Meeting
Tuesday, October 8, 2024
Regular Meeting –
1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:30 p.m. on
October 04, 2024
at the entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534
LEGISLATIVE BODY
City Council/Successor Agency/Financing/Housing/Power Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Member Lauren Hughes-Leslie Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann
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.
LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code Section 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). 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. “G.C. Section 84308: Yes” on this agenda indicates that the item is subject to these regulations.
CALL TO ORDER
City Council/Successor Agency/Financing/Housing/Power Authority
ROLL CALL
City Council Members /Agency Directors /Housing Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
Jeremy Johnson, Grace Resources
PLEDGE OF ALLEGIANCE
HOUSING AUTHORITY ACTIONS
CONSENT CALENDAR
HA CC 1.
Commitment Letter with Ravello Holdings, Inc.
Recommendation(s):
Authorize the Executive Director to execute a loan commitment letter with Ravello Holdings, Inc. consistent with the terms outlined in this staff report.
On May 10, 2023, the Lancaster Housing Authority (“Authority”) entered into a Disposition and Development Agreement (“DDA”) with Ravello Holdings, Inc. for “Maison’s Sierra,” a 499-unit affordable housing development on a 66-acre Authority property located on the southwest corner of Avenue H and Sierra Highway. The Authority approved a First Amendment to the DDA on April 18, 2024.
Staff Report
City of Lancaster Commitment Letter 10-1-24 4865-3985-2256 v.3 (002)
COUNCIL ACTIONS
CONSENT CALENDAR
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 Authority Regular Meeting Minutes of September 10, 2024.
CC 2
CC 3.
Check Registers – August 25, 2024, through September 21, 2024 Recommendation(s):
Approve the Check and Wire Registers for payments made August 25, 2024, through September 21, 2024, in the amount of $11,356,998.51 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 and paid by the City for the purchase of materials, supplies, services, and capital projects during the prior three to four weeks. This process provides the City Council with the opportunity to review the City’s expenditures.
Staff Report
100824 CHECK REGISTER
100824 ACH CHECK REGISTER
CC 4.
Release of Covenant and Termination of Agreement to Hold Property as One Parcel Recommendation(s):
Approve the Release of Covenant and Termination of Agreement to hold Property as one Parcel (“Release and Termination”) for parcels 1 through 4, inclusive of Parcel Map No. 18060, recorded in book 193, pages 18-22; make findings that the Release and Termination will not violate any of the provisions of the Subdivision Map Act and will not intrude upon the ordinance amending Title 16.24 - Article XI of the Municipal Code relating to Covenant of Easement, as adopted in Resolution No. 17-31; instruct the City Manager to execute the Release and Termination, and the City Clerk to attest the same.
In 1988, the City of Lancaster approved the recording of the Covenant and Agreement to hold parcels 1 through 4 of Parcel Map No. 18060 as one parcel, per Instrument No. 88-2075327, recorded on December 29, 1988. Said parcels are located west of 13 th
Street West and south of Commerce Center Drive.
Staff Report
1_Release_Covenant_&_Termination_Agreement
2-Map of Record
3-Instrument_No. 882075327
4-Instrument_No. 20200698135
Levine Act Disclosure_PM 18060
CC 5.
Acceptance of Design-Build Services – Public Works Construction Project No. 24-013, Public Safety Building Renovation Recommendation(s):
Accept the work designed and constructed by Bowe Contractors, Inc., for Public Works Construction Project No. 24-013, Public Safety Building Renovation, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).
The Public Safety Building Renovation project renovated the ground floor of the existing building located at 44811 Sierra Highway, Lancaster, California 93534, to accommodate Public Safety operations of the Lancaster Police Department. The building includes a ground floor (22,400 sq. ft.) and mezzanine (6,040 sq. ft.) for a total area of 29,440 square feet.
Staff Report
Notice of Completion
Vicinity Map
Levine Act Disclosure
CC 6.
Acceptance of Rawley Duntley Playground Improvement Project Recommendation(s):
Accept the work constructed by Playcore Wisconsin, Inc DBA GameTime c/o Great Western, for the Rawley Duntley Park Playground Improvements Project and direct the City Clerk to file the Notice of Completion for the project.
The project included improving the Rawley Duntley Park playground, including new playground equipment and new pour-in-place surfacing.
Staff Report
Notice of Completion - Rawley Duntley Playground
Exhibit A - VICINITY MAP-Rawley Duntley Playground
California Levine Act Statement
CC 7.
Approve Amendment No. 1 to the Program Management Agreement for Lancaster Energy Solar and Battery Storage Program Recommendation(s):
Approve Amendment No. 1 (Amendment) to the Program Management Agreement (Agreement) between the City of Lancaster (City) and authorize the City Manager or his designees to execute all documents and make any non-substantive changes necessary.
The Program Management Agreement provides for services to generally be provided by the City. These services include marketing and outreach to customers in the Lancaster Energy service territory to promote the program and encourage program participation. The Amendment modified the existing scope of services to add services to be performed by Participate Energy that strengthen and augment the marketing and outreach services provided by City staff. These additional services will be performed under the guidance and direction of City staff.
Staff Report
LE and PE Program Management Agreement Amendment No. 1
CC 8.
Acceptance of AVAMD for Purchase of Four (4) Hydrogen-Powered Utility Terrain Vehicles Recommendation(s):
Approve a Professional Services Agreement with AVIDUTV of Lancaster, California, in the amount of $345, 825.00. Authorize the City Manager or his designee, to sign all documents.
