City Council

EMERGENCY PUBLIC MEETING PROCEDURE DUE TO COVID-19 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 temporary Health Officer Order, effective Tuesday, December 1, 2020, the Palmdale City Council Chamber will be closed to the public, until further notice. Councilmembers may choose to participate via webcast. How to Observe the Meeting: 1. Spectrum local access Channel 27 2. Online live webcast at www.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) Click 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; 4) The cut off times are one hour prior to the time listed on the printed agenda (e.g: 6:00 p.m. meeting cut-off is 5:00 p.m.) CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 38300 SIERRA HIGHWAY SUITE B PALMDALE, CA 93550 TUESDAY, FEBRUARY 16, 2021 6:30PM & 7:00PM www.cityofpalmdale.org WELCOME City Council Tuesday, February 16, 2021 1

2) VERBAL PUBLIC COMMENT DURING THE MEETING – (ZOOM Number: US: +1 669 900 9128 Webinar ID: 916 7339 9955 Passcode: 203591 Webinar attendee link https://zoom.us/j/91673399955?pwd=OVdZWDdrWWl4aytpSWpVMnR1cWdYQT09. Verbal comments must be limited to 3 minutes. The safety and well-being of employees and the public remains the City's top priority. The City of Palmdale appreciates your patience and understanding during these challenging times. 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 6:30 PM CLOSED SESSION MEETING. 2. ROLL CALL: MAYOR HOFBAUER, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS CARRILLO, LOA, AND BISHOP 3. CLOSED SESSION PUBLIC COMMENTS. Note: Your comments will become part of the official meeting record. 4. PRESENTATION BY CITY ATTORNEY of the following item(s) to be discussed in Closed Session: 4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION CV Communities, et al. v. Antelope Valley-East Kern Water Agency, et al. Los Angeles County Superior Court Case No. 20STCV10953 This closed session is being held pursuant to the authority of California Government Code Sections 54956.9(a) and 54956.9(d)(1). 5. CLOSED SESSION 6. ANNOUNCEMENT BY CITY ATTORNEY of item(s) discussed in Closed Session. City Council Tuesday, February 16, 2021 2

7. ADOURN CLOSED SESSION MEETING. 8. CALL TO ORDER 7:00 PM CITY COUNCIL MEETING. 9. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS 10. ROLL CALL: MAYOR HOFABUER, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS CARRILLO, LOA, AND BISHOP. 11. WAIVER OF FULL READING OF RESOLUTION(S) and 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.) 12. PUBLIC COMMENTS. Note: Your comments will become part of the official meeting record. For Non-Agenda Items, Individuals have the opportunity to address the Council on any subject regarding City business not on the Agenda. Under state legislation, no action can be taken on items not specifically referenced on the Agenda. PLEASE NOTE: A three-minute time limit will be imposed on each speaker other than staff members. 13. CONSENT CALENDAR: NOTICE: All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda. 13.1 Approve third amendment to legal services agreement (A-6240) between the City of Palmdale and Richards, Watson & Gershon. (Staff Reference: City Attorney Beck) 14. WORKSHOP PRESENTATION: 14.1 Economic Development Update (Staff Reference: Economic Development Manager Garibay) Staff Recommendation: No Action 15. PUBLIC HEARING: 15.1 Public Hearing and Review of Proposed Ordinance No. 1561 for adoption. (Staff Reference: City Attorney Beck) City Council Tuesday, February 16, 2021 3

ORDINANCE NO. 1561, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING THE PALMDALE MUNICIPAL CODE SECTION 2.08.030 REGARDING APPOINTMENTS TO BOARDS AND COMMISSIONS BY THE CITY COUNCIL Staff Recommendation: Adopt Ordinance No. 1561 Amending the Palmdale Municipal Code Section 2.08.030 regarding appointments to Boards and Commissions by the City Council. 16. NEW BUSINESS: 16.1 Information Item: Review and receive report on the function of the City Attorney as the City Prosecutor (Staff Reference: City Attorney Beck) Staff Recommendation: Review and receive report. 17. ADJOURNMENT. City Council Tuesday, February 16, 2021 4

