Meeting
 




Tuesday, January 9, 2024
Regular Meeting – 5:00 PM

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 7:00 p.m. on January 05, 2024
at the main entrance to the Lancaster City Hall 
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 Lauren Hughes-Leslie
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/Housing/Power/California Choice Energy Authority

ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, 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
Dr. Nathan McWherter, Desert Vineyard Church

PRESENTATIONS
1. Recognition for a Heroic Lifesaving effort by a Lancaster Sheriff’s Deputy
    Presenters: Mayor R. Rex Parris & Jason Caudle, City Manager

PLEDGE OF ALLEGIANCE
 

LANCASTER HOUSING AUTHORITY - PUBLIC HEARING
 

HA PH 1.
Consideration for Approval of Actions in Connection with Lancaster Housing Authority Owned Parcels Related to Compliance with the Surplus Land Act and an Exclusive Negotiation Agreement with Habitat for Humanity of Greater Los Angeles and USA Properties Fund Inc.     Recommendation:
1. Adopt the attached resolution, declaring Housing Authority-owned property (APNS: 3176-005-915, -916, -918, -919, -921, -930), as exempt surplus land.

2. Adopt the attached resolution, approving an Exclusive Negotiation Agreement with Habitat for Humanity of Greater Los Angeles, a California non-profit corporation, and USA Properties Fund, Inc., a California corporation to construct 110 units of affordable workforce for-sale housing (the “Habitat Project”) and approximately 272 units of affordable rental housing (the “USA Project”) and a to be determined commercial/retail project (the “Commercial/Retail Project”).

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

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

On December 2, 2022, staff issued an RFP to solicit proposals for HNR-3.  Upon receiving the proposals on April 4, 2023, staff completed a review and due diligence process.  A selection panel comprised of City staff members from Planning and Community Development, Real Estate and Economic Development, Engineering, and Finance, with support from Affordable Housing Solutions, reviewed the proposals and conducted interviews with three development teams.  After a thorough review, the selection panel chose Habitat for Humanity of Greater Los Angles and USA Properties on June 2, 2023. 

 

CALIFORNIA CHOICE ENERGY AUTHORITY - CONSENT CALENDAR
 

CCEA CC 1.
Approve Amendments to Professional Services Agreements between California Choice Energy Authority and Bayshore Consulting Group, Inc., California Choice Energy Authority and Maher Accountancy, and Approve Agreement Between California Choice Energy Authority and Deveau Burr Group, LLC    Recommendation:
1. Approve Amendment No. 4 to the Professional Services Agreement between California Choice Energy Authority (CalChoice) and Bayshore Consulting Group, Inc. (Bayshore) for management, operations, and administrative services and authorize the Executive Director, or his designee, to sign all documents.
2. Approve Amendment No. 3 to the Professional Services Agreement between CalChoice and Maher Accountancy (Maher) for accounting support services and authorize the Executive Director, or his designee, to sign all documents.
3. Approve Agreement for Professional Services between California Choice Energy Authority and Deveau Burr Group, LLC (DBG) for lobbying services.

On January 16, 2019, an Agreement for Management, Operations, and Administrative Support with Bayshore was executed and further amended on September 10, 2019, July 14, 2020, and June 28, 2022.   Bayshore provides management, operations, and administrative services, including Southern California Edison liaison, member city performance and operational updates, regulatory and legislative affairs, power procurement, contract administration, marketing, oversight of legal, technical, and data management consultants, and overall CalChoice operations. 

CCEA CC 2.
Adopt Resolution No. CCEA 24-XX Approving Acquisition of a Credit Card for California Choice Energy Authority Business Purposes    Recommendation:
Adopt Resolution No. CCEA  24-XX Approving acquisition of a credit card for California Choice Energy Authority business purposes.

To improve operational efficiency, the CalChoice Treasurer recommends CalChoice apply for and acquire a credit card for business purposes.  The credit card provider requires the CalChoice Board adopt a resolution authorizing the acquisition of the credit card.  Internal controls will ensure proper use of the credit card.

 

SUCCESSOR AGENCY - CONSENT CALENDAR
 

SA CC 1.
Successor Agency Administrative Budgets for the Periods July 1, 2024, to December 31, 2024, and January 1, 2025, to June 30, 2025.    Recommendation:
Adopt Resolution No. OB XX-24, approving the Successor Agency of the Former Redevelopment Agency to the City of Lancaster Administrative Budgets for the periods of July 1, 2024 to December 31, 2024 and January 1, 2025 to June 30, 2025, as detailed in Attachments A & B.

Health and Safety Code Section 34177(j) require successor agencies to adopt six-month budgets.  These budgets are developed from the enforceable obligations listed on the Recognized Obligation Payment Schedule for the period July 1, 2024 to June 30, 2025

COUNCIL ACTIONS


 

CONSENT CALENDAR


 

CC 1.
Waive further reading of any proposed ordinance. (This permit 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 December 12, 2023   
CC 3.
Acceptance of Public Works Construction Project No. - PWCP 22-003 - 2022 Spring Pavement Management Program    Recommendation:
Accept the work constructed by Sully-Miller Contracting Company, for Public Works Construction Project (PWCP) No. 22-003, 2022 Spring Pavement Management Program, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).

