Cities Index.
Agenda

Lancaster City Council
April 11, 2023

Document
Agenda
Meeting
April 11, 2023
Body
Lancaster City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityoflancasterca.primegov.com. That file is the official record.

Tuesday, April 11, 2023
Regular Meeting – 5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on April 7, 2023
at the entrance to the Lancaster City Hall Council Chambers 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 Member Darrell Dorris Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 04/11/2023
~ 1 ~

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.

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
John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 04/11/2023
~ 2 ~

COUNCIL ACTIONS

EMERGENCY DECLARATION

CONSENT CALENDAR

PRESENTATIONS

1. Certificate of Recognition to Antelope Valley Adventist School Student Riley Smith Presenters: Mayor Parris & Jason Caudle, City Manager

2. Recognition of Quartz Hill High School Boy’s Soccer Team Presenters: Mayor Parris & Jason Caudle, City Manager

ED 1.

Termination of Local Emergency

Recommendation(s):

Adopt

a

Resolution

proclaiming

the

termination

of

the

Local

Emergency

and

the

Local
Health Emergency caused by the novel coronavirus (COVID-19).

As

community

spread

of

COVID-19

has

decreased

locally

and

statewide

and

the

need

for
continued

resources

to

respond

to

this

public

health

crisis

are

now

within

the

control

of

the
services,

personnel,

equipment,

and

facilities

of

the

City,

the

City

of

Lancaster,

has
determined that there is no longer a need to continue the local emergency.

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/California

Choice

Energy
Authority Regular Meeting Minutes of March 28, 2023.

CC 3.

Check Registers – March 12, 2023, through March 25, 2023

Recommendation(s):

Approve

the

Check

and

Wire

Registers

for

March

12,

2023,

through

March

25,

2023,

in

the
amount of $4,003,205.73 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

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.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 04/11/2023
~ 3 ~

CC 4.

Adoption

of

a

Resolution

Authorizing

the

Execution

of

a

Surety

Bond

to

Meet

the

Financial
Security Requirement For Lancaster Energy

Recommendation(s):

Adopt

Resolution

No.

______
,

authorizing

the

execution

of

a

Surety

Bond

to

meet

the
Financial Security Requirement For Lancaster Energy.

The

City’s

Community

Choice

Aggregation

(CCA)

Program,

Lancaster

Energy

(LE),

was
established

by

the

City

Council

through

the

adoption

of

Ordinance

997

on

May

27,

2014.

LE
began

serving

customers

in

May

2015.

In

2018,

the

CPUC

issued

Decision

18-05-022
(Decision)

which

established

reentry

fees

and

financial

security

requirements

for

CCAs.

The
purpose

of

the

Financial

Security

Requirement

(FSR)

instrument

is

to

cover

reentry

fees
borne

by

the

Investor-Owned

Utility

(IOU)

in

the

event

of

a

mass

involuntary

return

of

CCA
customers

to

the

IOU,

such

as

a

decertification

of

a

CCA

or

a

CCA

failure.

The

IOU

may
only

withhold

funds

from

the

financial

security

instrument

for

unpaid

administrative

or
procurement

costs

associated

with

the

return

of

CCA

customers

to

the

IOU.

Any

withholding
of those funds must first be approved by the CPUC.

CC 5.

Purchase and Sale Agreement with Garen Harutyunyan

Recommendation(s):

1. Approve

the

Purchase

and

Sale

Agreement

with

Garen

Harutyunyan

for

the

sale

of

one
industrial parcel located near Avenue J-11 and Yucca Avenue.

2. Authorize

the

City

Manager,

or

his

designee,

to

execute

(i)

the

Purchase

and

Sale
Agreement

in

substantially

the

form

presented,

subject

to

non-substantive

changes

approved
by

the

City

Manager

and

City

Attorney;

and

(ii)

all

documents

necessary

or

appropriate

to
complete the transaction.

3. Find that the California Environmental Quality Act does not apply to this item.

The

subject

parcel

was

declared

surplus

by

Resolution

22-53

on

October

11,

2022.

On
October

14,

2022,

the

City

released

the

Notice

of

Availability

pursuant

to

the

Surplus

Land
Act

guidelines.

After

the

sixty-day

noticing

period

ended,

no

entity

was

prepared

to

purchase
the

site.

