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CITY COUNCIL MINUTES. O8iO3/16 .sPM CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA
AUGUST 3,2016 AGENDA NO. I37O
www.cityofpalmdale.org
Mayor Ledford called the meeting to order at 5:00 p.m
2. ROLL CALL: MAYOR LEDFORD, MAYOR PROTEM HOFBAUER, COUNCILMEMBERS DISPENZA, THOMPSON, AND MARTINEZ
PRESENT: Mayor Ledford, Councilmember Thompson, Councilmember Martinez.
ABSENT: Mayor Pro Tem Hofbauer, Councilmember Dispenza. Motion: Excuse the absence of Mayor Pro Tem Hofbauer and Councilmember Dispenza. Moved by Councilmember Thompson, seconded by Councilmember M artinez.
Vote: Motion canied (3-0) Yes: MayorLedford, CouncilmemberThompson, Councilmember Martinez- Absent: Mayor Pro Tem Hofbauer, Councilmember Dispenza
3. CLOSED SESSION - PUBLIC COMMENTS ONLY:
N one.
4. PRESENTATION BY CITY ATTORNEY of the following item(s) to be discussed in Closed Session:
City Attorney Ditzhazy stated all items would be heard as listed.
4.1 The reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal
CITY COL]NCIL MINUTES - 08/03/16 - 5PM
counsel and to receive dìrection from the City Council regarding the following pending litigation to which the City is a party:
S.P., a minor, by and through her guardian ad litem, William Perry, et al. v. City of Palmdale United States District Court - Central District of California Case No.2:16-CV-04600
This closed session is being held pursuant to the authority of California Government Code Sections 54956.9 (dX1).
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and circumstances it is the opinion of the City Attorney that it
would prejudice the position of the City to discuss this matter in public.
4.2 the reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the possible initiation of litigation by the City.
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION lnitiation of Iitigation pursuant to paragraph (4) of subdivision (d) of Section 54956,9: Number of cases - One.
Closed session is recommended because the City will assess the merits of this matter and consider the City's perspeciive. Based on existing facts and circumstances it is the opinion of the City Attorney that it would prejudice the position of the City to discuss this matter in public or to disclose further the circumstances in this potential case; such disclosure may harm settlement attempts or other efforts to resolve the matter without litigation.
4.3 The reason for holding a closed sesslon is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the following pending litigation to which the City is a party:
Carmen Contreras Melgar vs. City of Palmdale, et al. Los Angeles County Superior Court, Case No. MC 025453
Page 2 of 5
This closed session is being held pursuant to the authority of
CITY COUNCIL MINUTES - 08/03/16 - 5PM Page 3 of 5
California Government Code Sections 54956.9 & 54956.9(d) (1 ).
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and circumstances it is the opinion of the City Attorney that it would prejudice the position of the City to discuss this matter in public.
4.4 the reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the Council regarding possible litigation to which the City may be a party as follows:
One Matter: Possible civil litigation arising from the following Tort Claim filed against the Clty of Palmdale:
(1) Claìmant: Francis Sperling City Claim No.: 2016-035 Date of Loss: January 2 and 10, 2016 Date Filed: June 9, 20'16
This closed session is being heìd pursuant to the authority of California Government Code Section 54956.9 & 54956.9(b) (3XC)
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and cìrcumstances it is the opinion of the City Attorney that it would prejudice the position of the City to discuss this matter in public or to disclose further the circumstances in this potential case; such disclosure may harm settlement attempts and other efforts to resolve the matter without litigation.
4.5 The reason for holding a closed session is for the purpose of conferring wiih and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the following pending litigation to which the City is a party:
Charlton Weeks, LLP vs. City of Palmdale, et al. Los Angeles County Superior Court, Case No. BS 162443
This closed session is being held pursuant to the authority of California Government Code Sections 54956.9 & 54956.9(a)
CITY COIJNCIL MINUTES .08/03/16 - 5PM
and (dx1)
NOTE: The Palmdale City Attorney's Office will not participate in this matter or any closed session thereon due to a conflict of interest, The matter is currently being handled by outside counsel, Scott E. Porter, Esq.
Ã
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and circumstances it is the opinion of the Cìty Attorney that it would prejudice the position of the City to discuss this matter in public.
CLOSED SESSION.
