City Council Minutes – 08/16/2023 – 5pm
1 MINUTES
CITY COUNCIL/HOUSING AUTHORITY
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
AUGUST 16, 2023
www.cityofpalmdale.org
1) CALL MEETING 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 COMMISSIONERS FRAGA-
SAENZ, BETTS
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga -Saenz, Dianne Betts.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Interim City Attorney Curley requested the addition of a new Item 14.1 D'Angelo vs City of Palmdale and stated the findings and the need to take immediate action .
Motion: Add item 14.1 regarding D'Angelo vs City of Palmdale case.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
4) 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 Richard J. Loa, seconded by Austin Bishop.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga -Saenz, Dianne Betts.
City Council Minutes – 08/16/2023 – 5pm
2 5) PUBLIC COMMENTS:
The following individuals provided public input: Eugene Hernandez commented regarding the future snack bar at the Best of the West Softball Complex; Cesar spoke in favor of Patrick Brophy being appointed to The Palmdale Aerospace Academy; Michael Ross spoke regarding items 7.5 and 7.6; and Jason Zink spoke regarding items 7.2, 7.5, and 7.6.
Mayor Bettencourt closed the Public Hearing.
6) HOUSING AUTHORITY CONSENT CALENDAR
6.1) Review and approve budget adjustments for acquisition of vacant land located along 3rd Street East near Avenue P -12 (APN 3006-006-036).
6.2) Approve the minutes from the previous meetings.
June 7, 2023 - HA Minutes
June 21, 2023 - HA Minutes
Motion: Approve all items listed on the Housing Authority Consent Calendar Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga -Saenz, Dianne Betts.
7) CONSENT CALENDAR
7.1) Approve Second Amendment to agreement with NBS Government Finance Group (A-7611) to increase the total amount of the Agreement by $75,250 for a not to exceed amount of $1,001,380 for the remainder of the term through 2024.
7.2) Approve Second Amendment to Lega l Services Agreement with Bradley, Gmelich & Wellerstein, LLP (A -7819) to increase the total amount of the Agreement by an additional $240,000 not to exceed the sum of $990,000.
7.3) Approve service agreement for a digital divide study with Nutter Consulting in the amount of $140,000 for a term of six (6) months.
7.4) Award Agreement with MNS Engineers, Inc. for Construction Management and Inspection Services Associated with PN795, Sam Yellen Park Phase 2, in the amount of $535,568 for a term of 16 months from the date of Notice to Proceed.
7.5) Approve Grant Agreement A-8464 with Advancing Communities Together for $781,820 for development of 20 -units of crisis interim housing, for a ten -year term, to be located at 38629 9th Street East, Palmdale.
Housing Coordinator Nichols provided a detailed overview of Item 7.4.
City Council Minutes – 08/16/2023 – 5pm
3 Council asked questions regarding the tiny home community's funding source, project location, and maximum capacity . Housing Coordinator Nichols responded.
Rossie and Olivia Cherry, Advancing Communities Together, spoke regarding developing properties, workforce development, servi ng the unhoused in the community, and a safety plan.
Discussion ensued regarding competitive proposals, access for City of Palmdale referrals, operational costs, and funding sources.
Motion: Approve Grant Agreement A-8464 (7.5) and A-8465 (7.6) with Advancing Communities Together.
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.
7.6) Approve Grant Agreement A-8465 with Advancing Communities Together for $390,220 for facility improvements and site preparation for a Winter Shelter to be located at 38626 9th Street East, Palmdale.
7.7) Adopt Resolution No. CC 2023 -050, a Resolution of the Cit y Council of the City of Palmdale establishing a new full -time position and amending the City’s Classification and Pay Plan for General Positions.
7.8) Adopt Resolution No. CC 2023 -048, a Resolution of the City Council of the City of Palmdale, authorizing the submission of the application for the 2023 Local Edward Byrne Memorial Justice Grant (JAG) Program to receive Grant allocation of $54,869.
7.9) Approve the minutes from the previous meeting. July 12, 2023 - CC/SA Minutes July 19, 2023 - CC Minutes
Motion: Approve all items listed on the Consent Calendar except 7.5 and 7.6.
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
8) APPOINTMENT
8.1) City Council nomination and appointment of one (1) member to The Palmdale Aerospace Academy Board of Directors.
Mr. Brophy provided his background and experience.
