CC Minutes 03/15/2023
1 MINUTES
CITY COUNCIL
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
MARCH 15, 2023
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETINGS TO ORDER
Mayor Bettencourt called the meeting to order at 5:00 p.m.
*Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,
COUNCILMEMBERS BISHOP, LOA, OHLSEN
PRESENT: Laura Bettencourt, Austin Bishop, Richard J. Loa, Eric Ohlsen.
ABSENT: Andrea Alarcón.
Motion: Excuse the absence of Mayor Pro Tem Alarcón.
Moved by Laura Bettencourt, seconded by Eric Ohlsen.
Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Austin Bishop, Richard J. Loa, Eric Ohlsen.
Absent: Andrea Alarcón.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
Mayor Bettencourt closed the Public Comments.
4) PRESENTATION BY CITY ATTORNEY
Attorney Halfman confirmed that items would be heard as listed. Mayor Bettencourt noted that Attorney Halfman was filling in for Interim City Attorney Curley.
4.1) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricky Thorstensen v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
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2 4.2) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.4) PUBLIC EMPLOYMENT
Title: City Attorney
4.5) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision(d) of Section 54956.9: Number of cases – One.
5) ANNOUNCEMENT BY CITY ATTORNEY
Attorney Halfman stated there was no reportable action.
6) ADJOURN CLOSED SESSION MEETING
Mayor Bettencourt adjourned the Closed Session meeting at 7:05 p.m.
7:00 P.M.
Mayor Bettencourt called the meeting to order at 7:06 p.m.
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
ABSENT: None.
Mayor Bettencourt stated a request was made to move the Planning Commissioner Appointments after Presentations.
Motion: Move Section 13 Appointments to be heard after Section 8 Presentations.
Moved by Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
Mayor Bettencourt stated the City Manager desired to add a new item to the agenda.
City Manager Perez stated the City of Palmdale was made aware of an opportunity to provide a letter of support to Brightline for a federal grant for transportation dollars.
The information came to the City's attention after the posting of the agenda and the City would like to add the new discussion item at the end of the meeting to consider Council support.
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3 Motion: 1) Move to find that the item arose subsequent to the posting of the agenda, and it requires urgent action by the Council ; 2) Add Item 14.2) Provide a Letter of Support for Brightline.
Moved by Andrea Alarcón, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Mr. Norris led the pledge of allegiance.
8) PRESENTATIONS
8.1) Mayor Bettencourt presented the Women’s History month proclamation to Barbara Moran, Soroptimist International.
8.2) Communication PIO Lynch, and Media Production Specialist Gomez spoke regarding the Communications Departme nt being recognized for Best Community Event Video as part of the 2023 ACM West WAVE Awards for the City of Palmdale’s PGTV (Palmdale Government Television) Channel 27- production of the dedication of "Courtney’s Playground Dedication."
9) 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 Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
10) PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
Jason Zink spoke in opposition to Item 11.3.
Mayor Bettencourt closed the Public Comments.
11) CONSENT CALENDAR
11.1) Adopt Resolution No. CC 2023 -017, a Resolution of the City Council of the City of Palmdale approving the acquisition of tax defaulted property located on the southwest corner of Avenue Q-3 and 6th Street East Alley (APN 3008- 013-042 and 3008 -013-043) thro ugh a Chapter 8 Agreement Sale with the Los Angeles County Treasurer and Tax Collector. (Staff Reference: Director of Economic and Community Development Garibay)
11.2) Approve First Amendment to Legal Services Agreement with Silver & Wright, LLP to increase the total amount of the Agreement by $65,000, to increase the not to exceed amount to $565,000. (Staff Reference: Interim City Attorney Curley - Presented by Legal and Risk Coordinator Barajas)
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4 11.3) Approve Agreement with J A D Hoyos, Inc. DBA Feathers Custom Signs to wrap 103 of the City of Palmdale’s 332L traffic control utility cabinets with anti-graffiti laminate in the amount of $131,404.83 (Staff Reference: Parks and Recreation Director Smith)
Mayor Pro Alarcón pulled this item for discussion. Director of Parks and Recreation Smith provided a brief overview of the staff report. There was Council discussion regarding the different phases of the project and the costs of wrapping the traffic control utility cabinets.
Motion: Approve Agreement with J A D Hoyos, Inc. DBA Feathers Custom Signs to wrap 103 of the City of Palmdale's 332L traffic control utility cabinets with anti-graffiti laminate in the amount of $131,404.83.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
11.4) Approve the minutes from the previous meetings. (Staff Reference: Acting City Clerk Scott)
CC - February 15, 2023 (5:00 pm & 7:00 pm)
Motion: Approve the recommendations and findings on all items listed under this Consent Calendar except for 11.3.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
Section 13) Appointments were heard at this time.