As part of this project, bike lanes were striped at two (2) intersections that currently did not have the capacity to detect bicycles. In order to provide the safest and most efficient user experience to the cyclists, it was important that the City upgraded the video detection systems at these intersections.


CC 4.
CUP 16-08 - Acceptance of Improvements (Recycled Water)    Recommendation:
Approve the following developer-installed recycled water system, and accept the recycled water system for maintenance by the City and for public use:

Project No.                                                    Location/Owner
Conditional Use Permit No. 16-08               Southeast Corner Avenue K and Division Street
                                                                      Owner:  Circle K Stores, Inc.

The recycled water system 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 Director of Public Works.


CC 5.
CUP 16-08 - Acceptance of Improvements (Streets)    Recommendation:
Approve the developer-constructed streets on the following project.  In addition, accept the streets for maintenance by the City and for public use.

Project                                                 Location/Owner
Conditional Use Permit No. 16-08     Southeast corner Avenue K and Division Street
                                                                        Owner:  Circle K Stores, Inc

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 Director of Public Works.


CC 6.
Approval of Multi-Year Professional Service Agreements for Public Works Inspections Services    Recommendation:
Approve Multi-Year Professional Service Agreements with each of the pre-qualified consulting firms, and authorize the City Manager, or his designee, to execute all task orders within existing signature authority limits.

In November 2023, the City advertised a Request for Qualifications (RFQ 806-24) for Multi-Year Public Works Inspection Services for the term of January 2024 to June 2027 from professional consulting firms to support the Capital Improvement Program and departmental operations. The RFQ included one (1) major service category for which professional service firms were being sought. Firms that provide services were encouraged to submit a Statement of Qualifications (SOQ) and a Proposal. The RFQ was listed on the City’s online bidding services: Planet Bids and Public Purchase.


CC 7.
Task Order for Multi-Year Professional Services (Service Group Category 1 – Roadway and Structures Engineering) for 2024 Pavement Management Program (PMP) Road Rehabilitation Project (Reference: PWCP 24-005)    Recommendation:
1. Approve Task Order No. 1 with Pavement Engineering, Inc., in accordance with the Multi-Year Professional Services Agreement, Service Group Category (SGC) 1 - Roadway and Structures Engineering, to provide Design Services for pavement resurfacing on approximately 14.2 lane miles in the amount of $369,935.00 plus a 10% contingency; and authorize the City Manager, or his designee, to sign all documents.

2. Find that the approval of a Task Order is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 4, Chapter 3, Article 20). 

On November 7, 2022, the City Council approved Multi-Year Professional Service Agreements with the consulting firms recommended by staff to be pre-qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects.
 

CC 8.
Citywide Utility Auditing Professional Services Agreement - Pacific Utility Audit, Inc.    Recommendation:
1. It is recommended that the City Council approve a Professional Services Agreement with Pacific Utility Audit, Inc. (“PUA”).

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

The City of Lancaster has determined that a utility audit is necessary to investigate the significant increase in utility bills over the last two fiscal years. Utility auditing is a process that saves money every month by identifying errors and overcharges by the utility provider, as well as determining lower rates that better match the City's needs. Pacific Utility Audit specializes in auditing water, sewer, gas, electric, telephone, and trash bills for businesses and properties in California, Oregon, Washington, and Nevada. They have been specializing in this unique area of utility auditing since 1989.\

 

CC 9.
Task Order for Multi-Year Professional Services (Service Group Category 1 – Roadway and Structures Engineering) for 2024 Pavement Management Program (PMP) Preventative Maintenance (Reference PWCP 24-006)    Recommendation:
Approve Task Order No. 2 with Pavement Engineering, Inc., in accordance with the Multi-Year Professional Services Agreement, Service Group Category (SGC) 1 - Roadway and Structures Engineering, to provide Design Services for preventative maintenance treatments on approximately 5.75 lane miles in the amount of $150,000.00 plus a 10% contingency; and authorize the City Manager, or his designee, to sign all documents.

Responsibilities, under this Task Order, include project management; research and geotechnical services; mapping and surveying services; and preparation of plans, specifications, and estimates (PS&E) bid package for construction.

CC 10.
Adding Chapter 12.28 to the Lancaster Municipal Code relating to Protection of Critical Infrastructure / Wildfire Risk Areas, and amending Chapter 12.04 - Parks and Public Spaces     Recommendation:
1. Adoption of Ordinance No. 1112, adding Chapter 12.28 to the Lancaster Municipal Code relating to the Protection of Critical Infrastructure and Wildfire Risk Areas; and
2. Adoption of Ordinance No. 1113, amending Chapter 12.04 – Parks and Public Places Rules and Regulations.

In evaluating of current issues that impact the ability to protect City infrastructure and maintain the safety and security of parks and public spaces, staff identified needed additions to the Lancaster Municipal Code.

