Meeting
 





Tuesday, October 11, 2022
Regular Meeting – 5:00 p.m.

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on October 7, 2022
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


Lancaster Housing Authority
Chair Kitty Szeto
Vice Chair Marvin Crist
Authority Member Cassandra Harvey
Authority Member Raj Malhi
Authority Member Kenn Mann
 















 
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.
 
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/Housing/California Choice Energy Authority

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

ROLL CALL
Lancaster Housing Authority Members: Harvey, Malhi, Mann; Vice Chair Crist, Chair Szeto

INVOCATION
Jeremy Hartley, Grace Chapel

 

PLEDGE OF ALLEGIANCE
 

COUNCIL ACTIONS


 

CONSENT CALENDAR


 

CC 1.
Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)   
CC 2.
Approve the City Council/Successor Agency/Financing/Housing/Power/California Choice Energy Authority Regular Meeting Minutes of September 13, 2022.    
CC 3.
Check Registers – August 21, 2022, through September 24, 2022    Recommendation(s):
Approve the Check and Wire Registers for August 21, 2022, through September 24, 2022, in the amount of $11,585,975.20 as presented.

At each regular City Council Meeting, the City Council is presented with a check and ACH/wire registers listing the financial claims (invoices) against the City for the 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 4.
Monthly Report of Investments – August 2022    Recommendation(s):
Accept and approve the August 2022 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 5.
Task Order for Multi-Year Professional Services (Service Group Category 1 - Construction Management) Construction Management Services for the Installation of Fiber Optic Cabling Throughout the City (Reference CDP 23-04 – Race Communications)    Recommendation(s):
Approve Task Order No. 3 – Additional Authorization 1, with DMR Team, Inc., of Chatsworth, California, for services in accordance with the Multi-Year Professional Services Agreement, Service Group Category (SGC) 1 – Construction Management and Inspection, for On‑Call Construction Management and Inspection Services in the amount of $615,600.00 with a 20% contingency; and authorize the City Manager, or his designee, to sign all documents.

Race Communications has begun the task of installing fiber optic throughout the City of Lancaster.  This is a four-phase project lasting (18) eighteen months.  In August of 2022, we contracted for Phase 1 of the project in an effort to augment staff and meet the demand for inspection, so as not to delay the project.  


CC 6.
Conditional Use Permit No. 18-12 - Acceptance of Improvements (Streets)    Recommendation(s):
Approve the following developer-constructed streets, and accept the streets for maintenance by the City and for public use.

Project                                                 Location/Owner
Conditional Use Permit No. 18-12     166 West Avenue J-5
                                                            Owner:  GAMA Lancaster, LLC

The streets have been constructed and completed by the developer according to the approved plans and specifications.  The work has been inspected and found to be satisfactory to the Senior Director - Development Services.

 

CC 7.
Site Plan Review No. 17-01 - Acceptance of Improvements (Sewer)    Recommendation(s):
Approve the following developer-installed sanitary sewer, and accept the sewer for maintenance by the City and for public use:

Project No.                               Private Contract No.       Location/Owner
Site Plan Review No. 17-01               99-01                     824 West Avenue L-6
                                                                                          Owner: SEG Opportunity Properties, LLC

The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications.  The work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 8.
Update to the Safe Routes to School Master Plan     Recommendation(s):
Adopt Resolution No. 22-52, approving the Updated Lancaster Safe Routes to School Master Plan.

In 2017, the City adopted Resolution No. 17-05, approving the City of the Lancaster Safe Routes to School (SRTS) Master Plan. During the process of City staff working on an Active Transportation Program Cycle 5 (2020) application for a Safe Routes to School capital improvement project, it was determined that due to significant changes to the built environment, school attendance zones, the economy, local work, and travel patterns, and demographics, the City’s Safe Routes to School Master Plan needed to be updated.


CC 9.
Declaration of Surplus Land    Recommendation(s):
Adopt Resolution No. 22-53, declaring pursuant to Section 54221 of Government Code that  land is surplus and not necessary for the City’s use.

The City of Lancaster, owns a number of vacant parcels throughout the community, acquired for the purposes of economic development as well as capital improvement projects.  Staff has identified a number of parcels that will not be utilized for development projects implemented, owned, and/or operated by the City. 

 

CC 10.
Professional Services Agreement for Public Art Installation – Superbloom! by Creative Machines, Joe O'Connell    Recommendation(s):
1. Approve the proposed public art installation “Superbloom!” by Joe O’Connell to be installed at Lancaster Boulevard and 10th Street West pocket park; and
2. Authorize the City Manager, or his designee, to sign all agreements and associated documents.

