CC/SA MINUTES -10/06/2020 - 5PM & 7PM

CC/SA MINUTES -10/06/2020 - 5PM & 7PM

CC/SA MINUTES -10/06/2020 - 5PM & 7PM

CITY HALL COUNCIL CHAMBER

38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA

TUESDAY, OCTOBER 06, 2020

05:00 P.M.

www.cityofpalmdaleca.gov

WELCOME

5:00 P.M. City Council Closed Session 7:00 P.M. City Council (CC); Successor Agency (SA)

IMPORTANT PUBLIC HEALTH AND SAFETY MESSAGE REGARDING PARTICIPATION AT CITY COUNCIL MEETINGS

As a result of the COVID-19 emergency, and resulting orders and direction from the President of the United States, the Governor of the State of California, and the County of Los Angeles Department of Public Health, as well as the City of Palmdale emergency declaration, the public will not be permitted to physically attend the City Council meeting. Councilmembers may choose to participate via conference call. How to Observe the Meeting: 1) Spectrum local access Channel 27 2) Online live webcast at cityofpalmdale.org. How to Submit Public Comments through Palmdale eComments on this Agenda: Note: Public Comments submitted will become part of the official meeting record. 1)Go to the Agendas & Minutes webpage at https://cityofpalmdale.org/310/City-Council-Meetings and find this meeting under Upcoming Events; 2) Click on the eComment button; and 3) Scroll through the agenda to find the agenda item for which you would like to provide a comment and submit your comment. Please note: The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access. In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to participate in this meeting, please call the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.

1. CALL TO ORDER 5:00 P.M. CLOSED SESSION MEETINGS.

2. ROLL CALL: MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS BETTENCOURT, CARRILLO, AND BISHOP

3. PUBLIC COMMENTS RECEIVED ON CLOSED SESSION ITEMS 4.1 THROUGH 4.4.

4. PRESENTATION BY CITY ATTORNEY of the following item to be discussed in Closed Session:

4.1 The reason for holding a Closed Session is for the purpose of obtaining authorization and direction from the City Council to its designated negotiator regarding the possible acquisition of property interests in the following properties, generally located along 40th Street East and Avenue S-8:

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 Initiation of litigation 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 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 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 Session is for the purpose of conferring with and/or receiving advice from the City's legal counsel regarding the following pending litigation to which the City is a party: City of Palmdale, et al. v. Westwind Enterprises LLC, et al. Los Angeles County Superior Court Case No. 19AVCV00653 This Closed Session is being held pursuant to the authority of California Government Code Sections 54956.9(a) and 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 City Council regarding the possible initiation of litigation by the City. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation 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 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 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.

5. CLOSED SESSION.

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

7. ADJOURN 5:00 P.M. CLOSED SESSION MEETING.

8. CALL TO ORDER 7:00 P.M. CC/SA MEETINGS.

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

10. ROLL CALL: MAYOR / CHAIR HOFBAUER, MAYOR PRO TEM / VICE CHAIR LOA, COUNCILMEMBERS / DIRECTORS BETTENCOURT, CARRILLO, AND BISHOP

11. PRESENTATIONS:

11.1 A presentation was made by Palmdale Kiwanis West members Richard Olmstead and Alan Hefter to City Manager Murphy of the Community Service Award.

11.2 City Manager Murphy presented the City of Palmdale's Warrior Award to Rene Montano, Information Technology Technician.

11.3 Mayor, City Council and City Manager Murphy presented a Commendation to John Parsamyan owner of Armed Services Autobody naming him City of Palmdale's Veteran of the Year.

11.4 A presentation was made by Mayor and Council of a Proclamation proclaiming the month of October as Crime Prevention Month in the City of Palmdale.

11.5 Mayor and Council presented a picture of a cute critter that is available for adoption from our Palmdale Animal Care Center.

12. WAIVER OF FULL READING OF RESOLUTION(S) and/or ORDINANCE(S): Staff Recommendation: Move to waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (Voice Vote - Requires a majority to waive.)

13. PUBLIC COMMENTS RECEIVED ON CONSENT CALENDAR ITEM NOS. 14.1 THROUGH 14.9 AND NON-AGENDA ITEMS. Staff Recommendation: Move to approve the recommendations and findings on all items listed under this Consent Calendar. (Voice Vote - Requires a majority vote to approve.)

14. CONSENT CALENDAR:

14.1 CC/SA – Accept the monthly investment activity report for City of Palmdale and Successor Agency for August 2020. (Staff Reference: Finance Manager Kang)

ATTACHMENT TO ITEM 14.1

14.2 CC – Authorize the application submission for the Pacific Library Partnership, Lunch at the Library Grant Program in the amount of $60,000. (Staff Reference: Director of Parks and Recreation Smith)

ATTACHMENT TO ITEM 14.2

14.3 CC – Approve the First Amendment with Silver & Wright LLP for Legal Services in the amount of $200,000, Agreement No. A-6400. (Staff Reference: City Attorney Beck)