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Page 1: 5PM Ledford, Mayor

CITY COLINCIL MINUTES - 08/03/16 - 5PM Page 1 of5

CITY COUNCIL MINUTES. O8iO3/16 .sPMCITY HALL COUNCIL CHAMBER

38300 SIERRA HIGHWAY, SUITE BPALMDALE, CALIFORNIA

AUGUST 3,2016AGENDA NO. I37O

www.cityofpalmdale.org

1. CALLTO ORDER

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 andCouncilmember Dispenza.Moved by Councilmember Thompson, seconded by CouncilmemberM artinez.

Vote: Motion canied (3-0)Yes: MayorLedford, CouncilmemberThompson, CouncilmemberMartinez-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) tobe 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 ofconferring with and/or receiving advice from the City's legal

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counsel and to receive dìrection from the City Councilregarding the following pending litigation to which the City is aparty:

S.P., a minor, by and through her guardian ad litem,William Perry, et al. v. City of PalmdaleUnited States District Court - Central District of CaliforniaCase No.2:16-CV-04600

This closed session is being held pursuant to the authority ofCalifornia Government Code Sections 54956.9 (dX1).

Closed session is recommended because the City will assessthe merits and weaknesses of this matter and consider theCity's perspective. Based on existing facts andcircumstances it is the opinion of the City Attorney that it

would prejudice the position of the City to discuss this matterin public.

4.2 the reason for holding a closed session is for the purpose ofconferring with and/or receiving advice from the City's legalcounsel and to receive direction from the City Councilregarding the possible initiation of litigation by the City.

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATEDLITIGATIONlnitiation 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 assessthe merits of this matter and consider the City's perspeciive.Based on existing facts and circumstances it is the opinion ofthe City Attorney that it would prejudice the position of theCity to discuss this matter in public or to disclose further thecircumstances in this potential case; such disclosure mayharm settlement attempts or other efforts to resolve thematter without litigation.

4.3 The reason for holding a closed sesslon is for the purpose ofconferring with and/or receiving advice from the City's legalcounsel and to receive direction from the City Councilregarding the following pending litigation to which the City is aparty:

Carmen Contreras Melgar vs. City of Palmdale, et al.Los Angeles County Superior Court, Case No. MC 025453

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This closed session is being held pursuant to the authority of

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California Government Code Sections 54956.9 & 54956.9(d)(1 ).

Closed session is recommended because the City will assessthe merits and weaknesses of this matter and consider theCity's perspective. Based on existing facts andcircumstances it is the opinion of the City Attorney that itwould prejudice the position of the City to discuss this matterin public.

4.4 the reason for holding a closed session is for the purpose ofconferring with and/or receiving advice from the City's legalcounsel and to receive direction from the Council regardingpossible litigation to which the City may be a party as follows:

One Matter: Possible civil litigation arising from the followingTort Claim filed against the Clty of Palmdale:

(1) Claìmant: Francis SperlingCity Claim No.: 2016-035Date of Loss: January 2 and 10, 2016Date Filed: June 9, 20'16

This closed session is being heìd pursuant to the authority ofCalifornia Government Code Section 54956.9 & 54956.9(b)(3XC)

Closed session is recommended because the City will assessthe merits and weaknesses of this matter and consider theCity's perspective. Based on existing facts andcìrcumstances it is the opinion of the City Attorney that itwould prejudice the position of the City to discuss this matterin public or to disclose further the circumstances in thispotential case; such disclosure may harm settlement attemptsand other efforts to resolve the matter without litigation.

4.5 The reason for holding a closed session is for the purpose ofconferring wiih and/or receiving advice from the City's legalcounsel and to receive direction from the City Councilregarding the following pending litigation to which the City is aparty:

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 ofCalifornia Government Code Sections 54956.9 & 54956.9(a)

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and (dx1)

NOTE: The Palmdale City Attorney's Office will not participatein this matter or any closed session thereon due to a conflictof interest, The matter is currently being handled by outsidecounsel, Scott E. Porter, Esq.