12) PUBLIC HEARING
1 2 . 1 ) INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1603, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING ZONING ORDINANCE AMENDMENT 21-007; A REQUEST TO
MODIFY THE ZONING CODE AND ZONING MAP TO BE IN COMPLIANCE WITH THE CITY'S GENERAL PLAN UPDATE (PALMDALE 2045),
APPLICABLE LAWS, AS WELL AS COMPREHENSIVELY MODIFY
PROCESSES, USES, AND STANDARDS OF DEVELOPMENT AND FIND
THAT THE PROJECT IS CONSISTENT WITH PROGRAM
ENVIRONMENTAL IMPACT REPORT (PEIR) 22 -002 PREPARED AND CERTIFIED IN CONJUNCTION WITH PALMDALE 2045. (Staff Reference:
Economic and Community Development Director Garibay - Presented by Associate Planner Almora)
Associate Planner Almora read the title of Ordinance No. 1603. Associate Planner A lmora and Deputy Director of Economic and Community Development Taggart provided a detailed PowerPoint presentation. There was discussion among staff and Council regarding the future of drive-thru restaurants, the waiver process, and amendments to the ordinance.
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5 Mayor Bettencourt called for Public Testimony.
The following individuals spoke in opposition to the approval of the Zoning Ordinance Amendment: Robert Valencia, Mark McGaughey, Navid Sharafatran, Mary Rosas, Greg Quan, Jason Zink, and two (2) letters were received.
The following individuals spoke in support of the approval of the Zoning Ordinance Amendment: Xavier Flores, Eugene Hernandez, Marcos Alvarez, Citizen, no name given, and twenty-three (23) letters were received.
The Council requested a response from staff regarding the concerns of developers and citizens. Director of Economic and Community Development Garibay provided clarification. There was discussion among staff and Council regarding prohibited uses, conditional use permits, land use designations, the zone change process, amendments, and the waiver process. Director of Economic and Community Development Garibay provided further clarification.
Motion: Introduce and Adopt Ordinance No. 1603 as drafted with the waiver information and direct staff to come back in 90 days after meeting and conferring with community stakeholders to address section 17.92.050 and other concerning sections.
Moved by Eric Ohlsen, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
1 2 . 2 ) ADOPT RESOLUTION NO. CC 2023 -019, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALMDALE APPROVING GENERAL PLAN
AMENDMENT 23 -001; A REQUEST TO MODIFY THE CITY'S GENERAL PLAN (PALMDALE 2045) TO ADDRESS INCONSISTENCIES, CORRECT
TYPOGRAPHICAL ERRORS, UPDATE THE ASSOCIATED PALMDALE
2045 LAND USE MAP AND FIND THAT THE AMENDMENT IS
CONSISTENT WITH PROGRAM ENVIRONMENTAL IMPACT REPORT 22- 002 PREPARED AND CERTIFIED FOR PALMDALE 2045. (Staff Reference:
Economic and Community Development Director Garibay - Presented by Deputy Director of Economic and Community Development Taggart and Acting Planning Manager Magaña)
Acting Planning Manager Maga ña read the title of Resolution No. CC 2023- 019 and presented a brief overview of this item. There was discussion among Council and staff regarding distance requirements and correction of typographical errors.
Mayor Bettencourt opened the Public Hearing.
The following individuals provided public comments:
Jason Zink spoke regarding the zoning map and general plan adoption.
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6 Mark McGaughey commented regarding a 90 -day review period with staff on the M ixed Use 3 zoning, use restrictions provided on the drive -thru limitations, and the density for residential.
Mayor Bettencourt closed the Public Comments.
There was further discussion among Council and staff regarding consistency in changes between the zoning cod e and general plan, typographical errors, and the dialogue with the community and stakeholders.
Motion: Adopt Resolution No. CC 2023 -019, A Resolution of the City Council of the City of Palmdale Approving General Plan Amendment 23-001.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
1 2 . 3 ) INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1606, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY O F PALMDALE
REVISING, DELETING, ADDING, AND STREAMLINING SELECTED
PROVISIONS OF THE PALMDALE MUNICIPAL CODE TO PROMOTE
PUBLIC HEALTH, SAFETY AND WELFARE RELATED TO SIDEWALK
VENDING, MOBILE FOOD VENDING, AND FOOD FACILITY
REGULATIONS TO STREAMLINE AND ENSURE CONSISTENCY WITH
STATE LAW (AMENDING PMC SECTIONS 5.04.590, 5.04.150, 5.04.190,
8.24.210, 3.44.230; ADDING PMC SECTION 5.04.600; ADDING PMC CHAPTER 8.46; REPEALING AND DELETING PMC SECTIONS 8.04.105,
10.04.120); AND ADOPTION OF RESOLUTION NO. CC 2023 -014, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING PERMIT FEES FOR SIDEWALK VENDING AND MOBILE
FOOD VENDING. (Staff Reference: Community Compliance Manager Gallagher)
Community Compliance Manager Gallagher read the title of Ordinance No. 1606 and introduced Attorney Valerie Escalante Troesh with Civica Law Group who provided a PowerPoint presentation.
