Meeting
 

CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER/
CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING
TELEPHONIC/VIRTUAL MEETING PURSUANT TO GOVERNOR’S ORDER N-29-20
AGENDA


Tuesday, July 28, 2020
Regular Meeting – 5:00 p.m.

Council Chambers – Lancaster City Hall
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 pm on July 24, 2020
at the entrance to the Lancaster City Hall Council Chambers
44933 Fern Avenue, Lancaster, CA  93534



LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power/California Choice Energy Authority
Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Darrell Dorris
Council Member/Agency Director/Authority Member Raj Malhi
Council Member/Agency Director/Authority Member Ken Mann

In response to Governor’s Executive Order N-29-20, this meeting will be conducted telephonically and audio streamed live on Channel 28 and the City’s website: https://www.cityoflancasterca.org/connect/public-meetings
PUBLIC COMMENTS ON AGENDIZED ITEMS MAY BE RECEIVED BY DIALING 1(877)-853-5257 USING MEETING ID: 942 5497 9942# PASSWORD: 536557
 
AGENDA ITEMS TO BE REMOVED
Sometimes it is necessary to remove items from the agenda. We apologize for any inconvenience this may cause you.
 
PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS

In accordance with Governor’s Order N-29-20, the public may observe this telephonic/ virtual meeting by listening to the live broadcast on local cable channel 28 or live stream on the City’s website (https://www.cityoflancasterca.org/connect/public-meetings).  The public may participate in the meeting by DIALING 1(877)-853-5257 USING MEETING ID: 942 5497 9942 PASSWORD: 536557. Individual comments are limited to three (3) minutes unless a different time limit is announced.
 
Consent Calendar items under the Legislative Body may be acted upon with one motion, a second and the vote.  If you desire to speak on an item or items on the Consent Calendar, you may fill out one speaker card for the Consent Calendar.  You will be given three minutes, unless a different time limit is announced, to address your concerns before the Legislative Body takes action on the Consent Calendar.

 

 

CALL TO ORDER
 City Council/Successor Agency/Financing/Power/ California Choice Energy Authority
 

ROLL CALL
City Council Members /Agency Directors /Authority Members: Dorris, Malhi, Mann;
Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris

INVOCATION
 

Shane Idleman, Pastor of Westside Christian Fellowship    

PLEDGE OF ALLEGIANCE
 

PRESENTATION
 

1.
Small Business Assistance Program
Presenter: Cedric White, President of the AV Black Chamber of Commerce.
    
COUNCIL ACTIONS


 

MINUTES


 

M1.
Approve the City Council/Successor Agency/Financing/ Power/ California Choice Energy Authority Regular Meeting Minutes of  July 14, 2020.   
CONSENT CALENDAR


 

CC 1.
Waive further reading of any proposed ordinances.  (This permits reading the title only in lieu of reciting the entire text.)
    

    
    
CC 2.
Check Registers – June 21, 2020 through July 11, 2020    Recommendation:
Approve the Check Registers as presented.

At each regular City Council Meeting, the City Council is presented with check and ACH/wire registers listing the financial claims (invoices) against the City for purchase of materials, supplies, services, and capital projects issued the prior three to four weeks. This process provides the City Council the opportunity to review the expenditures of the City. Claims are paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.


 

CC 3.
Monthly Report of Investments – June 2020    Recommendation:
Accept and approve the June 2020 Monthly Report of Investments as submitted.

Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report.


 

CC 4.
Acceptance of Public Works Construction Project No. 18-007 – 2018 Parks and Concrete Repairs    Recommendation:
Accept Public Works Construction Project No. 18-007, 2018 Parks and Concrete Repairs, by R.C. Becker and Son, Inc., of Santa Clarita, California.  Retention on this project shall be disbursed in accordance with California Public Contract Code.

