CITY HALL COUNCIL CHAMBER SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA SEPTEMBER 26, 2012 AGENDA NO

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1 CITY COUNCIL (CC) SPECIAL MEETING - 6:00 P.M. CITY COUNCIL (CC) SPECIAL MEETING - 6:00 P.M. CITY HALL COUNCIL CHAMBER SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA SEPTEMBER 26, 2012 AGENDA NO CALLTO ORDER. Called toordera# 6:01 p.m. 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS. 3. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM HOFBAUER, COUNCILMEMBERS LACKEY, BETTENCOURT, AND DISPENZA PRESENT: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, ABSENT: Mayor Pro Tern Hofbauer. Motion: Excuse the absence of Mayor Pro Tern Hofbauer Moved by Councilrnernber Lackey, seconded by Yes: Mayor Ledford, Councilrnernber Lackey, Councilmernber Bettencourt, 4. WAIVER OF FULL READING OF RESOLUTION(S). Motion: Waive full reading of the Resolution(s) to be considered and voted on at this meeting. Moved by Councilmernber Lackey, seconded by Councilmernber Dispenza. Yes: Mayor Ledford, Councilmernber Lackey, Councilrnernber Bettencourt, Councilrnember Dispenza. 5. NEW BUSINESS: 5.1 Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale authorizing the execution of a Joint Exercise of Powers Agreement No. A-4105 creating the Palrndale Financing Authority. (Staff Reference: Director of

2 CITY COUNCIL SPECIAL MEETING Finance St. John). Assistant Director of Finance Johnston presented the staff report. Public Comments: None. Motion: Adopt Resolution No. CC Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilmember Lackey, Councilmember Bettencou rt, Absent: Mayor Pro Tem Hofbauer. 52 Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale approving Loan Agreement No. A between the City of Palmdale and the Successor Agency in order for the Successor Agency to pay certain obligations and administrative costs. (Staff Reference: Director of Finance St. John). Assistant Director of Finance Johnston presented the staff report and asked Council to amend the loan and resolution to state 7 members instead of 5 members. Public Comments: None. City Manager Childs spoke regarding the loan agreement. Motion: Adopt Resolution No. CC Moved by Councilmember Lackey, seconded by Vote: Motion carried (40) Yes: Mayor Ledford, Counci Imember Lackey, Council member Bettencourt, 5.3 Approve the Joint Exercise of Powers Agreement creating the Palmdale Recycled Water Authority by and between the City of Palmdale and the Palmdale Water District, Agreement No. A (Staff Reference: City Attorney Ditzhazy) City Attorney Ditzhazy present the staff report. Public Comments: None. Motion: Approve Agreement No. A Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, Councilrnember Dispenza. 2

3 CITY COUNCIL SPECIAL MEETING Mayor Pro Tern Hofbauer arrived at 6:14 prn. 6. CONSENT CALENDAR - PUBLIC COMMENTS ONLY: None. 7. CONSENT CALENDAR: 7.1 Adopt Resolution CC , a Resolution of the City Council of the City of Palmdale authorizing and directing the processing of documentation reflecting and confirming ownership of Real Property by the Successor Agency to the Community Redevelopment Agency of the City of Palmdale. (Staff Reference: Economic Development Manager Walter). 7.2 Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale urging members of Congress to pass and the White House to sign legislation to avert across-the-board Fiscal Year 2013 sequestration cuts and to come together to develop a long-term budget compromise. (Staff Reference: Economic Development Manager Walter). Motion: Approve the recommendations and findings on all items listed under this Consent Calendar. Moved by Councilmember Dispenza, seconded by CouncHmember Lackey. Vote: Motion carried (5-0) Yes: Mayor Ledford, Mayor Pro Tem Hofbauer, Councilmember Lackey, Councilmember Bettencourt, 8. PUBLIC COMMENTS: None. 9. ADJOURNMENT. Mayor Ledford adjourned the rneeting at 6:16 p.m. to October 3, 2012 at 6:00 p.m. in the City Hall Council Chamber located at Sierra Highway, Suite B, Palmdale, California. PASSED, APPROVED, and ADOPTED this 7th day of November James C. Ledford, Jr., Mayor ATTEST: Rebecca J. Smith, City Clerk 3

