1 Tuesday, May 3, 2022
CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/Successor Agency/Financing/Power/California Choice Energy Authority to order at 5:06 p.m.
ROLL CALL
PRESENT: City Council Members / Agency Directors / Authority Members: Dorris, Malhi, Mann, Vice Mayor/Vice Chairman Crist, Mayor/Chairman Parris STAFF MEMBERS: City Manager/Executive Director; Deputy City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; City Clerk/Agency/Authority Secretary; Assistant to the City Manager; Development Services Director; Parks, Recreation and Arts Director; Finance & Technology Director.
INVOCATION
Ryan Crist
PLEDGE OF ALLEGIANCE
Council Member Malhi
PRESENTATION TO THE CITY
1. OFFICIAL CANVASS AND CERTIFICATION OF THE APRIL 12, 2022
GENERAL MUNICIPAL ELECTION
The City Clerk presented the staff report on this item.
CC 2
05/24/2022
JC
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 2 On a motion by Council Member Mann and seconded by Council Member Dorris, the City Council adopted Resolution No. 22-16, reciting the facts of the General Municipal Election held on April 12, 2022, declaring the results and such other matters as provided by the law regarding the election of two Council Members and Measure H, an advisory measure without binding the city, would advise the City Council as to whether it should adopt an ordinance imposing an administrative fine for loitering or camping within 500 feet of sensitive use such as schools, churches, daycares, parks and libraries, by the following vote: 5-0-0-0; Ayes: Dorris, Malhi, Mann, Crist, Parris; Noes: None; Abstain:
None; Absent: None
The Oath of Office was administered at this time.
Mayor Parris requested a recess at this time.
Mayor Parris reconvened the meeting at 5:19 p.m.
CA1. CONSIDERATION OF NOMINATION AND APPOINTMENT OF SHAWN CANNON II AS DEPUTY MAYOR.
On a motion by Mayor Parris and seconded by Vice Mayor Crist, City Council approved then nomination and appointment of Shawn Cannon II as Deputy Mayor, by the following vote: 5-0-0-0; Ayes: Dorris, Malhi, Mann, Crist, Parris; Noes: None; Abstain:
None; Absent: None
The Oath of Office was administered at this time.
ED 1. RESOLUTION CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY Jason Caudle, City Manager presented the staff report on this item.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council ADOPTED Resolution No. 22-17, a resolution of the City Council of the City of Lancaster, California, confirming the continued existence of a local emergency in the City of Lancaster, California, by the following vote: 5-0-0-0; Ayes: Dorris, Malhi, Mann, Crist, Parris; Noes: None; Abstain: None; Absent: None
CONSENT CALENDAR
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council APPROVED the Consent Calendar as, by the following vote: 5-0-0-0; Ayes:
Dorris, Malhi, Mann, Crist; Parris; Noes: None; Abstain: None; Absent: None
CC 1. ORDINANCE WAIVER
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 3 Waived further reading of any proposed ordinances. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/Power/California Choice Energy Authority Regular Meeting Minutes of March 22, 2022.
CC 3. CHECK REGISTERS – MARCH 6, 2022 THROUGH APRIL 16, 2022 Approved the Check and Wire Registers for March 6, 2022 through April 16, 2022 in the amount of $16,627,333.62 as presented.
CC 4. MONTHLY REPORT OF INVESTMENTS – MARCH 2022
Accepted and approved the March 2022 Monthly Report of Investments as submitted.
CC 5. ADDITIONAL AUTHORIZATION NO. 2 TO MULTI-YEAR TRAFFIC
ENGINEERING, PLANNING, AND RELATED PROFESSIONAL SERVICES (SERVICE GROUP CATEGORY 2 – STRATEGIC TRANSPORTATION PLANNING)
FOR SAFE ROUTES TO SCHOOL MASTER PLAN REFRESH
Approved award of Additional Authorization No. 2 to with Redman Consulting, LLC, of West Linn, OR, for services, in accordance with the Multi-Year Traffic Engineering, Planning, and Related Professional Services Agreement, Service Group Category (SGC) 2 – Strategic Transportation Planning, to update the City’s Safe Routes to School Master Plan, in the amount of $50,690.00; and authorized the City Manager, or his designee, to sign all documents.