Mayor Pro Tem Hofbauer arrived at 5:06 p.m
6 ANNOUNCEMENT BY CITY ATTORNEY of item(s) discussed in
Closed Session.
the Mayor and three City CouncilmemberDispenza was
Page 4 of 5
Item 4.1 CC - S.P., a minor, by and through her guardìan ad litem, William Perry, et al. v. City of Palmdale / Pending Litigation - ln
closed session the City Councìl was apprised of the status of this case and provided unanimous direction thereon. No further reportable action at this time.
Item 4.2 CC - One Matter / Possible Litigation - The City Council was apprised of the City Attorney's contemplated action regarding a
major nuisance situation. No further reportable action at this time.
Item 4,3 CC - Carmen C. Melgar v. City of Palmdale, et al. / Pending Litigation - The City Council was apprised of the status of this case and provided unanimous direction thereon. No further reportable action at this time.
Item 4.4 CC - One Matter: Claim No, 2016- 035 / Francis Sperling / Possible Litigation - The City Council ratified the City Attorney's rejection of this claim. No further reportable action at this time.
Item 4.5 CC - Charlton Weeks, LLP v. City of Palmdale, et al. - ln
CITY COLINCIL MINUTES - O8/03/I6 - 5PM
closed session the City Council approved a draft settlement agreement subject to finalization by outside counsel, Scott Porter and City Manager Purtee. No further reportable action at this time.
7, NON-AGENDA ITEMS - PUBLIC COMMENTS
N one
8. ADJOURNMENT
Mayor Ledford adjourned the meeting at 6:20 p.m. to August 3,2016 at 7:00 p.m. in the City Hall Council Chamber located at 38300 Siena Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 7th day of September 2016.
James C. Ledford, Jr., Mayor
ATTEST:
Page 5 of 5
ctTY couNctL MTNUTES - 08/03/16 - 7PM CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA
AUGUST 3, 2016 AGENDA NO. 137I
www.cityof pal mdale.o rg
Mayor Ledford called the meeting to order at 7:00 p,m
PLEDGE OF ALLEGIANCE AND MOMENÏ OF SILENCE IN HONOR OF OUR TROOPS.
Christian Chin, United States Marine Veteran, led the pledge of allegiance.
3. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM HOFBAUER, COUNCILMEMBERS DISPENZA, THOMPSON, AND MARTINEZ
PRESENT: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez.
ABSENT: Councilmember Dispenza. Motion: Excuse the absence of Councilmember Dispenza. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Thompson.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Madinez. Absent: Councilmember Dispenza.
4. PRESENTATION:
4.1 Presentation to Mayor and Council of a check from Jorge Ventura, Ventura Graphix to benefit Gabriel's House.
Jorge Ventura spoke and presented Councìl with a $2,700 check.
Page 1 of 8
CITY COL]NCIL MINUTES - 08/03/16 - 7PM Page 2 of 8
4.2 Presentation by Mayor and Council of Certificates of Recognition to members of the Devil Pups and Devìl Pups Eagles in recognition of their successful completion of the Devil Pups Program. Representatives from Congressman Steve Knight's office, State Senator Sharon Runner's office, Assemblyman Tom Lackey's office, Los Angeles County Supervisor Antonovich's office, and Antelope Vaìley College will also make their presentations.
DEVIL PUPS
. Bryce Rocha
. Brandon Guy
. Andrew Rodriguez
. Mark Jordan
. Cort Kirkpatrick
. Tim Beltran
. Abrill Armenta
. Miguel Armenta
. Karen Lorenzana
. Bryan Haines
. Gabriela Castro
Mr. Eric Lewis spoke and introduced Richard Lindsey the President of Devil Pups.
4.3 Presentation by Mayor and Council of Cedificates of Recognition to the incoming 2016 Miss Latina AV Court:
. Miss Maria Kyupelyan
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 Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
CITY COLINCIL MiNUTES - 08/03/16 - 7PM Page 3 of I
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councilmember Dispenza.
6. CONSENT CALENDAR - PUBLIC COMMENTS ONLY:
N one.
