city council minutes -10/07/15 -5pm

CITY COUNCIL MINUTES - 10/07115 - 5PM

CITY COUNCIL MINUTES -10/07/15 - 5PM CITY HALL COUNCIL CHAMBER

38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA

OCTOBER 7, 2015 AGENDA NO. 1346

www.cityofpalmdale.org

1. CALL TO ORDER.

Mayor Pro Tern Dispenza called the meeting to order at 5:03 p.m.

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2. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM DISPENZA, COUNCILMEMBERS HOFBAUER, THOMPSON, AND MARTINEZ

PRESENT: Mayor Pro Tern Dispenza, Councilmember Thompson, Councilmember Martinez.

ABSENT: Mayor Ledford, Councilmember Hofbauer. Motion: Excuse the absence of Mayor Ledford and Councilmember Hofbauer. Moved by Councilmember Thompson, seconded by Councilmember Martinez.

Vote: Motion carried (3-0) Yes: Mayor Pro Tern Dispenza, Councilmember Thompson, Councilmember Martinez. Absent: Mayor Ledford, Councilmember Hofbauer.

3. CLOSED SESSION - PUBLIC COMMENTS ONLY:

None.

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.

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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 counsel and to receive direction from the City Council regarding the following pending litigation to which the City is a party:

Hasmik Gevarges. v. City of Palmdale, et al., et al. Los Angeles County Superior Court, Case No. MC 024928

This closed session is being held pursuant to the authority of California Government Code Sections 54956.9 & 54956.9(a).

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.


Jose Garcia-Rosales, et al. v. City of Palmdale, et al. Los Angeles County Superior Court, Case No. MC 024732



4.3 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 in one matter.

This closed session is being held pursuant to the authority of California Government Code Section 54956.9(c). Number of cases - One.

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Possible litigation by the City regarding a possible civil action which the City believes is not yet known to potential plaintiffs.

Closed session is recommended because the City will assess the merits 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 positions of the City to discuss these matters in public or to disclose further the circumstances in this potential case; such disclosure may harm other efforts to resolve the matter and, it is believed possible defendants are unaware of possible litigation.


Nabil Allah v. City of Palmdale; Palmdale Water District, et al. Los Angeles County Superior Court, Case No. MC024742




Suzanne Allen, et al. vs. Antelope Valley Transportation Agency, et al. Los Angeles County Superior Court, Case No. MC BC519460


Closed session is recommended because the City will assess the merits and weaknesses of this matter and consider the

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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.

5. CLOSED SESSION.

Councilmember Hofbauer arrived at 5:04 p.m.

Closed session was held from 5:05 p.m. - 7:00 p.m.

6. ANNOUNCEMENT BY CITY ATTORNEY of item(s) discussed in Closed Session.

City Attorney Ditzhazy stated four City Councilmembers were present and Mayor Ledford was absent.

Item 4.1 CC - Hasmik Gevarges. v. City of Palmdale, et al., et al. I Pending Litigation - The City Council was apprised of a pending settlement in this matter and the proposed terms thereof. No further reportable action at this time.

Item 4.2 CC - Jose Garcia-Rosales, et al. v. City of Palmdale, et al. I Pending Litigation - The City Council was apprised of the status of this case. No further reportable action at this time.

Item 4.3 CC - One Item I Possible Litigation - In closed session the City Council was advised of the status of this possible litigation. No further reportable action at this time.

Item 4.4 CC - Nabil Allah v. City of Palmdale; Palmdale Water District, et al. I Pending Litigation - The City Council was apprised of a pending settlement in this matter and the proposed terms thereof. No further reportable action at this time.

Item 4.5 CC - Suzanne Allen, et al. vs. Antelope Valley Transportation Agency, et al. I Pending Litigation - The City Council was apprised of a pending settlement in this matter and the proposed terms thereof. No further reportable action at this time.