EMERGENCY PUBLIC MEETING PROCEDURE DUE TO COVID-19 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 temporary Health Officer Order, effective Tuesday, December 1, 2020, the Palmdale City Council Chamber will be closed to the public, until further notice. Councilmembers may choose to participate via webcast. How to Observe the Meeting: 1. Spectrum local access Channel 27 2. Online live webcast at www.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) Click 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; 4) The cut off times are one hour prior to the time listed on the printed agenda (e.g: 6:00 p.m. meeting cut-off is 5:00 p.m.) CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 38300 SIERRA HIGHWAY SUITE B PALMDALE, CA 93550 TUESDAY, FEBRUARY 16, 2021 6:30PM & 7:00PM www.cityofpalmdale.org WELCOME City Council Tuesday, February 16, 2021 1

2) VERBAL PUBLIC COMMENT DURING THE MEETING – (ZOOM Number: US: +1 669 900 9128 Webinar ID: 916 7339 9955 Passcode: 203591 Webinar attendee link https://zoom.us/j/91673399955?pwd=OVdZWDdrWWl4aytpSWpVMnR1cWdYQT09. Verbal comments must be limited to 3 minutes. The safety and well-being of employees and the public remains the City's top priority. The City of Palmdale appreciates your patience and understanding during these challenging times. 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 6:30 PM CLOSED SESSION MEETING. 2. ROLL CALL: MAYOR HOFBAUER, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS CARRILLO, LOA, AND BISHOP 3. CLOSED SESSION PUBLIC COMMENTS. Note: Your comments will become part of the official meeting record. 4. PRESENTATION BY CITY ATTORNEY of the following item(s) to be discussed in Closed Session: 4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION CV Communities, et al. v. Antelope Valley-East Kern Water Agency, et al. Los Angeles County Superior Court Case No. 20STCV10953 This closed session is being held pursuant to the authority of California Government Code Sections 54956.9(a) and 54956.9(d)(1). 5. CLOSED SESSION 6. ANNOUNCEMENT BY CITY ATTORNEY of item(s) discussed in Closed Session. City Council Tuesday, February 16, 2021 2

7. ADOURN CLOSED SESSION MEETING. 8. CALL TO ORDER 7:00 PM CITY COUNCIL MEETING. 9. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS 10. ROLL CALL: MAYOR HOFABUER, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS CARRILLO, LOA, AND BISHOP. 11. WAIVER OF FULL READING OF RESOLUTION(S) and 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.) 12. PUBLIC COMMENTS. Note: Your comments will become part of the official meeting record. For Non-Agenda Items, Individuals have the opportunity to address the Council on any subject regarding City business not on the Agenda. Under state legislation, no action can be taken on items not specifically referenced on the Agenda. PLEASE NOTE: A three-minute time limit will be imposed on each speaker other than staff members. 13. CONSENT CALENDAR: NOTICE: All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda. 13.1 Approve third amendment to legal services agreement (A-6240) between the City of Palmdale and Richards, Watson & Gershon. (Staff Reference: City Attorney Beck) 14. WORKSHOP PRESENTATION: 14.1 Economic Development Update (Staff Reference: Economic Development Manager Garibay) Staff Recommendation: No Action 15. PUBLIC HEARING: 15.1 Public Hearing and Review of Proposed Ordinance No. 1561 for adoption. (Staff Reference: City Attorney Beck) City Council Tuesday, February 16, 2021 3

ORDINANCE NO. 1561, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING THE PALMDALE MUNICIPAL CODE SECTION 2.08.030 REGARDING APPOINTMENTS TO BOARDS AND COMMISSIONS BY THE CITY COUNCIL Staff Recommendation: Adopt Ordinance No. 1561 Amending the Palmdale Municipal Code Section 2.08.030 regarding appointments to Boards and Commissions by the City Council. 16. NEW BUSINESS: 16.1 Information Item: Review and receive report on the function of the City Attorney as the City Prosecutor (Staff Reference: City Attorney Beck) Staff Recommendation: Review and receive report. 17. ADJOURNMENT. City Council Tuesday, February 16, 2021 4

