City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
1 MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5PM
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
APRIL 5, 2023
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETING TO ORDER
Mayor Bettencourt called the meeting to order at 5:00 p.m.
2) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
*Note: All City Council memberships are reflected in their City Council titles.
3) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,
COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA-
SAENZ, DENNY
PRESENT: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Phil Denny.
ABSENT: Andrea Alarcón.
4) PRESENTATIONS
4.1) Councilmember Ohlsen presented a Proclamation to Rosie Mainella declaring April 2023 as Child Abuse Awareness Month in the City of Palmdale. Ms.
Mainella announced that death rates are down by 73%.
4.2) Housing Coordinator Nichols presented the Proclamation declaring April 2023 as Fair Housing Month in the City of Palmdale. Ms. Chancela Al-Mansour, Executive Director of Housing Rights Center, accepted the proclamation and spoke regarding housing discrimination.
4.3) Councilmember Bishop presented a Proclamation to Karma Rescue declaring April 2023 as Prevention of Cruelty to Animals Month in the City of Palmdale.
4.4) Councilmember Loa, Councilmember Bishop and a representative from Assemblyman Carrillo’s office presented Commendations to outgoing Planning Commissioners Marcos Alvarez and Christina Fraga-Saenz.
5) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)
A motion was made and carried unanimously to waive the full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.
City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
2 6) PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
The following individuals provided public input:
Steve Angebrandt and Sandy Corrales spoke in opposition to the approval of Item
8.2 Eugene Hernandez commented regarding the lack of bus benches in Palmdale.
Mayor Bettencourt requested a list of bus stops without benches.
Marsha Furman spoke regarding the use of Measure AV funds.
Jason Zink commented regarding public comment section, and the use of Measure AV funds.
A motion was made and carried unanimously to close the Public Comments.
7) JOINT CONSENT CALENDAR CC/SA/HA/IDA/PAA/PCA/PFA
7.1) Receive and file the Annual Comprehensive Financial Reports for the Year Ended June 30, 2022, for the City of Palmdale, the Housing Authority of the City of Palmdale, the Palmdale Civic Authority, the Palmdale Financing Authority, and the Palmdale Community Foundation. (Staff reference: Director of Finance Samson)
7.2) Approve the minutes from the previous meetings.
HA - February 1, 2023
HA - February 15, 2023
CC/SA/HA/IDA/PAA/PCA/PFA - March 1, 2023
Motion: Approve all items listed on the Joint Consent Calendar.
Moved by Laura Bettencourt, seconded by Christina Fraga-Saenz.
Vote: Motion carried (6-0)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Phil Denny.
Absent: Andrea Alarcón.
Mayor Bettencourt adjourned the Housing Authority meeting at 5:37 pm.
Mayor Pro Tem Alarcón arrived at 5:38 p.m. and was able to participate in the remainder of the meeting.
8) CONSENT CALENDAR
8.1) Receive and file the Monthly Investment Reports for February 2023.
8.2) Ratify the approval of the Memorandum of Understanding between the City of Palmdale and the Antelope Valley Fair Authority defining the City’s benefits resulting from the City’s financial contribution to the Multi -Agency Regional Resiliency Center (MARRC).
City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
3 Councilmember Ohlsen pulled this item for discussion.
Councilmember Bishop recused himself from this item.
City Manager Perez presented a detailed overview of this item. Dan Jacobs, Chief Executive Officer of the Antelope Valley Fair, gave a PowerPoint presentation. There was discussion among Council, staff and Mr. Jacob's regarding the timeframe on the amendment to add a seat for Palmdale and the County on the JPA, and the status of the request for and America Rescue Plan Act (ARPA) opinion on the funding for the Multi -Agency Regional Resiliency Center (MARRC). Interim City Attorney provided clarification on the timeline for an ARPA response.
Motion: Ratify the approval of the Memorandum of Understanding between the City of Palmdale and the Antelope Valley Fair defining the City's benefits resulting from the City's financial contribution to the Multi -Agency Regional Resiliency Center (MARRC) contingent upon it being approved as an expenditure under ARPA and that the State of California sign off on the City of Palmdale having a seat on the Joint Powers Authority.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Interim City Attorney Curley asked Mr. Jacobs of the AV Fair if they were amenable to the revised motion, and if Mr. Jacobs could speak on behalf of the AV Fair. Mr. Jacobs confirmed he had the authority to speak on behalf of the AV Fair and that they were amenable to waiting while these issues were sorted out.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Richard J. Loa, Eric Ohlsen.
Councilmember Bishop returned to the dais.
8.3) Summary of Annual Housing Element Progress Report.
8.4) Award Agreement with Tangram Interiors in the amount, not to exceed $325,000, for purchase and installation of furniture associated with the Code Enforcement and Public Safety relocation to the Aero Institute Building.