7. CONSENTCALENDAR:
7.1 ADOPT RESOLUTION CC 2016-073, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE RATIFYING AND APPROVING ALL CITY OF PALMDALE WARRANTS ISSUED AND VOIDED ON BEHALF OF THE CITY OF PALMDALE SINCE THE LAST CITY WARRANT REGISTER DATED MAY 30, 2016 AND PAYROLL REGISTER DATED MAY 19, 2016 AND APPROVED BY THE CITY COUNCIL ON JULY 6, 2016. (Staff Reference: Finance Manager Johnston)
7.2 Accept the monthly report on the investment balances as reported on the City of Palmdale's books as of June 30, 2016. (Staff Reference: Finance Manager Johnston)
7.3 Accept the quarterly report on the investment balances as reported on the City of Palmdale's books as of June 30, 2016. (Staff Reference: Finance Manager Johnston)
7.4 Approve a Contract for Services Agreement wlth HdL Coren & Cone for services related to property tax reporting, appeals and forecasting propefty tax revenue in an amount not to exceed $45,750 for a three year term wìth the optìon to extend the agreement for two (2) additional one-year terms, budgeted in Account No. 10118001-721418, Agreement No. A-5496. (Staff Reference: Finance Manager Johnston)
7.5 Authorize travel expenditures for Mayor Pro Tem Steve Hofbauer to travel to Long Beach, California to attend the League of California Cities' 2016 Annual Conference on October 5 - 7, 2016, budgeted ìn Account No. 1011000'1- 710003. (Staff Reference: City Manager Purtee)
7.6 Authorize travel expenditures for Mayor James C. Ledford, Jr., to attend the 2016 Rail-Volution Annual Conference in
San Francisco, California on October 9-12,2016, budgeted in
Account No. 10134101-710000. (Staff Reference: City Manager Purtee)
CTTY COIINCIL MINUTES - 08/03/I6. 7PM Page 4 of 8
7.7 Approve the minutes from the previous meetings held July 6, 2016 (5pm), and July 6, 2016 (7pm), (Staff Reference: City Clerk Smith)
7.8 Approve and enter into Contract Amendment No. 1 with Kosmont & Associates, lnc. for Financial Advisory Services for the Oasis Project, which wilì increase the contract amount by $50,000.00, which will increase the total not to exceed amount to $75,000, Agreement No. A-5325. (Staff Reference: Director of Economic & Community Development Oyler)
7.9 Approve and enter into Contract Amendment No. 10 with the County of Los Angeles for the Workforce lnvestment Act (WlA) Adult and Dislocated Worker Programs for the South Valley WorkSource Center (SVWSC) for fiscal year 2016- 2017 for an amount not to exceed $884,743, Agreement No, A-2829. (Staff Reference: Director of Economic & Community Development Oyler)
7.10 Approve a Contract for Engineering Services Agreement with Withers & Sandgren to provide ongoing landscape architectural services for the City of Palmdale, Agreement No. A-5526. (Staff Reference: Director of Public Works Mischel)
7.1 1 Approve Design Professional Services Agreement with Antelope Valley Engineering lnc,, for Project No. 733, Palmdale lndustrial Park lmprovements in the amount of $166,000, funded through Account No. F0013101, Agreement No. A-5534. (Staff Reference: Director of Public Works Mischel)
7.12 Accepl completed Capital Project No, 684, McAdam Park Pool lmprovement Project, from MJS Constructìon, lnc., and authorize the Director of Public Works to file a Notice of Completion, Agreement No. A-5225. (Staff Reference: Director of Public Works Mischel)
7.13 ADOPT RESOLUTION NO. CC 2016-074, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE OF CONSIDERATION TO ALTER THE FACILITIES AUTHORIZED TO BE FINANCED BY THE CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT NO. 93-1 (RITTER RANCH). (Staff Reference: Director of Public Works Mischel)
7.14 Authorize necessary travel expenditures for Mayor James C.
Ledford, Jr. and Councilmember Roxana Martinez to travel to San Diego, California to attend the lnternational Council of Shopping Centers' 2016 Western Division Conference and
CITY COIINCIL MINUTES - 08/03/16 - 7PM
Deal Making on August 30 - September 1,2016, budgeted in Account Nos. 101'10001-710001 and 10110001-710004. (Staff Reference: City Manager Pudee)
Motion: Move to approve the recommendations and findings on all items listed under this Consent Calendar. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councilmember Dispenza.
B. PUBLIC HEARING:
8.'1 Public hearing to: 1) Hear public comment and review a proposal to amend the City's 2008-2009 Action Plan to program Neighborhood Stabilization Program (NSP) Program lncome funds of $523,630 received from the sale of five NSP assisted properties; 2) Add an activity under Project 2008-006 for acquisition and rehabrlìtation of a property; and 3) to authorize the City Manager or his designee to sign all documents necessary to amend said Action Plan and obtain HUD approval. (Staff Reference: Director of Neighborhood Services Miller)
Senior Housing Coordinator Reyes presented the staff report.
Mayor Ledford opened the public hear¡ng.
Testimony: None.
Motion: Move to close the Public Hearing. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councrlmember Dispenza.