4 CITY COUNCIL (CC) ADJOURNED REGULAR MEETING - 6:00 P.M. CITY COUNCIL (CC) ADJOURNED REGULAR MEETING - 6:00 P.M. CITY HALL COUNCIL CHAMBER SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA OCTOBER 03, 2012 AGENDA NO. CC CALL TO ORDER. CaUed to order at 6:01 p.m. 2. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM HOFBAUER, COUNCILMEMBERS LACKEY, BETTENCOURT, AND DISPENZA PRESENT: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, ABSENT: Mayor Pro Tern Hofbauer. Motion: Excuse the absence of Mayor Pro Tern Hot bauer Moved by Councilmember Lackey, seconded by Councilmember Bettencourt. Yes: Mayor Ledford, Councilmernber Lackey, Councilmember Bettencourt, 3. CLOSED SESSION - PUBLIC COMMENTS ONLY: None. 4. PRESENTATION BY CITY ATTORNEY of the following itern(s) to be discussed in Closed Session: 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 Council regarding the following pending litigation to which the City is a party: Juan Jauregui v. City of Palmdale Superior Court of the State of California, County of Los Angeles Case Number: BC This closed session is being held pursuant to the authority of California Government Code Section (a). Closed session is recommended because the City will assess the merits and weaknesses of this rnatter and consider the City's perspective. Based on existing

5 CITY COUNCIL (CC) ADJOURNED REGULAR MEETING 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 following pending litigation to which the City is a party: City of Palmdale v. City of Lancaster, et al. Los Angeles County Superior Court Case No. BC This closed session is being held pursuant to the authority of California Government Code Sections & (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 that it would prejudice the position of the City to discuss this matter in public. 5. CLOSED SESSION. Closed session held from 6:05 p.m. - 7:05 p.m. 6. ANNOUNCEMENT BY CITY ATTORNEY of item(s) discussed in Closed Session. City Attorney Ditzhazy stated that Mayor Pro Tem Hofbauer was absent and all other Council members were present. Item 4.1 CC - Juan Jauregui v. City of Palmdale / Pending Litigation - The City Council was apprised of the allegations in this matter and the facts known at this time. Council provided unanimous direction thereon. No further reportable action at this time. Item 4.2 CC - City of Palmdale v. City of Lancaster / Pending Litigation - The City Council was apprised of the status of this matter and provided unanimous direction thereon. No further reportable action at this time. 7. PUBLIC COMMENTS: None. 2

6 CITY COUNCIL (CC) ADJOURNED REGULAR MEETING 8. ADJOURNMENT. Mayor Ledford adjourned the meeting at 7:06 p.m. to October 3, 2012 at 7:00 p.m. in the City Hall Council Chamber located at Sierra Highway, Suite B, Palmdale, California. PASSED, APPROVED, and ADOPTED this 7th day of November James C. Ledford, Jr., Mayor ATTEST: Rebecca J. Smith, City Clerk

7 CITY COUNCIL (CC) REGULAR MEETING - 7:00 P.M. CITY COUNCIL (CC) REGULAR MEETING - 7:00 P.M. CITY HALL COUNCIL CHAMBER SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA OCTOBER 03, 2012 AGENDA NO CALL TO ORDER. Called to order at 7:06 p.m. 2. PLEDGE OF ALLEGIANCE LED BY GIRL SCOUT TROOP 132 AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS. Girl Scout Troop 132 was present. 3. ROLL CALL: MAYOR LEDFORD, MAYOR PRO TEM HOFBAUER, COUNCILMEMBERS LACKEY, BETTENCOURT, AND DISPENZA PRESENT: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, ABSENT: Mayor Pro Tern Hofbauer. Motion: Excuse the absence of Mayor Pro Tern Hofbauer Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilrnember Lackey, Councilmember Bettencourt, 4. PRESENTATION: 4.1 Presentation by Mayor and Council of a Certificates of Recognition to First City Credit Union Representative Kim Perkins and Mulligan Family Fun Center for their ongoing support of the Youth Job Academy. 4.2 Presentation by Mayor and Council of a Commendation to Larry and Sharon Halcomb in honor of their son Sergeant Aaron Halcomb recipient of the 2011 Dustoff Medic of the Year award from the United States Army. 4.3 Presentation by Mayor and Council of Certificates of Recognition to the Antelope Valley Devil Pups participants for their completion of the Devil Pups program, which was held at Camp Pendleton as follows: Jeffery S. Rosales, Nicholas K. Finks, Francisco J. Corredoira, Steven D. Quinter, Alexander G. Piole, Dominick A.