On October 8, 2019, the City Council awarded Public Works Construction Project No. 18-007, 2018 Parks Concrete Repairs. The City of Lancaster approved an agreement for the design and construction of a new skatepark at Jane Reynolds Park, which is located at 716 West Oldfield Street. Under the 2018 Parks Concrete Repair project, the City improved pedestrian access, American with Disabilities Act (ADA) upgrades, and the overall aesthetics to the area surrounding the proposed skatepark. The project included removing and replacing nearly 39,280 square feet (SF) of sidewalk, constructing 3,000 SF of new sidewalk, upgrading eight (8) curb ramps to meet ADA standards, improving 1,200 SF of existing driveways, root pruning, and tree trimming 6 trees. Construction took place concurrently with the skatepark construction, minimizing the disruption to residents living in the area and to those who frequent the park.


CC 5.
First Amendment to Community Workforce Agreement     Recommendation:
Approve Amendment No. 1 to the Community Workforce Agreement between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council and the signatory local unions and district councils.  Authorize the City Manager or his designee to execute all related documents.

The agreement provides that, for applicable projects, the City will contract exclusively with contractors who agree to comply with the terms of the agreement.  Non-union contractors may continue to bid on, and be awarded, contracts for applicable City projects subject to the terms of the agreement.Under the original agreement, applicable projects are limited to multi-trade contracts that exceed $175,000 and prime specialty contracts that exceed $100,000, with several exemptions (including work performed by City employees, design teams, and other City consultants not performing manual labor; non-construction support services; and work that has been deemed immediately required as a result of a local emergency).  As these types of projects are already subject to prevailing wage, entering into this agreement did not cause an increase in project costs.The proposed amendment to this agreement would expand the scope of applicable projects to include projects built by, with, or for the City where the City has a “Proprietary Interest” in a project.  This includes projects for which the City provides a cash payment, tax credit, loan, or where the City transfers an asset of value for less than fair market price that exceeds $1,000,000. 

NEW BUSINESS


 

NB1.
Introduce Ordinance No. 1075,  adding Chapter 2.39 to the Lancaster Municipal Code creating the Lancaster Social Justice Commission.    Recommendation:
Introduce Ordinance No.1075, adding Chapter 2.39 to the Lancaster Municipal Code creating the Lancaster Social Justice Commission.

The proposed Ordinance adds Chapter 2.39 to the Lancaster Municipal Code to establish the Lancaster Social Justice Commission. The Lancaster Social Justice Commission will consist of seven Commissioners of Change and up to three alternates whose purpose shall be to cultivate and sustain diversity and inclusion through accountability and civilian oversight by fostering a fair and equitable justice system with transparency in all forms of government in the City of Lancaster.

 

NB2.
(1) Resolution Calling for the Holding of a Special Municipal Election to be held on Tuesday, November 3, 2020, for the Submission to the Voters a Proposed Measure Relating to an Ordinance Enacting a Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration and (2) Resolution Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a Special Municipal Election to be Held on November 3, 2020, with the Statewide General Election to be Held on that Date Pursuant to Section 10403 of the Elections Code    Recommendation:
a. Adopt Resolution No. 20-40(the “Election Resolution”), calling for the holding of a Special Municipal Election to be held on Tuesday, November 3, 2020, for the submission to the voters a proposed measure relating to an ordinance enacting a transactions and use tax to be administered by the California Department of Tax and Fee Administration.
b. Adopt Resolution No. 20-41 (the “Consolidation Resolution”), requesting the Board of Supervisors of the County of Los Angeles to consolidate a Special Municipal Election to be held on November 3, 2020, with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code.

The City is committed to strong community partnerships, safe neighborhoods and parks, quality services to support residents, and respectful and responsive city employees to make the City a strong, caring and safe community for all residents.  The City has been proactive in its actions to protect residents during the COVID-19 pandemic, to safely reopen businesses and partner with local employers to ensure a strong economic recovery, serving as a model for other cities in Los Angeles County. Like the rest of the State and the country, the City faces serious fiscal challenges due to the fallout of the COVID-19 pandemic with funding for high-priority services threatened as a result.  The City currently expects an alarming decrease in revenues that will severely limit its ability to provide these essential City services and has already taken or is considering various cost-saving measures, including implementing hiring and salary freezes for existing employees, reduced operating budgets, capital outlay and a workforce reduction by the elimination of vacant positions.  Despite such expenditure reductions, the City’s General Fund revenues are expected to decrease by $9.9 million in Fiscal Year 2020-21 and another $8.8 million in Fiscal Year 2021-22 due to steep declines in sales tax, property tax, and state funding revenues.  Additional locally controlled funding is necessary to protect essential city services and keep our community strong, healthy and safe into the future.
 

