09/07/2022 Minutes CC/SA/HA 5:00 & 7:00 PM
1 MINUTES
CITY COUNCIL/SA/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
SEPTEMBER 7, 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, Austin Bishop, Laura Bettencourt.
ABSENT: Steven Hofbauer.
Motion: Excuse the absence of Mayor Hofbauer. 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.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
4) PRESENTATION BY CITY ATTORNEY
4.1) 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).
4.2) 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).
4.3) 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
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2 4.4) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code 54956.9(d)(2):
2 potential cases
4.5) CONFERENCE WITH LABOR NEGOTIATORS
City Representatives: Ronda Perez, Interim City Manager and Patricia Nevarez, Human Resources Manager
Position: Interim City Attorney
Unrepresented Employee: Scott Porter, Interim City Attorney
This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6.
5) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Attorney Porter announced there was no reportable action.
6) ADJOURN CLOSED SESSION MEETING
Mayor Pro Tem Loa adjourned the Closed Session meeting at 7:29 p.m.
7:00 P.M.
Mayor Pro Tem Loa called the meeting to order at 7:30 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
Commissioner Fraga-Saenz led the pledge of allegiance.
8) PRESENTATIONS
8.1) Mayor Pro Tem Loa presented the cute critter available for adoption at the Palmdale Animal Care Center.
8.2) Mayor Pro Tem Loa and Jorge Ventura of Ventura Graphix presented Certificates of Recognition and awards to the Taco Festival winners.
8.3) Mayor Pro Tem Loa presented a Proclamation to Public Safety Specialist Briseno declaring September 2022 as National Preparedness Month in the City of Palmdale.
8.4) Mayor Pro Tem Loa presented a Proclamation to Jacqueline Diaz -Fontana of the Erick A Garcia "You Are Enough" Foundation declaring September 2022 as Suicide Prevention Month i n the City of Palmdale. Ms. Diaz -Fontana announced a Mental Health Walk on October 1, 2022 in Poncitlan Square from 8am to 1pm.
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3 8.5) Mayor Pro Tem Loa presented a Commendation to Charles "Chuck" Heffernan, P.E. in honor of his retirement from the City of Palmdale.
9) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)
Motion: Move to waive full reading of Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.
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.
10) PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC
HEARINGS)
The following individual provided public comment:
Eugene Hernandez commented on deaths, outreach, and distribution of water to the homeless population.
A motion was made and carried unanimously to close the Public Comments.
ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR LOA,
COUNCILMEMBERS/DIRECTOR/COMMISSIONERS C ARRILLO, BISHOP,
BETTENCOURT COMMISSIONERS FRAGA-SAENZ, DENNY
PRESENT: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
ABSENT: Steven Hofbauer.
11) HOUSING AUTHORITY CONSENT CALENDAR
1 1 . 1 ) Adopt Resolution HA 2022 -004, a resolution of the Housing Authority of the City of Palmdale, repealing Resolution 2022 -003 and amending agreement 07-IIG-4212 with the State of California Department of Housing and Community Development for the Proposition 1 -C Infill Infrastructure Grant Program. (Staff Reference: Director Neighborhood Services Miller - Presented by Housing Coordinator Nichols)
1 1 . 2 ) Approve the Housing Authority of the City of Palmdale’s 2021 -2022 Annual Report prepared per Health and Safety Code Section 34328 and 34328.1; and Authorize the Executive Director of their designee to submit the report to the State of California Department of Housing and Community Development. (Staff Reference: Director Neighborhood Services Miller - Presented by Housing Coordinator Nichols)
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4 1 1 . 3 ) Approve the minutes from the previous meetings. (Staff Reference: Deputy City Clerk Scott)
HA - June 29, 2022
HA - July 13, 2022
HA - July 20, 2022
Motion: Approve all items as listed on the Consent Calendar.
Moved by Austin Bishop, seconded by Christina-Fraga-Saenz.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt, Christina Fraga-Saenz, Phil Denny.
Absent: Steven Hofbauer.
Mayor Pro Tem Loa adjourned the Housing Authority meeting at 8:09 p.m.
