CC 2
11/14/23
JC
Tuesday, October 24, 2023
CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/Successor Agency/ Financing/ Power/California Choice Energy Authority to order at 5:03 p.m.
ROLL CALL
PRESENT: City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/Vice Chair Crist, Mayor/Chairman Parris STAFF MEMBERS:
City Manager/ Executive Director; Assistant City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; Assistant to the City Manager; City Clerk/Agency/Authority Secretary; Director-Public Works; Director-Community Development; Director-Parks, Recreation, Arts, & Community Services; Director-Finance & Technology; Chief of Police/Director of Public Safety
INVOCATION
Rocky Villanueva, Grace Chapel
PLEDGE OF ALLEGIANCE
Council Member Hughes-Leslie
PRESENTATIONS
1. Walk N Roll Staff Recognition
Presented by Sonya Patterson, Director of Parcs, Arts, Recreation & Community Services
2. Recognition of Michael Kuper
Presented by Mayor R. Rex Parris
Addressing the Council at this time:
David Paul- expressed words of gratitude regarding Michael Kuper.
2 Jackie Owens- expressed words of gratitude and presented a certificate on behalf of Congressman Garcia.
David Owens- expressed words of gratitude regarding Michael Kuper.
Mayor Parris presented Michael Kuper with a key to the city.
CONSENT CALENDAR
On a motion by Vice Mayor Crist and seconded by Council Member Hughes-Leslie, the City Council approved the Consent Calendar as comprised pulling item number CC 7 for separate discussion, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
Deputy Mayor Shawn Cannon provided a presentation on item number CC 7.
Discussion among Council included the ability to collect statistics from the Just SNAP it Traffic Safety Education program.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved item number CC 7, by the following vote: 5-0-0-0; AYES: Hughes- Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None CC 1. ORDINANCE WAIVER
Waived further reading of any proposed ordinance. (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 October 24, 2023.
CC 3. CHECK REGISTERS – SEPTEMBER 24, 2023, THROUGH OCTOBER 7, 2023 Approved the Check and Wire Registers for September 24, 2023, through October 7, 2023, in the amount of $3,018,545.75 as presented
CC 4. SEWER COLLECTION SYSTEM ANNUAL REPORT FOR FISCAL YEAR 2022- 2023
Accepted the Sanitary Sewer Collection System Annual Report for Fiscal Year 2022- 2023.
3 CC 5. TASK ORDER FOR MULTI-YEAR PROFESSIONAL SERVICES (SERVICE GROUP CATEGORY 1 – ROADWAY AND STRUCTURES ENGINEERING)
CONSTRUCTION PHASE SERVICES FOR PWCP 20-005, SR 138 (SR-14) AVENUE J INTERCHANGE IMPROVEMENTS (PHASE II – CALTRANS INTERCHANGE) Approved Revised Task Order No. 1 for post design services with Kimley-Horn and Associates, Inc., (KHA) of Los Angeles, California, in accordance with the Multi-Year Professional Services Agreement, for SR-138 (SR-14) Avenue J Interchange Improvements (Phase II – Caltrans) in the amount of $429,900.00, with an additional $42,900.00 contingency; and authorized the City Manager, or his designee, to sign all documents.
CC 6. ADDITIONAL AUTHORIZATION NO. 4 TO PROFESSIONAL CONSULTANT
SERVICES AGREEMENT FOR PREPARATION OF PROJECT PLANS,
SPECIFICATIONS, AND ESTIMATES FOR SR-138 (SR-14) AVENUE K INTERCHANGE (REFERENCE PWCP 21-006, FORMERLY PWCP 13-018) Approved additional authorization No. 4 to Professional Consultant Services Agreement with TRC Solutions, Inc., of Irvine, California, in the amount of $223,591.00, for Additional Design Services for Plans, Specifications, and Estimates (PS&E) for SR-138 (SR-14) Avenue K Interchange (Reference PWCP 21-006, formerly PWCP 13-018).
Authorized the City Manager, or his designee, to sign all documents.
CC 7. GRANT AGREEMENT, STATE OF CALIFORNIA, OFFICE OF TRAFFIC
SAFETY - TRAFFIC SAFETY EDUCATION PROGRAM
1. Approved the Grant Agreement and authorized the City Manager, or his designee, to execute the grant agreement with the Office of Traffic Safety (OTS) for the Just SNAP it! Traffic Safety Education Program.
2. Recognized revenues and appropriated expenditures totaling $61,250.00 in grant funds from the OTS for the Just SNAP it! Traffic Safety Education Program Grant.
Project Name Amount Revenue Account Expenditure Account Just SNAP it! $61,250.00 OTS SNAPIT- NONINF-
23040000-4998
OTS SNAPIT- NONINF-
23040000-5656
CC 8. AWARD OF SAFE ROUTES TO SCHOOL (SRTS) COMMUNITY
ENGAGEMENT PROGRAM SERVICES (RFP NO.797-24)
1. Authorized the City Manager, or his designee, to execute a professional services agreement with Antelope Valley Partners for Health (AVPH) of Lancaster, California, in the amount of $620,850.00 to provide professional services to provide community engagement services to support an active transportation safety non-infrastructure project that focuses on students K-12.
