M1
Insert date
of meeting
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will be
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JC
CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER/
CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
Tuesday, January 24, 2023
CALL TO ORDER
ROLL CALL
PRESENT: City Council Members / Agency Directors / Authority Members:
EXCUSED: City Council Members / Agency Directors / Authority Members: Mayor Parris, Council Member Malhi, Council Member Dorris, Vice Mayor Crist, Council Member Mann
STAFF MEMBERS:
PrimeGov Admin, Kathleen Stenback, Andrea Alexander, Jeff Hogan, Jeff Campbell, Jason Caudle, Allison Burns, Chenin Dow, Pam Statsmann
INVOCATION
Jeremy Johnson, Grace Resources
PLEDGE OF ALLEGIANCE
LANCASTER HOUSING AUTHORITY
CONSENT CALENDAR
No action required at this time.
COUNCIL ACTIONS
CALIFORNIA CHOICE ENERGY 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.
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/Housing/Financing/Power/California
Choice
Energy Authority Regular Meeting Minutes of January 10, 2023.
CC 3.
Check Registers – December 25, 2022, through January 7, 2022
Recommendation(s):
1. Approve
the
Check
and
Wire
Registers
for
December
25,
2022,
through
January
7,
2022,
in the amount of $4,360,455.36 as presented.
2. Find that the California Environmental Quality Act does not apply to this item.
At
each
regular
City
Council
Meeting,
the
City
Council
is
presented
with
a
check
and
ACH/wire
registers
listing
the
financial
claims
(invoices)
against
the
City
for
the
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 2022
Recommendation(s):
1. Accept and approve the December 2022 Monthly Report of Investments as submitted
2. Find that the California Environmental Quality Act does not apply to this item.
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.
Final
Map
Approval
–
Tract
Map
No.
062120-01
(Located
at
the
Southwest
Corner
of
35th
Street West and Lancaster Boulevard)
Recommendation(s):
1. Approve
the
map
and
accept
the
dedications
as
offered
on
Tract
Map
No.
062120-01
l
ocated
at
the
southwest
corner
of
35th
Street
West
and
Lancaster
Blvd
;
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. Find
that
the
City
has
complied
with
the
California
Environmental
Quality
Act.
An
Initial
Study/Mititgated
Negative
Declaration
(IS/MND)
was
prepared
and
a
Notice
of
Determination was filed and posted on June 6, 2006.
The
Final
Parcel
Map
is
in
substantial
conformance
with
the
approved
tentative
map.
Tract
Map
No.
062120-01
has
been
examined
by
the
City
Surveyor,
and
is
ready
for
Council
approval.
In
addition,
a
Lien
Agreement
and
improvement
securities
have
been
submitted
to
guarantee the installation of improvements.
CC 6.
SPR 17-01 - Acceptance of Improvements (Streets)
Recommendation(s):
1. Approve
the
developer-constructed
streets
on
the
following
project.
In
addition,
accept
the
streets for maintenance by the City and for public use.
Project
Location/Owner
Site Plan Review No. 17-01 846 West Avenue L-6 th
Owner: SEG Opportunity Properties, LLC
2. Find
that
the
City
has
complied
with
the
California
Environmental
Quality
Act.
A
notice
of
Exemption dated November 26, 2019, was filed and posted.
The
streets
have
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
Senior Director - Development Services.
CC 7.
SPR 17-01 - Acceptance of Improvements (Water)
Recommendation(s):
1. Approve the completed water system installed by the developer for the following project:
Project
Location/Owner
Site Plan Review No. 17-01
824 West Avenue L-6
Owner: SEG Opportunity Properties, LLC
2. Find
that
the
City
has
complied
with
the
California
Environmental
Quality
Act.
A
Notice
of Exemption dated November 26, 2019, was filed and posted.
Water
system
improvements
are
accepted
by
the
City
in
order
to
exonerate
the
Developer’s
Undertaking
Agreement
and
release
of
improvement
securities.
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.
Additionally,
the
work
has
been
inspected and found to be satisfactory to the Senior Director - Development Services.
CC 8.
Acquisition of Property
Recommendation(s):
1. Authorize
the
City
Manager,
or
his
designee,
to
negotiate,
finalize,
and
execute
an
Agreement
to
Purchase
Los
Angeles
County
Tax
Defaulted
Property
for
APN
3137-010-017,
in a form approved by the City Attorney.
2. Adopt
Resolution
No
.
_______,
approving
the
acquisition
of
APN
3137-010-017
through
Los Angeles County’s Chapter 8 Agreement Sale Program.
3. Authorize
the
City
Manager,
or
his
designee,
to
negotiate,
finalize,
and
execute
an
agreement
to
purchase
APN
3137-010-032
from
a
private
seller,
in
a
form
approved
by
the
City Attorney.
4. Appropriate
$3,276,332.00
from
Account
No.
109-4240-912
to
Account
No.
109-2900-000
to fund this purchase.
5. Find that the California Environmental Quality Act does not apply to this item.
6. Authorize the City Manager, or his designee, to execute all related documents.
The
purchase
of
these
properties
will
help
pave
the
way
for
Lancaster’s
renewable
hydrogen
energy future, with the intent of generating revenue for the City over the long term.
