CC 2
06/11/2024
JC
Tuesday, May 28, 2024
CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/ Successor Agency/Financing /Power Authority to order at 5:04 p.m.
ROLL CALL
PRESENT: City Council Members /A gency Directors / Power 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
Matt Dumas, Central Christian Church
PLEDGE OF ALLEGIANCE
Deputy Mayor Heather Varden
PRESENTATIONS
1. Economic Development Proclamation & Presentation
Presented by: Chenin Dow, Assistant Director -CD & Economic Development ; Joshua Thomas, Supervisor -Economic Development & Sydney Yeseta, Assistant Manager - Economic Development
CC/SA/FA/PA Minutes-05/28/24
2 2. Proclamation for Older American’s Month
Presented by: Victoria Reyna Assistant Director-Parks, Arts, Recreation & Community Services
3. Waste Management Sustainability All-Stars
Presented by: Ashley Cortes, Account Manager-Waste Management
CONSENT CALENDAR
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved the Consent Calendar as comprised pulling item number CC 21 and CC 23 for separate discussion under new business, 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 Authority Regular Meeting Minutes of May 07, 2024.
CC 3. CHECK REGISTERS – APRIL 21, 2024, THROUGH MAY 11, 2024.
Approved the Check and Wire Registers for April 21, 2024, through May 11, 2024, in the amount of $25,294,859.24 as presented.
CC 4. MONTHLY REPORTS OF INVESTMENTS – APRIL 2024.
Accepted and approved the April 2024 Monthly Report of Investments as submitted.
CC 5. AUTHORIZATION TO SUBMIT APPLICATION(S) FOR ALL CALRECYCLE GRANTS
Adopted Resolution No. 24-21, authorizing submittal of application(s) for all CalRecycle grants for which the City of Lancaster is eligible.
CC 6. APPROPRIATION OF FUNDS FOR THE 2022-2023 CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) SB 1383 LOCAL ASSISTANCE GRANT (OWR4)
CC/SA/FA/PA Minutes-05/28/24
3 Appropriated $456,996.00 in CalRecycle SB 1383 Local Assistance grant funds to project string account ENV-OWR4.MISCGRANT, GL Code 22445000.5656, and recognized revenue in the same amount to 22445000.4998.
CC 7. PROFESSIONAL SERVICES AGREEMENT FOR SB 1383 CONSULTING
SERVICES
1. Approved Agreement for Professional Services with Go2Zero Strategies in the amount of $154,052.33 for SB1383 Consulting Services.
2. Authorized the City Manager, or his designee, to sign all documents.
CC 8. FINAL MAP APPROVAL – TRACT MAP NO. 061547 (LOCATED AT THE NORTHWEST CORNER OF 30TH STREET EAST AND AVENUE K-4)
Approved the map and accepted the dedications as offered on Tract Map No. 061547 located at the northwest corner of 30th Street East and Avenue K-4; 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 9. REVISED TASK ORDER NO. 2 FOR MULTI-YEAR PROFESSIONAL SERVICES (SERVICE GROUP CATEGORY 1 - CONSTRUCTION MANAGEMENT AND INSPECTION) CONSTRUCTION MANAGEMENT SERVICES FOR PWCP 20- 005, SR-138 (SR-14) AVENUE J INTERCHANGE IMPROVEMENTS, PHASE II
Approved Revised Task Order No. 2, with DMR Team, Inc., for services in accordance with the Multi-Year Professional Services Agreement Service Category Group (SGC) 1 – Construction Management and Inspection, for On-Call Construction Management and Inspection Services in the total amount of $546, 510.00 with a 5% contingency; and authorized the City Manager, or his designee, to sign all documents.
CC 10. 2024-2025 ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) PROJECT LIST FOR SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Adopted Resolution No. 24-22 , approving Senate Bill 1 (SB 1) Proposed Project List Form, and allocate funds in the fiscal year 2024-2025 Capital Improvement Budget to clarify Road Maintenance and Rehabilitation Account (RMRA) funded projects.