12) CONSENT CALENDAR
12.1) Receive and file the Monthly Investment A ctivity Reports for July 2022. (Staff Reference: Director of Finance Samson)
12.2) Approve Final Parcel Map No. 83189 located at Pearblossom Hwy and 52nd Street East. (Staff Reference: Director of Public Works Heffernan)
12.3) Approve Purchase Order No. 20230016 with Plumber’s Depot for One (1) New GapVax MC1510-3S4S Combination Jet/Vacuum Truck in an amount not to exceed $549,945.72. (Staff Reference: Director of Public Works Heffernan)
12.4) Approve Purchase Order No. 20230045 with Nixon -Egli Equipment Co. for One (1) New Maintainer MTS -1-084 Service Truck in an amount not to exceed $169,237.72. (Staff Reference: Director of Public Works Heffernan)
12.5) Approve Purchase Order No. 20230046 with National Auto Fleet Group for One (1) Roadline Model GPMT Graffiti Removal Truck in an amount not to exceed $158,774.26. (Staff Reference: Director of Public Works Heffernan)
12.6) Award construction agreement with R .C. Becker and Son, Inc., for PN 800, Avenue R & 45th Street East Traffic Signal and Roadway Improvements Project, in the amount of $1,230,049.93 for a term of 90 working days from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)
12.7) 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. (Staff Reference: Director of Economic and Community Development Garibay)
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5 12.8) Adopt Resolution No. CC 2022 -098, a Resolution of the City Council of the City of Palmdale Making Legally Required Findings fo r Extending Remote Teleconference Participation for Meetings of the City Council and its Related and/or Subordinate Legislative Bodies. (Staff Reference: Acting City Attorney Porter)
12.9) 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. (Staff Reference: Director of Neighborhood Services Miller - Presented by Housing Coordinator Nichols)
Councilmember Bishop pulled this item, recused himself and stepped away from the dais. Discussion ensued regarding domestic violence and support of Valley Oasis.
Motion: Approve Fourth Amendment to the Agreement with Antelope Valley Domestic Violence Coun cil 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.
Moved by Juan Carrillo, seconded by Laura Bettencourt.
Vote: Motion carried (3-0)
Yes: Richard J Loa, Juan Carrillo, Laura Bettencourt.
Absent: Steven Hofbauer.
12.10) Adopt Resolution No. CC 2022 -095, a Resolution of the City Council of the City of Palmdale Amending the City’s General Positions Classification and Pay Plan. (Staff Reference: Human Resource Manager Nevarez)
12.11) Approve the minutes from the previous meetings. (Staff Reference: Deputy City Clerk Scott)
CC/SA/IDA/PAA/PCA/PFA - June 29, 2022
CC/SA - July 13, 2022
CC - July 20, 2022
Motion: Approve all items listed on the Consent Calendar except for Item 12.9.
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.
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6 13) PUBLIC HEARING
13.1) Public Hearing to hear public comments 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 of 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. (Staff Reference: Director Neighborhood Services Miller - Presented by Housing Coordinator Nichols)
Housing Coordinator Nichols provided a brief overview of the staff report.
Mayor Pro Tem Loa opened the Public Hearing.
The following individuals provided public input:
Jason Zink commented regarding forming a Housing and Urban Development (HUD) district for the Antelope Valley.
Eugene Hernandez provided information regarding Operation Home Key.
A motion was made and carried unanimously to close the Public Hearing.
Mayor Pro Tem Loa asked about the allocation of funds and public outreach for the Business Assistance and Rental Assistance programs. Economic and Community Development Director Garibay and Director of Neighborhood Services Miller stated funds are restricted and it is difficult to find those that meet the qualifications. Discus sion ensued regarding mental health, winter shelters, and cooling centers.
Motion: Approve the recommendations and findings as listed in the staff report. 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.
14) APPOINTMENTS
14.1) Approve Appointment to Fill a Vacancy on the Mobile Home Park Rental Review Board. (Staff Reference: Deputy City Clerk Scott)
Deputy City Clerk Scott provided a brief overview of the staff report.
Motion: Appoint Michael Friedlander to the Mobile Home Park Rental Review Board for the remainder of a two-year term to expire on June 30,2023.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J Loa, Juan Carrillo, Austin Bishop, Laura Bettencourt.
Absent: Steven Hofbauer.
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7 14.2) Discussion and direction regarding the appointment to The Palmdale Aerospace Academy Board of Directors. (Staff Reference: Deputy City Clerk Faber)
Motion: Appoint David Lujan to The Palmdale Aerospace Academy Board of Directors for a new three (3) year term to expire on July 31, 2025.
