TELEPHONIC/VIRTUAL PURSUANT TO
GOVERNMENT SECTION CODE §54953(e)
Tuesday, January 25, 2022
Regular Meeting – 5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on J a n u a r y 2 1 , 2 0 2 2
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 Darrell Dorris Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann UPDATED MEETING PROCEDURE:
To ensure public safety measures while maintaining transparency and public access, members of the public may participate in one of the following ways:
o Virtual Platform [Zoom]:
Ø In response to Government Code section 54953(e) , this meeting will also be conducted telephonically and video streamed live on Channel 28 and the City’s website:
https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings-agendas- and-minutes/public-meetings-web-streaming
Ø PUBLIC COMMENTS ON AGENDIZED ITEMS MAY BE RECEIVED BY DIALING 1-877-853-5257 USING MEETING ID: 863 6131 1905 # PASSWORD:677447#
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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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
In accordance with Government Code section 54953(e), the public may observe this telephonic/ virtual meeting by listening to the live broadcast on local cable channel 28 or live stream on the City’s website:
https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings-agendas-and- minutes/public-meetings-web-streaming The public may participate in the meeting by DIALING 1-877-853-5257 USING MEETING ID: 863 6131 1905# PASSCODE: 677447#. Individual speakers are limited to three (3) minutes each unless a different time limit is announced.
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, please speak when prompted for the Consent Calendar comments. 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
PLEDGE OF ALLEGIANCE
COUNCIL ACTIONS
EMERGENCY DECLARATION
ED 1. COVID-19 Pandemic Updates and Actions
Recommendation:
1. Receive update from staff and/or deputy mayors regarding COVID-19 pandemic status.
2. Direct staff to take actions in response to updated COVID-19 information.
3. Authorize the City Manager to take actions, execute documents and/or expend funds in response to the COVID-19 pandemic.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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4. Authorize and/or direct the City Attorney, with the concurrence of the City Manager, to take actions, execute documents and expend funds in response to legal issues pertaining to the COVID-19 pandemic.
CALIFORNIA CHOICE ENERGY AUTHORITY - CONSENT CALENDAR
CCEA CC 1. Receive California Choice Energy Authority Audited Annual Financial Report for Fiscal Year Ending June 30, 2021
Recommendation:
Receive California Choice Energy Authority (CalChoice) audited annual financial report for Fiscal Year ending June 30, 2021.
CalChoice has recently completed its annual financial audit for fiscal year ending June 30, 2021. The audit was completed by CliftonLarsonAllen LLP (CLA), the same audit firm that is completing the financial audit for City of Lancaster. The audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. These procedures include a review of internal controls, testing of transactions and review of the financial statements in order for the auditors to express an opinion on the financial statements.
CONSENT CALENDAR
CC 1. Waive further reading of any proposed ordinances. (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 January 11, 2022.
CC 3. Check Registers – December 26, 2021 through January 8, 2022 Recommendation:
Approve the Check and Wire Registers for December 26, 2021 through January 10, 2022 in the amount of $5,101,953.08 as presented.
At each regular City Council Meeting, the City Council is presented with check and ACH/wire registers listing the financial claims (invoices) against the City for 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. Monthly Report of Investments – December 2021
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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Recommendation:
Accept and approve the December 2021 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 5. Adoption of Resolution Repealing Resolution No. 21-48 and Authorizing City Manager to Make Certain Limited Adjustments to Customer Power Generation Rates for Lancaster Choice Energy Recommendation:
Adopt Resolution No. 22-02, repealing Resolution No. 21-48 and granting City Manager the power and authority to periodically make certain minor adjustments to Lancaster Choice Energy rates.
An essential part of LCE’s operation is rate setting. As such, a fundamental requirement in setting rates is to ensure sufficient revenue to cover LCE’s operating expenses and provide for reserves. To address fluctuations in operating costs, City Council has determined that LCE rates may require minor adjustments from time to time and prior to the next regularly scheduled City Council meeting for budget adoption or review. The City Council adopted Resolution No. 21-48 on September 14, 2021, authorizing the City Manager to make certain adjustments to LCE power generation rates as he or she reasonably determined necessary with certain conditions, limitations, and requirements.
CC 6. Final Map Approval – Parcel Map No. 77136 (Located near the Northeast Corner of 25th Street West and Avenue L-8)
Recommendation:
Approve the map and accept the dedications as offered on the map for Parcel Map No. 77136; 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
On August 24, 2017 the Planning Commission approved Tentative Parcel Map No. 77136. The Final Map is in substantial conformance with the approved tentative map. Parcel Map No. 77136 has been examined by the City Surveyor, and is ready for Council approval.