Mayor Bettencourt opened the Public Comments.
The following individuals spoke in favor of this item:
Eugene Hernandez, Oscar Iraheta, Leticia Arranda, Aaron Ramirez, and Adelfo Villa.
A motion was made and carried unanimously to continue the City Council meeting until 11:00 pm.
Public Comments continued and the following individuals spoke in support of this item:
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7 Maria Barragan, Azucena Preciado, Roman Perea, Kenneth Carrillo, Xavier Flores, Marcos Alvarez, Felix Menendez, and Jason Zink.
The Council spoke in support of this item.
Councilmember Bishop expressed concerns regarding the enfor cement of County pockets to ensure that the unincorporated areas in the City of Palmdale are abiding by the same rules as those in the incorporated areas to have conformity. City Manager Perez stated City staff will investigate enforcement in the unincorpo rated areas. Discussion continued regarding regulation of County pockets. Community Compliance Manager Gallagher spoke regarding joint enforcement efforts with the County. Discussion ensued regarding vendors being victimized and the team efforts of Council.
Motion: Introduce and Adopt Ordinance No. 1606 and Resolution No. CC 2023-014.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
A motion was made and carried unanimously to continue the City Council meeting to 11:30 pm.
13) APPOINTMENT(S)
This section was taken out of order and heard after section 11.
13.1) Approve Appointment to the Antelope Valley Mosquito Abatement and Vector Control District. (Staff Reference: Acting City Clerk Scott)
Mayor Bettencourt opened the Public Comments.
Public Comments: None.
Mayor Bettencourt closed the Public Comments.
Mr. Dhinsa introduced himself and provided his background.
Motion: Appoint Bal Dhinsa to the Antelope Valley Mosquito Abatement and Vector Control District
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
13.2) City Council Nomination and Appointment of one (1) Public Member to the Palmdale Enhanced Infrastructure Financing District (EIFD). (Staff Reference: Acting City Clerk Scott)
Mayor Bettencourt opened the Public Comments.
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8 Applicants Mr. Zink and Ms. Gordon spoke regarding their experience in the Antelope Valley.
Mayor Bettencourt closed the Public Comments.
Mayor Pro Tem Alarcón emphasized the importance of the position on the Palmdale Enhanced Infrastructure Financing District.
Motion: Appoint Laura Gordon as the Public Member to the Palmdale Enhanced Infrastructure Financing District (EIFD).
Moved by Laura Bettencourt, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
13.3) City Council Nomination and Appointment of Planning Commissioners - Districts 1 - 5. (Staff Reference: Acting City Clerk Faber)
Mayor Bettencourt called for Public Comments.
Public Comments: None.
Mayor Bettencourt closed Public Comments
The following no minees introduced themselves and provided their backgrounds: Mr. Olivarez, Mr. Henderson, Mr. Martinez, and Mr. Elize introduced themselves and provided their backgrounds.
Motion: Appoint David Lujan District 1; Appoint Dean Henderson District 2 Appoint Mateo Olivarez District 3; Appoint Getro Elize District 4; Appoint Christian C. Martinez District 5.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
14) NEW BUSINESS
14.1) Discussion and possible action regarding Animal Care and Control Operations. (Staff Reference: City Manager Perez)
City Manager Perez suggested continuing this item to April 5, 2023.
Motion: Continue Item 14.1 to April 5, 2023.
Moved by Austin Bishop, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
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9 14.2) Provide a Letter of Support for Brightline.
City Manager Perez provided a brief overview on this item. Mayor Pro Tem Alarcón announced that Brightline will do a project presentation at a future meeting.
Motion: Direct staff to provide a letter of support authored by the Council for Brightline West to apply for an intercity passenger rail grant application to the U.S. Department of Transportation.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
15) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public input:
Richard Mann spoke regarding help for the unhoused.
Jason Zink commented regarding utility boxes, Palmenthol Historic sign, free cable and internet for seniors, outreach for general plan, Measure J funds, City website redesign, and a commuter study.
Laura Gordon spoke regarding her background in housing.
Mayor Bettencourt closed the Public Comments.
16) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
Mayor Pro Tem Alarcón spoke regarding limited opportunities for veteran emergency services through the City of Palmdale and directed City Manager Perez to bring a report back on the establishment of a V eteran Emergency Needs Fund.
City Manager Perez suggested looking at the Housing CDBG funds and Measure AV funds. Mayor Bettencourt stated there is an emergency fund through the veteran’s organizations.
17) CITY MANAGER’S REPORT
None.