Meeting
 

TELEPHONIC/VIRTUAL REGULAR MEETING

Tuesday, January 26, 2021
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 p.m. on January 22, 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

In response to Governor’s Executive Order N-29-20, this meeting will be conducted telephonically and video 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:917 9348 7622# PASSWORD:245508#.








 
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:917 9348 7622# PASSCODE: 245508#. 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
Rajan Zed
President, Universal Society of Hinduism
 

PLEDGE OF ALLEGIANCE
 

PRESENTATION
 

COUNCIL ACTIONS


 

MINUTES


 

M1.
Approve the City Council/Successor Agency/Financing/Housing/Power/California Choice Energy Authority Regular Meeting Minutes of  January 12, 2021.   
EMERGENCY DECLARATION


 

ED1.
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.

Staff and/or the Deputy Mayors will provide an update regarding the COVID-19 pandemic and its current impact in the City and the Antelope Valley.  The Council will be asked to take action(s) and/or give direction(s) based upon the most up-to-date data available.

ED2.
Resolution Confirming the Continued Existence of a Local Emergency    Recommendation:
Adopt Resolution No. 21-01, 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 has spiked in recent months. The national and local public health emergency resulting from 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. 21-01, 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.

ED3.
Field Hospital to Support Overflow Patients from COVID-19 Pandemic    Recommendation:
a. Authorize the expenditure of up to $822,100 to support the deployment and staffing of a field hospital to treat overflow patients at Antelope Valley Hospital as a result of the COVID-19 pandemic.
b. Appropriate $822,100 from General Fund Account No.101-2900-000, Fund Balance to Account No. 101-4431-304, Field Hospital.
c. Authorize the City Manager, or his designee, to finalize and execute all related documents.

Samaritan’s Purse will cover a significant portion of the costs associated with deployment of the field hospital through its own fundraising efforts.  Under the proposed action, the City will cover costs such as lodging, meals, and transportation for the Samaritan’s Purse medical personnel, as well as some costs associated with hospital deployment (i.e. equipment rental and installation, restrooms, fencing, etc.).  The approximate cost breakdown is as follows: Lodging: $335,000; Meals: $135,000; Transportation: $65,100; Deployment: $287,000. Costs for lodging, meals, and transportation are based on 70 personnel for 60 days.  Should the surge in cases diminish sufficiently that the field hospital is no longer needed before that time, costs will be reduced accordingly.  Conversely, should it be needed for a longer period, staff will return to the Council for additional appropriations should additional expenditures exceed the City Manager’s signing authority.

CALIFORNIA CHOICE ENERGY AUTHORITY - CONSENT CALENDAR
 

CCEA CC 1.
Receive California Choice Energy Authority Audited Annual Financial Report for Fiscal Year Ending June 30, 2020    Recommendation:
Receive California Choice Energy Authority (CalChoice) audited annual financial report for Fiscal Year ending June 30, 2020.

CalChoice has recently completed its annual financial audit for fiscal year ending June 30, 2020.  The audit was completed by CliftonLarsonAllen LLP (CLA), the same audit firm that is completing the financial audit for City of Lancaster.  The audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.  These procedures include a review of internal controls, testing of transactions and review of the financial statements in order for the auditors to express an opinion on the financial statements. 

 

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 – December 20, 2020 through January 9, 2021    Recommendation:
Approve the Check and Wire Registers for December 20, 2020 through January 9, 2021 in the amount of $7,190,562.73 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 – December 2020    Recommendation:
Accept and approve the December 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.
Award of Bid – Public Works Construction Project No. 21-003 - 2020 Summer Pavement Management Program (PMP)    Recommendation:
Award Public Works Construction Project No. 21-003, 2020 Summer Pavement Management Program (PMP), to Granite Construction Company, of Lancaster, California, in the amount of $4,688,158.50 Base Bid, plus Additive Alternate 1 (AA1) in the amount of $260,402.15, and Additive Alternate 2 (AA2) in the amount of $361,262.55, for a Total Bid of $5,309,823.20, plus a 10% contingency, to repair and resurface approximately twenty-nine (29) lane-miles of streets, as part of the City’s Pavement Management Program. 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 fourth project funded, in part, with road bond funds and will include approximately 29 lane-miles of roadway repair, and rehabilitation in the following project areas: (1) Sierra Highway – Lancaster Boulevard to Avenue J, (2) Avenue K – 20th Street West to 40th Street West, (3) AA1 Avenue J-12 – 20th Street West to Avenue K, and (4) AA2 Avenue H – 25th Street West to 40th Street West.