CC 9.
Amendment
to
Title
17 of
the
Lancaster
Municipal
Code
relating
to
the
Regulation
of
PUBLIC HEARINGS
Collection/Donation Bins
Recommendation(s):
1. Adopt
Ordinance
No.
____
,
amending
Title
17 of
the
Lancaster
Municipal
Code
by
amending
Chapter
17.12 (Commercial
Zones),
and
by
adding
a
new
Chapter
17.45,
relating
to the regulation of collection/donation bins.
2. Find that the California Environmental Quality Act does not apply to this item.
PH 1.
Public
Hearing
on
the
Resolution
of
Formation
to
Establish
Community
Facilities
District
No. 2021-1 (Public Services)
Recommendation(s):
1. Conduct
a
public
hearing
pursuant
to
the
Mello-Roos
Community
Facilities
Act
of
1982
(Cal.
Gov’t
Code
§§
53318-53329.6)
(the
“Act”)
and
Resolution
No.
22-54
concerning
the
City’s intent to establish Community Facilities District (“CFD”) No. 2021-1.
2. Adopt
Resolution
No.______
,
a
resolution
of
formation
establishing
Community
Facilities
District No. 2021-1 (“ROF”).
3. Adopt
Resolution
No
.
______
,
a
resolution
calling
special
landowner
election
(“Election
Resolution”).
4. Adopt
Resolution No.
______
, a resolution declaring election results.
5. Adopt
Ordinance
Levying Special Tax
6. Find that the California Environmental Quality Act does not apply to this item.
The
City
of
Lancaster
has
identified
the
need
to
fund
the
continuing
expansion
of
demand
for
public
services
(fire
and
police)
of
public
facilities
associated
with
new
development
and
population
growth
in
the
City.
In
April
of
2020,
the
City
began
talks
with
the
owner
and
a
special
tax
consultant
to
assist
in
the
establishment
of
a
CFD
to
levy
a
special
tax
to
fund
public
services
serving
the
new
development.
The
City
has
received
a
petition
from
Hatzlacha
Development
LLC
(the
“Owner”),
the
owner
and
developer
of
APN:
3153-005-
024
(Parcel
1),
3153-005-025
(Parcel
2),
3153-005-078
(Parcel
3),
and
3153-005-088
(Parcel
4)
(collectively,
the
“Property”)
requesting
the
formation
of
the
proposed
CFD,
encompassing
the
Property,
to
finance:
parks
and
recreation;
public
safety;
and
public
works
(“CFD No. 2021-1 Public Services”).
PH 2.
Vehicle Miles Traveled (VMT) Impact Fee Mitigation Program
Recommendation(s):
1. Adopt
Resolution
No.
_____
,
approving
the
Vehicle
Miles
Traveled
(VMT)
Impact
Fee
Mitigation
Program,
certifying
the
Final
Program
Environmental
Impact
Report
for
the
Vehicle
Miles
Traveled
Program,
and
adopting
the
Mitigation
Monitoring
and
Reporting
Program, Findings and Statement of Overriding Considerations.
2. Introduce
Ordinance
No.
______
,
amending
Title
15 (Buildings
and
Construction)
of
the
Lancaster
Municipal
Code
by
adding
Chapter
15.67 related
to
the
Vehicle
Miles
Traveled
(VMT) Impact Fee Mitigation Program.
In
September
2013,
the
Governor’s
Office
of
Planning
and
Research
(OPR)
signed
Senate
Bill
(SB)
743
into
law,
starting
a
process
that
changed
the
way
transportation
impacts
are
analyzed
under
the
California
Environmental
Quality
Act
(CEQA).
In
accordance
with
SB
743,
the
City
adopted
its
VMT
Guidelines
at
the
June
15,
2020
City
Council
meeting.
The
required
implementation
of
SB
743
has
created
challenges
for
many
development
projects
in
Lancaster
as
feasible
and/or
sufficient
mitigation
is
not
always
available
to
offset
the
impacts
of individual projects.
PH 3.
Avanti North Specific Plan (SP No. 15-01) Amendment
Recommendation(s):
1. Adopt
Resolution
No.
______
,
approving
an
amendment
to
Specific
Plan
(SP)
No.
15-01
to
modify
the
development
standards
allowing
for
an
increase
in
residential
lots
to
a
maximum
of
873
single-family
residential
lots
in
the
SP
15-01
zone
generally
bounded
by
Avenue K, Avenue K-8, 62
Street West, and 70
Street West (APN: 3204-002-126)
2. Find
that
the
City
has
complied
with
the
California
Environmental
Quality
Act.
The
City
Council
certified
the
Environmental
Impact
Report
(EIR)
for
the
project
on
August,
8,
2017,
with the Addndum to the EIR certified by the Planning Commission on December 12, 2022.
The
applicant,
CV
Communities,
LLC,
is
proposing
to
modify
the
development
standards
in
the
Specific
Plan,
including
the
minimum
lot
size
and
lot
width,
in
order
to
add
an
additional
120
residential
lots
for
a
maximum
of
873
residential
lots.