Ã

Closed session is recommended because the City will assessthe merits and weaknesses of this matter and consider theCity's perspective. Based on existing facts andcircumstances it is the opinion of the Cìty Attorney that itwould prejudice the position of the City to discuss this matterin public.

CLOSED SESSION.

Closed session was held from 5:05 p.m. - 6:15 p.m.

Mayor Pro Tem Hofbauer arrived at 5:06 p.m

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

Closed Session.

City Attorney Ditzhazy statedCouncilmembers were present.absent.

the Mayor and three CityCouncilmemberDispenza was

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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 thiscase and provided unanimous direction thereon. No furtherreportable action at this time.

Item 4.2 CC - One Matter / Possible Litigation - The City Councilwas 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. / PendingLitigation - The City Council was apprised of the status of this caseand provided unanimous direction thereon. No further reportableaction at this time.

Item 4.4 CC - One Matter: Claim No, 2016- 035 / Francis Sperling /Possible Litigation - The City Council ratified the City Attorney'srejection of this claim. No further reportable action at this time.

Item 4.5 CC - Charlton Weeks, LLP v. City of Palmdale, et al. - ln

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closed session the City Council approved a draft settlementagreement subject to finalization by outside counsel, Scott Porterand 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 3,2016at 7:00 p.m. in the City Hall Council Chamber located at 38300Siena Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 7th day of September2016.

James C. Ledford, Jr., Mayor

ATTEST:

Rebecca J. Smith, City Clerk

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CITY COUNCIL MINUTES - O8/O3i 16 - 7PM

ctTY couNctL MTNUTES - 08/03/16 - 7PMCITY HALL COUNCIL CHAMBER

38300 SIERRA HIGHWAY, SUITE BPALMDALE, CALIFORNIA

AUGUST 3, 2016AGENDA NO. 137I

www.cityof pal mdale.o rg

1. CALLÏO ORDER.

Mayor Ledford called the meeting to order at 7:00 p,m

PLEDGE OF ALLEGIANCE AND MOMENÏ OF SILENCE INHONOR OF OUR TROOPS.

Christian Chin, United States Marine Veteran, led the pledge ofallegiance.

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 CouncilmemberThompson.

Vote: Motion carried (4-0)Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, CouncilmemberThompson, Councilmember Madinez.Absent: Councilmember Dispenza.

4. PRESENTATION:

4.1 Presentation to Mayor and Council of a check from JorgeVentura, Ventura Graphix to benefit Gabriel's House.

Jorge Ventura spoke and presented Councìl with a $2,700check.

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4.2 Presentation by Mayor and Council of Certificates ofRecognition to members of the Devil Pups and Devìl PupsEagles in recognition of their successful completion of theDevil Pups Program. Representatives from CongressmanSteve Knight's office, State Senator Sharon Runner's office,Assemblyman Tom Lackey's office, Los Angeles CountySupervisor Antonovich's office, and Antelope Vaìley Collegewill also make their presentations.

DEVIL PUPS

. Bryce Rocha

. Brandon Guy

. Andrew Rodriguez

. Mark Jordan

. Cort Kirkpatrick

. Tim Beltran

. Abrill Armenta

. Miguel Armenta

. Karen Lorenzana

EAGLES

. Bryan Haines

. Gabriela Castro

Mr. Eric Lewis spoke and introduced Richard Lindseythe President of Devil Pups.

4.3 Presentation by Mayor and Council of Cedificates ofRecognition to the incoming 2016 Miss Latina AV Court:

. Miss Maria Kyupelyan

. Junìor Miss Jenifer Deras

. Little Miss Carlina Frazier

5. WAIVER OF FULL READING OF RESOLUTION(S) andORDINANCE(S):

Motion: Move to waive full reading of the Resolution(s) and/orOrdinance(s) to be considered and voted on at this meeting.Moved by Mayor Pro Tem Hofbauer, seconded by CouncilmemberMartinez.