4 2. Recognized revenues and approved the appropriation of $796,000.00 in Active Transportation Program (ATP) grant funds from the California Department of Transportation (DOT) for the Safe Routes to School (SRTS) Refresh, Rebuild, Recruit, Sustain non-infrastructure program.
Project Name Amount Revenue Account Expenditure Account SRTS Refresh
Rebuild,
Recruit,
Sustain
$796,000.00 ATP SRTSNI-NONINF-
23040000-4998
ATP SRTSNI-NONINF-23040000-
5656
3. Appropriated local match of $106,000.00 in General Fund from fund balance to ATP SRTSNI-NONINF-10140000-5656.
PH 1. VACATION OF A PORTION OF THE PUBLIC ROAD EASEMENT AS DEDICATED WITHIN BLOCK 2 AS SHOWN ON THE MAP FILED IN BOOK 5, PAGES 470-471 OF MISCELLANEOUS RECORDS
Mayor Parris opened the public hearing.
Allison Burns, City Attorney announced that this item will be continued to the November 14, 2023 City Council meeting to allow for additional noticing.
NB 1. APPROVAL OF THE EXPANSION OF THE POWER CHOICE SOLAR AND
BATTERY PROGRAM
Patti Garibay-Assistant Director/CD Planning & Permitting, Kathy Wells-Cal Choice Energy Representative, & Steven Pollack-Participate Energy presented the staff report on this item.
Discussion among Council included upfront costs, billing operations and cost of maintenance on solar and battery. Council also discussed the benefits to business owners.
Addressing Council at this time:
Brian Avery-spoke in support of the expansion of the Power Choice Solar and Battery program.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved the expansion of the Lancaster Power Choice program to include Commercial and Industrial customers; Authorized the City Manager, or his designees, to negotiate and execute program contracts and policies on behalf of the City with 5 concurrence from the City Attorney. by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None NB 2. AMENDMENT TO CHAPTER 5.04 OF THE LANCASTER MUNICIPAL CODE
RELATING TO SIDEWALK VENDORS
Larissa de la Cruz, Director-Community Development and Allison Burns, City Attorney presented the staff report on this item.
Addressing the Council at this time:
Brenda Saso- spoke in favor of the proposed ordinance.
Ana Castaneda- spoke in favor of the proposed ordinance.
Susana Preciado- spoke in favor of the proposed ordinance.
Carlos Dominguez- spoke in favor of the proposed ordinance.
Juan Espinoza- spoke in favor of the proposed ordinance.
Oscar Iraheta- spoke in favor of the proposed ordinance.
Marcus Alvarez-spoke in favor of the proposed ordinance.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the. City Council introduced Ordinance No. 1108 amending Chapter 5.04, Article V of the Lancaster Municipal Code concerning the regulation of sidewalk vendors, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
RECESS: Council recessed at 5:57 p.m.
RECOVENE: Council reconvened the meeting at 6:01 p.m.
NB 3. ORDINANCE NO. 1109 ADDING CHAPTER 2.60 TO THE LANCASTER
MUNICIPAL CODE RELATING TO THE PROTECTION OF CITY FACILITIES AND
PERSONNEL
The City Council waived the staff report seeing there weren’t any public comments on this item.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the. City Council introduced Ordinance No. 1109, adding Chapter 2.60 to the Lancaster 6 Municipal Code relating to the protection of city facilities and personnel; and, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
NB 4. GENERAL MUNICIPAL ELECTION- APRIL 09, 2024
Andrea Alexander, City Clerk presented the staff report on this item.
Discussion among Council and Staff included the ability to advertise the election.
Addressing the Council at this time:
Fran Sereseres- inquired about open seats for the election.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the. City Council approved item number NB 1 as comprised, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
1. Adopted Resolution No. 23-61, calling for the holding of a General Municipal Election to be held on Tuesday, April 09, 2024, for the election of certain officers as required by the provisions of the applicable laws of the state of California and the City of Lancaster, City Charter.
2. Adopted Resolution No. 23-62, and requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal Election to be held Tuesday, April 09, 2024.
3. Adopted Resolution No. 23-63, adopting regulations for candidates for elective office, pertaining to filing fees and candidate statements submitted to the voters at an election to be held Tuesday, April 9, 2024.
4. Adopted Resolution No. 23-64, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election.
5. Directed staff to conduct a standalone all-mail ballot general municipal election and approve the following Professional Services Agreement to provide election support services.
A. Hart InterCivic for ballot design, tabulation software, equipment, and associated services in the amount of $84,197.94 and
B. ProVote Solutions for ballot production, print and mail services in an amount of $154,429.99;
C. Snail Works for mail tracking for approximately of $2,355, D. City of Whittier/GEM for ballot tracking in the amount of $10,000.