8 CITY COUNCIL (CC) REGULAR MEETING Piole, Timothy M. Headley, Suede M. Williams, Daja ft CaIdwell, and Courtney L. Trammel I. 4.4 Presentation by Mayor and Council of a Proclamation of Support for the Great California Shakeout and working toward becoming a safer community. 5. WAIVER OF FULL READING OF RESOLUTION(S). Motion: Waive full reading of the Resolution(s) to be considered and voted on at this meeting. Moved by Councilmember Dispenza, seconded by Councilmember Lackey. Vote: Motion carried (4O) Yes: Mayor Ledford, Cou ncilrnernber Lackey, Councilmember Bettencourt, 6. CONSENT CALENDAR - PUBLIC COMMENTS ONLY: Marsha Furrnan spoke regarding Item 7.7. Staff requested to add an urgency item to the Consent Calendar as Item City Attorney Ditzhazy spoke regarding adding item as urgency item with the following findings: 1) The City was advised on October 1, 2012, after the posting of the agenda, that a successor trustee would need to be appointed by September 30, 2012; and 2) lcma-rc is the administrator of the City's 457 Deferred Compensation Plan and advised staff that action has to be taken prior to the next regularly scheduled Council Meeting. Motion: Add consent calendar Itern Moved by Councilmember Lackey, seconded by Councilrnember Dispenza. Yes: Mayor Ledford, Councilrnember Lackey, Councilmember Bettencourt, Councilmernber Dispenza. 7. CONSENT CALENDAR: 71 Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale declaring that volunteers, work-study, and interns shall be deemed to be employees of the City for the purpose of providing workers' compensation coverage for said volunteers, work-study and interns while providing their services. (Staff Reference: Human Resources Manager Nevarez). 7.2 Approve Second Amendment to Agreement between the City of Palrndale and Phoenix Group lnforrnation Systerns to Provide Citation Processing and Payment Services Including Collections, Agreement No. A3708. (Staff Reference: Director of Public Safety and Community Relations Ambrose). 2

9 CITY COUNCIL (CC) REGULAR MEETING 7.3 Approval of Supplemental Agreement No. 4 for changes to the Scope of Work provided on Project No. 597, Dry Town Slide Site Improvements, by Monet Construction Inc. in the amount of $37,178.34, Agreement No. A (Staff Reference: Director of Public Works Mischel). 7.4 Approval of a Project Services Agreement with Hruska Communications for installation of phone and fiber associated with the construction of maintenance facilities at the City of Palmdale Maintenance Yard, in the amount of $48,956.30, Agreement No. A (Staff Reference: Director of Public Works Mischel). 7.5 Acceptance of Completed Public Improvements and authorization for City Engineer to file a Notice of Completion and Release Securities for Completed Public Improvements. (Staff Reference: Director of Public Works Mischel). 7.6 Acceptance of Capital Improvement Project No. 640, Recycled Water Temporary Pump Station and Pipeline, by BV Construction, Inc. Agreement No. A (Staff Reference: Director of Public Works Mischel). 71 Award of Project No. 642, Library Xeriscape Remodel, Funded through Account L , Turf Buy Back Program to Rich Meler's Landscaping, Inc., in the amount not to exceed $128,826, Agreement No. A (Staff Reference: Director of Public Works Mischel). 7.8 Approval of Supplemental Agreement No. 3 for Changes to the Scope of Work provided on Project No. 557, Yellen Park, by RC Becker and Son, in the amount of $55,726.66, funded from Capital Improvement Account P , Agreement No. A (Staff Reference: Director of Public Works Mischel). 7.9 Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale setting aside a Portion of City-Owned Property, Lot 16 of Tract 7670, for Right-of-Way Requirements for the Extension of 4th Street East Located at the Transportation Center. (Staff Reference: Director of Public Works Mischel) Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale Approving Submittal of Application(s) for all CalRecycle Grants for which the City of Palmdale is Eligible. (Staff Reference: Director of Public Works Mischel) Adopt Resolution No. CC , 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 31, 2012 and payroll register dated July 19, 2012 and approved by the City Council on September 5, (Staff Reference: Director of Finance St. John) Accept the Monthly Report on the investment balances as reported on the City of Palmdale's books as of August 31, (Staff Reference: Director of Finance St. John).

