Meeting



Tuesday, July 9, 2024
Regular Meeting – 1:30 PM

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on July 5, 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 84308: Yes” on this agenda indicates that the item is subject to these regulations.

CALL TO ORDER
City Council/Successor Agency/Financing/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

INVOCATION
 

PLEDGE OF ALLEGIANCE
 

COUNCIL ACTIONS


 

CONSENT CALENDAR


 

CC 1.
Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)     
CC 2.

Approve the City Council/Successor Agency/Financing/Power Authority Regular Meeting Minutes of June 25, 2024.    
CC 3.
Check Registers – June 09, 2024, through June 22, 2024    Recommendation(s):
Approve the Check and Wire Registers for payments made June 09, 2024, through June 22, 2024, in the amount of $5,020,259.48 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.
Authorization to Execute the 2024 Amended and Restated Memorandum of Understanding (Antelope Valley Regional Water Management Group IRWMP Cost Sharing)    Recommendation(s):
Authorize the City Manager to execute the 2024 Amended and Restated Memorandum of Understanding (Antelope Valley Regional Water Management Group IRWMP Cost Sharing).

The City became involved in the Regional Water Management Group in 2007 to pursue grant funding and facilitate implementation of the Integrated Regional Water Management Plan (“IRWMP”), which was adopted by the City in late 2007.  An update of the IRWMP is needed identify Antelope Valley Region water management issues, update current supply and demand projections, and comply with the Department of Water Resources guidelines for grant eligibility. 

CC 5.
SPR 19-07 - Acceptance of Improvements (Sewer)    Recommendation(s):
Approve the following developer installed sanitary sewer and accept the sewer for maintenance by the City and for public use:

Project No.                                       Private Contract No.          Location/Owner
Site Plan Review No. 19-07            21-01                                  Southeast Corner 17th Street East
                                                                                                     and Avenue J-2
                                                                                                     Owner:  Lancaster 690, LP

The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications.  The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 6.
SPR 19-07 - Acceptance of Improvements (Water)    Recommendation(s):
Approve the completed water system installed by the developer for the following project:

Project No.                                                Location/Owner
Site Plan Review No. 19-07                     Southeast Corner 17th St East and Ave J-2      
                                                                  Owner:  Lancaster 690, LP

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.

CC 7.
Authorization to Initiate Annexation Proceedings for Westside Annexation with the Local Agency Formation Commission of Los Angeles County    Recommendation(s):
Adopt Resolution No.          , authorizing staff to initiate annexation proceedings with the Local Agency Formation Commission for the County of Los Angeles for the Westside Annexation

The City of Lancaster has irregular boundaries and limited industrially zoned property of suitable size to accommodate the larger scale industrial and commercial developments necessary for the City’s economic success. As such, the City is pursuing the annexation of approximately 14.5 square miles on the northern boundary of the City.
 

CC 8.
Lancaster Landscape Maintenance District No. 1 Annual Assessment for Fiscal Year 2024/25    Recommendation(s):
a.   Adopt Resolution No.            , generally describing any proposed improvements or substantial changes in existing improvements, and ordering the assessment engineer, Harris & Associates, to prepare and file a report for Lancaster Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California.

b.   Adopt Resolution No.           , preliminarily approving the Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment, and declaring its intention to levy and collect assessments within Lancaster Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.

CC 9.
Lancaster Lighting Maintenance District Annual Assessment for Fiscal Year 2024/25    Recommendation(s):
a.   Adopt Resolution No.         , generally describing any proposed improvements or substantial changes in existing improvements, and ordering the assessment engineer, Harris & Associates, to prepare and file a report for Lancaster Lighting Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and

b.   Adopt Resolution No.            , preliminarily approving the Engineer’s Report, fixing time and place for public hearing on the levy of the proposed assessment, and declaring its intention to levy and collect assessments within Lancaster Lighting Maintenance District, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Each year, the City Council must, by law, order the preparation of an Engineer’s Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.
 

CC 10.
Lancaster Maintenance District Annexations    Recommendation(s):
1. Authorize Staff to Initiate Proceedings to Conduct a Public Hearing, tabulate the returned ballots, and announce results at July 23 Council Meeting.

2. Adopt Resolution No.      , Initiating Proceedings for Annexations into the Lancaster Maintenance Districts.

3. Adopt Resolution No.            , approving the Engineer’s Report, Announcing the Time and Place for a Public Hearing, and Its Intention to Annex into the Lancaster Maintenance Districts and to Levy and Collect Assessments Therein.

The Lancaster Maintenance Districts, separately known as the Lancaster Lighting Maintenance District, the Landscape Maintenance District and the Drainage Maintenance District (“Districts”) were formed to provide a dedicated funding source for the maintenance, operations, servicing and installation of public lighting, public landscaping and public drainage facilities within the City of Lancaster. 