7. NON-AGENDA ITEMS - PUBLIC COMMENTS:

None.

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8. ADJOURNMENT:

Mayor Pro Tern Dispenza adjourned the meeting at 7:05 p.m. to October 7, 2015 at 7:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 2nd day of December.

James C. Ledford, Jr., Mayor

ATTEST:

Rebecca J. Smith, City Clerk

CITY COUNClL MINUTES - 10/07/15 - 7PM

CITY COUNCIL MINUTES -10/07/15 - 7PM CITY HALL COUNCIL CHAMBER

38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA

OCTOBER 7, 2015 AGENDA NO. 1347

www.cityofpalmdale.org

1. CALL TO ORDER.

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Mayor Pro Tern Dispenza called the meeting to order at 7:05 p.m.

2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS.

Boy Scouts Troop 555 led the pledge of allegiance.

3. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM DISPENZA, COUNCILMEMBERS HOFBAUER, THOMPSON, AND MARTINEZ

PRESENT: Mayor Pro Tern Dispenza, Councilmember Hofbauer, Councilmember Thompson, Councilmember Martinez.

ABSENT: Mayor Ledford. Motion: Excuse the absence of Mayor Ledford. Moved by Councilmember Hofbauer, seconded by Councilmember Martinez.

Vote: Motion carried (4-0) Yes: Mayor Pro Tern Dispenza, Councilmember Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Mayor Ledford.

4. PRESENTATION:

4.1 Presentation to Mayor and Council of tokens of appreciation from the Special Olympic teams of Cyprus and St. Lucia. Presented by Special Olympics Antelope Valley Area Director Deneese Thompson.

Item 4.1 was rescheduled to November.

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4.2 Presentation by Mayor and Council of Certificates of Recognition to members of the Los Angeles Sheriff's Department, Palmdale Station in recognition of their high level of professionalism and excellent demonstration of decision making while protecting our community and its residents. • Deputy Donald Chavez • Deputy Scott Leaf • Deputy David Ibanez • Deputy Corey Reddy • Detective Nelson Rio • Detective Anthony Delia •Deputy Desiree Sanchez • Deputy Michael Suarez • Detective Layne Arnold • Deputy Dale Lovvik •Deputy Steve Quiroz • Deputy David Roach • Deputy Oleg Polissky • Deputy Erich Marbach • Deputy Brett Nolin ·Deputy Matthew Rickards • Deputy Bresciani •Deputy Cody Larocco • Sergeant Eric Eitner • Lieutenant Frank Quichocho • Deputy Scott Sorrow • Deputy Sheila Haywood •Deputy Justin Auldridge

4.3 Presentation by Mayor and Council of Certificates of Recognition to members of "The Amazing Save" group of first responders which includes members of the Los Angeles County Fire Department Battalion 17 and EMT's from American Medical Response in recognition of their quick response and heroic efforts that saved the life of Retired Fire Captain David Moore. • Captain Paul Stump • Engineer John Miller • Firefighter Andy Morales • Firefighter Paramedic Robert Metro • Firefighter Brad Wolfenstein •American Medical Response EMT Patrick Perez • American Medical Response EMT Drake Nolan

A presentation was made by Kim Tam & Bruce Robertson of a poem to welcome the new City Manager Purtee.

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City Manager Purtee spoke.

5. NEW BUSINESS:

5.1 Special drawing to determine the Two City Council Districts which will have 2-year terms and the Two City Council Districts which will have 4-year terms on the Palmdale City Council for the November 8, 2016 General Municipal Election. (Staff Reference: City Attorney Ditzhazy)

Public Comments: Jason Zink.

Jillian Poonoosamy, Palmdale Sister City Queen, drew each number.

Motion: Move to approve Election Districts 1 and 2 to have four-year terms and Election Districts 4 and 3 to have two-year terms for the November 8, 2015 City of Palmdale General Municipal Election. Moved by Councilmember Hofbauer, seconded by Councilmember Thompson.