CC 11. SPR 21-12 - ACCEPTANCE OF IMPROVEMENTS (SEWER)
Approved the following sanitary sewer installed by the developer and accepted the sewer for maintenance by the City and for public use:
Project No. Private Contract No. Location/Owner
CC/SA/FA/PA Minutes-05/28/24
4 Site Plan Review No. 21-
21 22-01 Northeast Corner Avenue K
and 15th Street West
Owner: TRU 2005 RE I,
LLC, c/o Raider Hill
Advisors, LLC
CC 12. SPR 21-12 – ACCEPTANCE OF IMPROVEMENTS (STREETS)
Approved the developer-constructed streets on the following project. In addition, accepted the streets for maintenance by the City and for public use.
Project No. Location/Owner Site Plan Review No. 21-12 Northeast Corner Avenue K and 15th Street West Owner: TRU 2005 RE I, LLC, c/o Raider Hill Advisors,
LLC
CC 13. SPR 21-12 - Acceptance of Improvements (Water)
Approved the completed water system installed by the developer for the following project:
Project Location/Owner Site Plan Review No. 21-12 Northeast Corner Avenue K and 15th Street West
Owner: TRU 2005 RE I, LLC, c/o Raider Hill
Advisors, LLC
CC 14. TASK ORDER NO. 2 FOR MULTI-YEAR PROFESSIONAL SERVICES GROUP CATEGORY 5 - ENVIRONMENTAL SERVICES FOR LAND AND WATER
CONSERVATION FUND PART 106 SERVICES
A. Approved Task Order No. 2 with Michael Baker International, in accordance with the Multi-Year Professional Services Agreement under service group category five, environmental services, in the amount of $15,050.00, plus a 10% contingency for the proposed Neighborhood Park on Avenue J.
B. Authorized the City Manager or designee to execute all contracts and associated documents, including memorandum of agreement(s), subject to City Attorney approval.
CC 15. A RESOLUTION COMMENCING THE PROCESS CONCERNING (1) THE
PROPOSED AUTOMATIC ANNUAL INFLATIONARY INCREASE TO SOLID WASTE HANDLING SERVICES FEE FOR SINGLE-FAMILY DWELLINGS, AND (2)
PROPOSED COLLECTION OF SOLID WASTE HANDLING SERVICES FEE FOR SINGLE-FAMILY DWELLINGS ON THE TAX ROLL PURSUANT TO SECTION 5473
OF THE HEALTH AND SAFETY CODE
CC/SA/FA/PA Minutes-05/28/24
5 Adopted Resolution No. 24-23, commencing the process concerning (1) proposed automatic annual inflationary increase to solid waste handling services fee for single- family dwellings for Fiscal Year 2024-2025 through Fiscal Year 2028-2029; for fiscal years; for fiscal years 2024-2025 through 2028-2029; and (2) proposed collection of solid waste handling services fee for single-family dwellings on tax roll pursuant to section 5473 of the Health and Safety Code.
CC 16. APPROVAL OF AMENDMENT NO. 2 OF THE PROFESSIONAL SERVICES
AGREEMENT FOR ASSESSMENT DISTRICT ADMINISTRATION AND SUPPORT
SERVICES TO HARRIS AND ASSOCIATES
1. Approved Amendment No. 2 of the Professional Services Agreement for Assessment District Administration and Support Services to Harris and Associates.
2. Authorized the City Manager, or his designee, to sign all documents.
CC 17. APPROVAL OF INCREASED EXPENDITURE AUTHORITY FOR THE INFINITY TECHNOLOGIES CONSULTING SERVICES AGREEMENT.
Approved increased expenditure authority for the Infinity Technologies Consulting Services Agreement for FY24 to $167,500.00.
CC 18. MOBILE MODULAR RESTROOMS FOR LANCASTER MUNICIPAL
STADIUM EXPANSION
A. Approved the purchase of modular restrooms for the Lancaster Municipal Stadium from Mobile Modular in an amount not to exceed $294,098.14, plus a 10% contingency utilizing the Sourcewell procurement contract.
B. Allocated $323,508 from the general fund balance to CIP Project CP11BS046.const.parcs (Account Number 101699900.8000) for the purchase of modular restrooms.
C. Authorized the City Manager, or his designee, to execute all contracts and associated documents, subject to City Attorney approval.
CC 19. TDA ARTICLE 8 FY2023-24 APPLICATION FOR AVAILABLE FUNDS.
Approved Resolution No. 24-24 authorizing the City Manager, or his designee, to apply for $12,071,326 of funds available to the City of Lancaster from Los Angeles County Metropolitan Transportation Authority (LACMTA).
