CC/SA Minutes 05/03/2023 5pm
1 MINUTES
CITY COUNCIL/SA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
MAY 3, 2023
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETING TO ORDER
Mayor Bettencourt called the meeting to order at 5:02 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, Eric Ohlsen, Richard J. Loa.
ABSENT: Austin Bishop.
Motion: Excuse the absence of Councilmember Bishop.
Moved by Laura Bettencourt, seconded by Eric Ohlsen.
Mayor Pro Tem Alarcón participated via Zoom.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Mr. Tortolano led the pledge of allegiance.
4) PRESENTATIONS
4.1) Mayor Bettencourt and Councilmember Ohlsen presented a Commendation to Mr. Tortolano naming him City of Palmdale’s Veteran of the Year.
5) 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 Eric Ohlsen.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent: Austin Bishop.
CC/SA Minutes 05/03/2023 5pm
2 6) PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
Jason Zink spoke regarding Items 7.3, 7.4, and 7.5
A motion was made and carried unanimously to close the Public Comments.
7) CONSENT CALENDAR
7.1) Receive and File the Monthly and Quarterly Investment Activity for March 2023.
7.2) Approve Agreement with Eide Bailly, LLP. for Auditing Services in the amount of $960,000, for a five (5) year term through June 30, 2028.
Mayor Pro Tem Alarcón pulled this item for discussion. Director of Finance Samson presented the staff report. Mayor Pro Tem Alarcón commended staff.
Motion: Approve Agreement with Eide Bailly, LLP. for Auditing Services in the amount of $960,000, for a five (5) year term through June 30, 2028.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent: Austin Bishop.
7.3) Approve First Amendment to Legal Services Agreement with Civica Law Group, APC (A-8272) to increase the total amount of the Agreement by $500,000 not to exceed the sum of $600,000.
Councilmember Loa pulled this item for discussion. Interim City Attorney Curley provided a brief overview of this item. Discussion ensued among Council and staff regarding the amount of the contract and quality of life.
Motion: Approve First Amendment to Legal Services Agreement with Civica Law Group, APC (A-8272) to increase the total amount of the Agreement by
$500,000 not to exceed the sum of $600,000.
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent: Austin Bishop.
7.4) Adopt Resolution No. CC 2023 -024, a Resolution of the City Council of the City of Palmdale directing the preparation of the Engineer’s Report for the continuation of the annual levy of assessments and designating the Engineer of Work for the City of Palmdale Drainage Benefit Assessment Districts No. 1, and No. 2006-02.
7.5) Adopt Resolution No. CC 2023 -025, a Resolution of the City Council of the City of Palmdale directing the preparation of the annual Engineer’s Reports for the continuation of the annual levy of assessments and designating the CC/SA Minutes 05/03/2023 5pm
3 Engineer of Work for fiscal year 2023/2024 for the City of Palmdale Landscape Mainte nance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.
7.6) Approve Purchase Order No. 20230522 with Nixon-Egli Equipment Company for One(1) New JAJ-600WH Easement Machine in an amount not to exceed $114,109.
7.7) Approve the transfer of SB 1: Funds, The Road Repair and Accountability Act (RMRA) of 2017, from Account No. S0025210, Pavement Resurfacing to Account No. S0062210, County Pavement Projects, in the amount of $1,235,000.
7.8) Approve the minutes from the previous meetings.
Motion: Approve all items listed on the Consent Calender with the exception of Items
7.2 and 7.3.
Moved by Laura Bettencourt, seconded by Andrea Alarcón.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent: Austin Bishop.
8) PUBLIC HEARING
8.1) Introduction and Adoption of Ordinance No. 1610, an Ordinance of the City Council of the City of Palmdale, amending Ordinance U -1582; as it amended Palmdale Municipal Code Section 16.40.120 to increase the initial term of Tentative Maps by two years, and t o increase the term of certain phased Tentative Maps by one additional two-year period.
Interim City Attorney Curley provided a brief overview of the item.
Councilmember Loa asked about future extensions and Interim City Attorney Curley stated future extensions are not prohibited.
Mayor Bettencourt opened the Public Comments.
Jason Zink spoke in support of this item.
Mayor Bettencourt closed the Public Comments.
Mayor Bettencourt read the title of Ordinance No. 1610.
Motion: Introduce and adopt Ordinance No. 1610.
Moved by Laura Bettencourt, seconded by Richard J. Loa.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent:Austin Bishop.
CC/SA Minutes 05/03/2023 5pm
4 8.2) Public Hearing to hear public comments on the Draft 2023 -2024 Action Plan Programming estimated $2,650,709 in Consolidated Plan funds; review, approve, and submit the 2023 -2024 Action Plan; and execute documents related to the submission of the Action Plan, and Sub-Recipient agreements.
Management Analyst I Bartlett provided a brief overview of the item.
Mayor Bettencourt called for Public Comments.
Jason Zink commented regarding the Action Plan and assistance for seniors.
Mayor Bettencourt closed the Public Comments.
Motion: Approve the findings and recommendations as listed on the staff report.
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent: Austin Bishop.