10 CITY COUNCIL (CC) REGULAR MEETING 7.l3Approve Budget Adjustment for FY (Staff Reference: Director of Finance St. John) Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale authorizing the execution and delivery of an Equipment Lease-Purchase Agreement and an Escrow Agreement with respect to the acquisition, purchase, financing, and leasing of certain equipment for the public benefit; authorizing the execution and delivery of documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution. (Staff Reference: Director of Finance St. John) Adopt Resolution No. CC 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: Director of Finance St. John) Approve Purchase Order No for the purchase of a new Backhoe Loader in the amount of $104, (Staff Reference: Director of Finance St. John) Approve Citywide Blanket Purchase Order No in an amount not to exceed $73, for Janitorial/Custodial Supplies. Funded by multiple funding sources. (Staff Reference: Director of Finance St. John) Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale reaffirming the adoption of the Palmdale Recycled Water Facilities and Distribution Plan as amended under Resolution No. CC and rescinding in part the Declaration of the City of Palmdale as the Retail Recycled Water Supplier for the City of Palmdale not served with recycled water by Los Angeles County Waterworks District No. 40 under Resolution No. CC (Staff Reference: City Attorney Ditzhazy) Approve Amendment No. 8 to Agreement No. A-0028 between the City of Palmdale and ACS Enterprise Solutions, Inc. (Staff Reference: IT Director Fincher) Approve the minutes from the previously held meetings on September 5, 2012 (6:00 p.m.), September 5, 2012 (7:00 p.m.) and September 6, 2012 (10:00 a.m.). (Staff Reference: City Clerk Smith) 7.21 ADDED ITEM - Adopt Resolution No. CC , a Resolution of the City of Palmdale authorizing the appointment of Wilmington Trust Retirement and Institutional Services Company as Successor Trustee of the 457 (b) Governmental Deferred Compensation Plan and approve the second amendment to the Administrative Services Agreement A-i 007 between the City of Palmdale and ICMA Retirement Corporation. (Staff Reference: Director of Finance St. John). 4

11 CITY COUNCIL (CC) REGULAR MEETING Motion: Approve the recommendations and findings on all items listed under this Consent Calendar. Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, Absent: Mayor Pro Tem Hofbauer. 8. CC SPECIAL REPORT: 8.1 Federal Legislative Update by David Turch and Associates. (Staff Reference: Assistant to the City Manager Red ifer). There is no staff report for this item. Consultant David Turch spoke. No action was taken on this item as this item was for informational purposes only. 8.2 Discussion and possible action regarding proposed Resolution CC , a Resolution of the City Council of the City of Palmdale in support of Palmdale School District's Bond Measure DD, for 21st Century Palmdale Schools on the November 6, 2012 Ballot. (Staff Reference: Assistant to the City Manager Redifer). Assistant to the City Manager Redifer presented the staff report. Superintendent Roger Gallizzi of Palmdale School District spoke. Public Comments: None. Council spoke in support of Palmdale School District's Bond Measure DD. Motion: Adopt Resolution No. CC Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, 9. PUBLIC HEARING: 9.1 Adopt Resolution No. CC , a Resolution of the City Council of the City of Palmdale Approving Proceedings by the Palmdale Financing Authority for the Issuance and Sale of Lease Revenue Bonds to Refund the City's Outstanding Certificates of Participation (1999 Courthouse and City Hall Project), and Approving Related Docurnents and Official Actions. (Staff Reference: Director of Finance St. John). Budget Manager Jones presented the staff report. 5

