Meeting
 





Tuesday, June 25, 2024
Regular Meeting – 1:30 PM

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on June 21, 2024
at the entrance to  Lancaster City Hall 
44933 Fern Avenue, Lancaster, CA 93534


LEGISLATIVE BODY

City Council/Successor Agency/Financing/Power 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.
 
LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code Section 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). 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. “G.C. Section 8403: Yes” on this agenda indicates that the item is subject to these regulations. 
 

CALL TO ORDER
City Council/Successor Agency/Financing/Power Authority

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

INVOCATION
Matt Dumas, Central Christian Church

PLEDGE OF ALLEGIANCE
 

PRESENTATION
 

1.
Kids Feeding Kids Recognition
Presenter:  Michelle Royal   
2.
Impact Program Presentation
Presenter: Sonya Patterson, Director-Parks, Arts, Recreation & Community Services   
3.
Public Safety Ranger Recognition
Presenters: Rodrick Armalin, Chief of Police & Andrew Noga, Manager- Code Enforcement & Emergency Management   
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 Authority Regular Meeting Minutes of June 11, 2024.    
CC 3.
Check Registers – May 26, 2024, through June 08, 2024.    Recommendation(s):
Approve the Check and Wire Registers for payments made May 26, 2024, through June 08, 2024 in the amount of $22,748,407.30 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 and paid by the City for the purchase of materials, supplies, services, and capital projects during the prior three to four weeks.

CC 4.
Conveyance Map Approval – Parcel Map No. 84411 (Located at the Southeast Corner of 70th Street West and Avenue K)    Recommendation(s):
1. Approve the map for Parcel Map No. 84411 for Financing and Conveyance purposes only.   Parcel Map No. 84411 is located at the southeast corner of 70th Street West and Avenue K; 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. No development is proposed or authorized with the recording of this map. The lots created by this map are not buildable lots. A separate final subdivision map must be approved by City Council and recorded with development conditions to create buildable lots.

The Coveyance Map is in substantial conformance with the approved Tentative Map. Parcel Map No. 84411 has been examined by the City Surveyor, and is ready for Council approval.  Developer is not required to execute an Undertaking Agreement or post Improvement Securities for conveyance Map.  Developer has posted Monumentation Security.
 

CC 5.
Amend Memorandum of Agreement for Preschool Services    Recommendation(s):
a. Approve Amendment No. 1 to Memorandum of Agreement (MOA) with Lancaster Baptist Church, DBA Kids’ Corner Preschool of Lancaster, California.
b. Authorize the City Manager or designee to execute MOA amendment.

This initiative aims to provide tuition-free access to quality preschool education for single, low-income Lancaster residents with children ages 3-5
 

CC 6.
Designating City Officials Authorized to File Application(s) to the State of California Highway Patrol to Obtain Financial Assistance Relating to Impaired Driving and Increase Public Awareness.    Recommendation(s):
Resolution No. 24-               , designating those officials authorized to file application(s) to the California Highway Patrol to obtain certain state financial assistance.

The Impaired Driving Program, spearheaded by the Public Safety Department of California, targets the reduction of impaired driving incidents stemming from the consumption of drugs and alcohol, including cannabis. This initiative is propelled by the "The Cannabis Tax Fund Grant Opportunity 2024," set to operate from July 1, 2024, through June 30, 2025.


CC 7.
Monthly Reports of Investments – May 2024.    Recommendation(s):
Accept and approve the May 2024 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 8.
Professional Services Agreement for Multifunctional Printers & Copiers.    Recommendation(s):
1. Award Agreement for Professional Services with Konica Minolta Business Solutions (KBMS) for an amount not-to-exceed $155,000.00 annually for Multifunctional Printers and Copiers Lease and Support Services commencing in Fiscal Year 2024-25 for a three-year contract.

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

The City of Lancaster currently uses several different vendors for printer and copier lease and service.  Most of the existing devices in place have been in use for many years and are due for replacement. In an effort to reduce costs and provide a more reliable and improved user experience, the City elected to publish a Request for Proposal (RFP) with the goal of contracting with a single vendor to service all of the City’s copiers, printers and plotters as well as supplies.
 

CC 9.
Microsoft Enterprise Agreement with SHI International Corp.- Approval of Year Three – Quote 24488021    Recommendation(s):
1. Approve year three of the Microsoft Enterprise Agreement with SHI International Corp. to provide the licenses for the City’s necessary Microsoft Software functionality, which includes the use of Outlook, Office 365, Microsoft Teams, Exchange email, SQL Server, Visual Studio Pro, Microsoft Project, Windows Client and Server operating systems

2. Authorize the City Manager and his designee, with the approval of the City Attorney, to execute the Agreement and any other related documents or addendums.

The City of Lancaster utilizes Microsoft (MS) software to operate desktop computers, servers, databases, office applications, integrated development environment tools, and cloud products to support the City’s computing environment.  The contractual agreement between the City and MS, known as an Enterprise Agreement (EA), grants the City licenses to use the aforementioned Microsoft products.  A typical EA is for a term of three years, at which time the agreement is re-entered to allow the continued use and support of MS products.

