 CC Palmdale Regional Medical Center
Board of Governors 5 GC 34090(c);
GC 40801
0120-70 CC
Ad Hoc Committees; (Committee
formed for a specific task or
objective, and dissolved after the
completion of the task or
achievement of the objective)
5 GC 34090(c);
GC 40801
If Bylaws / Oaths of Office are created for
these committees - these documents do not
fall under this file plan section
Blue: New categories and subcategories
Red: Minor Modifications or dept. requested changes
Revised June 21, 2022