City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
1 MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
JUNE 21, 2023
www.cityofpalmdale.org
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, COMMISSIONERS FRAGA-
SAENZ, DENNY
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Phil Denny.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4) PRESENTATIONS
4.1) Councilmember Bishop presented a Commendation recognizing Fiona Currie,12-year-old, for graduating from Los Angeles City College with a 4.0 GPA and an associate degree in studio arts.
4.2) Councilmember Ohlsen presented a Certificate of Recognition to Robert “Bobby” Breech, Atherine Blanco, and the Antelope Valley Cemetery District for their service to the veteran community.
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 Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
2 6) PUBLIC COMMENT RULES:
(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non -English speakers receive the same opportunity to directly address the legislative body of a local agency.”
In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of three (3) minutes on the entirety of the Consent Calendar, Appointment(s), New Business and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.
7) PUBLIC COMMENTS:
The following individuals provided public comments: Jorge Ventura spoke regarding the Taco Festival; Eugene Hernandez commented regarding the unhoused; and Jason Zink spoke on Items 8.3, 8.4 and 8.5.
A motion was made and carried unanimously to close the Public Comments.
8) CONSENT CALENDAR
8 . 1 ) Adopt Resolution No. CC 2023 -042, a Resolut ion of the City Council of the City of Palmdale establishing an appropriations limit for Fiscal Year 2023-24 pursuant to Article XIII B of the California Constitution and repeal Resolution No. CC 2022-067.
8 . 2 ) Approve purchase order 20240000 with Amazon Capit al Services, Inc. dba Amazon Business in an amount not to exceed $205,000.00 for FY 2023-24.
City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
3 8 . 3 ) Adopt Resolution No. CC 2023 -044, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay Plan for General Positions; Adopt Resolution No. CC 2023 -045, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay Plan for Bargaining Unit Positions; and Adopt Resolution No. CC 2023 -046, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay Plan for Parks and Recreation Unbenefited Positions.
8 . 4 ) Approve Second Amendment to Legal Services Agreement with Harper & Burns, LLP (A -8232) to increase the total amount of the Agreement by an additional $400,000 not to exceed the sum of $720,000.
Mayor Pro Tem Alarcón pulled Item 8.4 for discussion and made remarks on Items 8.3 and 8.5. City Manager Perez provided a detailed overview of Item
8.4. Discussion ensued regarding the cost and term of the contract and number of consulting legal contracts. Interim City Attorney Curley provided clarification on the streamlining of billings for consulting attorneys and firms.
Motion: Approve Second Amendment to Legal Services Agreement with Harper & Burns, LLP
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (4-1)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa.
No: Andrea Alarcón.
8 . 5 ) Approve authorizing City Manager to bind insurance coverages related to the agreement between VINSA, Inc. and City of Palmdale (A -7994) in an amount not to exceed $2,750,000.
Motion: Approve all items listed on the Consent Calendar with the exception of 8.4.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
9) PUBLIC HEARING
9.1) Adopt Resolution No. CC 2023-043, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule of Fees and repealing all prior enactments inconsistent with this Resolution.
Director of Finance Samson presented the staff report.
The following individuals provided public comments: Jason Zink and Xavier Flores spoke regarding waiving fees for Palmdale residents.
A motion was made and carried unanimously to close the Public Comments.
City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
4 Mayor Pro Tem Alarcón spoke regarding support of residents and access to public facilities, special events, and parks. She provided three (3) suggestions:
1) Create equity in the deposit structure so that the security deposit is the same for all parks; 2) Do not increase the fees for youth sports; and 3) Do not implement the special event fees for the Jolly Holiday activity wristband, Springfest activity wristband, and the Bingo Card fee.
Recreation Manager Altobelli and Management Analyst I Kelley provided information to Council regarding the park fees and youth sc holarships.
Discussion ensued regarding disseminating scholarship information to schools and organizations, increased costs, use of American Rescue Plan Act (ARPA) funds, waiver or reduction of the general admission fee for the fireworks show, and the use of Measure AV funds for community events.
Motion: Adopt Resolution No. CC 2023 -043 as proposed with the exception of the park security deposit fees ensuring that they are applied equitably to all parks throughout the City; eliminate the increase in youth sports; eliminate wristband fee for Springfest and Jolly Holiday, and the Bingo Card fee; and consideration of an admission fee reduction for the 4th of July event in 2024.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
10) JOINT PUBLIC HEARING CC/SA/HA/IDA/PAA/PCA/PFA
10.1) Adopt Joint Resolution of the City Council of the City of Palmdale (No. CC 2023-041), the Successor Agency to the Community Redevelopment Agency of the City of Palmdale (No. SA 2023 -003), the Palmdale Civic Authority (No.
PCA 2023-001), the Housing Authority of the City of Palmdale (No. HA 2023- 003), the Industrial Development Authority (No. IDA 2023 -001), the Palmdale Airport Authority of the City of Palmdale (No. PAA 2023-001), and the Palmdale Financing Authority (No. PFA 2023-001) approving and adopting the City of Palmdale's Annual Budget for Fiscal Year 2023-24, and approving revenue and expenditure adjustments to Fiscal Year 2022-23.
