Meeting



Tuesday, April 11, 2023
Regular Meeting – 5:00 PM

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



















 
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
 

INVOCATION
John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE
 

PRESENTATIONS

1.
Certificate of Recognition to Antelope Valley Adventist School Student Riley Smith
Presenters: Mayor Parris & Jason Caudle, City Manager
2.
Recognition of Quartz Hill High School Boy’s Soccer Team
Presenters: Mayor Parris & Jason Caudle, City Manager
COUNCIL ACTIONS

 

EMERGENCY DECLARATION

 

ED 1.
Termination of Local Emergency     Recommendation(s):
Adopt a Resolution proclaiming the termination of the Local Emergency and the Local Health Emergency caused by the novel coronavirus (COVID-19). 

As community spread of COVID-19 has decreased locally and statewide and the need for continued resources to respond to this public health crisis are now within the control of the services, personnel, equipment, and facilities of the City, the City of Lancaster, has determined that there is no longer a need to continue the local emergency.

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 March 28, 2023.
    
CC 3.
Check Registers – March 12, 2023, through March 25, 2023    Recommendation(s):
Approve the Check and Wire Registers for March 12, 2023, through March 25, 2023, in the amount of $4,003,205.73 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.
Adoption of a Resolution Authorizing the Execution of a Surety Bond to Meet the Financial Security Requirement For Lancaster Energy    Recommendation(s):
Adopt Resolution No. ______, authorizing the execution of a Surety Bond to meet the Financial Security Requirement For Lancaster Energy.

The City’s Community Choice Aggregation (CCA) Program, Lancaster Energy (LE), was established by the City Council through the adoption of Ordinance 997 on May 27, 2014.  LE began serving customers in May 2015.  In 2018, the CPUC issued Decision 18-05-022 (Decision) which established reentry fees and financial security requirements for CCAs.  The purpose of the Financial Security Requirement (FSR) instrument is to cover reentry fees borne by the Investor-Owned Utility (IOU) in the event of a mass involuntary return of CCA customers to the IOU, such as a decertification of a CCA or a CCA failure.  The IOU may only withhold funds from the financial security instrument for unpaid administrative or procurement costs associated with the return of CCA customers to the IOU.  Any withholding of those funds must first be approved by the CPUC.
 

CC 5.
Purchase and Sale Agreement with Garen Harutyunyan    Recommendation(s):
1. Approve the Purchase and Sale Agreement with Garen Harutyunyan for the sale of one industrial parcel located near Avenue J-11 and Yucca Avenue.

2. Authorize the City Manager, or his designee, to execute (i) the Purchase and Sale Agreement in substantially the form presented, subject to non-substantive changes approved by the City Manager and City Attorney; and (ii) all documents necessary or appropriate to complete the transaction.

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

The subject parcel was declared surplus by Resolution 22-53 on October 11, 2022. On October 14, 2022, the City released the Notice of Availability pursuant to the Surplus Land Act guidelines. After the sixty-day noticing period ended, no entity was prepared to purchase the site. On January 6, 2023, the City submitted to the California Department of Housing and Community Development (HCD) for review of certain information and documentation related to this specific agreement. HCD determined the City was in compliance with the Surplus Land Act and can dispose of the property.
 

CC 6.
Approval of the 2022 General Plan Annual Progress Report and the 2022 Housing Element Annual Progress Report    Recommendation(s):
Adopt Resolution No.           , approving the 2022 General Plan Annual Progress Report and the 2022 Housing Element Annual Progress Report.

The General Plan and Housing Element APRs describe the progress of the City’s ongoing efforts to implement and assess identified goals, policies and objectives in the General Plan and Housing Element. Demonstration of ongoing compliance with State-required reporting ensures that the City maintains eligibility and competitiveness for ongoing grant funding opportunities that may help to implement these goals and policies. Therefore, staff recommends that the City Council approve the 2022 General Plan Annual Progress Report and the 2022 Housing Element Annual Progress Report.

PUBLIC HEARING


 

PH 1.
Renewal of the Downtown Lancaster Property and Business Improvement District (DLPBID), Approval of the Assessment Formula and Levy of the Assessments    Recommendation:
1.      Adopt Resolution No.          , establishing the Downtown Lancaster Property-Based Improvement District (DLPBID), approving the assessment formula and levying the assessments through a majority of the votes cast in the Downtown Lancaster ballot process in favor of the formation of the PBID.

2.    Introduce Ordinance No.         , amending Chapter 14 of the Lancaster Municipal Code, renewing the Downtown Lancaster Property and Business Improvement District.

The DLPBID is currently in its second 5-year term, with a scheduled sunset date of December 31, 2023.  Applicable law (the Property and Business Improvement District Law of 1994, Cal. Sts. & High. Code § 36600 et seq. (the “PBID Law”)) provides that the District may be renewed by following the procedures for establishing a new district, and that, upon renewal, the District shall have a term of not more than (10) ten years.  (See Cal. Sts. & High. Code § 36660(a), (c).).  The City has received written petitions signed by the property owners in the District who will pay more than fifty-five percent (55%) of the assessments proposed to be levied, requesting that proceedings be initiated to renew the District.  The Lancaster City Council approved the initiation of the ballot process on February 14, 2023.

 

COUNCIL REPORTS

 

CR1.
Council Reports 
 

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:
May 09, 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.