Meeting



Tuesday, October 22, 2024
Regular Meeting – 1:30 PM

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on October 18, 2024
at the entrance to  Lancaster City Hall 
44933 Fern Avenue, Lancaster, CA 93534


LEGISLATIVE BODY

City Council/Successor Agency/Financing/Housing/Power Authority

Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Member 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/Housing/Power Authority

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

INVOCATION
Rashall Hightower, Living Word Worship Center

PLEDGE OF ALLEGIANCE
 

PRESENTATIONS

1.
Antelope Valley Walls Presentation
Presenter: Victoria Reyna, Assistant Director-Parks, Arts, Recreation & Community Services   
2.
Valley Oasis Updates
Presenter: Sarah Perry, Valley Oasis   
3.
Team Up Lancaster
Presenter: Marissa Diaz-Director of Public Works   

HOUSING AUTHORITY - CONSENT CALENDAR
 

HA CC 1.
​Subordination Agreement, allowing Urban Renual, L.P. to Proceed with a Refinance of the Senior Loan for Arbor Gardens Senior Apartments​    Recommendation(s):
​​1. Adopt Resolution No. 24 -     authorizing the Executive Director, or his designee, to finalize terms, modify, and execute a subordination agreement in a form approved by the City Attorney with respect to a $3,300,000.00 Lancaster Housing Authority Loan, a $475,000.00 Lancaster Housing Authority (“Authority”) loan, and a new loan of $5,900,000.00 from PNC Bank, National Association, allowing Urban Renual, L.P. to proceed with mortgage refinance of the senior loan for Arbor Gardens Senior Apartments.  ​

2.  Authorize the Executive Director, or his designee, to execute all related documents. 



​PNC Bank, National Association is making a loan to Urban Renual L.P. in the original principal amount of $5,900,000.000 (Senior Loan), upon the terms and conditions of a Multifamily Loan and Security Agreement dated as of October 31, 2024.  The Senior Loan is secured by a Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing. 

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/Housing/Power Authority Regular Meeting Minutes of October 08, 2024.   
CC 3.
Check Registers – September 22, 2024, through October 5, 2024.    Recommendation(s):
Approve the Check and Wire Registers for payments made September 22, 2024, through October 5, 2024, in the amount of $10,176,958.32 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.
Fleet Program Single Vendor Expenditure Authority Increase and Appropriation    Recommendation(s):
1.   Increase the City Manager’s, or his designee, single-vendor expenditure authority to the budgeted amount for the fleet fund capital asset purchase and lease accounts through the end of FY 2024-2025, and require the City Manager to report purchases in excess of the purchasing authority to the City Council in writing; and
 
2.   Appropriate $240,000.00 into account 111-44097-82000; and

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


To address this, the Maintenance Services Division is proposing an increase in the City Manager’s expenditure authority for single-vendor vehicle and equipment purchases. This increase would align with the approved capital asset budget for fleet funds, and allow staff to act quickly when working with vendors, securing the best possible deals. The proposed adjustment would streamline the vehicle procurement process, while maintaining compliance with the City’s purchasing policies.


CC 5.
Award of Bid and Task Order for Multi-Year Professional Services (Service Group Category 16 - Labor Compliance) - PWCP 23-029 - Avenue L and 5th Street East Drainage Improvements    Recommendation(s):
1.   Award Public Works Construction Project (PWCP) 23-029, Avenue L and 5th Street East Drainage Improvements, to R.C. Becker and Son, Inc. of Santa Clarita, California, in the amount of $948,554.01, (plus a 10% contingency), to construct drainage improvements at the southeast corner of Avenue L and 5th Street East. This contract was awarded per California Public Contract Code Section 22038(b). Authorize the City Manager, or his designee, to sign all documents.

2.   Find the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on June 19, 2007.

3.   Authorize Task Order expenditure amount of $9,485.00, (plus a 5% contingency), for labor compliance services award to the successful firm in Multi-Year Professional Services Agreement, Service Group Category (SGC) 16 - Labor Compliance.

The proposed project is funded by the local fund, Drainage Developer Fees. This project will include constructions of Master Plan of Drainage inlet, storm drainpipe, water systems and ancillary street improvements at the southeast comer of Avenue L and 5th Street East.


CC 6.
Authorize Deed Restriction for Skytower Park    Recommendation(s):
A. Authorize the execution of a deed restriction for Skytower Park.

B. Authorize the City Manager, or his designee, to execute and submit all documents related to the Deed Restriction.

On July 1, 2020, the City of Lancaster was approved for funding through the California Office of Grants and Local Services (OGALS) Prop 68 Per Capita Grant Program, to enhance outdoor fitness amenities at Skytower Park, located at 43434 Vineyard Dr, Lancaster, CA 93535. This funding enabled the construction of a new outdoor exercise station, featuring state-of-the-art equipment adjacent to the basketball court.  As a condition of the grant, the City must file a deed restriction to ensure the property remains dedicated to public recreation and fitness

 

CC 7.
Approval of the Carryover Water Transfer Agreement between the City of Lancaster and the 50th District Agricultural Association    Recommendation(s):
1. Approve the Carryover Water Transfer Agreement between the City of Lancaster and the 50th District Agricultural Association (50th District) to transfer 192-acre feet (AF) of carryover water that the 50th District has banked since the Water Adjudication Judgement was finalized.