CC 20. AUTHORIZATION TO APPLY FOR THE FORMATION OF THE PACIFIC
HYDROGEN ALLIANCE NON-PROFIT ORGANIZATION
1. Authorized the City Manager, or his designee, to form a California non-profit organization, known as Pacific Hydrogen Alliance.
CC/SA/FA/PA Minutes-05/28/24
6 2. Authorized the City Manager, or his designee, to finalize, execute, and sign all documents necessary to proceed with the application process and formation of the Pacific Hydrogen Alliance.
CC 22. REQUEST FOR ONE (1) ADDITIONAL FULL-TIME EMPLOYEE FOR LANCASTER ENERGY - RENEWABLE H2 INITIATIVES
Approved the addition of one full-time position (1) Coordinator II – Hydrogen Projects – Lancaster Energy, to be fully funded by Lancaster Energy, to effectively manage and expand the City’s renewable hydrogen and clean energy projects.
Appropriated a total of $176,000 between various payroll accounts in fund 501, as shown in Attachment 1 to fund 1 year for the (1) new position.
PH 1. TEFRA HEARING/APPROVAL OF EXEMPT FACILITY BONDS FOR
CARITAS AFFORDABLE HOUSING
Mayor Parris opened the public hearing at this time.
The City Council waived the staff report on this item seeing that there were not any public comments 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, adopted Resolution No. 24-26 pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of tax-exempt revenue bonds (the “Bonds”) by the California Municipal Finance Authority (the “CMFA”) in an aggregate principal amount not to exceed $166,000,000 for the purpose of financing and refinancing the acquisition and improvement of the acquisition, construction, improvement and equipping of certain properties consisting of mobile home parks and an apartment complex (the “Project”), by the following vote: 5-0-0-0; AYES: Hughes- Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
NB1. APPROVED INTRODUCTION OF ORIDINANCE ESTABLISHING A FLAG POLICY
Jason Caudle, City Manager presented the staff report on this item.
Discussion among Council included whether the proposed ordinance has authority over the joint power authorities.
On a motion by Vice Mayor Crist and seconded by Council Member Hughes-Leslie, the City Council, approved the introduction of Ordinance No. 1117, establishing a flag policy for City-owned or City-maintained flagpoles; found that this item is not a project CC/SA/FA/PA Minutes-05/28/24
7 pursuant to the California Environmental Quality Act, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris ; NOES: None; ABSTAIN: None; ABSENT: None
NB 2 (CC 21). REGULAR COUNCIL MEETING SCHEDULE
Allison Burns, City Attorney presented the staff report on this item.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council, adopted Resolution No. 24-25 revising the time for the first meeting in March and the only meeting in November to take place at 5:00 p.m., repealing Resolution No. 21-60 and establishing the meeting day and time of the Lancaster City Council; authorized the City Manager, or his designee, to execute and sign all documents necessary to implement this change , by the following vote: 5-0-0-0; AYES: Hughes- Leslie, Malhi, Mann, Crist, Parris ; NOES: None; ABSTAIN: None; ABSENT: None
NB 3 (CC 23). CLEAN HYDROGEN PURCHASE AGREEMENT NON-BINDING TERM SHEET – ELEMENT RESOURCES, INC.
Jason Caudle, City Manager presented the staff report on this item.
Discussion among Council included the status of the HydroPlane; the cost effectiveness and safety of hydrogen use.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council, (1) approved the Non-Binding Term Sheet with Element Resources, Inc. for the purchase of hydrogen, with an estimated maximum contract amount of $68,200,000 and a minimum contract amount of $54,135,000 per year; authorized the City Manager, or his designee, to execute and sign all documents; and (2) found that this item is not a project pursuant to the California Environmental Quality Act, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris ; NOES: None; ABSTAIN: None; ABSENT: None
CR1. COUNCIL REPORTS
Vice Mayor Crist reported on the Antelope Valley Transit Authority budget and the Sherriff’s booster event.
Council Member Malhi reported on the Memorial Day event,.
Council Member Hughes- Leslie reported on the May 9
th celebration of honor students
and scholarship giveaway. Council Member Hughes-Leslie also reported celebration of AV Press future leaders and Best Buddies event. Council Member Hughes- Leslie also reported on the Women Council of Realtors event. Lastly, Council Member Hughes- Leslie also reported on the MetroLink meeting and the unveiling of the United Soccer League (USL) Antelope Valley soccer team uniform design and name.