City Council Staff Report DATE: FEBRUARY 16, 2021 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY’S OFFICE DISTRICT: ALL SUBJECT: APPROVE THIRD AMENDMENT WITH RICHARDS, WATSON & GERSHON FOR LEGAL SERVICES IN THE AMOUNT OF $100,000 FOR A TOTAL CONTRACT AMOUNT OF $600,000. ISSUE Approve the Third Amendment to Legal Services Agreement between the City of Palmdale and Richards, Watson & Gershon (A-6240) increasing the contract maximum by $100,000 for a total contract amount of $600,000. RECOMMENDATION Staff recommends that the City Council: 1. Approve the Third Amendment to Legal Services Agreement between the City of Palmdale and Richards, Watson & Gershon (A-6240) increasing the contract maximum by $100,000 for a total contract amount of $600,000. 2. Authorize the City Manager, or his designee to execute the Third Amendment with Richards, Watson & Gershon including making minor and non-substantive changes. BACKGROUND The law firm of Richards, Watson & Gershon has served the City for over thirty years. The original contract amount was $250,000 and effective through March 1, 2023. In May 2020, the City Council approved the First Amendment to the Agreement increasing the not-to-exceed amount by $100,000. In September 2020, the City Council approved the Second Amendment increasing the not-to-exceed agreement amount by $150,000 to $500,000. 5

Report to Mayor and City Council Re: Richards, Watson & Gershon February 16, 2021 Page 2 DISCUSSION Richards, Watson & Gershon is currently handling litigation regarding the City’s rent- control ordinance and various advisory matters. Due to several large litigation matters and numerous consultations, the Third Amendment to Legal Services Agreement A-6240 will increase the not-to- exceed agreement amount by $100,000 to a total contract amount of $600,000. This will cover the balance of the litigation, current advisory matters and any future matters. FISCAL IMPACT The Third Amendment to Legal Services Agreement A-6240 will increase the not-to- exceed agreement amount by $100,000 to $600,000, however, this amount is not guaranteed. Fees will only be paid to the extent services are provided. Funds for this agreement are currently budgeted in the City Attorney’s Office budget accounts. STRATEGIC PLAN Goal II: Ensure long-term fiscal health of the City and maintain funding for services. A. Manage resources, costs and liabilities to ensure the City’s long-term fiscal health. Prepared by: Noel Doran, Assistant City Attorney Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: J.J. Murphy, ICMA-CM, City Manager Approved as to form: Christopher Beck, City Attorney ATTACHMENT Third Amendment to Legal Services Agreement A-6240 6

THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF PALMDALE AND RICHARDS, WATSON & GERSHON (A-6240) Pursuant to Paragraph 8 of the “Agreement for Legal Services Between the City of Palmdale and Richards, Watson & Gershon (A-6240)”, (hereinafter the “Agreement”), the Agreement may only be changed in writing signed by the parties thereto. In accordance with the above stated Paragraph 8, the parties agree to increase the not- to-exceed amount by $100,000 in paragraph 4 (e) of the Agreement. This “Third Amendment to the Agreement for Legal Services Between the City of Palmdale and Richards, Watson & Gershon (A-6240)”, shall become effective on February 16, 2021. IN WITNESS WHEREOF, each of the parties have caused this “Third Amendment to the Agreement for Legal Services Between the City of Palmdale and Richards, Watson & Gershon (A-6240)” to be executed by their duly authorized representatives as set forth below. THE CITY OF PALMDALE RICHARDS WATSON & GERSHON _________________________ ______________________ Steven D. Hofbauer Craig A. Steele Mayor Shareholder ATTEST: ___________________ Shanae Smith City Clerk APPROVED AS TO FORM: _____________________ Christopher Beck City Attorney 7

Economic Development Overview 8

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Palmdale Cares Small Business Marketing Campaign 13

Palmdale Car Sales 3Q 2020 vs 3Q 2019 New Vehicle Sales Change Palmdale 16.9% LA County 7.3% State of CA 5.8% Used Vehicle Sales Change Palmdale 36.6% LA County 22.3% State of CA 11.8% 14

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City Council Staff Report DATE: FEBRUARY 16, 2021 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY’S OFFICE DISTRICT: ALL SUBJECT: ADOPT ORDINANCE NO. 1561 AMENDING THE PALMDALE MUNICIPAL CODE SECTION 2.08.030 REGARDING APPOINTMENTS TO BOARDS AND COMMISSIONS BY THE CITY COUNCIL ISSUE Adopt Ordinance No. 1561 Amending the Palmdale Municipal Code Section 2.08.030 regarding appointments to Boards and Commissions by the City Council. RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 1561 Amending the Palmdale Municipal Code Section 2.08.030 regarding appointments to Boards and Commissions by the City Council. BACKGROUND Currently, the Palmdale Municipal Code (PMC) Section 2.08.030 Mayor to make appointments reads as follows: The Mayor, with the approval of the City Council, shall make all appointments to boards, commissions and committees of the City as follows: (A) All board and commission vacancies shall be advertised, seeking volunteers willing and desiring to be appointed to fill such vacancies. Any person seeking to be so appointed must complete and submit the city volunteer application, together with any other information requested by the Mayor as appropriate for a specific board or commission. (B) All such applications shall be provided to the Mayor for review, who shall, at a regularly scheduled City Council meeting, nominate, from among such applicants, the persons whom the Mayor desires to appoint by making a motion, which need not be seconded, for each such appointment. 24