6. 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 Councilmember Hofbauer, seconded by Councilmember Martinez.

Vote: Motion carried (4-0) Yes: Mayor Pro T em Dispenza, Councilmember Hofbauer, Councilmember Thompson, Councilmember Martinez. Absent: Mayor Ledford.

7. CONSENT CALENDAR - PUBLIC COMMENTS ONLY:

Marsha Furman regarding 8.11 hopes it is approved.

CITY COUNCIL MlNUTES - 10/07/15 - 7PM Page 4of8

8. CONSENT CALENDAR:

8.1 Accept the monthly report on the investment balances as reported on the City of Palmdale's books as of August 31, 2015. (Staff Reference: Finance Manager Johnston)

8.2 ADOPT RESOLUTION NO. CC 2015-128, 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 JULY 30, 2015 AND PAYROLL REGISTER DATED JULY 30, 2015 AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 2, 2015. (Staff Reference: Finance Manager Johnston)

8.3 ADOPT RESOLUTION NO. CC 2015-126, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE TO TRANSFER UNCLAIMED CHECK FUNDS FROM THEIR RESPECTIVE FUNDS TO THE GENERAL FUND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 50053. (Staff Reference: Finance Manager Johnston)

8.4 ADOPT RESOLUTION NO. CC 2015-127, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE TO RELEASE UNCLAIMED CHECKS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 50055, TO THE CITY OF PALMDALE. (Staff Reference: Finance Manager Johnston)

8.5 ADOPT RESOLUTION NO. CC 2015-130, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE, APPROVING THE APPLICATION FOR LOCAL STREETS AND ROADS FUNDS AUTHORIZED UNDER ARTICLE 8 OF THE TRANSPORTATION DEVELOPMENT ACT. (Staff Reference: Finance Manager Johnston)

8.6 Approve the Sixth Amendment to the Employment Agreement between the City of Palmdale and Wm. Matthew Ditzhazy, City Attorney, dated December 11, 2002, Agreement No. A-0188. (Staff Reference: Human Resources Manager Nevarez)

8.7 ADOPT RESOLUTION NO. CC 2015-129, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING THE TIER ONE AND TIER TWO

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CLASSIFICATION AND PAY PLANS. (Staff Reference: Human Resources Manager Nevarez)

8.8 Authorize necessary travel expenditures for Councilmember Steve Hofbauer to travel to Poncitlan, Jalisco, Mexico to represent the City of Palmdale at the Sister Cities 41 st Anniversary Celebration on October 14 - October 19, 2015, estimated expenses in the amount of $600 funded through Account No. 10110001-710003. (Staff Reference: City Manager Purtee)

8.9 ADOPT RESOLUTION NO. CC 2015-125, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE AUTHORIZING SUBMISSION OF AN APPLICATION TO REORGANIZE GENERAL-PURPOSE FOREIGN TRADE ZONE NO. 191 TO THE FOREIGN-TRADE ZONES BOARD UNDER THE ALTERNATIVE SITE FRAMEWORK. (Staff Reference: City Manager Purtee)

8.10 Approve the Foreign-Trade Zone Operator Agreement between the City of Palmdale, Grantee of Foreign-Trade Zone (FTZ) No. 191, and Michaels Stores Procurement Company, Inc., an FTZ Operator for FTZ operator services at the Michaels distribution facility, Agreement No. A-5239. (City Manager Purtee)

8.11 Award of Project No. 684, McAdam Park Pool Improvement Project, to MJS Construction, Inc., in the amount of $1,261,500, funded through multiple accounts, Agreement No. A-5225. (Staff Reference: Director of Public Works Mischel)

8.12 Accept Completed Capital Project No. 658, State Safe Routes to School - Desert Willow Intermediate School Project, from ANM Construction & Engineering, and authorize the Director of Public Works to file a Notice of Completion, Agreement No. A-4959. (Staff Reference: Director of Public Works Mischel)