Staff provided a video recap of the Antelope Valley soccer team crest reveal and design.
CC/SA/FA/PA Minutes-05/28/24
8 Vice Mayor Crist reported on the Law Day event.
Mayor Parris discussed issues with the cost of ambulance services. Mayor Parris provided direction to staff to work with the fire department to explore how to make ambulance services more efficient within six months. Mayor Parris also gave direction to staff to form a commission whose focus would be on single parent issues. Mayor Parris also instructed staff to further promote the City through communications.
LANCASTER FINANCING AUTHORITY
No action required at this time
LANCASTER HOUSING 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.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS .
Jason Caudle, City Manager reported on the Green Conference were the Mayor was the keynote speaker and award recipient of the Green Mayor of the Year award.
Staff provided a video recap of the Verde Exchange (VX) 2024 event.
Vice Mayor Crist gave staff direction to compose a letter asking Metrolink to perform hydrogen testing within the City of Lancaster.
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:
David Paul-discussed various topics such as the legislative branch of government.
Kevin Rojas-discussed the efforts towards local businesses and the Shop Local rewards program.
CC/SA/FA/PA Minutes-05/28/24
9 Ramona Russum- discussed various issues including homelessness issues and mental health issues.
RECESSED
The City Council recessed the City Council meeting at 6:45 p.m.
RECONVENED
The Mayor reconvened the City Council meeting at 6:47 p.m.
Addressing Council at this time:
Fran Sereseres- discussed the Riders on the Move program for senior cit izens and her Metrolink experience.
Shawn Cannon-discussed the upcoming mental health awareness event.
CITY COUNCIL/AGENCY/AUTHORITY COMMENTS
No comments at this time.
CLOSED SESSION
Mayor Parris announced that the City Council will now move into closed session to discuss items number one (1) through forty (40).
Council went into closed session at approximately 6:53 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
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.
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10 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. Romines 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
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
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11 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
32. Pedvin v. Lancaster, LASC Case No. 23STCV07921
33. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 5215 W. Avenue H, Lancaster, CA
Agency Negotiators: Chenin Dow and Allison Burns
Negotiating parties: Camara Living Trust
Under Negotiation: price and terms of payment
34. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 44219 Sierra Highway, Lancaster, California 93534; APN No. 3132-011-003, 005, 006, 014, 015, 018, 019
Agency Negotiators: Chenin Dow and Allison Burns
Negotiating parties: Hsiao Hui Shen and Jia Yuh Shen
35. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 42047 Sierra Highway, Lancaster, California 93535; APN No. 3128-014-019 Agency Negotiators: Chenin Dow and Allison Burns
Negotiating parties: VK Investments LLC
36. Consideration of Initiation of Litigation
37. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 3128-013-001 and 3128-013-012
Agency negotiators: Chenin Dow and Allison Burns
Negotiating parties: Provident Trust Group, LLC
Under negotiation: price and terms of payment
38. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 44125 Sierra Highway, Lancaster, California 93534; Agency Negotiators: Chenin Dow and Allison Burns
Negotiating parties: HSMS Hospitality Services
39. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 42943 Sierra Highway, Lancaster, California 93535; Agency Negotiators: Chenin Dow and Allison Burns
Negotiating parties: Dhaniben and Girishbhai Patel
CC/SA/FA/PA Minutes-05/28/24
12 RECONVENED
Vice Mayor Crist reconvened the meeting at 7:37 p.m.
Allison Burns, City Attorney announced that the City Council discussed Closed Session agenda item numbers two ( 2), thirty ( 30), thirty-one (31), thirty-three through thirty -five ( 33-35) and thirty-seven through forty (37-40). The City Council authorized the initiation of litigation with regards to real property located at 43900 Danya Lane, Lancaster, CA 93536, and authorized the filing of an appeal and petition for writ in the matter of City of Whittier v. Los Angeles Superior Court, LASC Case No. 23 STCP03579 by unanimous vote on all actions. No further reportable action.
ADJOURNMENT
Vice Mayor Crist adjourned the meeting at 7:38 p.m.
PASSED, APPROVED and ADOPTED this 11
th day of June 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS
CITY CLERK MAYOR/CHAIRMAN
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13 STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF LANCASTER }
CERTIFICATION OF MINUTES
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/ POWER 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 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)
_____________________________________