Report to Mayor and City Council Re: Council Appointments February 16, 2021 Page 2 (C) If the nomination by the Mayor is approved by a majority vote of the City Council, the Mayor may then proceed to appoint the person to the board or commission under consideration. (D) If the nomination by the Mayor is not approved by a majority vote of the City Council, the Mayor will nominate, by motion, a different candidate until someone is approved by majority vote of the City Council for the position under consideration. (E) Persons so appointed shall serve the term of office set by ordinance for such board or commission and may only be removed by a majority vote of the City Council; provided, however, for those boards or commissions for which residency in the City of Palmdale is a requirement, the appointment will automatically terminate if the person ceases to be a resident of the City. (F) This section is not applicable to appointments to the Planning Commission. (Ord. 1505 § 3, 2017; Ord. 1357 § 1, 2008) DISCUSSION On January 12, 2021, the City Council directed staff to bring back an amendment to PMC 2.08.030 that would allow each Councilmember to nominate a member to a Board or Commission. After research and review of multiple cities, it has been determined that the proposed amendment provides for flexibility while ensuring the process is fair and equitable. This also meets the desires of the Council which in hopes will reflect adequate representation of the community. Proposed Amendment PMC 2.08.030: Appointments to Boards and Commissions Unless otherwise specifically provided in this code or by State Law, the City Council shall make all appointments to boards, commissions and committees of the City as follows: (A) All board and commission vacancies shall be advertised, seeking volunteers willing and desiring to be appointed to fill such vacancies. Any person seeking to be so appointed must complete and submit the city volunteer application, together with any other information requested by the City Council as appropriate for a specific board or commission. (B) All such applications shall be provided to the City Council for review, who shall, at a regularly scheduled City Council meeting, nominate, from among such applicants, the persons whom a City Councilmember desires to appoint by making a motion which need not be seconded, for each such appointment. 25

Report to Mayor and City Council Re: Council Appointments February 16, 2021 Page 3 (C) If the nomination by the City Councilmember is approved by a majority vote of the City Council, the City Council may then proceed to appoint the person to the board or commission under consideration. (D) If the nomination by the City Council is not approved by a majority vote of the City Council, the City Council will nominate, by motion, a different candidate until someone is approved by majority vote of the City Council for the position under consideration. (E) All members of boards, commissions and committees serve at the pleasure of the City Council and are subject to removal by a majority vote of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. STRATEGIC PLAN Goal II: Ensure long-term fiscal health of the City and maintain funding for services. C. Involve and expand engagement to enhance public oversight and transparency. Prepared by: Christopher Beck, City Attorney Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: J.J. Murphy, ICMA-CM, City Manager Approved as to form: Christopher Beck, City Attorney ATTACHMENTS Ordinance 1561 26

CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 1561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING THE PALMDALE MUNICIPAL CODE SECTION 2.08.030 REGARDING APPOINTMENTS TO BOARDS AND COMMISSIONS BY THE CITY COUNCIL WHEREAS, On July 2, 2008, the City Council passed and adopted Ordinance No. 1357 that amended Section 2.08 of the Palmdale Municipal Code (PMC). WHEREAS, PMC Section 2.08.030 governs the manner in which appointments are made to boards and commissions of the City Council. WHEREAS, The method and manner of appointments pursuant to the amended PMC 2.08.030 is such that the mayor is responsible for all appointments to said boards and commissions, with ratification by the City Council. WHEREAS, Under the PMC 2.08.030, the mayor is to nominate all persons to boards and commissions, and there is no ‘second’ required for such nomination. WHEREAS, Under the PMC 2.08.030, city council members do not have the ability to nominate persons to boards and commissions. THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Amend Palmdale Municipal Code Section 2.08.030 Repeal and replace Palmdale Municipal Code Section 2.08.030 to read as follows: PMC 2.08.030: Appointments to Boards and Commissions Unless otherwise specifically provided in this code or by State Law, the City Council shall make all appointments to boards, commissions and committees of the City as follows: 27