On

January

6,

2023,

the

City

submitted

to

the

California

Department

of

Housing

and
Community

Development

(HCD)

for

review

of

certain

information

and

documentation
related

to

this

specific

agreement.

HCD

determined

the

City

was

in

compliance

with

the
Surplus Land Act and can dispose of the property.

CC 6.

Approval

of

the

2022

General

Plan

Annual

Progress

Report

and

the

2022

Housing

Element
Annual Progress Report

Recommendation(s):

Adopt

Resolution

No.

,

approving

the

2022

General

Plan

Annual

Progress

Report

and
the 2022 Housing Element Annual Progress Report.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 04/11/2023
~ 4 ~

PUBLIC HEARING

COUNCIL REPORTS
The

General

Plan

and

Housing

Element

APRs

describe

the

progress

of

the

City’s

ongoing
efforts

to

implement

and

assess

identified

goals,

policies

and

objectives

in

the

General

Plan
and

Housing

Element.

Demonstration

of

ongoing

compliance

with

State-required

reporting
ensures

that

the

City

maintains

eligibility

and

competitiveness

for

ongoing

grant

funding
opportunities

that

may

help

to

implement

these

goals

and

policies.

Therefore,

staff
recommends

that

the

City

Council

approve

the

2022

General

Plan

Annual

Progress

Report
and the 2022 Housing Element Annual Progress Report.

PH 1.

Renewal

of

the

Downtown

Lancaster

Property

and

Business

Improvement

District
(DLPBID), Approval of the Assessment Formula and Levy of the Assessments

Recommendation:

1. Adopt

Resolution

No.

,

establishing

the

Downtown

Lancaster

Property-Based
Improvement

District

(DLPBID),

approving

the

assessment

formula

and

levying

the
assessments

through

a

majority

of

the

votes

cast

in

the

Downtown

Lancaster

ballot

process

in
favor of the formation of the PBID.

2. Introduce

Ordinance

No.

,

amending

Chapter

14 of

the

Lancaster

Municipal

Code,
renewing the Downtown Lancaster Property and Business Improvement District.

The

DLPBID

is

currently

in

its

second

5-year

term,

with

a

scheduled

sunset

date

of
December

31,

2023.

Applicable

law

(the

Property

and

Business

Improvement

District

Law
of

1994,

Cal.

Sts.

&

High.

Code

§

36600

et

seq.

(the

“PBID

Law”))

provides

that

the

District
may

be

renewed

by

following

the

procedures

for

establishing

a

new

district,

and

that,

upon
renewal,

the

District

shall

have

a

term

of

not

more

than

(10)

ten

years.

(
See

Cal.

Sts.

&

High.

Code

§

36660(a),

(c).).

The

City

has

received

written

petitions

signed

by

the

property

owners
in

the

District

who

will

pay

more

than

fifty-five

percent

(55%)

of

the

assessments

proposed
to

be

levied,

requesting

that

proceedings

be

initiated

to

renew

the

District.

The

Lancaster
City Council approved the initiation of the ballot process on February 14, 2023.

CR1.

Council Reports

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 04/11/2023
~ 5 ~

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. 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

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 04/11/2023
~ 6 ~

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

26. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 3123-001-062 and 3123-004-045
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: HD Development of Maryland Inc.,
Under negotiation: price and terms of payment
Property: APN 3123-003-099
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Tane, LLC
Under negotiation: price and terms of payment

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 04/11/2023
~ 7 ~

Property: APN 3123-003-100
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: The James Owen Fourr 2018 Revocable Trust Under negotiation: price and terms of payment
Property: APNs 3123-004-037 and 3123-004-038
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Palmdale Grand Plaza, LLC
Under negotiation: price and terms of payment
Property: APN 3123-004-048
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Palmdale Grand Plaza, LLC
Under negotiation: price and terms of payment
Property: APN 3123-004-047
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Crowne Point Equity, LLC
Under negotiation: price and terms of payment
Property: APN 3123-012-902
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Lancaster School District
Under negotiation: price and terms of payment
Property: APNs 3123-016-004 and 3123-016-005
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: J-4 Development LLC
Under negotiation: price and terms of payment
Property: APN 3123-016-085
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: The Randall H. Kaufman 1998 Trust
Under negotiation: price and terms of payment

ADJOURNMENT
Next Regular Meeting:

May 09, 2023 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.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 04/11/2023
~ 8 ~

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 –
TUESDA Y, 04/11/2023
~ 9 ~

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