CC 11.
Lancaster Drainage Benefit Assessment District Annual Assessment for Fiscal Year 2024/25    Recommendation(s):
a. Adopt Resolution No. 24-_ _, generally describing any proposed improvements or substantial changes in existing improvements and ordering the assessment engineer to prepare and file a report for Lancaster Drainage Benefit Assessment District.

b. Adopt Resolution No. 24-_ _, preliminary approving the Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment, and declaring its intention to levy and collect assessments within Lancaster Drainage Benefit Assessment District.

Each year, thereafter, the City Council, after public notice and hearing, may determine and impose an annual assessment. Due to the cost and complexity of accounting for separate zones of benefit within the District, separate zone designations were eliminated in 1992 per Resolution 92-134, by City Council action.

CC 12.
Authorization to Initiate Annexation Proceedings for Eastside Annexation with the Local Agency Formation Commission of Los Angeles County    Recommendation(s):
Adopt Resolution No.          , authorizing staff to initiate annexation proceedings with the Local Agency Formation Commission (LAFCO) for the County of Los Angeles for the Eastside Annexation

The proposed annexation would create logical city boundary lines, provide additional large parcels of land which could be developed with uses that would support the economic health of the City, and would include zoning for rural residential development consistent with the city’s character and history.

CC 13.
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 (CEQA).

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 14.
Memorandum of Understanding between the Cities of Lancaster and Palmdale Prohibiting the Use of Incentives to Relocate Existing Vehicle Dealerships    Recommendation(s):
1. Authorize the City Manager or his designee to negotiate, finalize, and execute a memorandum of understanding (MOU) with the City of Palmdale to prohibit the use of incentives to relocate existing vehicle dealerships, in a form to be approved by the City Attorney.
2. Authorize the City Manager to finalize and execute all related documents.

Vehicle dealerships are major sales tax generators for California cities. As a result, jurisdictions often go to great lengths, including offering sales tax rebates and other incentives, to attract and retain dealerships.  In order to avoid these negative impacts, it would be beneficial for the cities of Palmdale and Lancaster to work together to prevent this practice from occurring in the future.

PUBLIC HEARING


 

PH 1.
Removal of Prime Farmland Mitigation from the Certified Final Program Environmental Impact Report for the Eastside Overlay Project (SCH # 2022100641)    Recommendation(s):
Adopt Resolution No.          , removing the Prime Farmland Mitigation Measure from the certified Final Program Environmental Impact Report for the Eastside Overlay Project (SCH # 2022100641) and adopting the revised Mitigation Monitoring and Reporting Program (MMRP)

As part of the Final EIR, mitigation measures were included to reduce impacts to less than significant levels for a variety of resource areas including potential impacts to Prime Farmland. The mitigation measure for Prime Farmland requires the replacement of Prime Farmland at a 1:1 ratio within Los Angeles County.
 

NEW BUSINESS


 

NB1.
Resolution Calling for the Holding of a Special Municipal Election & Resolution Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a Special Municipal Election to be held on Tuesday, November 5, 2024    Recommendation(s):
(1) Adopt Resolution No. _____ (the “Election Resolution”), calling for the holding of a Special Municipal Election to be held on Tuesday, November 5, 2024, for the submission to the voters a proposed measure relating to an ordinance enacting a transactions and use tax to be administered by the California Department of Tax and Fee Administration.
(2) Adopt Resolution No._____ (the “Consolidation Resolution”), requesting the Board of Supervisors of the County of Los Angeles to consolidate a Special Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code.

On June 25, 2024, the City Council adopted Resolution No. 24-34, which ordered that an ordinance be submitted to the voters at a municipal election to be held on November 5, 2024, approving enacting an amendment to the City’s transaction and use tax. The resolutions currently under consideration implement Resolution No. 24-34.



 

COUNCIL AGENDA


 

CA1.
Discussion and possible action regarding appointment of Chief Executive/City Manager and authorization to execute Chief Executive/City Manager contract.
Presenter: Mayor R. Rex Parris   
CA2.
Discussion and possible action regarding Lancaster Energy CEO appointment and authorization to execute amendment to employment agreement.
Presenter: Mayor R. Rex Parris   
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.    

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

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

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

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

9.         Lancaster v. Rives

10.       Castro v. Lancaster

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

12.       Perez v. Lancaster, LASC Case No. 23AVCV00577
  
13​.       ​​​​​​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

14.       City of Whittier v. Superior Court, LASC Case No. 23 STCP03579   

ADJOURNMENT
Next Regular Meeting:
July 23, 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.