Motion: Move to approve the recommendations and findings as listed in the staff repod. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Page 5 of 8
Õ
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councilmember Dispenza.
SPECIAL REPORT:
9.1 Discussion and possible direction to staff regarding the Adult Use of Marijuana Act ("AUMA"). (Staff Reference: City Attorney Ditzhazy)
Assistant City Attorney Doran presented the staff report.
There was Council discussion.
City Attorney Dilzhazy stated that there will be changes to our ordinance based on new law and he will look at all phases and private use.
Mayor Pro Tem Hofbauer asked if this will go into effect after the election and Assistant City Attorney Doran stated he will come back with that information.
Public Comments: Mr. Marty Scepan opposed; Mr. Cesar Rivera Magallon presented a handout to Council and opposed; Ms. Waunette Cullors, Pueblo Y Salud, opposed; Mr. Khamal Al-Khatib, Executive Director of Guidance Chader School, opposed; Gìenn Winklestein would like to be involved with city staff regarding discussions, dispensaries, labs and he would like to be kept informed.
Direction was given to staff to continue to track distribution, cultivation and testing, pubìic impact, and taxation.
10. APPOINTMENTS:
1 0.1 Mayor's nomination, Council approval, and appointment of Angela French as Planning Commissioner, in District 1 for a term to expire in June of 2018. (Staff Reference: City Clerk Smith)
Mayor Ledford spoke about his nominee, Angela French, and her background.
Public Comments French.
CITY COLINCIL MINUTES - 08/03/16 - 7PM
Motion: Appoint Angela French as Planning Commissioner in District 1 for a term to expire in June of 2018. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Abseni: Councilmember Dispenza.
Mayor Ledford recessed to the Successor Agency meeting at this iime.
11. NON-AGENDA ITEMS - PUBLIC COMMENTS
Heard jointly with Successor Agency 7 p.m. meet¡ng.
Public Comments: Mr. Marty Scepan spoke regarding abandoned houses in the neighborhood. Mayor Ledford directed Mr. Scepan to City Manager Purtee. Ms. Waunette Cullors spoke regarding the Antelope Valley pageants. Ms. Rossall of Westside Union School District thanked Council for their generous offer to utilize the park space adjacent to Esperanza school and invited Council to stop by Cottonwood school on Monday at 7:30 a.m. for their grand opening. A couple spoke regarding a Rancho Vista house on the golf course and stated neighbors have no trash service and Mayor Ledford referred them to City Manager Purtee to handle. Brayden Quarry of Antelope Valley Film Commission spoke regarding the Annual Palmdale Founders Celebration and Mayor Ledford asked him to continue to work with City Manager Purtee. Mr. Barry Seavers spoke regarding homeless at Courson Park and Council directed City Manager Purtee to check into this problem.
12, INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT PUBLIC EXPENSE,
Councilmember Martinez - attended the Palmdale Chamber of Commerce and the Hispanìc Chamber of Commerce events where the Mayor gave the State of the City Address, spoke about Metrolink; and attended the Palmdale Sister City fundraiser.
Mayor Ledford - announced the State of the City address happening now at the Chambers; talked about business community outreach; spoke about the Sanitation districts; attended Palmdale Aerospace
Page 7 of 8
CITY COLINCIL MINUTES - O8/03i16 - 7PM Page 8 of 8
Academy meeting and talked about the new school; attended Antelope Valley Air Quality Management District meeting; and attended Palmdale Recycled Water Authority meeting.
Councilmember Thompson - Attended Palmdale Recycled Water Authority meeting; attended the Antelope Valley Transit Authority meeting; attended emergency meeting wlth Assemblyman Lackey for the African American Committee; attended the Todd Davis football camp; and attended all three Chamber meetings.
Mayor Pro Tem Hofbauer - Thanked Westside School District Board for attending tonight; attended the Antelope Valley Transit Authoriiy meeting; attended Palmdale Sister City dance; attended Southern California Association of Governments Emergency Communication lnoperable Committee meeting; participated on the Antelope Valley Transit Authority Emergency Committee; Encouraged citizens to read Proposition 47 regarding release of non-violent offenders (59); and asked that the meeting be adjourned in honor of Senator Sharon Runner and Mr. Lou Bozigian.
13, ADJOURNMENT:
Mayor Ledford adjourned the meeting at 9:20 p.m., in honor of State Senator Runner and Mr. Lou Bozigian, to September 7, 2016 at 5:00 P.M. in the City Hall Council Chamber located at 38300 Siena Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 7th day of September 2016.