8.13 Award of Project No. 713, 2015-2016 City Wide Residential Cape Seal Programs to Manhole Adjusting Incorporated, in the amount of $1,563,081, funded through Account No. S0025, Agreement No. A-5267. (Staff Reference: Director of Public Works Mischel)

8.14 Approve Multi-Way Stop Sign Installation for Technology Drive and Trade Center Drive, funded through Account No. 10133001-738410. (Staff Reference: Director of Public Works Mischel)

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8.15 Approve Budget Adjustments to the 2014-15 Fiscal Year Budget. (Staff Reference: Finance Manager Johnston)

Motion: Move to approve the recommendations and findings on all items listed under this Consent Calendar. Moved by Councilmember Hofbauer, seconded by Councilmember Martinez.


9. PUBLIC HEARING:

9.1 Public hearing and review of Proposed Ordinance No. 1473. (Staff Reference: City Attorney Ditzhazy)

Assistant City Attorney Doran presented the staff report and read the title of Ordinance No. 1473.

9.1a ORDINANCE NO. 1473, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTIONS 3.08.150, 3.08.170 AND 3.08.180 OF THE PALMDALE MUNICIPAL CODE TO REMOVE REFERENCES TO THE RECENTLY REPEALED CHAPTER 2.50 OF THE PALMDALE MUNICIPAL CODE.

Motion: Move to introduce Ordinance No. 1473. Moved by Councilmember Hofbauer, seconded by Councilmember Martinez.


Mayor Pro Tern Dispenza opened the public hearing.

Testimony: None.

Motion: Move to close the Public Hearing. Moved by Councilmember Hofbauer, seconded by Councilmember Martinez.

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Motion: Move to adopt Ordinance No. 1473. Moved by Councilmember Hofbauer, seconded by Councilmember Martinez.


Mayor Pro Tern Dispenza recessed to SA and HA 7 p.m. meetings.

10. NON-AGENDA ITEMS - PUBLIC COMMENTS:

Garry Cope regarding praise for Director of Public Works Mischel and his staff; Marsha Furman regarding October Breast Cancer Awareness month; Jason Zink welcomed new City Manager, spoke about 50th Street East reflectors, AV Hospital, and AV College; Councilmember Hofbauer spoke about trauma center; Casey Otovale presented AB2188 handout regarding solar permits and spoke about permits and inspection; Thomas Halloran regarding AB2188, ordinance and permitting; Councilmember Hofbauer stated an ordinance is in the works regarding permitting.

11. INFORMATIONAL REPORT FROM MAYOR AND I OR COUNCILMEMBERS ON THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT PUBLIC EXPENSE.

Miss Latina AV Frida Gonzalez introduced herself.

Councilmember Thompson - Stated he had no informational report.

Councilmember Hofabuer - Attended Kiwanis Duck Race; attended event with Mayor and staff at Northrop Grumman and they had a special ceremony where they received the Center of Excellence for Zero Waste award; attended 911 Highland High School ROTC event; attended Fallen Heroes Ceremony at AV Mall; attended AV International Heritage Picnic; attended Antelope Valley Transit Authority meeting; attended POW/MIA ceremony; attended Tamale

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Festival at Desert Sands Park ; attended press event for Brass Butt charity ride that will be this Sunday, and Fallen Heroes Ride will be on Sunday; attended League of California Cities meeting; and attended Desert Mountain and Inland Empire joint meeting.

Councilmember Martinez - Attended the fundraiser at the Palmdale Playhouse and the Palmdale Luncheon for the State of City address.

12. ADJOURNMENT:

Mayor Pro Tern Dispenza adjourned the meeting at 8:30 p.m. to November 4, 2015 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 2nd day of December.


ATTEST:


CITY COUNCIL MINUTES - 10/21/15 - 5PM

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Mayor Ledford called the meeting to order at 5:00 pm.