12 CITY COUNCIL (CC) REGULAR MEETING Mayor Ledford opened the Public Hearing. Testimony: None. Motion: Close the Public Hearing. Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, Motion: Adopt Resolution No. CC Moved by Councilrnernber Dispenza, seconded by Councilrnernber Lackey. Vote: Motion carried (40) Yes: Mayor Ledford, Councilmernber Lackey, Councilrnernber Bettencourt, Councilrnernber Dispenza. 9.2 Public hearing and review of Proposed Orcflnance No. 1433, an Ordinance of the City Council of the City of Palmdale Amending Section of the Palrndale Municipal Code Prohibiting Srnoking at Outdoor City Facilities Including Parks. (Staff Reference: City Attorney Ditzhazy). There was no staff report for this tern. Staff requested Council continue this itern to the next regularly scheduled rneeting on Novernber 7, Motion: Continue this itern to the Novernber 7, 2012 rneeting. Moved by Councilrnernber Lackey, seconded by Councilrnernber Bettencourt. Yes: Mayor Ledford, Councilrnernber Lackey, Councilrnernber Bettencourt, Councilrnernber Dispenza. 10. APPOINTMENTS: 10.1 Mayor's nornination, City Council approval, and appointrnent of one norninee to the Planning Cornrnission, 'At Large' position for a terrn to expire in (Staff Reference: City Clerk Smith) Mayor Ledford spoke regarding Ralph Velador's appointrnent. 10.la Appointrnent of Ralph Velador as Planning Cornmissioner "At Large". 6

13 CITY COUNCIL (CC) REGULAR MEETING Public Comments: None. Mr. Velador spoke regarding his appointment. Mayor's nomination is the motion and there is no need for a second. Council approved the appointment, with Mayor Pro Tern Hofbauer absent, of Ralph Velador as Planning Commissioner "At Large" for a term to expire in Resolution No. CC , a Resolution of the City Council of the City of Palmdale appointing two Directors to the Board of Directors of the "Palmdale Recycled Water Authority". (Staff Reference: City Attorney Ditzhazy) Mayor spoke regarding appointment to the Board. Public Comments: None. Councilmember Bettencourt and Mayor Ledford were nominated for appointment to the Board of Directors of the Palmdale Recycled Water Authority. Motion: Approve the appointments and adopt Resolution No. CC Moved by Councilmember Lackey, seconded by Yes: Mayor Ledford, Councilmember Lackey, Councilmember Bettencourt, Absent: Mayor Pro Tem Hofbauer. 11. PUBLIC COMMENTS: None. 12. INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT PUBLIC EXPENSE. (Staff Reference: Mayor and Councilmembers) Councilmember Lackey attended the following: AVTA meeting; Sanitation District Meeting was canceled; Metrolink Meeting; Arnie Quinones & Ted Hall Interchange dedication; POW & MIA Memorial Service; Gregg Anderson Academy dedication. Councilmember Dispenza attended the AVTA meeting and announced 16 brand new Hybrid buses. Mayor Ledford thanked Councilmembers for covering events for him; attended the event at Edwards Airforce Base for Endeavor arrival and mentioned that today is the 5-year Anniversay of tday of" which is NASA's presence at Site 9. Councilmember Lackey mentioned Kirn Shaw's efforts regarding Site 9. 7

14 CITY COUNCIL (CC) REGULAR MEETING Councilmember Bettencourt attended the following: World Vision Event where backpacks were presented; the Heritage Festival; stated we need a Team Palmdale at the go-cart event in Lancaster; mentioned Blood Drive here in Palmdale on Tuesday, October 9th at Poncitlan Square from 9:00 am to 3:00 p.m; gave Recognition to Finance Department and congrats for receiving Excellence in Financial Reporting Award; gave her thoughts and prayer to Betsy St. John & Family. City Attorney Ditzhazy stated he was at Avenue N for Endeavor Watch and spoke regarding Anniversary of Counclmember Dispenzas birthday. 13. ADJOURNMENT. Mayor Ledford adjourned the meeting at 8:30 p.m. to November 7, 2012 at 6:00 p.m. in the City Hall Council Chamber located at Sierra Highway, Suite B, Palmdale, California. PASSED, APPROVED, and ADOPTED this 7th day of November James C. Ledford, Jr., Mayor ATTEST: Rebecca J. Smith, City Clerk 8

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