Motion: Appoint Patrick Brophy to The Palmdale Aerospace Academy Board of Directors.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
City Council Minutes – 08/16/2023 – 5pm
4 Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
9) PUBLIC HEARING
9. 1) Introduction and Adoption of Ordinance No. 1613, an Ordinance of the City Council of the City of Palmdale approving Zoning Ordinance Amendment 23- 001 and Zone Change 23 -001, a request to modify Title 17 of the Palmdale Municipal Code to address inconsiste ncies correct typographical errors, update the associated Zoning Map and find that the Amendment is consistent with Program Environmental Impact Report (PEIR) 22 -002 prepared and certified in conjunction with City's General Plan (Palmdale2045).
Mayor Bettencourt read the title of Ordinance No. 1613.
Associate Planner Almora provided a brief PowerPoint on this project.
Mayor Bettencourt called for Public Comments.
Public Comment: Jason Zink
Mayor Bettencourt closed the Public Comments.
Motion: Introduce and Adopt Ordinance No. 1613
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.
9. 2) Introduction and Adoption of Ordinance No. 1614, an Ordinance of the City Council of the City of Palmdale, a request to amend various sections of the Palmdale Municipal Code to address inconsistencies, correct typographical errors and references and findin g that the Amendment is consistent with Program Environmental Impact Report 20 -002 prepared and certified in conjunction with the City's General Plan (Palmdale 2045).
Planning Manager Magana read the title of Ordinance No. 1614 and presented a PowerPoint on the this item.
Public Comment: Jason Zink
Mayor Bettencourt closed the Public Comments.
Motion: Introduce and Adopt Ordinance No. 1614
Moved by Richard J. Loa, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Al arcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
City Council Minutes – 08/16/2023 – 5pm
5 9. 3) Introduction and Adoption of Ordinance No. 1611, an Ordinance of the City Council of the City of Palmdale, Amending Section 2.08.010 of the Palmdale Municipal Code to establish the process to annually designate the mayor and selecting the mayor pro tem.
Mayor Bettencourt read the title of Ordinance No. 1611.
Interim City Attorney Curley presented a detailed overview of this item.
There was Council discussion regarding a Councilmember declining their rotational position as mayor, and a rotational option for mayor pro tem.
Mayor Bettencourt called for Public Comments.
The foll owing individuals provided public input: Jason Zink, Marcos Alvarez, Vicky Ventura, Felix Menendez, Marsha Furman, Xavier Flores, citizen (no name provided), and Bertha De Alegria
Mayor Bettencourt closed the Public Comments.
Council discussion ensued regarding the redistricting process, rotational systems, and the California Voters Rights Act.
Councilmember Ohlsen requested that staff research and report back to the Council on the process and feasibility of bringing back the directly elected mayor.
Councilmember Ohlsen suggested adding two provisions: 1) A Councilmember can deny the rotational position as mayor and 2) The mayor pro tem shall serve with the same provisions as mayor that they cannot be represented twice within a full rotation.
There was further discussion among the Council regarding amendments to the ordinance. Interim City Attorney Curley restated the changes suggested by Council. Discussion ensued regarding election reform .
Council suggested creating a public survey to receive feedback from the community after the legal analysis is completed .
Council provided direction to City Manager Perez to receive a legal analysis of a rotational mayor versus and at -large mayor and a strong mayor versus a ceremonial mayor.
Motion: Introduce and Adopt Ordinance No. 1611 with the amen dments articulated by Interim City Attorney Curley from the dais.
Moved by Laura Bettencourt, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
City Council Minutes – 08/16/2023 – 5pm
6 10) NEW BUSINESS
10. 1) Presentation update for the Community Programs Division.
Community Programs Coordinator Morales gave a detailed PowerPoint on the resources and services offered through SAVES and introduced the community partners.
Discussion ensued regarding the timefram e for the relocation of SAVES and the different programs offered at SAVES.
Council thanked staff and the community partners.
Mayor Bettencourt called for Public Comments .
Public Comment: Jason Zink spoke regarding signage and grants .
Mayor Bettencourt closed the Public Comments .
10. 2) Consideration and adoption of City Council Rules and Regulations; recommendation to adopt Resolution No. CC 2023 -052, a Resolu tion establishing a Code of Conduct for City Council Members and Officials and establishing rules for conducting City Council Meetings.
Mayor Bettencourt requested that the item be postponed.
Discussion ensued regarding designating an Ad Hoc Committee and revisions to the code of conduct .
Motion: Continue Item 10.2
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.
10. 3) Letter of Support protecting U.S. Manufacturing Jobs, Community Investments, and Promoting Innovative Workforce and Community Partnerships.
