CC Minutes 11/16/2022 5PM & 7PM
1 MINUTES
CITY COUNCIL
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
NOVEMBER 16, 2022
www.cityofpalmdale.org
5:00 P.M.
1) MAYOR TO CALL MEETINGS TO ORDER
Mayor Hofbauer called the meeting to order at 5:00 p.m.
2) ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS
CARRILLO, BISHOP, BETTENCOURT
PRESENT: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
ABSENT: Juan Carrillo.
Motion: Excuse the absence of Councilmember Carrillo.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Porter confirmed all items would be heard as listed.
4.1) 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
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).
CC Minutes 11/16/2022 5PM & 7PM
2 4.3) 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).
4.4) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code 54956.9(d)(2):
1 potential case
4.5) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
CV Communities, LLC et al. v. Antelope Valley East Kern Water Agency et al.
Los Angeles County Superior Court Case Nos. BC661107and 20STCV10953? 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
Marian K. Allen v. City of Palmdale
Los Angeles County Superior Court Case No. 21AVCV00824
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
Angela Lisa Thompson v. City of Palmdale
Los Angeles County Superior Court Case No. 22AVCV00437
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
5) ANNOUNCEMENT BY CITY ATTORNEY
Interim City Attorney Porter reported the City Council authorized the initiation of litigation in existing actions to authorize cross complaints, and the particulars will be disclosed to any person upon inquiry once the actions have been initiated
6) ADJOURN CLOSED SESSION MEETING
Mayor Hofbauer adjourned the meeting at 7:49 p.m.
7:00 P.M.
Mayor Hofbauer called the meeting to order at 7:50 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS
8) PRESENTATION
8.1) Mayor Hofbauer presented the MISAC Award of Achievement to the City of Palmdale Information Technology Division for their practices that have met or surpassed local government standards.
CC Minutes 11/16/2022 5PM & 7PM
3 9) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.
Moved by Richard J Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
10) PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC
HEARINGS)
Jason Zink commented in opposition to the sale of the property on Avenue M and 10th Street West (Item 11.2).
11) CONSENT CALENDAR
11.1) Approve First Amendment to Agreement between the City of Palmdale and Advantage Mailing, LLC for printing, bundling and delivery of the Palmdale News, Activities & Entertainment Magazine. (Staff Reference: Communication and Public Information Officer Lynch)
11.2) Approve Agreement with Hafrisco LLC and Tripod LLC, for a loan of $2,750,000 for acquisition of property located at the southeast corner of Avenue M and 10th Street West (APN 3128 -015-900 and 3128 -015-902). (Staff Reference: Director of Economic and Community Development Garibay)
Mayor Hofbauer pulled this item for discu ssion to provide clarification to Mr.
Zink. Director of Economic and Community Development Garibay provided clarification on the loan agreement. Discussion ensued between Council, staff and Murray Kane regarding the settlement agreement between the Success or Agency and the developer, extension of the escrow period, delay of issuance of State permits, contractual responsibility, and the Surplus Lands Act.
Motion: Approve Agreement with Hafrisco LLC and Tripod LLC, for a loan of $2,750,000 for acquisition of property located at the southeast corner of Avenue M and 10th Street West (APN 3128-015-900 and 3128-015-902).
Moved by Steven Hofbauer, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
11.3) Approve First Amendment to Legal Services Agreement with Burke Williams & Sorensen, LLP to amend the scope of services and to increase the total amount of the Agreement by $600,000, to increase the the not to exceed amount to $850,000 (Staff Reference: Interim City Attorney Porter)
11.4) Approve First Amendment to Legal Services Agreement with Bradley, Gmelich & Wellerstein, LLP to increase the total amount of the Agreement by $500,000, to increase the the not to exceed amount to $750,000. (Staff Reference: Interim City Attorney Porter)
CC Minutes 11/16/2022 5PM & 7PM
4 11.5) Approve Second Amendment to Legal Services Agreement with Kane, Ballmer & Berkman, LLC to increase the total amount of the Agreement by $200,000, to increase the the not to exceed amount to $650,000. (Staff Reference: Interim City Attorney Porter)
11.6) Adopt Resolution No. CC 2022 -120, a Resolution of the City Council of the City of Palmdale Making Legally Required Findings for Extending Remote Teleconference Participation for Meetings of the City Council and its Relatedand/or Subordinate Legislative Bodies. (Staff Reference: Interim City Attorney Porter)
11.7) Approve Purchase Order No. 20230047 with All -State Utility Supply, Inc. for the purchase of replacement streetlight poles and other related items in the amount of $144,468.84. (Staff Reference: Director of Public Works Glidden)
11.8) Approve additional funds of $69,000.00 on Purchase Order No. 20230013 with Vulcan Materials Company for as needed asphalt materials in an amount not to exceed $169,000.00. (Staff Reference: Director of Public Works Glidden)
Motion: Approve all items listed on the Consent Calendar with the exception of Item 11.2.
Moved by Richard J Loa, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Steven Hofbauer, Richard J Loa, Austin Bishop, Laura Bettencourt.
Absent: Juan Carrillo.
12) WORKSHOP PRESENTATION
12.1) Presentation to Council regarding Certificate in Applied Psychology Program (CAPP). (Staff Reference: Assistant to the City Manager Lopez)
Assistant to the City Manager Lopez provided a detailed presentation with updates on the Certificate in Applied Psychology Program (CAPP). Mr. Louis Alloro, facilitator of the first cohort of the CAPP program, shared results from the Antelope Valley survey completed in the first part of the program. Mayor Pro Tem Loa asked about the participants that were polled and the responses received. Mr. Alloro stated the polling was done through social media, print ads, radio, Facebook live, and one -thousand people responded. Mayor Hofbauer asked about measuring the success of the program, and Assistant to the City Manager Lopez stated there were impact projects that demonstrated the success of the program.
Laura Colfresh, Autumn Hicks, Dr. Anthony Roeback, Diana Gadd shared shared their experiences and the benefits from attending the CAPP program.
13) PUBLIC COMMENTS ON NON-AGENDA ITEMS
Councilmember Carrillo arrived at 8:57 p.m. and participated in the remainder of the meeting.
The following individuals provided public comments:
Juan Vasquez commented in support of roof top solar in Palmdale and encouraged Council to make it more accessible by automating the process for solar permits.