CC 6. PARCEL MAP APPROVAL – PARCEL MAP NO. 72532-02 (LOCATED ON THE SOUTHEAST CORNER OF 60TH STREET WEST AND AVENUE L)
Approved the map and accepted the dedications as offered on the map for Parcel Map No. 72532-02; made 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 instructed 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.
CC 7. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-003 – 2020 SUMMER PAVEMENT MANAGEMENT PROGRAM
Accepted the work constructed by Granite Construction Company, for Public Works Construction Project No. 21-003, 2020 Summer Pavement Management Program, and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Contract Code.
CC 8. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-007 – 2020 FALL PAVEMENT MANAGEMENT PROGRAM
Accepted the work constructed by C.A. Rasmussen, Inc., for Public Works Construction Project No. 21-007, 2020 Fall Pavement Management Program, and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Contract Code.
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 4 CC 9. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-018 –
TRAFFIC CALMING
1. Approved Change Order No. 1 and increased the total amount of the contract with Cal Stripe, Inc., of Colton, California, for Public Works Construction Project No. 21-018, Traffic Calming, by $14,747.83, for a total revised contract amount of $140,947.83, plus 15% contingency.
2. Accepted the work constructed by Cal Stripe, Inc., for Public Works Construction Project No. 21-018, Traffic Calming and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Contract Code.
CC 10. VACATION AND ABANDONMENT OF A DRAINAGE EASEMENT OVER LOT 11 OF TRACT MAP 44439 LOCATED AT THE SOUTHWEST CORNER OF AVENUE L-12 AND JENNY LANE
Adopted Resolution No. 22-14, declaring its intention to summarily vacate and abandon a Drainage Easement over Lot 11 of Tract Map 44439 located at the Southwest corner of Avenue L-12 and Jenny Lane.
CC 11. ADDITIONAL AUTHORIZATION NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT FOR ADDITIONAL WORK - HOUSING ELEMENT
IMPLEMENTATION (RFQ 721-19)
1. Recognized reimbursable grant fund revenue from the California Department of Housing and Community Development (HCD) Senate Bill 2 Planning Grants Program in the amount of $209,775.00 into account number 349-3700-001, and appropriated the same amount to expenditure account number 349-4770-770; and,
2. Approved award of Additional Authorization No 2. to Moore Iacofano Goltsman, Inc., (MIG) of Pasadena, California, to amend the Professional Services Agreement in the amount of $209,775.00 to include Housing Element implementation; and authorized the City Manager, or his designee, to sign all documents.
CC 12. TASK ORDER FOR MULTI-YEAR PROFESSIONAL SERVICES (SERVICE GROUP CATEGORY 4 – ENVIRONMENTAL SERVICES) PREPARATION OF THE
EASTSIDE OVERLAY AND ENVIRONMENTAL IMPACT REPORT
Approved Task Order No. 3 with Michael Baker International, Inc., for services in accordance with the 2018-2020 Multi-Year Professional Services Agreement, Service Group Category 4 – Environmental Services for the Eastside Overlay Environmental Impact Report in the amount of $421,945.00. Authorized the City Manager, or his designee, to sign all documents.
CC 13. 2023 PETERSEN INDUSTRIES TL-3 LIGHTNING LOADER ACQUISITION DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 5 1. Approved the purchase of one (1) 2023 Petersen Industries TL-3 Lightning Loader, utilizing Sourcewell Cooperative Purchasing Contract awarded to Petersen Industries via authorized dealer Nixon-Egli Equipment Co.
2. Authorized the City Manager, or his designee, to sign all documents and approve up to 15% price fluctuation due to vehicle availability at time of order.