8.3) Public Hearing to review the Substantial Amendment to the 2022 -2023 Annual Action Plan, the proposed Section 108 application and the expenditure of Community Development Block Grant (CDBG) Funds; receive public comment in compliance with the requirements of the U.S. Department of Housing and Urban Development (HUD) and the City’s Citizen Participation Plan; approve the Substantial Amendment to the 202 2-2023 Action Plan; and adopt Resolution No. CC 2023 -021, a resolution of the City Council of the City of Palmdale, authorizing the City manager or their designee to submit the Section 108 Loan Guarantee Application to the United States Department of Housing and Urban Development for a $6,000,000 Loan for SAVES Facility Improvements.
Mayor Bettencourt opened the Public Comments.
Jason Zink spoke regarding assistance for seniors.
Mayor Pro Tem Alarcón stated Council is lobbying the elected officials at the State and Federal level for funding.
Interim City Attorney Curley provided clarification regarding use of funding.
Mayor Bettencourt closed the Public Comments.
Director of Neighborhood Services Reyes read the title of Resolution No. CC 2023-021 and provided a detailed overview of the project.
There was Council discussion regarding the expansion of the SAVES facility.
Motion: Adopt Resolution No. CC 2023-021, and approve the findings and recommendations as listed on the staff report.
Moved by Laura Bettencourt, seconded by Andrea Alarcón.
CC/SA Minutes 05/03/2023 5pm
5 Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Eric Ohlsen, Richard J. Loa.
Absent: Austin Bishop.
9) APPOINTMENT(S)
9.1) City Council Nomination and Appointment of seven (7) Members and seven (7) Alternates to the Measure AV Oversight Committee.
Item 9.1 was continued to the May 17, 2023 meeting.
10) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public input:
Mario Presents commented regarding the conduct of elected officials and safety within our City.
Jason Zink commented regarding the SAVES project, IRS jobs, and property zoning.
Marsha Furman commented regarding the new location for SAVES and unsafe traffic, and the enforcement of the public comment time limit for public comments.
Marcos Alvarez and Xavier Flores spoke regarding the history of Cinco De Mayo.
Mayor Bettencourt closed the Public Comments.
11) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
Councilmember Loa attended the following: Sheriff's Booster Board of Directors meeting; SCAG Transportation Committee meeting; meeting with Sheriff Luna; Parks Master Plan meetings; Sanitation District 14 & 20 meeting; North County Transportation Committee meeting; Poppy Festival; Assemblyman Carrillo’s ribbon cutting; Vos Pupusas ribbon cutting; Knights of Columbus 100th Anniversary; Los Amigos De La Feria event; AVTA Board meeting; North County Unmet Needs meeting; and Press Conference and tour regarding Antelope Valley infrastructure.
Mayor Pro Tem Alarcón attended the following: League of California Cities Mayors and City Council Members Round Table Discussion; and City and County of Los Angeles fentanyl awareness event at Domenic Massari Park.
Councilmember Ohlsen attended/reported the following: attended the Unmet Needs hearing; the Antelope Valley Transit Authority secured almost $6M in grants to create a line between the Antelope Valley and Victor Valley; the High Desert Corridor Joint Powers Authority meeting received $8M from the State of California; and attended the North Los Angeles Transportation Coalition meeting.
CC/SA Minutes 05/03/2023 5pm
6 12) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
Councilmember Loa requested a future agenda item regarding the acquisition of Palmdale Boulevard. Mayor Pro Tem Alarcón stated she is working to meet with the leadership at Caltrans.
Mayor Pro Tem Alarcón requested a report on the following: Feasibility of establishing a Veterans Emergency Needs Fund ; and conducting a needs assessment survey regarding the proposed center for transportation excellence (infrastructure).
13) CITY MANAGER’S REPORT
City Manager Perez announced the following: The Veterans Emergency Needs Fund will be built into the budget; Celebration of National Day of Prayer would be held on May 4th; Inkwell Book and Art Festival would be held on May 6th; The Cinco De Mayo Festival would be held at Oasis Park on May 5th; High Desert Beer and Wine festival would be held on May 6th at Marie Kerr Park in the amphitheater; The fentanyl community event was held on April 29th; and a fentanyl event would be held on May 9th where the students who participated in the fentanyl awareness contest would be recognized.
14) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
15) PRESENTATION BY CITY ATTORNEY
15.1) 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).
15.2) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Maithi 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).
15.3) 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).
CC
/
SA
Minutes
05 /
03 /
2023
5 pm
15.4 )
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 )
.
155
)
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 )
.
15.6 )
CONFERENCE
WITH
LEGAL
COUNSEL
-
EXISTING
LITIGATION
Land
Developers
&
Associates
Corporation
v
.
Successor
Agency
to
the
Community
Redevelopment
Agency
of
the
City
of
Palmdale
,
et
al
.
Los
Angeles
County
Superior
Court
Case
No
.
22 AVCV
01093
The
closed
session
is
being
held
pursuant
to
the
authority
of
California
Government
Code
Section
54956.9
(
d
)
(
1 )
.
16 )
ANNOUNCEMENT
BY
CITY
ATTORNEY
Closed
Session
was
held
from
6 :
41 p
.
m
.
-
8 :
14 p
.
m
.
Interim
City
Attorney
Curley
announced
all
items
were
considered
,
Council
received
advice
and
updates
,
and
there
was
no
reportable
action
.
17 )
ADJOURN
Mayor
Bettencourt
adjourned
the
meeting
at
8 :
21 p
.
m
.
to
May
17 ,
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
17 th
day
of
May
2023
.
OUutc
,
—
Laura
Bettencourt
,
Mayor
ATT
Rochelle
Scott
,
Acting
City
Clerk
7