E. Los Angeles County for Voter data, Ballot Drop-off Boxes and other services. 7 6. Appropriated an additional amount of $209,427 to the election budget for a total of $350,000.
CA 1. DISCUSSION AND CONSIDERATION OF NOMINATION AND
APPOINTMENT OF ROCIO CASTELLANOS AS DEPUTY MAYOR.
On a motion by Mayor Parris and seconded by Vice Mayor Crist, the City Council approved the nomination and appointment of Rocio Castellanos as Deputy Mayor, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None.
Mayor Parris administered the oath of office at this time.
CR1. COUNCIL REPORTS
Council Member Malhi reported on the Haunt at the Hanger event held on October 21, 2023.
Staff provided a video recap of the Haunt at the Hanger event.
Council Member Malhi reported on the Destination Lancaster meeting.
Vice Mayor Crist reported on North County Transportation Coalition’s (NCTC) quarterly meeting where representatives discussed ongoing Caltrans construction. Vice Mayor Crist also reported on Antelope Valley Transportation Authority (AVTA) meeting regarding parcel taxes.
Council Member Hughes-Leslie reported on the Metro Link Student Adventure Path.
Discussion among Council included safety of Metro Link trains.
LANCASTER HOUSING 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.
CALIFORNIA CHOICE ENERGY AUTHORITY
No action required at this time.
8 CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
Staff provided a video recap of the SALVA event.
Jason Caudle, City Manager announced upcoming events such as Red Ribbon Week, Senior Walk Club, and Field of Drafts on November 4, 2023. The City Manager also announced the last farmer’s market event of the season on October 26, 2023.The City Manager also announced other upcoming events such as the Camp Chill, Trunk or Treat, Milk and Cookies with Santa, Winter Coat Drive, Coffee with a Deputy and Smart and Final ribbon cutting on October 25, 2023.
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 City Council at this time:
Fran Sereseres-discussed concerns at Cedar Town Square and reappointment as commissioner on the Workforce Development Aging and Community Service Commission.
LeeAnn Carlisle discussed safety issues at Cedar Town Square.
Mayor Parris directed staff to hire employees to ensure safety of senior living facility and create ordinance pulling business licenses for unsafe conditions at senior facilities.
CITY COUNCIL/AGENCY/AUTHORITY COMMENTS
No comments at this time.
CLOSED SESSION
Mayor Parris announced that Council will go into closed session to discuss item numbers one (1) through twenty-eight (28) at 6:58 p.m.
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 Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management District v. United States Environmental Protection
9 Agency, et al. 9th Cir. Case No. 23-1614 Name of local agency representative on joint powers agency board: Marvin Crist, Ken Mann
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. Estate of Guzman v. Lancaster
6. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163
7. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
8. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297
9. Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318
10. Romans v. City of Lancaster, et al, LASC Case No. 20AVCV00345
11. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205
12. Davis v. State of California, LASC Case No. 19AVCV00805
13. Lancaster v. Netflix, et al., LASC 21STCV01881
14. Butts v. Lancaster, LASC 21STCP00389
15. Lancaster v. Rives
16. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290-JGB(SHKx)
17. Ortiz v. Lancaster, LASC Case No. 21AVCV00001
18. Aijala v. Lancaster, LASC Case No. 21STCV07841
19. Gardner v. Dominoids, LASC Case No. 21AVCV00186
20. Evans v. Lancaster, LASC Case No. 21AVCV00145
21. Bojorquez v. Lancaster, LASC Case No. 20AVCV00894 10 22. Arkey v. Lancaster, LASC Case No.20AVCV00816
23. Perez v. Lancaster, LASC Case No. 20AVCV00589
24. Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562
25. Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863
26. Castro v. Lancaster
27. Montenegro v. Green, LASC Case No. 22AVCV01050
28. Carter v. Antelope Valley Fair & Event Center, LASC Case No. 23AVCV00460
29. Perez v. Lancaster, LASC Case No. 23AVCV00577
30. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 3135-024-014
Agency negotiators: Chenin Dow and Allison Burns
Negotiating parties: Om Sai Ram Inc.
Under negotiation: price and terms of payment
31. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579
RECONVENED
Mayor Parris reconvened the meeting at 7:13 p.m.
Allison Burns, City Attorney announced that Council discussed closed session item numbers one (1) and fourteen (14). Council gave direction to Staff and legal Counsel. No reportable action.
ADJOURNMENT
Mayor Parris adjourned the meeting at 7:14 p.m. Mayor Parris stated that the next City Council/Successor Agency/Financing/Power/California Choice Energy Authority meeting will be held on Tuesday, November 14, 2023 at 5:00 p.m.
PASSED, APPROVED and ADOPTED this 14th day of November, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
11 ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS
CITY CLERK MAYOR/CHAIRMAN
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)
_____________________________________