As our city continues to champion environmental responsibility and innovation, incorporating hydrogen-powered UTVs into our law enforcement fleet aligns with our commitment to sustainable practices while enhancing operational efficiency.
Staff Report
UTV
City of Lancaster 2141
Levine Act
CC 9.
Third Amendment to the Agreement with PowerFlex Systems, Inc., for the City Hall Resiliency Project Recommendation(s):
1. Approve the Third Amendment to the Agreement with PowerFlex Systems, Inc., (PowerFlex) for the City Hall Resiliency Project.
2. Authorize the City Manager, or his designee, to sign all agreements with PowerFlex and Southern California Edison related to the project.
The purpose for this amendment is to account for adjusted system design based on findings from As-Built electrical system at City Hall. Removing the utility upgrade support work from scope, avoiding additional direct costs from SCE to the City. Reflect adjustments to final site equipment layout, controls in heating, ventilation, and air conditioning (HVAC), area from detailed design phase. Account for Fire Code changes requiring additional block wall around BESS.
Staff Report
091024_Draft Third Amendment Clean_JF
EPC Agreement City_of_Lancaster (2021 11 10)
CC 10.
First Amendment to Loan Agreement with Friends of the Antelope Valley Fair, Inc.
Recommendation(s):
1. Authorize the City Manager or his designee to negotiate, finalize, and execute the First Amendment to the Loan Agreement with Friends of the Antelope Valley Fair, Inc.
2. Authorize the City Manager or his designee to execute all related documents.
As the AV Fair & Event Center was hard-hit financially by COVID-19 event restrictions, the City’s loan came at a crucial time to enable completion of the facility. The proposed amendment would simply extend the deadline for repayment of the loan to December 31, 2026, with no other changes to the agreement. This adjustment will aid the Friends of the Antelope Valley Fair in continuing to create events and facilities for the Antelope Valley community to enjoy.
Staff Report
AV Fair Loan Agreement_July 2021_executed
First Amendment to Loan Agreement and Promissory Note 4877-1303-1403_1 CC 11.
Acceptance of Public Works Construction Project No. 23-027 - Public Safety Building Improvements Phase 1 Recommendation(s):
1. Approve Change Order No. 5 and increase the total amount of the contract with Toneman Development Corporation for Public Works Construction Project No. 23-027, Public Safety Building Improvements Phase 1, by $54,259.18 for a total revised contract amount of $502,055.86 plus a 20% contingency.
2. Accept the work constructed by Toneman Development Corporation, for Public Works Construction Project No 23-027, Public Safety Building Improvements Phase I, and direct the City Clerk to file the Notice of Completion for the project. Retention of this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).
Staff Report
Notice of Completion
Vicinity Map_PWCP 23-027
PUBLIC HEARING
PH 1.
TEFRA Hearing/Approval of Multifamily Housing Revenue Bonds for Terracina at Lancaster Apartments Recommendation(s):
Adopt Resolution No. ________ pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of housing revenue bonds (the “Housing Revenue Bonds”) by the California Municipal Finance Authority (“CMFA”) in an aggregate principal amount not to exceed $55,000,000
to assist in the financing of the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1743 E. Avenue J4 in the City of Lancaster, California (the “Project”).
Lancaster 690, L.P., a California limited partnership (the “Borrower”) a partnership of which USA Properties Fund, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the CMFA adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in an aggregate principal amount not to exceed $55,000,000 (the “Bonds”), to finance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1752 E. Avenue J4, Lancaster, California.
Staff Report
TEFRA Reso Terracina
NEW BUSINESS
NB 1.
Ordinance Repealing Chapter 2.39 of the Lancaster Municipal Code Regarding Social Equity Commission Recommendation:
Introduce
Ordinance No. ___
repealing Chapter 2.39 of the Lancaster Municipal Code regarding Social Equity Commission.
The Antelope Valley, and primarily the cities of Palmdale and Lancaster, share many common goals, interests and quality of life issues. Having two separate municipal commissions (the Social Equity Commission in Lancaster and the Human Rights Advisory Committee in Palmdale), each with similar goals and objectives, dilutes the efficacy and benefits that would be enhanced by a joining of these community-oriented groups. After consultation between the two cities, it was concluded that a single, reorganized body would better serve the entire region. Accordingly, this is the first step toward the administrative creation of a coordinated regional committee to promote and celebrate the diverse communities in the Antelope Valley by cultivating awareness, increasing diversity, encouraging sensitivity, promoting equity, and improving relations with various segments of the community .
Staff Report
Ordinance Repealing Chapter 2.39 - Eliminating Social Equity Commission, 4876-1881-2900_1
COUNCIL REPORTS
CR 1.
Council Reports
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.
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 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) - four potential cases.
2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) – four 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. 9
th
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. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
6. Romines v. City of Lancaster, et al,, LASC Case No. 20AVCV00345
7. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205
8. Lancaster v. Netflix, et al., LASC 21STCV01881
9. Castro v. Lancaster
10. Montenegro v. Green, LASC Case No. 22AVCV01050
11. Perez v. Lancaster, LASC Case No. 23AVCV00577
12. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579
ADJOURNMENT
Next Regular Meeting:
October 22, 2024 at 1:30 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.
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.