Ordinance No. 1561 Page 2 of 3 (A) All board and commission vacancies shall be advertised, seeking volunteers willing and desiring to be appointed to fill such vacancies. Any person seeking to be so appointed must complete and submit the city volunteer application, together with any other information requested by the City Council as appropriate for a specific board or commission. (B) All such applications shall be provided to the City Council for review, who shall, at a regularly scheduled City Council meeting, nominate, from among such applicants, the persons whom a City Councilmember desires to appoint by making a motion which need not be seconded, for each such appointment. (C) If the nomination by the City Councilmember is approved by a majority vote of the City Council, the City Council may then proceed to appoint the person to the board or commission under consideration. (D) If the nomination by the City Council is not approved by a majority vote of the City Council, the City Council will nominate, by motion, a different candidate until someone is approved by majority vote of the City Council for the position under consideration. (E) All members of boards, commissions and committees serve at the pleasure of the City Council and are subject to removal by a majority vote of the City Council. SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired. SECTION 3. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, 28

Ordinance No. 1561 Page 3 of 3 Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061 (b)(3) because it has no potential for causing a significant effect on the environment. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 16 th day of February, 2021. ________________________________ Approved as to form: Steven D. Hofbauer, Mayor ATTEST: ___________________________ ________________________________ Christopher Beck Shanae S. Smith, City Clerk City Attorney I, Shanae s. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ effective on the ____ day of ___________, 20___ by the following roll call vote: AYES: NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date: Shanae S. Smith, City Clerk 29

City Council Staff Report DATE: FEBRUARY 16, 2021 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY’S OFFICE DISTRICT: ALL SUBJECT: INFORMATION ITEM: REVIEW AND RECEIVE REPORT ON THE FUNCTION OF THE CITY ATTORNEY AS THE CITY PROSECUTOR ISSUE Receive information regarding prosecutorial services of the City Attorney’s office and the legal authority for the City Attorney to prosecute state law misdemeanors committed within the City. RECOMMENDATION Receive information and provide direction to staff. BACKGROUND At the City Council meeting on February 2, 2021, the council directed staff to return with a report on the legal authority for the City Attorney to prosecute state law misdemeanors committed within the City. This report will address the inquiry. Generally, the office of the District Attorney of the respective county within which a city resides is responsible for the prosecution of all state law misdemeanors committed within the jurisdiction. (Gov. Code § 26500). At present, the City Attorney’s office has significant prosecutorial authority to prosecute violations of the Palmdale Municipal Code and Ordinances. Palmdale Municipal Code section 2.06.060 provides this authority; “(Powers and Duties) provides the following: “The City Attorney shall have the following powers and duties…(b) to initiate all proceedings in law or equity for the criminal or civil enforcement of all City ordinances and for the defense of the City in all legal actions.” These violations can be charged, or filed, as administrative actions, infractions, or misdemeanors. The associated penalty for such is graduated accordingly. California State Law (Civ. Code. §731) authorizes the City Attorney’s office to prosecute public nuisance actions in the name of the People of the State of California. 30

Report to Mayor and City Council Re: City Prosecutions February 16, 2021 Page 2 Presented herein is the legal authority for the City Council to expand the role of the City Attorney’s office to prosecute all or some state law misdemeanors committed within our jurisdiction. DISCUSSION The prosecution of state misdemeanor offenses is assigned generally to the District Attorney of each county. However, under California law City Attorneys may also be authorized to prosecute such offenses within their respective cities by either 1) District Attorney consent or 2) express charter language. A. District Attorney Consent Government Code section 41803.5, applicable to both general law and charter cities, provides: With the consent of the District Attorney of the county, the City Attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of a violation of state law… Under this section the District Attorney can simply provide consent to the City Attorney to prosecute state law misdemeanors committed within the City of Palmdale. This requires little more than City Council direction and District Attorney consent. Items of concern are whether the political and policy interests of the District Attorney support the decision of transferring his existing authority over state law misdemeanor prosecutions to the City Attorney. That issue, as well as whether the City should devote resources to fund a misdemeanor prosecution unit in the Office of the City Attorney, is outside the scope of this report. Several cities in California have requested and received consent from their District Attorney to prosecute state law misdemeanors, including but not limited to: San Bernardino, Los Angeles, Burbank, Anaheim, Long Beach, Pasadena, San Diego, Huntington Beach, Santa Barbara and Santa Monica. Each of the above cities has a prosecution division/City Prosecutor in the City Attorney’s Office. Other cities, like Oakl