James C. Ledford, Jr., Mayor
ATTEST:
38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA
AUGUST 3,2016 AGENDA NO. I37O
www.cityofpalmdale.org
Mayor Ledford called the meeting to order at 5:00 p.m
2. ROLL CALL: MAYOR LEDFORD, MAYOR PROTEM HOFBAUER, COUNCILMEMBERS DISPENZA, THOMPSON, AND MARTINEZ
PRESENT: Mayor Ledford, Councilmember Thompson, Councilmember Martinez.
ABSENT: Mayor Pro Tem Hofbauer, Councilmember Dispenza. Motion: Excuse the absence of Mayor Pro Tem Hofbauer and Councilmember Dispenza. Moved by Councilmember Thompson, seconded by Councilmember M artinez.
Vote: Motion canied (3-0) Yes: MayorLedford, CouncilmemberThompson, Councilmember Martinez- Absent: Mayor Pro Tem Hofbauer, Councilmember Dispenza
3. CLOSED SESSION - PUBLIC COMMENTS ONLY:
N one.
4. PRESENTATION BY CITY ATTORNEY of the following item(s) to be discussed in Closed Session:
City Attorney Ditzhazy stated all items would be heard as listed.
4.1 The reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal
CITY COL]NCIL MINUTES - 08/03/16 - 5PM
counsel and to receive dìrection from the City Council regarding the following pending litigation to which the City is a party:
S.P., a minor, by and through her guardian ad litem, William Perry, et al. v. City of Palmdale United States District Court - Central District of California Case No.2:16-CV-04600
This closed session is being held pursuant to the authority of California Government Code Sections 54956.9 (dX1).
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and circumstances it is the opinion of the City Attorney that it
would prejudice the position of the City to discuss this matter in public.
4.2 the reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the possible initiation of litigation by the City.
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION lnitiation of Iitigation pursuant to paragraph (4) of subdivision (d) of Section 54956,9: Number of cases - One.
Closed session is recommended because the City will assess the merits of this matter and consider the City's perspeciive. Based on existing facts and circumstances it is the opinion of the City Attorney that it would prejudice the position of the City to discuss this matter in public or to disclose further the circumstances in this potential case; such disclosure may harm settlement attempts or other efforts to resolve the matter without litigation.
4.3 The reason for holding a closed sesslon is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the following pending litigation to which the City is a party:
Carmen Contreras Melgar vs. City of Palmdale, et al. Los Angeles County Superior Court, Case No. MC 025453
Page 2 of 5
This closed session is being held pursuant to the authority of
CITY COUNCIL MINUTES - 08/03/16 - 5PM Page 3 of 5
California Government Code Sections 54956.9 & 54956.9(d) (1 ).
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and circumstances it is the opinion of the City Attorney that it would prejudice the position of the City to discuss this matter in public.
4.4 the reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the Council regarding possible litigation to which the City may be a party as follows:
One Matter: Possible civil litigation arising from the following Tort Claim filed against the Clty of Palmdale:
(1) Claìmant: Francis Sperling City Claim No.: 2016-035 Date of Loss: January 2 and 10, 2016 Date Filed: June 9, 20'16
This closed session is being heìd pursuant to the authority of California Government Code Section 54956.9 & 54956.9(b) (3XC)
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and cìrcumstances it is the opinion of the City Attorney that it would prejudice the position of the City to discuss this matter in public or to disclose further the circumstances in this potential case; such disclosure may harm settlement attempts and other efforts to resolve the matter without litigation.
4.5 The reason for holding a closed session is for the purpose of conferring wiih and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the following pending litigation to which the City is a party:
Charlton Weeks, LLP vs. City of Palmdale, et al. Los Angeles County Superior Court, Case No. BS 162443
This closed session is being held pursuant to the authority of California Government Code Sections 54956.9 & 54956.9(a)
CITY COIJNCIL MINUTES .08/03/16 - 5PM
and (dx1)
NOTE: The Palmdale City Attorney's Office will not participate in this matter or any closed session thereon due to a conflict of interest, The matter is currently being handled by outside counsel, Scott E. Porter, Esq.
Ã
Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the City's perspective. Based on existing facts and circumstances it is the opinion of the Cìty Attorney that it would prejudice the position of the City to discuss this matter in public.
CLOSED SESSION.