Mayor Bettencourt pulled this item for discussion. Director of Public Works Glidden provided c larification regarding the purchase of new furniture. There was Council and staff discussion regarding the hiring of Code Enforcement Officers and future office space.
Motion: Award Agreement with Tangram Interiors in the amount, not to exceed $325,000, for purchase and installation of furniture associated with the Code Enforcement and Public Safety relocation to the Aero Institute Building Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
4 8.5) Approve additional funds of $84,323.37 for Purchase Order No. 20230423, with Servpro of Palmdale North, dba P&C Restoration Cleaning Corp. for emergency clean up services for the Chimbole Cultural Center in the amount not to exceed $304,324.
Councilmember Bishop pulled this item and recused himself.
Motion: Approve additional funds of $84,323.37 for Purchase Order No. 20230423, with Servpro of Palmdale North, dba P&C Restoration Cleaning Corp. for emergency clean up services for the Chimbole Cultural Center in the amount not to exceed $304,324.
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Councilmember Bishop returned to the dais.
8.6) Approve proposal to amend the 2019 -2020 Action Plan to reprogram Community Development Block Grant COVID (CDBG -CV) funds, review and approve budget adjustments to SAVES CDBG and SAVES CDBG-CV budgets, and decrease SAVES CDBG budget.
Mayor Pro Tem Alarcón pulled this item for discussion. Management Analyst I Bartlett provided a brief overview of this item. There was Council and staff discussion regarding the Mortgage Assistance Program, COVID relief funds, outreach to the public, and justification for reprogramming of funds.
Motion: Approve proposal to amend the 2019 -2020 Action Plan to reprogram Community Development Block Grant COVID (CDBG -CV) funds, review and approve budget adjustments to SAVES CDBG and SAVES CDBG-CV budgets, and decrease SAVES CDBG budget.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
8.7) Award construction agreement with SOV Security, for PN 872, Citywide Security Infrastructure Project, at the City facilities, including City Hall, Palmdale Transportation Cente r, Palmdale Playhouse, and the Maintenance Yard, in the amount not to exceed $973,833 and determine this project is to be exempt from CEQA.
Mayor Bettencourt pulled this item for discussion. Director of Public Works Glidden provided a brief staff report. There was discussion regarding the number of crimes and selection of locations for Phase 1. Information Technology Manager Thompson stated G4S assessed the locations and set the priorities for security. City Manager Perez stated the sites were identified based on the traffic and the amount of children that attend the Playhouse City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
5 performances. There was further discussion among Council and staff regarding security systems, public safety, change order to contract, fast- tracking of Phase 2, and timeline for Phase 1.
Motion: Award construction agreement with SOV Security, for PN 872, Citywide Security Infrastructure Project, at the City facilities, including City Hall, Palmdale Transportation Center, Palmdale Playhouse, and the Maintenance Yard, in the amount not to exceed $973,833
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
8.8) Adopt Resolution No. CC 2023 -023, a Resolution of the City Council of the City of Palmdale authorizing the execution of a Surety Bond to meet the financial security requirement for energy for Palmdale’s Independent Choice.
Motion: Approve all items listed on the Consent Calendar with the exception of Items 8.2, 8.4, 8.5, 8.6, and 8.7.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen,
9) APPOINTMENTS
9.1) City Council Nomination and Appointment of seven (7) Members and one (1) Alternate to the Human Rights Advisory Committee.
Acting City Clerk Scott provided the process for selecting the members of the Human Right Advisory Committee.
Motion: Appoint the following individuals to the Human Rights Advisory Committee: Marcos Alvarez, Sky Jung, Margaret Hicks, Rudolpho Perez II, Covel Jenkins, Xavier Flores, Jovan Hicks, and Elizabeth Henriquez (Alternate).
Moved by Richard J. Loa, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
10) NEW BUSINESS
10.1) Discussion and possible action regarding Animal Care and Control Operations.
City Manager Perez provided a brief overview of this item.
Mayor Bettencourt called for Public Comments.
The following individuals provided public inputs:
City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
6 Jason Zink encouraged the City to increase the budget for Animal Care an d Control.
Rosie Mainella commented regarding showcasing pets.
There was discussion among Council and staff regarding cost of services, showcasing pets, reduced hours at the shelter, kill rates, preventative measures, reduced services, non -profit options, outreach, feasibility study, and increase of operating hours.
City Manager Perez requested thirty (30) days to come back with options to facilitate more of a rescue approach to augment Animal Care and Control services. Councilmember Bishop suggested pul ling the four -hundred thousand allocated in the mid -year budget. City Manager Perez stated if the bill is not paid, City services will cease. Mayor Pro Tem Alarcón directed Interim City Attorney Curley to take a look at who is legally responsible for the p rovision of the specified services and scope of work in the County contract.
11) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following indviduals provided public input
Corbin Ingram asked about the status of the local airport. City Manager Perez provided an update on the local airport.
Peter Denning, Cub Scout, asked the Councilmembers their profession.
Eugene Hernandez commented regarding celebrating the Latino community.
Jason Zink spoke regarding crime, film, art and technology academy, free basic cable and internet for senior citizens, American flags, addition of community groups added to website, water, animal control, and the emergency center.
Marsha Furman commented regarding food trucks at events and ADA compliance, Measure AV information on the website, and Joint Recreation Center.
Steve Hill spoke regarding the settlement agreement with the Department of Justice and law enforcement.
A motion was made and carried unanimously to close Public Comments.
12) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
12.1) 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
City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
7 • 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
• UNITED STATES/MEXICO SISTER CITIES ASSOCIATION
• CALIFORNIA STATE PRISON – LOS ANGELES COUNTY, CITIZENS
ADVISORY COMMITTEE
Councilmember Loa attended/reported the following:
• Cesar Chavez event on March 25th at Domenic Massari Park • Sheriff's Boosters meeting
• Spanish Radio program on March 1st
• Hispanic Chamber 26th Annual Installation Gala on March 3rd • AV Rural Museum on March 4th;
• Meeting with Executive Directors of the Antelope Valley Fair and Supervisor Barger regarding implementation of a regional facility
• Ribbon cutting at the AV Rural Museum
• Zoning Ordinance meeting with developers regarding drive thru fast facilities • County Sanitation District meeting
• Public Safety Forum at Legacy Commons; and
• Briefing on vending Ordinance; reported on meetings with legislators regarding the resiliency center
Councilmember Bishop attended/reported the following:
• Palmdale Community Clean-up day on March 25th
• AVAQMD grant money for businesses
• Palmdale Recycled Water Authority (PRWA) is moving efforts from recycled water to potable water
• Home for Families Builders Ball on March 10th
• Council retreat on March 10th
• AV Rural Museum
• Attended Nothing Bundt Cakes grand opening.
Councilmember Ohlsen reported/attended the following:
• Participated in the Read Across America event
• Attended Vets for Veterans support dinner and Welcome Home Veteran Ceremony
• Attended the Cesar Chavez Day event.
Mayor Pro Tem Alarcón reported:
• Meetings were held with California U.S. Senators, and Representatives to discuss appropriations for an Emergency Operation Center and transportation projects.
12.2) MEETINGS ATTENDED AT PUBLIC EXPENSE
13) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
None.
City Council/SA/HA/IDA/PAA/PCA/PFA - 04/05/2023 - 5pm
8 14) CITY MANAGER’S REPORT
City Manager Perez reported/announced the following:
• Nothing Bundt Cakes donated $1400 to SAVES.
• Kicking off the Fentanyl Awareness Campaign in the community • Presented Council with photos of the utility raps
• Announced the promotion of Sara Gallagher and Nardy Lopez to Deputy City Manager
15) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Jason Zink commented regarding acquisition of property, lawsuits, real estate signs, and Measure AV funds.
There was further discussion among Council regarding real estate signs.
16) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Curley spoke regarding public comments that were made.
Interim City Attorney confirmed items would be heard as listed and stated the address for Item 16.6 should be 838 E. Palmdale Boulevard.
16.1) 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).
16.2) 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).
16.3) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Ricky Thorstensen v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
16.4) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Kenya Torres vs. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV37041
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
16.5) PUBLIC EMPLOYMENT
Title: City Attorney
City
Council
/
SA
/
HA
/
l
DA
/
PAA
/
PCA
/
PFA
-
04 /
05 /
2023
-
5 pm
16.6 )
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
Property
:
828
E
.
Palmdale
Blvd
.
(
APN
:
3009
-
015
-
001
)
Agency
Negotiator
for
the
City
:
Ronda
Perez
,
City
Manager
and
Mike
Miller
Assistant
City
Manager
Negotiating
parties
:
Pat
Hunt
Under
negotiations
is
both
price
and
terms
17 )
ANNOUNCEMENT
BY
CITY
ATTORNEY
Interim
City
Attorney
announced
Council
was
updated
on
all
items
and
there
were
no
reportable
actions
.
18 )
ADJOURN
Mayor
Bettencourt
adjourned
the
meeting
at
9 :
30 p
.
m
.
,
in
honor
of
the
victims
in
Nashville
,
Tennessee
,
to
April
19 ,
2023
at
5 :
00 p
.
m
.
in
the
City
Hall
Council
Chamber
located
at
38300
Sierra
Highway
,
Suite
B
,
Palmdale
,
California
.
PASSED
,
APPROVED
,
and
ADOPTED
this
3 rd
day
of
May
2023
.
/
£
Laura
Bettencourt
,
Mayor
ATTEST
:
Rochelle
Scott
,
Acting
City
Clerk
9