Mayor Pro Tem Alarcón recused herself from this item stating a conflict of interest.
Councilmember Bishop recused himself from this item stating he has done business with BYD in the past.
Economic and Community Development Director Garibay provided Council with the background on this item.
Mayor Bettencourt called for Public Comments.
The following individuals provided public comments: Jason Zink; Eugene City Council Minutes – 08/16/2023 – 5pm
7 Hernandez, and Marcos Alvarez.
Mayor Bettencourt closed the Public Comments.
Discussion ensued regarding saving local jobs.
Motion: Approve Letter of Support p rotecting U.S. Manufacturing Jobs, Community Investments and Promoting Innovative Workforce and Community Partnerships
Moved by Laura Bettencourt, seconded by Richard J. Loa.
Vote: Motion carried (3-0)
Yes: Laura Bettencourt, Richard J. Loa, Eric Ohlsen.
Mayor Pro Tem Alarcon and Councilmember Bishop returned to the dais.
11) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public input: Jason Zink commented regarding grant leveraging, agenda presentations, and support for seniors; David Harris spoke regarding grants, Waste Management, and thanked Parks and Recreation for allowing their day camp to operate at Domenic Massari Park; Bertha De Alegria commented in support of SAVES; citizen (no name provided) disc ussed appointment of mayor and mayor pro tem; Eugene Hernandez commented regarding the Sheriff's Department; and Marcos Alvarez spoke regarding help for troubled youth and challenges faced in the Antelope Valley.
Mayor Bettencourt commented regarding chal lenges experienced in the North County when trying to get help for mental health issues.
Mayor Pro Tem Alarcón provided the 988 crisis line for suicide prevention.
Discussion ensued regarding the 988 crisis line, contacting 911 for the Mental Evaluation Team; fentanyl poisoning report, and mental health .
Citizen (no name provided) discussed the council rules of conduct.
12) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS
Councilmember Ohlsen reiterated his request for the creation of a Cr iminal Justice Commission.
Mayor Pro Tem Alarcón announced the Antelope Valley Air Quality Management District (AVAQMD) approved funding for 12 electric vehicle charging stations at McAdams Park and electric vehicle charging stations at the Auto Mall; and applications are being accepted from Junior High and High School students for the Mayor Pro Tem for the Day Program.
Discussion ensued regarding a future leaders program and mock city council meetings.
City
Council
Minutes
-
08 /
16 /
2023
-
5 pm
13 )
CITY
MANAGER
’
S
REPORT
City
Manager
Perez
reported
on
the
following
:
Tequila
&
Taco
Festival
;
Family
Movie
Night
August
18 th
;
Summer
Concert
Series
August
19 th
;
Palmdale
Partners
Academy
;
Installation
of
flashing
beacon
at
Summerwind
Elementary
to
increase
safety
;
Letter
of
Support
was
sent
to
advocate
for
additional
SNAP
benefits
;
held
outreach
meetings
surrounding
unhoused
population
in
March
,
April
,
and
May
;
Small
Business
Grant
Program
;
and
celebration
of
the
City
'
s
61 st
birthday
on
August
24 th
.
Mayor
Pro
Tern
Alarcon
stated
the
non
-
profit
organization
training
boot
camp
was
amazing
.
14 )
PRESENTATION
BY
CITY
ATTORNEY
Interim
City
Attorney
Curley
confirmed
the
Closed
Session
items
.
14.1 )
CONFERENCE
WITH
LEGAL
COUNSEL
—
EXISTING
LITIGATION
Donald
D
'
Angelo
v
.
County
of
Los
Angeles
,
et
al
Los
Angeles
County
Superior
Court
Case
No
.
21 AVC
00441
142
)
PUBLIC
EMPLOYMENT
Title
:
City
Attorney
15 )
ANNOUNCEMENT
BY
CITY
ATTORNEY
Interim
City
Attorney
Curley
announced
there
were
no
reportable
actions
.
16 )
ADJOURNMENT
Mayor
Bettencourt
adjourned
the
meeting
in
honor
of
the
victims
in
Lahaina
,
Maui
to
September
6 ,
2023
,
at
5 :
00 p
.
m
.
in
the
City
Hall
Council
Chamber
located
at
38300
Sierra
Highway
,
Suite
B
,
Palmdale
,
California
.
APPROVED
,
PASSED
,
and
ADOPTED
this
4 th
day
of
.
October
2023
.
JL
JzVLdCjO
-
^
£
Laura
Bettencourt
,
Mayor
Rochelle
Scott
,
Acting
City
Clerk
8