Mayor Pro Tem Hofbauer arrived at 5:06 p.m
6 ANNOUNCEMENT BY CITY ATTORNEY of item(s) discussed in
Closed Session.
the Mayor and three City CouncilmemberDispenza was
Page 4 of 5
Item 4.1 CC - S.P., a minor, by and through her guardìan ad litem, William Perry, et al. v. City of Palmdale / Pending Litigation - ln
closed session the City Councìl was apprised of the status of this case and provided unanimous direction thereon. No further reportable action at this time.
Item 4.2 CC - One Matter / Possible Litigation - The City Council was apprised of the City Attorney's contemplated action regarding a
major nuisance situation. No further reportable action at this time.
Item 4,3 CC - Carmen C. Melgar v. City of Palmdale, et al. / Pending Litigation - The City Council was apprised of the status of this case and provided unanimous direction thereon. No further reportable action at this time.
Item 4.4 CC - One Matter: Claim No, 2016- 035 / Francis Sperling / Possible Litigation - The City Council ratified the City Attorney's rejection of this claim. No further reportable action at this time.
Item 4.5 CC - Charlton Weeks, LLP v. City of Palmdale, et al. - ln
CITY COLINCIL MINUTES - O8/03/I6 - 5PM
closed session the City Council approved a draft settlement agreement subject to finalization by outside counsel, Scott Porter and City Manager Purtee. No further reportable action at this time.
7, NON-AGENDA ITEMS - PUBLIC COMMENTS
N one
8. ADJOURNMENT
Mayor Ledford adjourned the meeting at 6:20 p.m. to August 3,2016 at 7:00 p.m. in the City Hall Council Chamber located at 38300 Siena Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 7th day of September 2016.
James C. Ledford, Jr., Mayor
ATTEST:
Page 5 of 5
ctTY couNctL MTNUTES - 08/03/16 - 7PM CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA
AUGUST 3, 2016 AGENDA NO. 137I
www.cityof pal mdale.o rg
Mayor Ledford called the meeting to order at 7:00 p,m
PLEDGE OF ALLEGIANCE AND MOMENÏ OF SILENCE IN HONOR OF OUR TROOPS.
Christian Chin, United States Marine Veteran, led the pledge of allegiance.
3. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM HOFBAUER, COUNCILMEMBERS DISPENZA, THOMPSON, AND MARTINEZ
PRESENT: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez.
ABSENT: Councilmember Dispenza. Motion: Excuse the absence of Councilmember Dispenza. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Thompson.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Madinez. Absent: Councilmember Dispenza.
4. PRESENTATION:
4.1 Presentation to Mayor and Council of a check from Jorge Ventura, Ventura Graphix to benefit Gabriel's House.
Jorge Ventura spoke and presented Councìl with a $2,700 check.
Page 1 of 8
CITY COL]NCIL MINUTES - 08/03/16 - 7PM Page 2 of 8
4.2 Presentation by Mayor and Council of Certificates of Recognition to members of the Devil Pups and Devìl Pups Eagles in recognition of their successful completion of the Devil Pups Program. Representatives from Congressman Steve Knight's office, State Senator Sharon Runner's office, Assemblyman Tom Lackey's office, Los Angeles County Supervisor Antonovich's office, and Antelope Vaìley College will also make their presentations.
DEVIL PUPS
. Bryce Rocha
. Brandon Guy
. Andrew Rodriguez
. Mark Jordan
. Cort Kirkpatrick
. Tim Beltran
. Abrill Armenta
. Miguel Armenta
. Karen Lorenzana
. Bryan Haines
. Gabriela Castro
Mr. Eric Lewis spoke and introduced Richard Lindsey the President of Devil Pups.
4.3 Presentation by Mayor and Council of Cedificates of Recognition to the incoming 2016 Miss Latina AV Court:
. Miss Maria Kyupelyan
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 Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
CITY COLINCIL MiNUTES - 08/03/16 - 7PM Page 3 of I
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councilmember Dispenza.
6. CONSENT CALENDAR - PUBLIC COMMENTS ONLY:
N one.