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

6. CONSENT CALENDAR - PUBLIC COMMENTS ONLY:

N one.

7. CONSENTCALENDAR:

7.1 ADOPT RESOLUTION CC 2016-073, A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF PALMDALERATIFYING AND APPROVING ALL CITY OF PALMDALEWARRANTS ISSUED AND VOIDED ON BEHALF OF THECITY OF PALMDALE SINCE THE LAST CITY WARRANTREGISTER DATED MAY 30, 2016 AND PAYROLLREGISTER DATED MAY 19, 2016 AND APPROVED BYTHE CITY COUNCIL ON JULY 6, 2016. (Staff Reference:Finance Manager Johnston)

7.2 Accept the monthly report on the investment balances asreported 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 asreported 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, appealsand forecasting propefty tax revenue in an amount not toexceed $45,750 for a three year term wìth the optìon toextend 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 SteveHofbauer to travel to Long Beach, California to attend theLeague of California Cities' 2016 Annual Conference onOctober 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: CityManager 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: CityClerk Smith)

7.8 Approve and enter into Contract Amendment No. 1 withKosmont & Associates, lnc. for Financial Advisory Servicesfor the Oasis Project, which wilì increase the contract amountby $50,000.00, which will increase the total not to exceedamount to $75,000, Agreement No. A-5325. (StaffReference: Director of Economic & Community DevelopmentOyler)

7.9 Approve and enter into Contract Amendment No. 10 with theCounty of Los Angeles for the Workforce lnvestment Act(WlA) Adult and Dislocated Worker Programs for the SouthValley 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 withWithers & Sandgren to provide ongoing landscapearchitectural 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 withAntelope 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 PublicWorks Mischel)

7.12 Accepl completed Capital Project No, 684, McAdam ParkPool lmprovement Project, from MJS Constructìon, lnc., andauthorize the Director of Public Works to file a Notice ofCompletion, Agreement No. A-5225. (Staff Reference:Director of Public Works Mischel)

7.13 ADOPT RESOLUTION NO. CC 2016-074, A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF PALMDALE OFCONSIDERATION TO ALTER THE FACILITIESAUTHORIZED TO BE FINANCED BY THE CITY OFPALMDALE COMMUNITY FACILITIES DISTRICT NO. 93-1(RITTER RANCH). (Staff Reference: Director of PublicWorks Mischel)

7.14 Authorize necessary travel expenditures for Mayor James C.

Ledford, Jr. and Councilmember Roxana Martinez to travel toSan Diego, California to attend the lnternational Council ofShopping Centers' 2016 Western Division Conference and

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Deal Making on August 30 - September 1,2016, budgeted inAccount Nos. 101'10001-710001 and 10110001-710004.(Staff Reference: City Manager Pudee)

Motion: Move to approve the recommendations and findingson all items listed under this Consent Calendar.Moved by Mayor Pro Tem Hofbauer, seconded byCouncilmember 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 aproposal to amend the City's 2008-2009 Action Plan toprogram Neighborhood Stabilization Program (NSP) Programlncome funds of $523,630 received from the sale of five NSPassisted properties; 2) Add an activity under Project 2008-006for acquisition and rehabrlìtation of a property; and 3) toauthorize the City Manager or his designee to sign alldocuments necessary to amend said Action Plan and obtainHUD approval. (Staff Reference: Director of NeighborhoodServices 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 byCouncilmember 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 findingsas listed in the staff repod.Moved by Mayor Pro Tem Hofbauer, seconded byCouncilmember Martinez.

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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 AdultUse of Marijuana Act ("AUMA"). (Staff Reference: CityAttorney Ditzhazy)

Assistant City Attorney Doran presented the staff report.

There was Council discussion.

City Attorney Dilzhazy stated that there will be changes to ourordinance based on new law and he will look at all phases andprivate use.