 

CC 11.
General Plan Amendment No. 17-007/Zone Change No. 17-006    Recommendation:
Adopt Ordinance  No. 1110, amending the City zoning plan for approximately 160 acres of land located south of Avenue H between 50th Street West and 55th Street West (APNs     3269-011-015, 3269-011-007), known as Zone Change No. 17-006, from RR-2.5 (Rural Residential, minimum lot size 2.5 acres) to LI (Light Industrial).

The proposed project would consist of a 630,000 square-foot electric school bus manufacturing facility on approximately 30 acres of the 160 acre site. The facility would employ 650 individuals; creating 100 new office jobs and 550 new manufacturing jobs. This is in addition to the approximately 750 jobs created with BYD’s transit bus manufacturing and battery facilities.


CC 12.
General Plan Amendment No. 23-001/Zone Change No. 23-001     Recommendation:
Adopt  Ordinance No. 1111, amending the City zoning plan for approximately 45 acres of land located on the west side of Sierra Highway between Avenue H and Avenue H-8 (APNs 3135-001-903 thru 3135-001-918), known as Zone Change No. 23-001, from a mix of MDR (Moderate Density Residential) and PK (Park) to MDR., amending the City zoning plan for approximately 45 acres of land located on the west side of Sierra Highway between Avenue H and Avenue H-8 (APNs 3135-001-903 thru 3135-001-918), known as Zone Change No. 23-001, from a mix of MDR (Moderate Density Residential) and PK (Park) to MDR.

On June 29, 2023, the Community Development Department received applications for the construction and occupancy of a two-phased, 100% affordable, private, gated rental housing community located on the west side of Sierra Highway between Avenue H and Avenue H-8. These applications included a Site Plan Review (SPR), Tentative Tract Map (TTM), General Plan Amendment (GPA), and Zone Change (ZC) request.
 

CC 13.
Award of Contracts to City’s Financial Advisors to NHA Advisors, LLC for Financial Advisory Services.    Recommendation:
Authorize the City Manager and/or his designee, with the concurrence of the City Attorney, to negotiate, finalize and execute the contracts and all related documents and addendums with NHA Advisors, LLC for Financial Advisory Services.

The City of Lancaster (the City) prepares a five-year capital plan (Plan) that identifies City-funded capital improvement projects. The current focus is on completing multiple Agency and enterprise-funded projects from the Plan’s last major update in Fiscal Year 2023/2028. An update to the five-year plan is underway and anticipates proceeds from special revenue and prior bond issues. The City of Lancaster is seeking financial advisory services from NHA Advisors, LLC to assist with these infrastructure projects for a contract term of five-years with the option to renew two additional five-year terms, which may be exercised at the City's discretion.

 

NEW BUSINESS


 

NB1.
ShotSpotter pilot program with SoundThinking, Inc.    Recommendation:
Approve six (6) month pilot program and three (3) year Professional Service Agreement with SoundThinking, Inc.; and authorize the City Manager, or his designee, to execute all task orders. City has the option to cancel the contract at the end of the pilot program.

The ShotSpotter solution is designed to identify, locate and track active gunfire.


COUNCIL REPORTS


 

CR1.
Council Reports   

LANCASTER FINANCING AUTHORITY
 

No action required at this time.    

POWER AUTHORITY - NEW BUSINESS
 

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.         Conference Involving a Joint Powers Agency: Antelope Valley Air Quality
            Management District Pursuant to Government Code Section 54956.96
            Discussion will concern: Antelope Valley Air Quality Management
            District v. United States Environmental Protection
            Agency, et al. 9th Cir. Case No. 23-1614 Name of local agency representative
            on joint powers agency board: Marvin Crist, Ken Mann

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.         Estate of Guzman v. Lancaster
       
6.         Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

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

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

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

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

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

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

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

14.       Butts v. Lancaster, LASC 21STCP00389

15.       Lancaster v. Rives

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

17.      Ortiz v. Lancaster, LASC Case No. 21AVCV00001

18.       Aijala v. Lancaster, LASC Case No. 21STCV07841

19.       Gardner v. Dominoids, LASC Case No. 21AVCV00186

20.       Evans v. Lancaster, LASC Case No. 21AVCV00145

21.       Bojorquez v. Lancaster, LASC Case No. 20AVCV00894

22.       Arkey v. Lancaster, LASC Case No.20AVCV00816

23.       Perez v. Lancaster, LASC Case No. 20AVCV00589

24.       Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562

25.       Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863

26.       Castro v. Lancaster

27.       Montenegro v. Green, LASC Case No. 22AVCV01050

28.       Carter v. Antelope Valley Fair & Event Center, LASC Case No. 23AVCV00460

29.       Perez v. Lancaster, LASC Case No. 23AVCV00577
  
30​.       ​​​​​​CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: APN 3135-024-014
            Agency negotiators: Chenin Dow and Allison Burns
            Negotiating parties: Om Sai Ram Inc.
            Under negotiation: price and terms of payment
31.       City of Whittier v. Superior Court, LASC Case No. 23 STCP03579
32.       Pedvin v. Lancaster, LASC Case No. 23STCV07921 
 

ADJOURNMENT
Next Regular Meeting:
January 23, 2024 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.