7. CONSENTCALENDAR:
7.1 ADOPT RESOLUTION CC 2016-073, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE RATIFYING AND APPROVING ALL CITY OF PALMDALE WARRANTS ISSUED AND VOIDED ON BEHALF OF THE CITY OF PALMDALE SINCE THE LAST CITY WARRANT REGISTER DATED MAY 30, 2016 AND PAYROLL REGISTER DATED MAY 19, 2016 AND APPROVED BY THE CITY COUNCIL ON JULY 6, 2016. (Staff Reference: Finance Manager Johnston)
7.2 Accept the monthly report on the investment balances as reported on the City of Palmdale's books as of June 30, 2016. (Staff Reference: Finance Manager Johnston)
7.3 Accept the quarterly report on the investment balances as reported on the City of Palmdale's books as of June 30, 2016. (Staff Reference: Finance Manager Johnston)
7.4 Approve a Contract for Services Agreement wlth HdL Coren & Cone for services related to property tax reporting, appeals and forecasting propefty tax revenue in an amount not to exceed $45,750 for a three year term wìth the optìon to extend the agreement for two (2) additional one-year terms, budgeted in Account No. 10118001-721418, Agreement No. A-5496. (Staff Reference: Finance Manager Johnston)
7.5 Authorize travel expenditures for Mayor Pro Tem Steve Hofbauer to travel to Long Beach, California to attend the League of California Cities' 2016 Annual Conference on October 5 - 7, 2016, budgeted ìn Account No. 1011000'1- 710003. (Staff Reference: City Manager Purtee)
7.6 Authorize travel expenditures for Mayor James C. Ledford, Jr., to attend the 2016 Rail-Volution Annual Conference in
San Francisco, California on October 9-12,2016, budgeted in
Account No. 10134101-710000. (Staff Reference: City Manager Purtee)
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7.7 Approve the minutes from the previous meetings held July 6, 2016 (5pm), and July 6, 2016 (7pm), (Staff Reference: City Clerk Smith)
7.8 Approve and enter into Contract Amendment No. 1 with Kosmont & Associates, lnc. for Financial Advisory Services for the Oasis Project, which wilì increase the contract amount by $50,000.00, which will increase the total not to exceed amount to $75,000, Agreement No. A-5325. (Staff Reference: Director of Economic & Community Development Oyler)
7.9 Approve and enter into Contract Amendment No. 10 with the County of Los Angeles for the Workforce lnvestment Act (WlA) Adult and Dislocated Worker Programs for the South Valley WorkSource Center (SVWSC) for fiscal year 2016- 2017 for an amount not to exceed $884,743, Agreement No, A-2829. (Staff Reference: Director of Economic & Community Development Oyler)
7.10 Approve a Contract for Engineering Services Agreement with Withers & Sandgren to provide ongoing landscape architectural services for the City of Palmdale, Agreement No. A-5526. (Staff Reference: Director of Public Works Mischel)
7.1 1 Approve Design Professional Services Agreement with Antelope Valley Engineering lnc,, for Project No. 733, Palmdale lndustrial Park lmprovements in the amount of $166,000, funded through Account No. F0013101, Agreement No. A-5534. (Staff Reference: Director of Public Works Mischel)
7.12 Accepl completed Capital Project No, 684, McAdam Park Pool lmprovement Project, from MJS Constructìon, lnc., and authorize the Director of Public Works to file a Notice of Completion, Agreement No. A-5225. (Staff Reference: Director of Public Works Mischel)
7.13 ADOPT RESOLUTION NO. CC 2016-074, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE OF CONSIDERATION TO ALTER THE FACILITIES AUTHORIZED TO BE FINANCED BY THE CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT NO. 93-1 (RITTER RANCH). (Staff Reference: Director of Public Works Mischel)
7.14 Authorize necessary travel expenditures for Mayor James C.
Ledford, Jr. and Councilmember Roxana Martinez to travel to San Diego, California to attend the lnternational Council of Shopping Centers' 2016 Western Division Conference and
CITY COIINCIL MINUTES - 08/03/16 - 7PM
Deal Making on August 30 - September 1,2016, budgeted in Account Nos. 101'10001-710001 and 10110001-710004. (Staff Reference: City Manager Pudee)
Motion: Move to approve the recommendations and findings on all items listed under this Consent Calendar. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councilmember Dispenza.
B. PUBLIC HEARING:
8.'1 Public hearing to: 1) Hear public comment and review a proposal to amend the City's 2008-2009 Action Plan to program Neighborhood Stabilization Program (NSP) Program lncome funds of $523,630 received from the sale of five NSP assisted properties; 2) Add an activity under Project 2008-006 for acquisition and rehabrlìtation of a property; and 3) to authorize the City Manager or his designee to sign all documents necessary to amend said Action Plan and obtain HUD approval. (Staff Reference: Director of Neighborhood Services Miller)
Senior Housing Coordinator Reyes presented the staff report.
Mayor Ledford opened the public hear¡ng.
Testimony: None.
Motion: Move to close the Public Hearing. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councrlmember Dispenza.
Motion: Move to approve the recommendations and findings as listed in the staff repod. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
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Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Councilmember Dispenza.