2. Approve an additional transfer of 32 AF of carryover water per year from the 50th District to the City. This includes a total of 160 AF of carryover water over a five-year period.

3. Approve the Transfer Request Form, which will be submitted jointly by the City of Lancaster and 50th District to the Antelope Valley Water Master (Water Master) for approval of the transaction. Approve any future transfer request forms submitted by the City and 50th District to complete this carryover water transfer agreement.

4. Authorize the City Manager, or his designees, to execute all documents and make any non-substantive changes necessary to complete the transaction. 

As a participant in the Antelope Valley Ground Water Adjudication, the 50th District received 32 AF of permanent ground water rights, which they are currently not utilizing for their site and have no plans to utilize in the future. This water has been carried over as allowed by the Water Adjudication Judgment. The Adjudication ruling allows the 50th District to transfer carryover water rights to another State or local agency of their choosing.
 

CC 8.
Ordinance Repealing Chapter 2.39 of the Lancaster Municipal Code Regarding Social Equity Commission    Recommendation(s):
Adopt Ordinance No. 1120 repealing Chapter 2.39 of the Lancaster Municipal Code regarding Social Equity Commission.

The Antelope Valley, and primarily the cities of Palmdale and Lancaster, share many common goals, interests and quality of life issues. Having two separate municipal commissions (the Social Equity Commission in Lancaster and the Human Rights Advisory Committee in Palmdale), each with similar goals and objectives, dilutes the efficacy and benefits that would be enhanced by a joining of these community-oriented groups.
 

CC 9.
Monthly Reports of Investments – August & September 2024    Recommendation(s):
Accept and approve the August and September 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 10.
Award of Bid for PWCP 21-023 PH2 Landscape Restoration Program and Task Order for Multi-Year Professional Services (Service Group Category 16 – Labor Compliance)    Recommendation(s):
1. Award Public Works Construction Project (PWCP) 21-023 PH2, Landscape Restoration Program, to Marina Landscape, Inc, of Orange, California, in the amount of $4,251,985.00 (plus a 20% contingency), to replace landscaping and irrigation systems along the Sierra Highway Bike Path from Avenue J to Avenue M and authorize the City Manager, or his designee, to sign all documents. This contract is recommended for award in accordance with California Public Contract Code Section 22038(b).

2. Find the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on October 17, 2024.

3. Authorize Task Order expenditure amount of $42,519.85, (plus a 5% contingency), for labor compliance services award to the successful firm in Multi-Year Professional Services Agreement, Service Group Category (SGC) 16 - Labor Compliance.

The proposed project is funded by Proposition A and the General Fund, and will replace landscaping and irrigation systems along the Sierra Highway Bike Path from Avenue J to Avenue M. This project is Phase 2 in the Landscape Restoration Program.

PUBLIC HEARING


 

PH 1.
Mitigation Fee Act (AB 1600) Report for Fiscal Year 2024.    Recommendation(s):
Staff recommends the City Council receive and file the Mitigation Fee Act (AB1600) Report on Development Impact Fees for the fiscal year ending June 30, 2024.

The AB 1600 report consists of a brief description of the fee type in the account or fund, the amount of the fee, the beginning and ending balance of the account or fund, the amount of fees collected and the interest earned, if any. If there are funds in the account then there is also a requirement to make a finding that there is a reasonable relationship between current needs for and the purposes for which they were originally collected.

 

NEW BUSINESS


 

NB 1.
Ordinance Adding Chapter 8.34 to the Lancaster Municipal Code Relating to the Sale of Energy Drinks to Persons Under the Age of 18    Recommendation(s):
Introduce Ordinance No. ______  adding Chapter 8.34 to the Lancaster Municipal Code relating to the sale of energy drinks to persons under 18 years of age. 

In order to protect the public health, safety and welfare of persons under the age of eighteen (18) years of age, the City Council of the City of Lancaster has determined it is necessary to prohibit the sale , distribution, giving away or offering of energy drinks to persons under the age of eighteen (18) years old. Research has shown  that the consumption of energy drinks by persons under the age of eighteen years old have several negative effects.

NB 2.
Lancaster Eats Support Program Overview and Implementation    Recommendation(s):
1. Authorize the City Manager or his designee to finalize and execute loan agreements for amounts up to $25,000, along with associated operating covenants, between the City of Lancaster and Lancaster Eats Support Program participants.

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

The Lancaster Eats Support Program (LESP) was established to stimulate the local economy by attracting and supporting small, independent restaurants, wineries, craft breweries, eateries, and distilleries. This initiative aims to fill vacant commercial spaces with sustainable and dynamic businesses, thus enhancing the vibrancy and diversity of Lancaster's community.

 

COUNCIL AGENDA


 

CA 1.
Discussion and consideration of nomination and appointment of new Planning Commission Member.   
COUNCIL REPORTS


 

CR 1.
Council Reports   

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) - four potential cases.

2.         Conference with Legal Counsel - Anticipated Litigation: consideration
            of initiation of litigation pursuant to Government Code
            Section 54956.9(d) (4) – four 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.         Castro v. Lancaster

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

11.       Perez v. Lancaster, LASC Case No. 23AVCV00577
  
12.       City of Whittier v. Superior Court, LASC Case No. 23 STCP03579   

ADJOURNMENT
Next Regular Meeting:
November 12, 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.