Mayor Pro Tem Hofbauer asked if this will go into effect afterthe election and Assistant City Attorney Doran stated he willcome back with that information.

Public Comments: Mr. Marty Scepan opposed; Mr. CesarRivera Magallon presented a handout to Council and opposed;Ms. Waunette Cullors, Pueblo Y Salud, opposed; Mr. KhamalAl-Khatib, Executive Director of Guidance Chader School,opposed; Gìenn Winklestein would like to be involved with citystaff regarding discussions, dispensaries, labs and he wouldlike 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 ofAngela French as Planning Commissioner, in District 1 for aterm to expire in June of 2018. (Staff Reference: City ClerkSmith)

Mayor Ledford spoke about his nominee, Angela French, andher background.

Public CommentsFrench.

Linda Jones spoke in support of Ms.

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Motion: Appoint Angela French as Planning Commissioner inDistrict 1 for a term to expire in June of 2018.Moved by Mayor Pro Tem Hofbauer, seconded byCouncilmember 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 thisiime.

11. NON-AGENDA ITEMS - PUBLIC COMMENTS

Heard jointly with Successor Agency 7 p.m. meet¡ng.

Public Comments: Mr. Marty Scepan spoke regarding abandonedhouses in the neighborhood. Mayor Ledford directed Mr. Scepan toCity Manager Purtee. Ms. Waunette Cullors spoke regarding theAntelope Valley pageants. Ms. Rossall of Westside Union SchoolDistrict thanked Council for their generous offer to utilize the parkspace adjacent to Esperanza school and invited Council to stop byCottonwood school on Monday at 7:30 a.m. for their grand opening.A couple spoke regarding a Rancho Vista house on the golf courseand stated neighbors have no trash service and Mayor Ledfordreferred them to City Manager Purtee to handle. Brayden Quarry ofAntelope Valley Film Commission spoke regarding the AnnualPalmdale Founders Celebration and Mayor Ledford asked him tocontinue to work with City Manager Purtee. Mr. Barry Seaversspoke regarding homeless at Courson Park and Council directedCity Manager Purtee to check into this problem.

12, INFORMATIONAL REPORT FROM MAYOR AND / ORCOUNCILMEMBERS ON THEIR VARIOUS COMMITTEEMEMBERSHIPS AND MEETINGS ATTENDED AT PUBLICEXPENSE,

Councilmember Martinez - attended the Palmdale Chamber ofCommerce and the Hispanìc Chamber of Commerce events wherethe Mayor gave the State of the City Address, spokeabout Metrolink; and attended the Palmdale Sister City fundraiser.

Mayor Ledford - announced the State of the City address happeningnow 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; attendedAntelope Valley Air Quality Management District meeting; andattended Palmdale Recycled Water Authority meeting.

Councilmember Thompson - Attended Palmdale Recycled WaterAuthority meeting; attended the Antelope Valley Transit Authoritymeeting; attended emergency meeting wlth Assemblyman Lackeyfor the African American Committee; attended the Todd Davisfootball camp; and attended all three Chamber meetings.

Mayor Pro Tem Hofbauer - Thanked Westside School District Boardfor attending tonight; attended the Antelope Valley Transit Authoriiymeeting; attended Palmdale Sister City dance; attended SouthernCalifornia Association of Governments Emergency Communicationlnoperable Committee meeting; participated on the Antelope ValleyTransit Authority Emergency Committee; Encouraged citizens toread Proposition 47 regarding release of non-violent offenders (59);and asked that the meeting be adjourned in honor of Senator SharonRunner and Mr. Lou Bozigian.

13, ADJOURNMENT:

Mayor Ledford adjourned the meeting at 9:20 p.m., in honor of StateSenator Runner and Mr. Lou Bozigian, to September 7, 2016 at 5:00P.M. in the City Hall Council Chamber located at 38300 SienaHighway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 7th day of September2016.

James C. Ledford, Jr., Mayor

ATTEST:

Rebecca J. Smith, City Clerk


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