2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS.

PRESENT: Mayor Ledford, Mayor Pro Tern Dispenza, Councilmember Hofbauer, Councilmember Thompson, Councilmernber Martinez.

ABSENT: None.

4. WAIVER OF FULL READING OF RESOLUTION:

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 Councilmernber Hofbauer, seconded by Mayor Pro Tern Dispenza.

Vote: Motion carried (5-0) Yes: Mayor Ledford, Mayor Pro Tern Dispenza, Councilmember Hofbauer, Councilrnernber Thompson, Councilrnernber Martinez.

5. NEW BUSINESS:

5.1 Adoption of Resolution No. CC 2015-137. (Staff Reference: City Attorney Ditzhazy)

Director of Administrative Services Ambrose presented the staff report and read the title of Resolution No. CC 2015-137.


Page 2 of 4

Mayor Ledford asked questions regarding intensity of the storm. Director of Administrative Services Ambrose responded she heard from the media that it was a 1,000 year storm. Mayor Ledford asked if the Resolution will help with recovery and possible funds. Director of Administrative Services Ambrose answered hopefully will help trigger other resources and she stated all agencies are assessing the damage and this is helping to get a clear picture of the level and scope of the disaster. Mayor Ledford thanked staff for their efforts. Councilmember Hofbauer stated this does not automatically trigger county, state, or federal relief and Director of Administrative Services Ambrose answered "That is correct.'

5,1a ADOPT RESOLUTION NO. CC 2015-137, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' PROCLAMATION OF A LOCAL EMERGENCY RESULTING FROM THE WEST LAKE INCIDENT.

Public Comments: Brian Johnson regarding property damage as a result of the West Lake incident.

Councilmember Martinez and Councilmember Hofbauer spoke about assessing situation for our community.

Public Comments: The following residents spoke regarding property damage as a result of the West Lake incident: Mark Irwin, Jay Folk, and Brook Folk.

Councilmember Hofbauer asked City Manager Purtee if we are going to get a damage assessment report. City Manager Purtee stated a report is being gathered from residents and we are assessing how water was directed and looking at how neighborhoods are designed.

Public Comments: Martha Manning regarding Public Works Department safety standards; the following residents spoke regarding property damage as a result of the West Lake Incident: Christy Lias, Chris Esca, Cathy Fisher, and Gary Poser; and resident, name unknown, thanked the American Red Cross.


Page 3 of 4

Director of Administrative Services Ambrose spoke about Red Cross Services during this disaster.

Motion: Move to adopt Resolution No. CC 2015-137. Moved by Councilmember Martinez, seconded by Mayor Pro Tern Dispenza.

Vote: Motion carried (5-0) Yes: Mayor Ledford, Mayor Pro Tern Dispenza, Councilmember Hofbauer, Councilmember Thompson, Councilmember Martinez.

5.2 Approve budget adjustments relating to the West Lake Incident to the 2015-2016 fiscal year budget. (Staff Reference: Finance Manager Johnston)

Finance Manager Johnston and Director of Public Works Mischel presented the staff report.

Public Comments: Bray regarding property damage as a result of the West Lake incident.

Motion: Move to approve Item 5.2. Moved by Councilmember Hofbauer, seconded by Mayor Pro Tern Dispenza.

Vote: Motion carried (5-0) Yes: Mayor Ledford, Mayor Pro Tern Dispenza, Councilmember Hofbauer, Councilmember Thompson, Councilmember Martinez.

Mayor Ledford spoke to the residents about the disaster caused by the West Lake incident.

City Manager Purtee spoke.

Councilmember Martinez spoke about community coming together.

City Manager Purtee thanked staff.


Page 4 of 4

Mayor Ledford adjourned the meeting at 6:10 p.m.

PASSED, APPROVED, and ADOPTED this 2nd day of December


ATTEST:


city council minutes -10/07/15 -5pm

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