 

CC 10.
Fiscal Year 2024-2025 Budgets and Five-Year Capital Improvement Program.    Recommendation(s):
City Council and City Council acting as Lancaster Housing Authority and Lancaster Power Authority Recommendations:
a. Adopt Resolution 24-___, adopting the proposed City of Lancaster Fiscal Year 2024-2025 General Fund Operating Budget, Special Funds Budget and Capital Improvement Program Budget.
b. Adopt Resolution 24-___, establishing the annual Appropriations Limit for Fiscal Year 2024-2025.

By July 1 of each year, the City is required to adopt a budget, which establishes appropriations and estimates revenue for the coming fiscal year. The proposed budget is a culmination of many months of work by the City Council and staff in reviewing priorities and evaluating programs, with a focus on maintaining responsive and relevant services for residents.

CC 11.
Award Contract for Request for Proposal 827-24-Tree Trimming Services to Tip Top Arborists, Inc    Recommendation(s):
1. Award contract for Request for Proposal (RFP) 827-24-Tree trimming Services to Tip Top Arborists, Inc. in the amount of $544,506 for tree trimming services for contract year one (July 2024-June 2025) and an increase of up to a maximum of 5% for a Consumer Price Increase (CPI) for the second and third years, plus the two additional one-year extension options

2. Find that this item is not a project under the California Environmental Quality Act.

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

The City of Lancaster maintains an Urban Forest consisting of over 20,000 trees. Services covered through this contract include trimming, planting, and removal of trees located in the City’s easement/right-of-way, on main thoroughfares, within parks, and in maintenance districts throughout the City.

CC 12.
Award Homeless Clean Up & Deterrent Services RFP 828-24    Recommendation(s):
1.      Approve Agreement with Hak – Away Transport for an amount not to exceed $834,000 for FY 24- 25 – Homeless Clean Up & Deterrent Services.

2.     Authorize the City Manager, or his designee, to pay invoices and to execute all contracts and associated documents. 

The City of Lancaster was seeking Proposals from qualified Contractors to provide comprehensive clean up and deterrent services throughout the City as outlined below: 

Task 1 - Homeless Clean Up
Task 2 – Deterrent Services
Task 3 – Illegal Dumping
 

CC 13.
Amendment to Legal Services Contract    Recommendation(s):
It is recommended that the City Council:
1. Approve the third amended agreement for legal services with Stradling Yocca Carlson & Rauth, LLP.

 
The City of Lancaster has experienced substantial growth and development, necessitating a more robust legal framework. Notably, Lancaster is in the process of forming its own police department, a significant undertaking that requires comprehensive legal oversight. Additionally, the City has made remarkable strides in clean energy initiatives, particularly in renewable hydrogen, further necessitating specialized legal expertise. The City no longer has in-house legal counsel, making it imperative to have a reliable and proficient external legal team.


CC 14.
Amending Employee Classification and Compensation Schedule    Recommendation(s):
Adopt Resolution  24-___________, amending Resolution 24-15, adding three (3) FTE Positions to the 2024-2025 fiscal year and reestablishing group benefits for 2100, 3100, and 5100 series employees to include enrollment eligibility into CalPERS at the City of Lancaster.

The proposed classification and compensation changes will allow the Public Safety Department to continue transitioning into the Lancaster Police Department and provide additional law enforcement resources to aid in addressing crime and quality of life issues.  With the current crime trends, the City recognizes the need to be proactive and create a system to mitigate potential serious issues. 

 

PUBLIC HEARING


 

PH 1.
2022 Application to the California Department of Housing and Community Development Permanent Local Housing Allocation Program    Recommendation(s):
1. Adopt Resolution No. ________, authorizing the City of Lancaster to apply for CY 2022 Permanent Local Housing Allocation (PLHA) funds from the State of California Department of Housing and Community Development.

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

 
The PLHA Plan reflects varying annual percentage allocation of PLHA funds to three (3) eligible activities:
1) To make a construction loan for a 113-unit multifamily rental housing development currently owned by the Housing Authority, as well as predevelopment and/or construction loans for 1-2 additional multifamily rental developments; and
2) To make deferred loans for pre-development costs and non-recurring closing costs to assist low-and moderate- income owner occupied households with incomes of no more than 120% AMI to construct an Accessory Dwelling Unit (ADU) on their property; and
3) To provide down payment assistance loans to low- and moderate-income workforce households to purchase their first home.  

The HCD is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties. HCD issued a Notice of Funding Availability (NOFA) dated December 29, 2023 under the Permanent Local Housing Allocation (PLHA) Program.
 

PH 2.
Application for U.S. Department of Housing & Urban Development (HUD), Community Planning & Development Department (CPD), Preservation & Reinvestment Initiative for Community Enhancement (PRICE) Funds    Recommendation(s):
1. Adopt Resolution No. 24-____ authorizing the submittal of an application to H.U.D.’s Community Planning & Development Department for funding under the PRICE program; the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the PRICE program.

