Meeting
 



Tuesday, July 27, 2021
Regular Meeting – 5:00 p.m.

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on July 23, 2021
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

 
UPDATED MEETING PROCEDURE:
To ensure public safety measures while maintaining transparency and public access, members of the public may participate in one of the following ways:

o In person at Council Chamber:


Ø Consistent with public health officer’s order, each member of the public wishing to attend the meeting in person are asked to wear a mask regardless of vaccination status. 

o Virtual Platform [Zoom]:


Ø In response to Governor’s Executive Order N-08-21, this meeting will also be conducted telephonically and video streamed live on Channel 28 and the City’s website: https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings-agendas-and-minutes/public-meetings-web-streaming
Ø PUBLIC COMMENTS ON AGENDIZED ITEMS MAY BE RECEIVED BY DIALING 1-877-853-5257 USING MEETING ID: 856 5763 1586# PASSWORD:935662#

 
 
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
Any person who would like to address the Legislative Bodies on any agendized item is requested to complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the agenda item you would like to discuss.   Each person will be given an opportunity to address the Legislative Body at the time such item is discussed.  Speaker cards are available at the rear of the Council Chambers and your speaker card must be filled out prior to the agenda item being called.  We respectfully request that you fill the cards out completely and print as clearly as possible.  Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation.  Individual speakers are limited to three (3) minutes each.
 
In accordance with Governor’s Order N-08-21, 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/our-city/departments-services/city-clerk/meetings-agendas-and-minutes/public-meetings-web-streaming  The public may participate in the meeting by DIALING 1-877-853-5257 USING MEETING ID: 856 5673 1586# PASSCODE: 935662#.  Individual speakers are limited to three (3) minutes each 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
 

PLEDGE OF ALLEGIANCE
 

PRESENTATIONS
 

1.
Presentation to the City of Lancaster
Presented by: Newton Chelette, Paraclete High School Varsity Head Coach 
 
2.
Recognition of Former Deputy Mayor Heather Varden
Presenter: Jason Caudle, City Manager 
 
3.
Proclamation & Recognition of Vaccination Site Administrators 
Presenter: Jason Caudle, City Manager 
 
 
4.
COVID-19 Small Business Relief Recap
Presenter: Sydney Yeseta, Assistant Manager-Economic Development
 
 
5.
Communications Update
Presenter: Jennifer Seguin, Manager-Communications 
 
COUNCIL ACTIONS


 

MINUTES


 

M1.
Approve the City Council/Successor Agency/Financing/Power/California Choice Energy Authority Regular Meeting Minutes of July 13, 2021.    
EMERGENCY DECLARATION


 

ED 1.
COVID-19 Pandemic Updates and Actions     Recommendation:
1. Receive update from staff and/or deputy mayors regarding COVID-19 pandemic status.
2. Direct staff to take actions in response to updated COVID-19 information.
3. Authorize the City Manager to take actions, execute documents and/or expend funds in response to the COVID-19 pandemic.
4. Authorize and/or direct the City Attorney, with the concurrence of the City Manager, to take actions, execute documents and expend funds in response to legal issues pertaining to the COVID-19 pandemic.

ED 2.
Resolution Confirming the Continued Existence of a Local Emergency    Recommendation:
Adopt Resolution No. 21-45, a resolution of the City Council of the City of Lancaster, California, confirming the continued existence of a local emergency in the City of Lancaster, California.

The number of COVID-19 cases in Los Angeles County are decreasing.  However, the percentage of residents in the Antelope Valley who have received vaccinations has not yet reached a level that is expected to create “herd immunity,” and as a result, the local public health emergency caused by the COVID-19 pandemic remains in effect, and the virus continues to pose a threat to the health and safety of residents in the City of Lancaster.  Staff recommends that City Council adopt Resolution No. 21-45 to again confirm the continued existence of the local emergency, as required by the California Emergency Services Act (the “Act,” set forth at Cal. Gov’t. Code §§8550-8668), and, in accordance with the Act, to regularly review the need for continuing the local emergency.
 