City Manager Perez presented a video of the City's accomplishments and made remarks regarding the City's budget.
Director of Finance Samson provided a detailed PowerPoint presentation of the budget.
Council directed City Manager Perez to address the CARPing (Cadre of Administrative Reserve Personnel program) issue in the upcoming Sheriff's Department contract.
There was Council discussion regarding the Sheriff's Department being understaffed and the CARPing system.
City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
5 Mayor Bettencourt recused herself from the discussion.
Discussion continued regarding deputy fatigue, community safety, minimum standard of servicing noted in the contract, disputing CARPing, and use of Code Enforcement staff for non-emergent items.
Acting Captain Rhea provided clarification on the CARPing system. Mayor Bettencourt rejoined the meeting.
Director of Finance Samson continued with the budget PowerPoint presentation.
Council discussion continued regarding the American Rescue Plan Act (ARPA) funds, disadvantaged and disproportionately impacted communities, and Capital Improvement Projects.
Mayor Bettencourt recessed the meeting from 7:46 pm - 8:03 pm.
The following individuals commented regarding the City's budget: Jason Zink, Marcos Alvarez, Felix Menendez, Arturo Perez, Xavier Flores, Lilia Galindo, Laurel Forrest, Eduardo Medina, Marisela Gomez, Stephanie Mavol, Azuceno Preciado, Allan Morales, Ismael Galvan, Shannon Wainwright, Vincent Allen, Ruth Sanchez, Diana Morales, Jasmine Graham, Jose Madera, Eugene Hernandez, and Steve Hill.
A motion was made and carried unanimously to close the Public Comments.
Councilmember Loa thanked the community for their comments on the budget and spoke regarding providing equal service across the City.
Mayor Pro Tem Alarcón spoke regarding community voices, community service providers, thanked staff, and proposed revisions to the Community Programs component of the Measure AV budget.
There was further Council discussion regarding the allocation of Measure AV funds, the grant process, and hiring of an Independent Consultant to manage the process.
Motion: Adopt Joint Resolution Nos. CC 2023 -041, SA 2023 -003, PCA 2023 -001, HA 2023-003, IDA 2023-001, PAA 2023-001, PFA 2023-001.
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (6-1)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga - Saenz, Phil Denny.
No: Andrea Alarcón.
Mayor Bettencourt called for a break at 9:09 pm - 9:17 pm.
Mayor Bettencourt adjourned the Housing Authority meeting at 9:18 pm.
City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
6 11) APPOINTMENT
11.1) City Council Nomination and Appointment of one (1) Member to the Board of Library Trustees.
Motion: Appoint Challen David
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
Challen David provided her background and experience.
12) NEW BUSINESS
12.1) Discussion, direction and possible action on future public safety initiatives.
This item was addressed during the budget discussion.
13) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
Councilmember Bishop requested that staff go back to the Measure AV board and fund community groups through an equitable distribution of a to be determined dollar amount with a Professional Grant Administrator in place.
Discussion ensued regarding the allocation of Measure AV funds, other fund sources, and a professional Administrator for Measure AV grant funds.
14) CITY MANAGER’S REPORT
City Manager Perez reported on the following items: Flag Day event; Yellen Park groundbreaking; Juneteenth event; Summer Concerts and Family Movie Nights; Cine Gear Expo at Paramount Studios; and grand opening of the eastside Chick -fil- A and Trader Joe warehouse.
15) NON-AGENDA PUBLIC COMMENTS
The following individuals provided public input regarding Council and Committee Member conduct: Rich Gallego, Yul Gevargis, and Abraham Salcedo.
The following individuals provided input regarding the Measure AV budget: Abraham Salcedo, Marcos Alvarez, Mar io Presents, Jason Zink, Ruth Sanchez, Stephanie Mayol, and Xavier Flores.
The following individuals provided public input: Laurel Forrest commented regarding ADA compliance; and Eugene Hernandez spoke regarding freedom of speech.
Mayor Bettencourt directed staff to record Measure AV meetings.
City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm
7 Mayor Pro Tem Alarcón spoke in support of non-profits.
16) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Curley confirmed items were properly agendized.
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 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).
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
17) ANNOUNCEMENT BY CITY ATTORNEY
Attorney Halfman, Harper & Burns, LLP, announced Council was updated on Closed Session matters and there was no reportable action.
City
Council
/
SA
/
HA
/
IDA
/
PAA
/
PCA
/
PFA
-
06 /
21 /
2023
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5 pm
18 )
ADJOURNMENT
Mayor
Bettencourt
adjourned
the
meeting
at
10 :
56 p
.
m
.
to
July
12 ,
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
19 th
day
of
July
,
2023
.
0 Laura
Bettencourt
,
Mayor
ATT
Rochelle
Scott
,
Acting
City
Clerk
8