2. Authorize the City Manager or his designee to enter into a contract with Habitat for Humanity, if funded, to administer and implement the Price program, in a form approved by the City Attorney. 

3. If funded, accept the PRICE grant award funds and appropriate said funds into a PRICE Fund account number, to be created by Finance, for expenditure in accordance with the PRICE program.

The PRICE is one of H.U.D.’s neighborhood stabilization tools providing competitive grant awards to local jurisdictions to help rehabilitate statewide aging homes of qualified low-income households (with gross annual income not to exceed $95,300.00 per standard four-person household). These grants would remedy residential health and safety concerns, provide for neighborhood stabilization, and reduce the decline of property values of neighboring homes. 

NEW BUSINESS


 

NB1.
A Resolution Ordering That An Ordinance Be Submitted To the Voters At the General Municipal Election To Be Held On November 5, 2024, Approving Enacting An Amendment To The City’s Transactions and Use Tax, Directing the City Attorney To Prepare An Impartial Analysis of the Measure, Setting Priorities For Filing A Written Argument Relating to the Ballot Measure, and Providing For Rebuttal Arguments Relating to the Ballot Measure    Recommendation:
Adopt Resolution No. 24-____, Ordering That An Ordinance Be Submitted To the Voters At the General Municipal Election To Be Held On November 5, 2024, Approving Enacting An Amendment To the City’s Transactions and Use Tax, Directing the City Attorney To Prepare An Impartial Analysis of the Measure, Setting Priorities for Filing a Written Argument Relating to the Ballot Measure, and Providing for Rebuttal Arguments Relating to the Ballot Measure.

This proposed resolution orders that an ordinance be submitted to voters at the general municipal election to be held on November 5, 2024, to amend Chapter 3.14 of the Lancaster Municipal Code to provide an automatic increase, to the maximum extent permitted by applicable law, to the City’s sales and use tax rate if, whenever, and to the extent the rate may lawfully be increased — whether because another use tax expires, the Legislature increases the statutory aggregate maximum use tax applicable to the City, or otherwise.
 

COUNCIL AGENDA


 

CA1.
Discussion and Consideration of Nomination and Appointment to the AV Fair Joint Power Authority. 
Presenter: Mayor R. Rex Parris   
CA2.
Discussion and Consideration of  removal of Planning Commission Member and appointment of new Planning Commission Member.   
CA3.
Discussion and Consideration of nomination and appointment to the Social Equity Commission   
COUNCIL REPORTS


 

CR1.
Council Reports   

LANCASTER HOUSING 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.    
SUCCESSOR AGENCY NEW BUSINESS


 

SA NB 1.
Agreement Regarding Settlement, Release, and Waiver of Claims and Termination of Owner Participation Agreement    Recommendation(s):
1. Approve the Agreement regarding settlement, release and waiver of claims and termination of owner participation agreement between the Lancaster Redevelopment Agency and Frank B. Maga.

2. Authorize the Executive Director, or his designee, to finalize (i) the Termination of Parking Easement in substantially the form presented, subject to non-substantive changes approved by the City Attorney; and (ii) execute all documents necessary or appropriate to complete the transaction.

Termination of the parking easement will lessen the financial burden to the Successor Agency by transferring all future maintenance costs to the private party.

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

33.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 5215 W. Avenue H, Lancaster, CA
            Agency Negotiators: Chenin Dow and Allison Burns
            Negotiating parties: Camara Living Trust
            Under Negotiation: price and terms of payment

34.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 44219 Sierra Highway, Lancaster, California 93534;
            APN No. 3132-011-003, 005, 006, 014, 015, 018, 019
            Agency Negotiators: Chenin Dow and Allison Burns
            Negotiating parties: Hsiao Hui Shen and Jia Yuh Shen

35.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 42047 Sierra Highway, Lancaster, California 93535; APN No. 3128-014-019
            Agency Negotiators: Chenin Dow and Allison Burns
            Negotiating parties: VK Investments LLC

36.       Consideration of Initiation of Litigation 

37.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: APNs 3128-013-001 and 3128-013-012
            Agency negotiators: Chenin Dow and Allison Burns
            Negotiating parties: Provident Trust Group, LLC
            Under negotiation: price and terms of payment 

38.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 44125 Sierra Highway, Lancaster, California 93534;
            Agency Negotiators: Chenin Dow and Allison Burns
            Negotiating parties: HSMS Hospitality Services

39.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 42943 Sierra Highway, Lancaster, California 93535;
            Agency Negotiators: Chenin Dow and Allison Burns
            Negotiating parties: Dhaniben and Girishbhai Patel

40.        CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            Property: 42329 Sierra Highway, Lancaster, California 93534;
            Agency Negotiators: Chenin Dow and Allison Burns
            Negotiating parties: Govindbhai Dahyabhai Patel and Bhanuben Patel   

ADJOURNMENT
Next Regular Meeting:
July 09, 2024 at 1:30 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.