CC 7. Approval to Increase the Contract Amount for Powerflex Systems Inc., for the City Hall Resiliency Project
Recommendation:
Approve an increase in the contract amount for Powerflex Systems Inc (Powerflex), by $64,348.00 for the City Hall Resiliency Project and authorize the City Manager to sign all documents.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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On November 9 th, 2021 the City Council approved a contract with Powerflex in the amount of $997,902.00. Due to unforeseen supply chain issues, labor costs and inflation, Powerflex has requested an increase of $64,348.00 to the project budget.
CC 8. Resolution to Authorize Submittal of Application for Statewide Park Land and Water Conservation Fund (LWCF) Grant
Recommendation:
Adopt Resolution No. 22-03 , approving the application and availability of matching funds for the Statewide Park Land and Water Conservation Fund (LWCF) Grant.
The Land and Water Conservation Fund (LWCF), established by President Kennedy’s Administration in 1963, assists states in planning, acquisition, and land development to create new outdoor recreation opportunities for the Health and Wellness of Californians. Since 1965, over one thousand parks throughout California have been created or improved with LWCF assistance. The California Department of Parks and Recreation has been delegated responsibility to administer and establish necessary procedures for grant funds from the LWCF.
CC 9. Approval of Extension of the Memorandum of Understanding between the City of Lancaster and Teamsters Local 911 and Approval of Extension of the Memorandum of Understanding between the City of Lancaster and Lancaster Code Enforcement Association Recommendation:
1. Adopt Resolution 22-04 , a resolution approving the extension of the Memorandum of Understanding between the City of Lancaster and Lancaster Code Enforcement Association (January 1, 2019 through December 31, 2021) until the union membership ratifies the new Memorandum of Understanding.
2. Adopt Resolution 22-05 , a resolution approving the extension of the Memorandum of Understanding between the City of Lancaster and Teamsters Local 911 (January 1, 2019 through December 31, 2021) until the union membership ratifies the new Memorandum of Understanding.
The City of Lancaster and Lancaster Code Enforcement Association have held several discussions. The City of Lancaster and Teamsters Local 911 have also held several discussion.
Membership vote on the new Memorandum of Understanding, effective January 1, 2022, is expected to take place before March 1, 2022. The City of Lancaster and Lancaster Code Enforcement Association 911 are in agreement to provide the union membership the time necessary to conduct their vote to ratify the new Memorandum of Understanding. Also, the City of Lancaster and Teamsters Local 911 are in agreement to provide the union membership the time necessary to conduct their vote to ratify the new Memorandum of Understanding.
COUNCIL REPORTS
CR1. Report on the Activities of the Board of Directors Meeting for District No. 14 of the County Sanitation Districts of Los Angeles County
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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CR2. Summary of the January 14, 2022, SCAG Transportation Committee & Kern COG Joint Meeting
CR3. 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 is 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. In accordance with Government Code section 54953(e), the public may observe this telephonic/ virtual meeting by listening to the live broadcast on local cable channel 28 or live stream on the City’s website:
( https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings-agendas- and- minutes/public-meetings-web-streaming ) The public may participate in the meeting by DIALING 1-877-853-5257 USING MEETING ID: 863 6131 1905 # PASSCODE: 677447# .
Individual speakers are limited to three (3) minutes each unless a different time limit is announced.
CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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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 with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.
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. Ramos v Patino, LASC Case No. MC027974
6. Lozoya v. City of Lancaster, LASC Case No. 19AVCV00714
7. Johnson v. City of Lancaster, LASC Case No. 19AVCV00824
8. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163
9. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
10. Conference with Real Property Negotiators:
Property: APNs 3124-012-008&009
City negotiators: Mike Livingston, Allison Burns
Negotiating parties: Ann Hiramoto; Tina Yoke
Under negotiation: price and terms of payment
11. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297
12. Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318
13. Romines v. City of Lancaster, et al,, LASC Case No. 20AVCV00345
14. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205
15. Davis v. State of California, LASC Case No. 19AVCV00805
16. Lancaster v. Netflix, et al., LASC 21STCV01881
17. Butts v. Lancaster, LASC 21STCP00389
18. Lancaster v. Rives
19. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290-
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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JGB(SHKx)
20. Ortiz v. Lancaster, LASC Case No. 21AVCV00001
21. Aijala v. Lancaster, LASC Case No. 21STCV07841
22. Gardner v. Dominoids, LASC Case No. 21AVCV00186
23. Evans v. Lancaster, LASC Case No. 21AVCV00145
24. Bojorquez v. Lancaster, LASC Case No. 20AVCV00894
25. Arkey v. Lancaster, LASC Case No.20AVCV00816
26. Perez v. Lancaster, LASC Case No. 20AVCV00589
27. Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562
28. Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863
ADJOURNMENT
Next Regular Meeting:
February 8, 2022 at 5:00 PM
MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act and Government Code section 54953(e), the City has implemented a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility. If you need special assistance to participate in this telephonic meeting, please contact the City Clerk at (661)723-6020 or via email at [email protected]. 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.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
REGULAR MEETING AGENDA
TUESDAY, 01/25/2022
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