COUNCIL REPORTS


 

CR1.
Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority    Recommendation:
Report of the proceedings and issues discussed at the June regular Board of Directors meeting of the Antelope Valley Transit Authority (AVTA).

CR2.
Council Reports    

CALIFORNIA CHOICE ENERGY AUTHORITY
 

No action required at this time.    

LANCASTER HOUSING AUTHORITY
 

No action required at this time.    

LANCASTER FINANCING AUTHORITY
 

No action required at this time.    

LANCASTER POWER AUTHORITY
 

No action required at this time.    

LANCASTER SUCCESSOR AGENCY
 

No action required at this time.    

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
 

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
 

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS

In accordance with Governor’s Order N-29-20, the public may observe this telephonic/virtual meeting by watching the live broadcast on local cable channel 28 or live stream on the City’s website (https://www.cityoflancasterca.org/about-us/departments-services/city-clerk/meetings-agendas-and-minutes/public-meetings-web-streaming).  The public may electronically participate in the meeting by sending comments to the City Clerk by email; provided, however, that any such electronic submission shall be subject to the following requirements: (a) it must indicate the date of the meeting and agenda item number to which it relates (or indicate that it does not relate to a specific agenda item); (b) it must be sent to the following email address: [email protected]; and (c) it must be actually received by the City Clerk at least two (2) hours prior to the meeting.  The City Clerk will endeavor to read aloud each electronic submission at the appropriate time during the meeting, subject to applicable time and/or other limitation(s).   Individual comments are limited to three (3) minutes each unless a different time limit is announced.
 

CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
 

CLOSED SESSION
 

1.
Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) - two potential cases.
    
2.
Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.
    
3.
 Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d) (1)   
4.
Desert-Candle, LP v. Frontier Homes, LLC, LASC Case No. 20STCV05178
    
5.
 Kappler v. Lancaster, LASC 18STCVO4990
    
6.
Better Neighborhoods v. Lancaster, LASC BS175020   
7.
Antelope Valley Groundwater Cases Included Actions:
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Kern, Case No. S-1500-CV-254-348
Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v. City of Lancaster, Diamond Farming Co. v. Palmdale Water District
Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668
    
8.
Ramos v Patino, LASC Case No. MC027974   
9.
Lozoya v. City of Lancaster, LASC Case No. 19AVCV00714
    
10.
Johnson v. City of Lancaster, LASC Case No. 19AVCV00824
    
11.
Rahier v. City of Lancaster, LASC Case No. 19AVCV00163
    
12.
 Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
    
13.
Conference with Real Property Negotiators:
Property: APNs 3124-012-007&012
City negotiators: Mike Livingston, Allison Burns
Negotiating parties: Elassaad Walid
Under negotiation: price and terms of payment

Property: APNs 3124-012-008&009
City negotiators: Mike Livingston, Allison Burns
Negotiating parties: Ann Hiramoto
Under negotiation: price and terms of payment
     
14.
Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297   
15.
Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318   
16.
Romines v. City of Lancaster, et al,, LASC Case No.  20AVCV00345   
17.
Mahoney v. City of Lancaster et al, LASC Case No. 20AVCV00199   
18.
Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205   

ADJOURNMENT
Next Regular Meeting:
August 11, 2020- 5:00 PM 

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act and Executive Order N-29-20, the City has implemented a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility.  If you need special assistance to participate in this telephonic meeting, please contact the City Clerk at (661)723-6020 or via email at [email protected].  To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend.  Due to difficulties in securing sign language interpreters, five or more business days notice is strongly recommended.  For additional information, please contact the City Clerk at (661)723-6020.
 
AGENDA ADDENDUM INFORMATION
On occasion items may be added after the agenda has been mailed to subscribers. Copies of the agenda addendum item will be available at the City Clerk Department and are posted with the agenda on the windows of the City Council Chambers. For more information, please call the City Clerk Department at (661) 723-6020.
 
All documents available for public review are on file with the City Clerk Department.