CC 14. APPROVAL OF A SERVICE CONTRACT AND SOFTWARE MAINTENANCE
AGREEMENT AND TECHNICAL AGREEMENT WITH SERIOUS CONTROLS LLC
FOR THE DEVELOPMENT, AND ONGOING MAINTENANCE OF A DEMAND
ENERGY RESPONSE MANAGEMENT SYSTEM
1. Approved a Service Contract with Serious Controls LLC for the development and deployment of a Demand Energy Response Management System.
2. Approved a Software Maintenance and Technical Agreement with Serious Controls LLC for maintenance of the Demand Energy Response Management System.
3. Authorized the City Manager to execute all documents and make any non-substantive changes necessary to complete the transaction.
CC 15. APPROVAL OF POWER CHARGE INDIFFERENCE ADJUSTMENT
VOLUNTARY ALLOCATION OF LONG-TERM RENEWABLE ENERGY
PORTFOLIO FROM SOUTHERN CALIFORNIA EDISON AND AUTHORIZATION
TO EXECUTE THE VOLUNTARY ALLOCATION AGREEMENT ON BEHALF OF
LANCASTER CHOICE ENERGY
Approved the Power Charge Indifference Adjustment (PCIA) Voluntary Allocation of Long-Term Renewable Energy Portfolio from Southern California Edison (SCE) and Authorized the City Manager to Execute the Voluntary Allocation Agreement on behalf of Lancaster Choice Energy.
CC 16. RESOLUTION OF INTENTION TO RENEW THE LANCASTER TOURISM
BUSINESS IMPROVEMENT DISTRICT
Adopted Resolution No. 22-15, declaring the City Council’s intention to renew the Lancaster Tourism Business Improvement District (TBID) and establishing the time and place of a public meeting and a public hearing thereon and giving notice hereof.
CC 17. RENEWAL OF GENERAL SERVICES AGREEMENT WITH LOS ANGELES COUNTY
Renewed the General Services Agreement between the City of Lancaster and the County of Los Angeles for a period of five years.
CC 18. AWARD RFP 763-22 OUTLOOK MAGAZINE PRINT VENDOR CONTRACT Awarded RFP 763-22, Outlook Magazine Print Vendor Contract, to Advanced Printing & Graphics of Lancaster, California, in the amount of $485,210.25 to print nine editions of DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 6 the OUTLOOK Magazine. Authorized the City Manager, or his designee, to sign all documents.
PH 1. ADOPTION OF THE CITY OF LANCASTER’S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) 2022-2023 PROGRAM YEAR (PY) ACTION PLAN
Mayor Parris opened the public hearing.
Nike Noack, Senior Manager-Finance presented the staff report on this item.
Mayor Parris closed the public hearing at this time.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi the City Council approved item number PH 1 as comprised, by the following vote: 5-0-0-0; Ayes:
Dorris, Malhi, Mann, Crist, Parris; Noes: None; Abstain: None; Absent: None
Recommendation(s):
a. Approved and adopted the CDBG and HOME Action Plan for the 2022-2023 PY to be submitted to the United States Department of Housing and Urban Development (HUD). b. Appropriated approximately $1,572,221 from PY 2022-2023 CDBG Funds. c. Appropriated approximately $676,132 from PY 2022-2023 HOME Funds. d. Provided City Staff with a methodology for distributing funds should the City’s 2022- 2023 CDBG and HOME annual allocations increase or decrease. e. Authorized the City Manager or designee to execute all contracts and associated documents, including subrecipient agreements, subject to City Attorney approval.
CR 1. COUNCIL REPORTS
Vice Mayor Crist reported on the Antelope Valley Transit Authority (AVTA) citing receipt of award from Environmental Protection Agency (EPA) and Federal Transit Administration (FTA) as number one transportation agency in North America.
Vice Mayor Crist also reported on the North Coalition Transit Commission (NCTC) meeting regarding 138/14 freeway repairs.