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 27, 2021 through July 10, 2021    Recommendation:
Approve the Check and Wire Registers for June 27, 2021 through July 10, 2021 in the amount of $6,243,838.98 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 2021    Recommendation:
Accept and approve the June 2021 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 PWCP 16-007 - 2017 Traffic Signal Upgrades    Recommendation:
Accept the work constructed by California Professional Engineering, Inc., for PWCP 16-007, 2017 Traffic Signal Upgrades, and direct the City Clerk to file the Notice of Completion for the project.  Retention on this project will be disbursed in accordance with California Public Contract Code.

The City’s Traffic Engineering Section regularly surveys the City’s traffic signals. This includes both looking at traffic flow and traffic safety. Five (5) locations were identified where adding protected left turns would increase both the traffic flow and safety of those locations: Milling Street/Lancaster Boulevard/Division Street; 10th Street West/Newgrove Avenue; 20th Street West/Avenue J-8; 17th Street East/Avenue J; and 27th Street West/Avenue J. The City subsequently hired a consultant traffic engineer to design the proposed improvements.


CC 5.
Appropriation of Federal HSIP Funds for 10th Street West and Avenue J Improvements HSIPL-5419 (053) (Reference PWCP 19-002)    Recommendation:
1. Recognize $360,000.00 of additional grant fund revenue from the State of California, Department of Transportation (Caltrans) Federal Highway Safety Improvement Program (HSIP) for additional Construction (CON) funds to Revenue Account Number 399‑3301211 and appropriate to Expenditure Account Number 399‑12ST039‑924.

2. Authorize the City Manager to execute all related documents.

The 10th Street West and Avenue J Improvement Project is part of a comprehensive effort by the City of Lancaster to achieve a significant reduction in traffic fatalities and collisions for pedestrian and bicyclists on public roads.  On April 26, 2015, the City of Lancaster applied for the Cycle 7 Call for Projects of the Caltrans Federal Highway Safety Improvements Program (HSIP).  The City was awarded a grant total of $2,729,700.00, with a local matching fund requirement of $272,970.00. 
The proposed project is approximately 2.68 miles in length on two (2) major arterial streets, Avenue J and 10th Street West. 

CC 6.
Award of Bid – PWCP 21-009 - 2021 Summer Pavement Management Program    Recommendation:
Award PWCP 21-009, 2021 Summer Pavement Management Program, to Sully-Miller Contracting Company of Brea, California, in the amount of $5,774,450.00 plus a 10% contingency, to repair and resurface approximately fifteen (15) lane-miles of streets, as part of the City’s Pavement Management Program (PMP). Authorize the City Manager, or his designee, to sign all documents.  This contract is awarded to the lowest responsible bidder per California Public Code Section 22038 (b).

The proposed project will be the sixth project funded, in part, with road bond funds in addition to gas tax funds, TDA Article 8 funds, Proposition C funds, and Measure R funds.  The proposed project will include approximately fifteen (15) lane-miles of roadway repair and rehabilitation in the following project areas: (1) 15th Street West from Avenue J-8 to Youngblood Place, (2) 25th Street West from Avenue K to Avenue L, (3) Avenue J from 10th Street West to Beech Avenue, (4) Avenue J from Trevor Avenue to Challenger Way, and (5) Avenue M from 3rd Street East to 4th Street East.


CC 7.
Award of Bid – PWCP 21-011 - SR-138 (SR-14) Avenue K Interchange Improvements Phase 1 Recycled Water Line    Recommendation:
Award PWCP 21-011, SR-138 (SR-14) Avenue K Interchange Improvements, Phase 1 Recycled Water Line to Ferreira Construction Company Inc., of Rancho Cucamonga, California, in the amount of $2,530,248.00 plus a 10% contingency to construct a recycled water line along Avenue K from 15th Street West to 10th Street West.  Authorize the City Manager, or his designee, to sign all documents.  This contract is awarded to the lowest responsible bidder per California Public Code Section 22038 (b). 

This project is Phase 1 of the SR-138 (SR-14) Avenue K Interchange Improvements.  The project proposes to construct a recycled water line on Avenue K from 15th Street West to 10th Street West.


CC 8.
Multi-Year Professional Service Agreements for Real Estate Broker Services    Recommendation:
1. Approve Multi-Year Professional Service Agreements with each of the pre-qualified real estate broker firms on the attached list.

2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the Professional Service Agreements.