CC 5.
Final Map Approval – Tract Map No. 62578-02 (Located on the Southeast Corner of 42nd Street West and Avenue J-11)    Recommendation:
Approve the map and accept the dedications as offered on the map for Tract Map No. 62578-02; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate, which embodies the approval of said map and the dedications shown thereon.

On November 16, 2015, the Planning Commission approved Tentative Tract Map No. 62578.  The Final Map is in substantial conformance with the approved tentative map.  Tract Map No. 62578-02 has been examined by the City Surveyor, and is ready for Council approval.  In addition, an Undertaking Agreement and improvement securities have been submitted to guarantee the installation of improvements.
 

CC 6.
Takeout and Chill Extension    Recommendation:
Approve the extension of the Takeout and Chill component of the Restaurant Rescue Package through February 28, 2021.

Through the Takeout and Chill Program, the City issued 27,500 gift cards valued at $20.00 each to organizations throughout the community.  Participants included front-line workers, such as health care and first responders, grocery workers, major employers, local school districts, nonprofit/charitable organizations, and more.  Of these cards, 2,500 funded by Destination Lancaster were also distributed to member hotels.
Gift cards initially carried an expiration date of February 1, 2021.  The proposed extension would allow recipients to use cards through February 28, 2021.  This change will ensure that organizations who were closed over the holidays have sufficient time to distribute their cards, and that their employees in turn have sufficient time to utilize them before the deadline. This extension will help assure that the purpose of the Restaurant Rescue Package – to ensure the long-term vitality of these key local businesses – is fully achieved.

NEW BUSINESS


 

NB1.
Award of Bid – Public Works Construction Project No. 21-012 SR-138 (SR-14)/Avenue J Interchange Improvements, Avenue J, Between 15th Street West and 25th Street West (Phase 1 Local Streets)    Recommendation:
1. Authorize the City Manager, or his designee, to approve and sign Funding Agreement Amendment No. 1 and all other documents pertaining to the implementation and payment of funds for all Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R funded SR-138 (SR-14) Avenue J Capacity Enhancement project

2. Appropriate $1,828,500.00 in Measure R “Highway Equity” grant funds to account number 210-15BR007-924

3. Award Public Works Construction Project No. 21-012, SR-138 (SR-14)/Avenue J Interchange Improvements (Phase 1 Local Streets), to C.A. Rasmussen of Valencia, California, in the amount of $2,611,866.90 Base Bid, plus Additive Alternate AA1 in the amount of $1,970,519.40, and Additive Alternate AA2 in the amount of $ 730,021.60, for a Total Bid of $5,312,407.90, plus a 20% contingency for installation of Phase 1 Local street improvements.  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).

Phase I Local Streets will provide asphalt concrete resurfacing, striping, traffic signal upgrades, median, landscaping, and pedestrian improvements along Avenue J from 25th Street West to 20th Street West.  For Additive Alternate 1 (AA1), similar work will be performed on Avenue J from 20th Street West to 15th Street West, and for Additive Alternate 2 (AA2), on 20th Street West from Avenue J to Avenue J-8.
 

COUNCIL AGENDA


 

CA1.
Consider nomination and appointment of Maria Cusas as Deputy Mayor.   
COUNCIL REPORTS


 

CR1.
Council Reports    

LANCASTER HOUSING AUTHORITY
 

No action required at this time.    

LANCASTER FINANCING AUTHORITY
 

No action is required at this time.    

LANCASTER POWER AUTHORITY
 

No action required at this time.    

LANCASTER SUCCESSOR AGENCY
 

No action is 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 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:917 9348 7622 PASSWORD:245508#. Individual comments are limited to three (3) minutes 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 - Anticipated Litigation: consideration of initiation of  litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.     
4.
Desert-Candle, LP v. Frontier Homes, LLC, LASC Case No. 20STCV05178     
5.
Kappler v. Lancaster, LASC 18STCVO4990     
6.
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        
7.
Ramos v Patino, LASC Case No. MC027974     
8.
Lozoya v. City of Lancaster, LASC Case No. 19AVCV00714     
9.
Johnson v. City of Lancaster, LASC Case No. 19AVCV00824      
10.
Rahier v. City of Lancaster, LASC Case No. 19AVCV00163      
11.
Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556      
12.
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       
13.
Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297        
14.
Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318     
15.
Romines v. City of Lancaster, et al,, LASC Case No.  20AVCV00345     
16.
Mahoney v. City of Lancaster et al, LASC Case No. 20AVCV00199       
17.
Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205     
18.
Davis v. State of California, LASC Case No. 19AVCV00805     
19.
Lancaster v. Netflix, et al., LASC 21STCV01881
    

ADJOURNMENT
Next Regular Meeting:
February 9, 2021  at 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.