CC Minutes 04/19/2023
1 MINUTES
CITY COUNCIL
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
APRIL 19, 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.
*Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,
COUNCILMEMBERS BISHOP, LOA, OHLSEN
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen. ABSENT: Richard J. Loa.
Motion: Excuse the absence of Councilmember Loa.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.
Absent: Richard J. Loa.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4) 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.
5) PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
None.
A motion was made and carried unanimously to close the Public Comments.
6) CONSENT CALENDAR
6.1) Approve Agreement No. A-8314 with Smarte Carte Inc. to install 172 keyless lockers and two self-service payment kiosks at DryTown Water Park.
Mayor Pro Tem Alarcon pulled this item for discussion. Director of Parks and CC Minutes 04/19/2023
2 Recreation Smith presented the staff report. There was discussion among Council and staff regarding the cost of the lockers and the fiscal impact.
Mayor Bettencourt called for Public Comments.
Public Comments: None.
A motion was made and carried unanimously to close the Public Comments.
Motion: Approve Agreement No. A -8314 with Smarte Carte Inc. to install 172 keyless lockers and two self -service payment kiosks at DryTown Water Park with the exception of changing the rate for the lockers to $8, $10, and $12.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (3-1)
Yes: Andrea Alarcón, Austin Bishop, Eric Ohlsen.
No: Laura Bettencourt.
Absent: Richard J. Loa.
6.2) Approve First Amendment to Legal Services Agreement with Harper & Burns, LLP to increase the total amount of the Agreement by $220,000, to increase the not to exceed amount to $320,000 and amend the indemnity section.
6.3) Approve First Amendment to Legal Services Agreement with Jones & Mayer to increase the total amount of the Agreement by $302,000 not to exceed the sum of $402,000.
6.4) Notice of Completion - Accept Public Improvements for Circle K, located at 3851 East Palmdale Blvd.
6.5) Approve additional funds of $100,000 for Purchase Order No. 20230000 with Walsma Oil Company, Inc. for diesel and unleaded fuel, motor oil, and lubricants in an amount not to exceed $550,000.
6.6) Approve Purchase Order No. 20230495 with Plumber’s Depot for one (1) new GapVax MC1510-3S4S Combination Jet/Vacuum Truck, in an amount not to exceed $604,991.89.
6.7) Approve the first amendment to the employment agreement between the City of Palmdale and Michael Miller, Assistant City Manager (Agreement No. A- 7465).
6.8) Approve the minutes from the previous meetings.
CC - March 10, 2023
Motion: Approve all items as listed on the Consent Calendar except Item 6.1.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.
Absent: Richard J. Loa.
CC Minutes 04/19/2023
3 7) NEW BUSINESS
7.1) Adopt Resolution CC 2023-022, A Resolution of the City Council approving the Five-Year Public Art Work Plan for projects in the City of Palmdale in accordance with Chapter 15.01 of the Palmdale Municipal Code.
Director of Parks and Recreation Smith read the title of Resolution No. CC 2023-022. Public Art Program Manager Davis and Public Art Commissioner Sarno provided a detailed overview of the projects completed and future projects for the upcoming year.
There was discussion among Council and staff regarding a nimal art, small mural mentorship program, grant funding, artist selection process, City theme, aerospace cultural, public outreach, sustainability, and green art.
Mayor Bettencourt called for Public Comments.
The following individuals provided public input.
Jason Zink suggested art and history, the use of $1M in Measure AV funds for art projects, and an interactive map.
Chuck Murphy suggested directing funds to support the programs at the Playhouse.
Marcos Alvarez commented regarding offsetting graffiti by painting murals and art that reflects the community.
Mayor Bettencourt closed the Public Comments.
Motion: Adopt Resolution CC 2023-022, approving the Five-Year Public Art Work Plan for projects in the City of Palmdale in accordance with Chapter
15.01 of the Palmdale Municipal Code
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.
Absent: Richard J. Loa.
8) PUBLIC COMMENTS ON NON-AGENDA ITEMS
Jason Zink commented regarding horn noise, invitation of Board of Supervisors to the Antelope Valley, SNAP program, congratulated Mike Miller on his position, Emergency Center, and seniors.
Debbie Kosel spoke regarding the Walk on Words contest.
Eugene Hernandez commented on an assembly bill related to storage companies, food stamp program, and Cesar Chavez holiday.
Vicky Ventura thanked Council for the sponsorship of the Cesar Chavez event and suggested a sculpture.
Marcos Alvarez spoke regarding Cesar Chavez and future events.
CC Minutes 04/19/2023
4 Xavier Flores commented regarding a past Cesar Chavez event.
Chuck Murphy spoke regarding the Cesar Chavez event and suggested educating our children.
A motion was made and carried unanimously to close the Public Comments.
9) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
None.
Mayor Pro Tem Alarcon stated moving forward they will work in partnership to highlight the contributions of Cesar Chavez.
10) CITY MANAGER’S REPORT
City Manager Perez reported/announced the following:
• The City is working on the Parks Master Plan.
• A meet and greet was held with Sheriff Luna.
• Hosted several Park Watch meetings.
• A pet wellness clinic will be held at SAVES on April 30th. • The Supplemental Nutrition Assistance Program (SNAP) has concluded and there has been a 20% increase of SAVES services.
11) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Mayor Bettencourt opened the Public Comments.
Jason Zink commented regarding lawsuits.
Mayor Bettencourt closed the Public Comments.
12) PRESENTATION BY CITY ATTORNEY
12.1) 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).
12.2) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATIONMaithi 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).
CC
Minutes
04 /
19 /
2023
CONFERENCE
WITH
LEGAL
COUNSEL
—
EXISTING
LITIGATION
Ricky
Thorstensen
v
.
City
of
Palmdale
,
et
al
.
Los
Angeles
County
Superior
Court
Case
No
.
22 STCV
29463
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
1221
)
CONFERENCE
WITH
LEGAL
COUNSEL
-
EXISTING
LITIGATION
Kenya
Torres
vs
.
City
of
Palmdale
,
et
al
.
Los
Angeles
County
Superior
Court
Case
No
.
22 STCV
37041
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
124
)
CONFERENCE
WITH
LEGAL
COUNSEL
-
EXISTING
LITIGATION
Edman
Discua
v
.
City
of
Palmdale
,
et
al
.
Los
Angeles
Superior
Court
Case
No
.
21 STCV
45406
This
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
125
)
13 )
ANNOUNCEMENT
BY
CITY
ATTORNEY
Closed
Session
was
held
6 :
30 p
.
m
.
-
7 :
20 p
.
m
.
Interim
City
Attorney
Curley
confirmed
all
items
were
considered
,
Council
received
updates
on
the
cases
,
and
there
was
no
reportable
action
.
14 )
ADJOURN
Mayor
Bettencourt
adjourned
the
meeting
at
7 :
21 p
.
m
.
to
May
3 ,
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
.
I
CLU
/
L
^
L
Laura
Bettencourt
,
Mayor
ATTEST
/
Rochelle
Scott
,
Acting
City
Cle
5