Mayor Parris directed staff to draft a proclamation for the next meeting declaring a public safety hazard.
Council Member Dorris reported on concerns regarding Los Angeles County Sheriff Deputy staffing. He also announced upcoming Mayor’s Prayer event scheduled for May 5, 2022 at 7:00 a.m.
LANCASTER FINANCING AUTHORITY
No action is required at this time.
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 7 LANCASTER POWER AUTHORITY
No action is required at this time
LANCASTER SUCCESSOR AGENCY
No action is required at this time
LANCASTER HOUSING AUTHORITY
No action is required at this time
CALIFONRIA CHOICE ENERGY AUTHORITY
No action is required at this time
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
Jason Caudle, City Manager provided a video report on the Poppy Festival held April 22 through April 24th. The City Manager also announced upcoming events to include continuance of Monday Night Bitez; Skytower Mural; Mayor’s partnership with Choshu Japanese Government, and MOAH events. The City Manager also provided video recaps of the Future of the City event and Ribbon Cutting at the Lancaster Community Center.
CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
Addressing the Council at this time:
Steve McCormich -spoke regarding neighborhood safety concerns.
Keith Cone- spoke regarding neighborhood safety concerns.
Fran Sereseres-thanked Mayor and Council for their work.
Gordan Jefferson- spoke in opposition against Measure H.
COUNCIL/AUTHORITY COMMENTS
No comments at this time.
CLOSED SESSION
Allison Burns, City Attorney announced Council will now move to closed session to discuss items number one (1) through twenty-seven (27).
Council moved into closed session at 6:22 pm.
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 8 Mayor Parris reconvened the meeting at 6:34 p.m.
Allison Burns, City Attorney reported that Council discussed closed session items number fifteen (15), sixteen (16), and seventeen (17). Council gave direction to staff and Council. Council authorized legal counsel to file an appeal regarding item number fifteen (15). No reportable action.
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. 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
4. Ramos v Patino, LASC Case No. MC027974
5. Lozoya v. City of Lancaster, LASC Case No. 19AVCV00714
6. Johnson v. City of Lancaster, LASC Case No. 19AVCV00824
7. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163
8. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
9. 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
10. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297
11. Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318
12. Romines v. City of Lancaster, et al, LASC Case No. 20AVCV00345
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE 9 13. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205
14. Davis v. State of California, LASC Case No. 19AVCV00805
15. Lancaster v. Netflix, et al., LASC 21STCV01881
16. Butts v. Lancaster, LASC 21STCP00389
17. Lancaster v. Rives
18. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290- JGB(SHKx)
19. Ortiz v. Lancaster, LASC Case No. 21AVCV00001
20. Aijala v. Lancaster, LASC Case No. 21STCV07841
21. Gardner v. Dominoids, LASC Case No. 21AVCV00186
22. Evans v. Lancaster, LASC Case No. 21AVCV00145
23. Bojorquez v. Lancaster, LASC Case No. 20AVCV00894
24. Arkey v. Lancaster, LASC Case No.20AVCV00816
25. Perez v. Lancaster, LASC Case No. 20AVCV00589
26. Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562
27. Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863
ADJOURNMENT
Mayor Parris adjourned the meeting at 6:36 p.m. and stated the next meeting will be held on May 24, 2022 at 5:00 p.m.
PASSED, APPROVED and ADOPTED this 24th day of May 2022, by the following vote:
AYES: Council Members: Dorris, Mann, Vice Mayor Crist, Mayor Parris NOES: None
ABSTAIN: None
ABSENT: Council Member Malhi
ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS
CITY CLERK MAYOR/CHAIRMAN
AGENCY/AUTHORITY SECRETARY
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10 STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF MINUTES
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE
ENERGY AUTHORITY
I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original City Council/Successor Agency/Financing/ Power/California Choice Energy Authority Minutes, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________.
(seal)
__________________________________
DocuSign Envelope ID: DF42D19F-0877-4DE3-B875-AE36FB6AB9CE