The
resulting
lots
would
range
from
a
minimum
of
5,000
square
feet
to
a
minimum
of
6,600
square
feet
depending
upon
the
Planning
Area.
Additionally,
they
are
proposing
to
make
minor
modifications
to
the
size
of
the
two
parks,
basin
areas
and
roadway
configurations.
These
revisions
have
also
been
reflected in the amendment to Tentative Tract Map No. 73507.
JOINT PUBLIC HEARING
COUNCIL AGENDA
CA1.
1. Consider
a
recommendation
of
a
City
Council
Member
to
the
North
County
Transportation
Coalition’s
Call
For
Candidates
to
serve
as
the
Southern
California
Association
of
Governments (SCAG) Regional Council District #43 Representative.
2. Find that the California Environmental Quality Act does not apply to this item.
COUNCIL REPORTS
CR1.
nd
th
Council Reports
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
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. 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. Rahier v. City of Lancaster, LASC Case No. 19 AVCV00163
6. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
7. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20 AVCV00297
8. Hernandez v. County of Los Angeles, et al., LASC Case No. 20 AVCV00318
9. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345
10. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
11. Davis v. State of California, LASC Case No. 19 AVCV00805
12. Lancaster v. Netflix, et al., LASC 21STCV01881
13. Butts v. Lancaster, LASC 21STCP00389
14. Lancaster v. Rives
15. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290- JGB(SHKx)
16. Ortiz v. Lancaster, LASC Case No. 21 AVCV00001
17. Aijala v. Lancaster, LASC Case No. 21STCV07841
18. Gardner v. Dominoids, LASC Case No. 21 AVCV00186
19. Evans v. Lancaster, LASC Case No. 21 AVCV00145
20. Bojorquez v. Lancaster, LASC Case No. 20 AVCV00894
21. Arkey v. Lancaster, LASC Case No.20 AVCV00816
22. Perez v. Lancaster, LASC Case No. 20 AVCV00589
23. Serrano v. Los Angeles County et al. LASC Case No. 21 AVCV00562
24. Jackson v. RE Schultz Construction et al. LASC Case No. 21 AVCV00863
25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-029
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Roger W. Pannier, Trustee of the Roger W. Pannier Revocable Trust, established April 25, 1988 as to an undivided ½ interest and Lorraine Prater, Trustee of the Prater Family Trust dated February 23, 1987, Lorraine Prater, Trustee of the Lorraine Alice Prater Survivors Trust dated October 8, 1993, Brian Lee Prater, Niel Howard Prater and Lloyd Bruce Prater, as their respective interest appear of record as to the remaining 1/2 interest
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-035
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Gholwan Mechammil and Insaf Mechammil, husband and wife as joint tenants
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3125-021-002
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Ukani Enterprise Inc., a California Corporation Under negotiation: Price and terms of payment
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. Rahier v. City of Lancaster, LASC Case No. 19 AVCV00163
6. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
7. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20 AVCV00297
8. Hernandez v. County of Los Angeles, et al., LASC Case No. 20 AVCV00318
9. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345
10. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
11. Davis v. State of California, LASC Case No. 19 AVCV00805
12. Lancaster v. Netflix, et al., LASC 21STCV01881
13. Butts v. Lancaster, LASC 21STCP00389
14. Lancaster v. Rives
15. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290- JGB(SHKx)
16. Ortiz v. Lancaster, LASC Case No. 21 AVCV00001
17. Aijala v. Lancaster, LASC Case No. 21STCV07841
18. Gardner v. Dominoids, LASC Case No. 21 AVCV00186
19. Evans v. Lancaster, LASC Case No. 21 AVCV00145
20. Bojorquez v. Lancaster, LASC Case No. 20 AVCV00894
21. Arkey v. Lancaster, LASC Case No.20 AVCV00816
22. Perez v. Lancaster, LASC Case No. 20 AVCV00589
23. Serrano v. Los Angeles County et al. LASC Case No. 21 AVCV00562
24. Jackson v. RE Schultz Construction et al. LASC Case No. 21 AVCV00863
25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-029
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Roger W. Pannier, Trustee of the Roger W. Pannier Revocable Trust, established April 25, 1988 as to an undivided ½ interest and Lorraine Prater, Trustee of the Prater Family Trust dated February 23, 1987, Lorraine Prater, Trustee of the Lorraine Alice Prater Survivors Trust dated October 8, 1993, Brian Lee Prater, Niel Howard Prater and
Lloyd Bruce Prater, as their respective interest appear of record as to the remaining 1/2 interest
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-035
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Gholwan Mechammil and Insaf Mechammil, husband and wife as joint tenants
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3125-021-002
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Ukani Enterprise Inc., a California Corporation Under negotiation: Price and terms of payment
ADJOURNMENT
Next Regular Meeting:
February 14, 2023 at 5:00 PM
PASSED, APPROVED and ADOPTED this (insert date here), by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS
CITY CLERK MAYOR/CHAIRMAN
AGENCY/AUTHORITY SECRETARY
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF MINUTES
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/HOUSING/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/Housing/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)
____________________________
__________