SPECIAL REPORT:
9.1 Discussion and possible direction to staff regarding the Adult Use of Marijuana Act ("AUMA"). (Staff Reference: City Attorney Ditzhazy)
Assistant City Attorney Doran presented the staff report.
There was Council discussion.
City Attorney Dilzhazy stated that there will be changes to our ordinance based on new law and he will look at all phases and private use.
Mayor Pro Tem Hofbauer asked if this will go into effect after the election and Assistant City Attorney Doran stated he will come back with that information.
Public Comments: Mr. Marty Scepan opposed; Mr. Cesar Rivera Magallon presented a handout to Council and opposed; Ms. Waunette Cullors, Pueblo Y Salud, opposed; Mr. Khamal Al-Khatib, Executive Director of Guidance Chader School, opposed; Gìenn Winklestein would like to be involved with city staff regarding discussions, dispensaries, labs and he would like to be kept informed.
Direction was given to staff to continue to track distribution, cultivation and testing, pubìic impact, and taxation.
10. APPOINTMENTS:
1 0.1 Mayor's nomination, Council approval, and appointment of Angela French as Planning Commissioner, in District 1 for a term to expire in June of 2018. (Staff Reference: City Clerk Smith)
Mayor Ledford spoke about his nominee, Angela French, and her background.
Public Comments French.
CITY COLINCIL MINUTES - 08/03/16 - 7PM
Motion: Appoint Angela French as Planning Commissioner in District 1 for a term to expire in June of 2018. Moved by Mayor Pro Tem Hofbauer, seconded by Councilmember Martinez.
Vote: Motion carried (4-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Thompson, Councilmember Martinez. Abseni: Councilmember Dispenza.
Mayor Ledford recessed to the Successor Agency meeting at this iime.
11. NON-AGENDA ITEMS - PUBLIC COMMENTS
Heard jointly with Successor Agency 7 p.m. meet¡ng.
Public Comments: Mr. Marty Scepan spoke regarding abandoned houses in the neighborhood. Mayor Ledford directed Mr. Scepan to City Manager Purtee. Ms. Waunette Cullors spoke regarding the Antelope Valley pageants. Ms. Rossall of Westside Union School District thanked Council for their generous offer to utilize the park space adjacent to Esperanza school and invited Council to stop by Cottonwood school on Monday at 7:30 a.m. for their grand opening. A couple spoke regarding a Rancho Vista house on the golf course and stated neighbors have no trash service and Mayor Ledford referred them to City Manager Purtee to handle. Brayden Quarry of Antelope Valley Film Commission spoke regarding the Annual Palmdale Founders Celebration and Mayor Ledford asked him to continue to work with City Manager Purtee. Mr. Barry Seavers spoke regarding homeless at Courson Park and Council directed City Manager Purtee to check into this problem.
12, INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT PUBLIC EXPENSE,
Councilmember Martinez - attended the Palmdale Chamber of Commerce and the Hispanìc Chamber of Commerce events where the Mayor gave the State of the City Address, spoke about Metrolink; and attended the Palmdale Sister City fundraiser.
Mayor Ledford - announced the State of the City address happening now at the Chambers; talked about business community outreach; spoke about the Sanitation districts; attended Palmdale Aerospace
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Academy meeting and talked about the new school; attended Antelope Valley Air Quality Management District meeting; and attended Palmdale Recycled Water Authority meeting.
Councilmember Thompson - Attended Palmdale Recycled Water Authority meeting; attended the Antelope Valley Transit Authority meeting; attended emergency meeting wlth Assemblyman Lackey for the African American Committee; attended the Todd Davis football camp; and attended all three Chamber meetings.
Mayor Pro Tem Hofbauer - Thanked Westside School District Board for attending tonight; attended the Antelope Valley Transit Authoriiy meeting; attended Palmdale Sister City dance; attended Southern California Association of Governments Emergency Communication lnoperable Committee meeting; participated on the Antelope Valley Transit Authority Emergency Committee; Encouraged citizens to read Proposition 47 regarding release of non-violent offenders (59); and asked that the meeting be adjourned in honor of Senator Sharon Runner and Mr. Lou Bozigian.
13, ADJOURNMENT:
Mayor Ledford adjourned the meeting at 9:20 p.m., in honor of State Senator Runner and Mr. Lou Bozigian, to September 7, 2016 at 5:00 P.M. in the City Hall Council Chamber located at 38300 Siena Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 7th day of September 2016.
James C. Ledford, Jr., Mayor
ATTEST: