Meeting



Tuesday, March 14, 2023
Regular Meeting – 5:00 PM

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on March 10, 2023
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 Member 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
Housing Authority Member  Cassandra Harvey
Housing Authority Member Raj Malhi
Housing Authority Member Ken 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/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
Sean Appleton, Hope Chapel 

PLEDGE OF ALLEGIANCE
 

LANCASTER HOUSING AUTHORITY

 

LHA CC 1.
Exclusive Negotiating Agreement with Ravello Holdings, Inc.    Recommendation:
1. Authorize the Executive Director or his designee to negotiate, finalize and execute an Exclusive Negotiating Agreement with Ravello Holdings, Inc. to enter into negotiations for a six-month period for the    potential disposition of property owned by the Lancaster Housing Authority, requiring a deposit of $50,000.00.

2. Authorize the Executive Director or his designee to negotiate, finalize and execute all related documents in a form approved by the City Attorney.

3. Find that this item is not subject to the California Environmental Quality Act.
 

LHA CC 2.
Acquisition of Property    Recommendation:
1. Authorize the Executive Director, or his designee, to negotiate, finalize, and execute an Agreement to Purchase Los Angeles County Tax Defaulted Property for APNs 3138-036-015, 3138-036-014, 3138-036-013, 3170-006-014, and 3170-006-009 in a form approved by the City Attorney.

2. Adopt Resolution No.             , authorizing purchase of tax-defaulted property (APNs 3138-036-015, 3138-036-014, 3138-036-013, 3170-006-014, and 3170-006-009).

3. Find that the California Environmental Quality Act does not apply to this item.

4. Authorize the Executive Director, or his designee, to finalize and execute all related documents.

5. Appropriate $60,000 from Account No. 306-2900-000, Fund Balance to operating Account No. 306-4792-912

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/Power/California Choice Energy Authority Regular Meeting Minutes of February 28, 2023.   
CC 3.
Check Registers – February 12, 2023, through February 25, 2023    Recommendation:
Approve the Check and Wire Registers for February 12, 2023, through February 25, 2023, in the amount of $6,026,569.99 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.
Final Map Approval – Tract Map No. 82830 (Located at the Northeast Corner of Newgrove Street and 65th Street West)    Recommendation:
1. Approve the map and accept the dedications as offered on Tract Map No. 82830 located at the northeast corner of Newgrove Street and 65th Street West; 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. 

2. Find that the City has complied with the California Environmental Quality Act. An Initial Study (IS) was prepared and a Notice of Determination (NOD) was filed and posted on August 24, 2020.

The Final Map is in substantial conformance with the approved tentative map. Tract Map No. 82830 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 5.
Final Map Approval – Tract Map No. 82831 (Located at the Northwest Corner of Newgrove Street and 62nd Street West)    Recommendation:
1. Approve the map and accept the dedications as offered on Tract Map No. 82831 located at the northwest corner of Newgrove Street and 62nd Street West; 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. 

2. Find that the City has complied with the California Environmental Quality Act.  An Initial Study (IS) was prepared and a Notice of Determination (NOD) was filed and posted on August 24, 2020.

The Final Map is in substantial conformance with the approved tentative map. Tract Map No. 82831 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.
SPR 15-03 - Acceptance of Improvements (Drainage Maintenance District)    Recommendation:
1. Approve and accept for maintenance the work and materials of the drainage improvements for the following Drainage Maintenance District annexation, installed by the developer of the subject project: 

Project                                        Annexation No.          Location/Owner
Site Plan Review No. 15-03      15-01                           Northwest corner of Avenue H and Division Street
                                                                                      Owner:  PARC Land Holdings, LLC

2. Find that the City has complied with the California Environmental Quality Act.  An Initial Study was approved by staff on June 4, 2015, and a Notice of Determination was filed and posted on June 24, 2015.
On May 22, 2018, the City Council adopted a Resolution of Intention initiating proceedings for levying of an assessment into the Lancaster Drainage Benefit Assessment District.
 
The territory was annexed into the Lancaster Drainage Benefit Assessment District with the annual resolution levying the assessment for said district on June 12, 2018. The drainage improvements for this project have been installed by the developer according to the approved plans and specifications.  The improvements have been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 7.
SPR 15-03 - Acceptance of Improvements (Recycled Water)    Recommendation:
1. Approve the completed recycled water system installed by the developer for the following project:

Project No.                                                Location/Owner
Site Plan Review No. 15-03                     Northwest Corner of Avenue H and Division Street
                                                                  Owner:  Parc Land Holdings, LLC

2. Find that the City has complied with the California Environmental Quality Act.  An Initial Study was approved by staff on June 4, 2015, and a Notice of Determination was filed and posted on June 24, 2015.

The recycled water system for this project has been constructed according to the approved plans and specifications.  Additionally, the work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 8.
Joint Use Agreement with Southern California Edison Company for Tract No. 061535 – Southwest Corner of Avenue J and 42nd Street West    Recommendation:
1.  Approve the Joint Use Agreement with the Southern California Edison Company (SCE) to provide for the relocation of existing SCE facilities necessitated by the proposed widening of Avenue J.

2. Find that the City has complied with the California Environmental Quality Act.  An Initial Study (IS) was prepared and a Notice of Determination (NOD) was filed and posted on June 6, 2006.

As a condition of approval for the development of Tract No. 061535, the Developer was conditioned to construct and/or improve Avenue J in the City of Lancaster, County of Los Angeles, state of California.  The existing SCE facilities currently located within the existing right-of-way will need to be relocated to their ultimate location within the expanded right-of-way.  In order to preserve SCE’s prior easement rights and to accommodate the street improvements, SCE has requested that the City enter into a Joint Use Agreement.  The project cannot be completed as designed without entering into the subject agreement.
 

CC 9.
SPR 15-03 - Acceptance of Improvements (Water)    Recommendation:
1. Approve the completed water system installed by the developer for the following project:

Project No.                                       Location/Owner
Site Plan Review No. 15-03            Northwest corner of Avenue H and Division Street
                                                               Owner:  Parc Land Holdings, LLC

2. Find that the City has complied with the California Environmental Quality Act.  An Initial Study was approved by staff on June 4, 2015, and a Notice of Determination was filed and posted on June 24, 2015.

CC 10.
SPR 19-06 - Acceptance of Improvements (Streets)    Recommendation:
1. Approve the developer-constructed streets on the following project.  In addition, accept the streets for maintenance by the City and for public use.

Project No.                                          Location/Owner
Site Plan Review No. 19-06               44249 20th Street West
                                                            Owner:  Saharan Real Estate Investments, LLC 

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed and posted on September 16, 2020.

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 11.
SPR 19-06 - Acceptance of Improvements (Water)    Recommendation:
1. Approve the completed water system installed by the developer for the following project:

Project No.                                          Location/Owner
Site Plan Review No. 19-06               44249 20th Street West
                                                           Owner:  Saharan Real Estate Investments, LLC

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed and posted on September 16, 2020.

Water system improvements are accepted by the City in order to exonerate the Developer’s Undertaking Agreement and release of improvement securities.  The water system for this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District 40-04, Antelope Valley, and was constructed according to the approved plans and specifications.  Additionally, the work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 12.
SPR 20-03 - Acceptance of Improvements (Water)    Recommendation:
1. Approve the completed water system installed by the developer for the following project:
Project No.                                          Location/Owner
Site Plan Review No. 20-03               42723 Challenger Way
                                                            Owner:  Challenger JRC, LLC
2.  Find that the California Environmental Quality Act does not apply, as the project is
 exempt under Section 15332 of the CEQA guidelines.

Water system improvements are accepted by the City in order to exonerate the Developer’s Undertaking Agreement and release of improvement securities.  The water system for this project has been constructed and completed to the satisfaction of the local water purveyor, Landale Mutual Water Company, and was constructed according to the approved plans and specifications.  Additionally, the work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 13.
Street Name Change – Avenue L West to Balmont Street    Recommendation:
1. Adopt Resolution No.            , directing and authorizing the street name change of Avenue L West, the westbound frontage road parallel to the Avenue L Bridge and Sierra Highway, to Balmont Street.

2. Find that the California Environmental Quality Act does not apply.

CC 14.
Acquisition of Property    Recommendation:
1. Authorize the City Manager, or his designee, to negotiate, finalize, and execute an Agreement to Purchase Los Angeles County Tax Defaulted Property for APNs 3128-010-028 and 3268-019-111 in a form approved by the City Attorney.

2.       Adopt Resolution No.           , authorizing purchase of tax-defaulted property (APNs 3138-036-015, 3138-036-014, 3138-036-013, 3170-006-014, and 3170-006-009).

3.       Find that the California Environmental Quality Act does not apply to this item.

4.        Authorize the City Manager, or his designee, to finalize and execute all related documents.

CC 15.
Amending Classification and Compensation Schedule and Increasing the Full Time Equivalent (FTE) Headcount    Recommendation:
1. Adopt Resolution 23-XX, amending Resolution 22-62, establishing a compensation schedule for various classifications of employees of the City of Lancaster and adding one (1) FTE position.
2. Approval a budget adjustment in the amount of $14,000 in revenue account 101-3706601 and no adjustment is needed to fund the position costs as the revenue and expenditures are offset to add the FTE position to service the AVAQMD contract.

The additional FTE position is the determined need by the Antelope Valley Air Quality Management District. Adjustments applied to the employee group 8000 for Temporary Employees, will allow The City to be more competitive with nearby agencies in all temporary classifications.
 

JOINT PUBLIC HEARING


 

JPH1.
Amendment to the Adopted Budget and Capital Improvement Program for Fiscal Year 2022-2023.    Recommendation:
Adopt Resolution No. 23-XX, authorizing an amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2022-2023.

Since adoption of the Budget and Capital Improvement Program for the Fiscal Year 2022-2023 in June 2022, staff has identified some recommended adjustments to revenues and expenditures. The recommended amendments include implementation of the Reserve policy, amending estimated revenues and appropriating new expenditures as provided in the attachment. The recommended adjustments are in accordance with proper governmental accounting and financial practices, Council approved objectives and restricted revenue objectives.

COUNCIL REPORTS


 

CR1.
Council Reports    

LANCASTER FINANCING AUTHORITY
 

No action required at this question.   

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

26.      CONFERENCE WITH REAL PROPERTY NEGOTIATORS
           Property: APNs 3123-001-062 and 3123-004-045
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties: HD Development of Maryland Inc.,
           Under negotiation: price and terms of payment

           Property: APN 3123-003-099
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties: Tane, LLC
           Under negotiation: price and terms of payment


           Property: APN 3123-003-100
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties: The James Owen Fourr 2018 Revocable Trust
           Under negotiation: price and terms of payment

            Property: APNs 3123-004-037 and 3123-004-038
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties: Palmdale Grand Plaza, LLC
           Under negotiation: price and terms of payment

            Property: APN 3123-004-048
            Agency negotiators: Trolis Niebla and Allison Burns
            Negotiating parties: Palmdale Grand Plaza, LLC
            Under negotiation: price and terms of payment

            Property: APN 3123-004-047
            Agency negotiators: Trolis Niebla and Allison Burns
            Negotiating parties: Crowne Point Equity, LLC
            Under negotiation: price and terms of payment

           Property: APN 3123-012-902
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties: Lancaster School District
           Under negotiation: price and terms of payment

           Property: APNs 3123-016-004 and 3123-016-005
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties:  J-4 Development LLC
            Under negotiation: price and terms of payment

           Property: APN 3123-016-085
           Agency negotiators: Trolis Niebla and Allison Burns
           Negotiating parties: The Randall H. Kaufman 1998 Trust
           Under negotiation: price and terms of payment
    

ADJOURNMENT
Next Regular Meeting:
March 28, 2023 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.