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