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.
15) NEW BUSINESS
15.1) Approve the Agreement between the City of Palmdale and Jones & Mayer for Interim City Attorney services. (Staff Reference: Interim City Manager Perez)
Interim City Manager Perez provided a brief overview of the staff report.
Motion: Approve the Agreement between the City of Palmdale and Jones & Mayer for Interim City Attorney services.
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.
15.2) Discussion and possible action to consider an adjustment to board, committee, and commission stipends for the various appointed standing positions.
Interim City Manager Perez provided a brief overview on this item.
Discussion ensued regarding stipends for boards, committees, and commissions. Councilmember Carrillo suggested $250 for the stipend to boards, committees, and commissions . Council directed staff to provide a full analysis of the positions that are and are not currently being paid and the paid compensation that is being considered.
15.3) Discussion regarding opioid addiction and the overdose epidemic.
Mayor Pro Tem Loa provided a brief overview of this item. Council directed staff to bring back information on a possible Public Service Announcement Campaign informing families on how to identify the use of opioids. Captain Shaffer provided Council with information on opioid overdoses.
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8 15.4) Discussion regarding High School safety protocols.
Mayor Pro Tem Loa provided a brief overview of this item. Captain Shaffer provided information regarding the Highland H igh School incident and the Sheriff's Department protocols.
Councilmember Bettencourt excused herself from the meeting at 8:56 p.m.
15.5) Discussion of potential action regarding the public survey results for the City Council meeting day and time.
Interim City Manager Perez provided Council with the results of the community survey for the City Council meeting day and time. There was Council consensus to keep the meeting day and time as is.
16) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public comments:
Jason Zink commented regarding meeting times, opioids, and other miscellaneous items.
Eugene Hernandez expressed his views regarding representation of citizens in District 3.
Aaron Howard, Haulers Against Illegal Dumping (H.A.I.D.), provided information regarding illegal dumping and non-licensed haulers.
Willie P. Lemon, Lemon's AV Hauling, spoke in favor of the Sheriff's Department.
David Harris thanked Council for supporting the New Colors Project Gala.
Marcos Alvarez shared comments regarding mental health and the contributing factors.
Claudia Perez expressed concerns regarding code enforcement and homeless encampments.
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 -
Councilmember Bishop reported Desert Haven Enterprises Inc. was awarded grant funds for electrical equipment.
• ANTELOPE VALLEY TRANSIT AUTHORITY - Mayor Pro Tem Loa reported the AVTA is working hard to provide transportation to those people in need throughout the Antelope Valley.
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9 • LOS ANGELES COUNTY SANITATION DISTRICT - Mayor Pro Tem Loa reported he attended the meeting.
• PALMDALE RECYCLED WATER AUTHORITY - Councilmember Bishop reported the Authority is working on the 10th Anniversary event. • SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
REGIONAL COUNCIL - Councilmember Carrillo attended the SCAG meeting and reported there was a presentation made in memory of Supervisor Carmen Ramirez. M ayor Pro Tem Loa attended the SCAG transportation meeting online and received several reports.
Councilmember Bishop attended the concerts and fireworks show at the Palmdale Amphitheatre ; meetings on general plan updates; City of Palmdale 60th Birthday Par ty at Domenic Massari Park, and the installation at Air Force Plant 42 for the new commander.
Councilmember Carrillo attended concerts and the fireworks show at the Palmdale Amphitheatre.
Mayor Pro Tem Loa attended the State of the City event; Spanish Talk radio on August 3 rd; meeting with Los Angeles County Department of Mental Health to discuss allocation of city funds; Rancho Vista Park ribbon cutting; general plan update meetings; City of Palmdale 60th Birthday at Domenic Massari Park; Art Exhibit at Legacy Commons on August 26th; and Dining with a Deputy at La Palma Restaurant.
17.2) MEETINGS ATTENDED AT PUBLIC EXPENSE
18) CITY MANAGER’S REPORT
Interim City Manager Perez stated there was no report.
19) CITY COUNCIL REQUESTS FOR NEW AGENDA ITEMS
Councilmember Carrillo requested a follow up on the pre -approved Accessory Dwelling Unit (ADU) designs and a schedule for the install of grass at Yellen Park.