The City adopted a Public Art Policy on November 13, 2018. Since the adoption, city staff have facilitated the installation of over fifty-six (56) public art murals through the bi-annual Antelope Valley Walls (formerly POW!WOW! AV), as well as the installation of four (4) crosswalk murals, art in three (3) roundabouts, three (3) educational exhibits in Prime Desert Woodland, and two (2) sculptures in front of MOAH.  As part of the FY23 Budget, City Council approved $525,000 in Capital Improvement Funds to further the investment in Public Art.


CC 11.
SBA Cell Tower Expansion at Tierra Bonita Park    Recommendation(s):
1. Approve a 12-year lease extension and expansion of SBA Steel LLC, a Florida limited liability company, at Tierra Bonita Park, also known as cell tower #CA 45713-A, with the terms to run concurrently with the existing ground lease expiring 9/28/2034, and 100 square feet of additional space for the placement of a generator required for the second tower tenant, Dish Network.
2. Accept a 50% revenue share for the second tower tenant, approximately $800, in additional monthly revenue above existing revenue to account 101-3402-100.
3. Authorize the City Manager, or his designee, to sign in substantially the form attached with non-substantive changes approved by the City Attorney.
 

The amendment will approve an additional one hundred (100) square feet of ground space for a total of 706 square feet at the park to add a generator required for the colocation of the second tower tenant and revenue sharing to begin. 


CC 12.
Construction Award of Bid – PWCP 23-020 – Lancaster Health District Phase 1 LACMTA Project ID# F9131    Recommendation(s):
Award PWCP 23-020, Lancaster Health District Phase 1 LACMTA Project ID# F9131, to Nationwide Contracting Services, Inc., of Fountain Valley, California, Base Bid Items in the amount of $4,809,287.50 plus a 20% contingency, to install Lancaster Health District (LHD) Phase 1 sewer improvements, storm drain improvements, intersection improvements, and temporary construction access pavement. 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).
 

CC 13.
Professional Services Agreement for Consulting Services with Berkeley Research Group for the purpose of creating a Community Finance Lender    Recommendation(s):
a. Award a Professional Services Agreement for Consulting Services to Berkeley Research Group (“BRG”) for the purpose of creating a Community Finance Lender (“CFL”), subject to legal opinion and Department of Financial Protection and Innovation (“DFFI”) approval in the amount of $525,000.
b. Authorize the City Manager or designee to     execute such agreement.
 

CC 14.
Zone Text Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments (Chapter 17.10, Chapter 17.12, Chapter 17.16 and Chapter 17.42)    Recommendation(s):
Adopt Ordinance No.  1093, amending Chapter 17.10, Chapter 17.12, Chapter 17.16 and Chapter 17.42 of the Lancaster Municipal Code relating to Alcoholic Beverage Establishments.

CC 15.
Proceedings to Form Proposed Community Facilities District No. 2021-1 (Public Services)     Recommendation(s):
Adopt Resolution No. 22-54, for intention to establish a community facilities district, proposted to be named  City of Lancaster Community Facilities District No. 2021-1 (Public Services).

The City of Lancaster has identified the need to fund the continuing expansion of demand for Public Services (fire and police) of public facilities associated with new development and population growth in the City.  In April of 2020, the City began talks with the Owner and a Special Tax Consultant to assist in the establishment of Community Facilities Districts (“CFD”) to levy a special tax to fund Public Services serving the new development. The City has received a petition from Hatzlacha Development LLC (the “Owner”), the owner and developer of APN: 3153-005-024 (Parcel 1), 3153-005-025 (Parcel 2), 3153-005-078 (Parcel 3), and 3153-005-088 (Parcel 4) (the “Property”) requesting the formation of the proposed CFDs, encompassing the Property, to finance:  
(a)        Parks and Recreation, Public Safety and Public Works (“CFD No. 2021-1 Public Services”).


CONTINUED JOINT PUBLIC HEARING-HOUSING AUTHORITY & COUNCIL


 

CJPH1.
Road Easement for Future Avenue J-2 (APN No. 3123-016-904)    Recommendation(s):
1.    Adopt Resolution No. 22-49, accepting Road Easement for APN No. 3123-016-904.

2.    Authorize the City Manager, or his designee, to execute all related documents.

That the Housing Authority:

1.     Adopt Resolution No. HA 2-22, granting Road Easement for APN 3123-016-904, for future Avenue J-2, to the City of Lancaster.

2.    Authorize the City Manager, or his designee, to execute all related documents.

Future Avenue J-2 improvements will cross through a portion of a 1.6-acre vacant lot, identified as Assessor’s Parcel Number 3126-016-904, and owned by the Housing Authority (“Authority”). The total right-of-way acquisition to be donated is approximately 13,750 square feet. 
The Authority-owned lot is located in the Edge District which is one of the three sub-districts within the Mixed Use- Health District zone. The Edge District will be defined by well-shaded, walkable, neighborhood streets, and will contribute a large amount of new neighborhood-scale housing to the District. 

PUBLIC HEARING


 

PH 1.
Vacation of the Public Road Easement as Shown on Tract Map No. 35738, and Drainage and Sewer Easements reserved in Instrument Number 5613 of Official Records May 26, 1962, over Aldenvale Avenue    Recommendation(s):
Adopt Resolution No.   22-55, ordering the vacation of a public Road Easement as dedicated on Tract Map No. 35738, and Drainage and Sewer Easements reserved in Instrument Number 5613 of Official Records May 25, 1962, over Aldenvale Avenue located on the south side of Avenue I and approximately 465 feet east of the centerline of 20th Street West.

On July 30, 2021, Community Development Division Staff recommended Conditions of Approval for Site Plan Review No. 20-04.  The condition requires the vacation of Aldenvale Avenue to accommodate the construction of a proposed storm water basin. On September 13, 2022, the City adopted Resolution No. 22-50, declaring its intention to vacate the subject road easement and set October 11, 2022, as the date of the public hearing to receive testimony relative to the proposed vacation. 


NEW BUSINESS


 

NB1.
Purchase and Installation of City Hall Cameras & Door Access Control Panels     Recommendation(s):
Approve the following:
The purchase and installation of cameras for the City Hall Phase 1 & 2. There will be 37 Cameras phase 1, and 50 cameras on phase 2,  4 Security Door Access Control Panels, 13 Multi-format Card Readers; for a cost of $340,146.58. Project includes 13 licenses for 10 years to access application to view cameras and camera footage which will be stored in the cloud. This is one of many parts of the multi-part program to update City security.

The City of Lancaster has looked into installing a camera system on the City Hall Phase 1 & 2 project to enhance safety and security. The City followed the CMAS process, with EKC Enterprises receiving the work.


NB2.
Purchase and Installation of Public Safety Community Office Camera & Door Access Control Panels     Recommendation(s):
Approve the following:
The purchase and installation of cameras for the Public Safety Community Office. There will be 18 Cameras, 2 Security Door Access Control Panels, One Node and One Equipment Rack purchased for a cost of $154,041.19. This project includes a 10-year license to access application to view cameras and camera footage which will be stored in the cloud. This is one of many parts of the multi-part program to update City security.

The City of Lancaster has looked into installing a camera system on the Public Safety Community Office to enhance safety and security. The City followed the CMAS process, with EKC Enterprises receiving the work.


COUNCIL REPORTS


 

CR1.
Council Reports    

CALIFORNIA CHOICE ENERGY 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
 

This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item NOT ON THE AGENDA regarding City/Agency/Authority business and speaker cards must be submitted prior to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address.  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. State law prohibits the Legislative Body from taking action on items not on the agenda and your matter may be referred to the City Manager/Executive Director. Individual Speakers 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.         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

4.         Ramos v Patino, LASC Case No. MC027974
       
5.         Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

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

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

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

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

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

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

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

13.       Butts v. Lancaster, LASC 21STCP00389

14.       Lancaster v. Rives

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

16.        Ortiz v. Lancaster, LASC Case No. 21AVCV00001
17.        Aijala v. Lancaster, LASC Case No. 21STCV07841
18.        Gardner v. Dominoids, LASC Case No. 21AVCV00186
19.        Evans v. Lancaster, LASC Case No. 21AVCV00145
20.        Bojorquez v. Lancaster, LASC Case No. 20AVCV00894
21.        Arkey v. Lancaster, LASC Case No.20AVCV00816
22.        Perez v. Lancaster, LASC Case No. 20AVCV00589
23.        Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562
24.        Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863
25.        CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 3123-009-029
            Agency negotiators: Allison Burns, Mike Livingston
            Negotiating parties: Roger W. Pannier, Trustee of the Roger W. Pannier Revocable Trust,
            established April 25, 1988 as to an undivided ½ interest and Lorraine Prater, Trustee of the
            Prater Family Trust dated February 23, 1987, Lorraine Prater, Trustee of the Lorraine Alice
            Prater Survivors Trust dated October 8, 1993, Brian Lee Prater, Niel Howard Prater and
            Lloyd Bruce Prater, as their respective interest appear of record as to the remaining
            1/2 interest

            Under negotiation: Price and terms of payment
 
            CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 3123-009-035
            Agency negotiators: Allison Burns, Mike Livingston
            Negotiating parties: Gholwan Mechammil and Insaf Mechammil, husband and wife
            as joint tenants

            Under negotiation: Price and terms of payment
 
            CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 3125-021-002
            Agency negotiators: Allison Burns, Mike Livingston
            Negotiating parties: Ukani Enterprise Inc., a California Corporation
            Under negotiation: Price and terms of payment 
 

ADJOURNMENT
Next Regular Meeting:
October 25, 2022 at 5:00 PM

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this meeting, please contact the City Clerk at (661)723-6020. Services such as American Sign Language interpreters, a reader during the meeting, and/or large print copies of the agenda are available. 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.