In September of 2020, City Council approved Resolution 20-49, declaring certain parcels of land owned by the City of Lancaster, Lancaster Successor Agency, and the Lancaster Housing Authority as surplus.  The Surplus Land Act requires the City to formally declare parcels surplus before selling or leasing the parcels for private development.  
Following the City Council’s action, a Notice of Availability was sent to specified entities who had sixty (60) days to notify the City of their interest in the properties.  The City received no interest in any of the surplus parcels.  The required documentation was provided to the California Department of Housing and Community Development (“HCD”) for their review.  The review period has ended and the City is now able to lease or sell the specified parcels.


CC 9.
Approval of the Cayenta annual maintenance invoice for FY 22    Recommendation:
Approve payment of the Cayenta annual maintenance invoice for fiscal year 2022.

Cayenta, a division of Harris Computer Systems, is an integrated suite of financial software applications for local government. The City has been using Cayenta for its financial software since 1987 and relies on Harris Computer Systems for support and maintenance.  This allows staff to have access to vendor resources for support if the need arises as well as providing the city with patches and updates to the system as needed. 

CC 10.
Acknowledge and Accept the American Rescue Plan Act Funds    Recommendation:
Staff recommends that the Mayor and City Council review and approve staff’s recommended budget adjustment for fiscal year 21/2022 to acknowledge receipt of the first American Rescue Plan Act (ARPA) payment in an amount of $18,170,280.50.

The American Rescue Plan Act (ARPA), a $1.9 trillion economic stimulus bill, was signed into law by President Biden on March 11, 2021. The Act builds on measures in the March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) December 2020. Within the ARPA, the Coronavirus State and Local Fiscal Recovery Fund provides $350 billion for states, municipalities, counties, tribes, and territories, including $130 billion for local governments, split evenly between municipalities and counties. The City of Lancaster expects to receive $36.34 million in Recovery Funds, made in two payments. The first payment of $18,170,280.50 was processed on June 30, 2021 and a second payment in the same amount is expected June 30, 2022, a year from the initial disbursement.

COUNCIL REPORTS


 

CR1.
Summary of the June 22, 2021, Board of Directors Meeting for the Antelope Valley Transit Authority (AVTA)   
CR2.
Summary of the July 8, 2021, High Desert Corridor Joint Powers Authority Board of Director’s Meeting   
CR3.
Summary of the July 1, 2021, SCAG Transportation Committee Regular Meeting   
CR4.
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
 

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 - Anticipated Litigation: consideration of initiation of  litigation
            pursuant to Government Code Section 54956.9(d) (4) - two potential cases.

4.         Antelope Valley Groundwater Cases Included Action:
            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

5.         Ramos v Patino, LASC Case No. MC027974

6.         Lozoya v. City of Lancaster, LASC Case No. 19AVCV00714

7.         Johnson v. City of Lancaster, LASC Case No. 19AVCV00824

8.         Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

9.         Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556

10.       Conference with Real Property Negotiators:
            Property: APNs 3124-012-008&009
            City negotiators: Mike Livingston, Allison Burns
            Negotiating parties: Ann Hiramoto; Tina Yoke
            Under negotiation: price and terms of payment

11.       Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297

12.       Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318

13.       Romines v. City of Lancaster, et al,, LASC Case No. 20AVCV00345

14.       Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205

15.       Davis v. State of California, LASC Case No. 19AVCV00805

16.       Lancaster v. Netflix, et al., LASC 21STCV01881

17.       Butts v. Lancaster, LASC 21STCP00389

18.       Lancaster v. Rives

19.        Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290-
             JGB(SHKx)

20.        Ortiz v. Lancaster, LASC Case No. 21AVCV00001
21.        Aijala v. Lancaster, LASC Case No. 21STCV07841
22.        Gardner v. Dominoids, LASC Case No. 21AVCV00186
23.        Evans v. Lancaster, LASC Case No. 21AVCV00145
24.        Bojorquez v. Lancaster, LASC Case No. 20AVCV00894
25.        Arkey v. Lancaster, LASC Case No.20AVCV00816
26.        Perez v. Lancaster, LASC Case No. 20AVCV00589
  
 

ADJOURNMENT
Next Regular Meeting:
August 10, 2021 at 5:00 PM

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act and Executive Order N-08-21, 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.