Tuesday, October 22, 2024
Regular Meeting –
1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on
October 18 , 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
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 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
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
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 2 ~
COUNCIL ACTIONS
ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
Rashall Hightower, Living Word Worship Center
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Antelope Valley Walls Presentation
Presenter: Victoria Reyna, Assistant Director-Parks, Arts, Recreation & Community Services
2. Valley Oasis Updates
Presenter: Sarah Perry, Valley Oasis
3. Team Up Lancaster
Presenter: Marissa Diaz-Director of Public Works
HOUSING AUTHORITY - CONSENT CALENDAR
HA CC 1.
Subordination
Agreement,
allowing
Urban
Renual,
L.P.
to
Proceed
with
a
Refinance
of
the
Senior Loan for Arbor Gardens Senior Apartments
Recommendation(s):
1. Adopt
Resolution
No.
24 -
authorizing
the
Executive
Director,
or
his
designee,
to
finalize
terms,
modify,
and
execute
a
subordination
agreement
in
a
form
approved
by
the
City
Attorney
with
respect
to
a
$3,300,000.00
Lancaster
Housing
Authority
Loan,
a
$475,000.00
Lancaster
Housing
Authority
(“Authority”)
loan,
and
a
new
loan
of
$5,900,000.00
from
PNC
Bank,
National
Association,
allowing
Urban
Renual,
L.P.
to
proceed with mortgage refinance of the senior loan for Arbor Gardens Senior Apartments.
2. Authorize the Executive Director, or his designee, to execute all related documents. PNC
Bank,
National
Association
is
making
a
loan
to
Urban
Renual
L.P.
in
the
original
principal
amount
of
$5,900,000.000
(Senior
Loan),
upon
the
terms
and
conditions
of
a
Multifamily
Loan
and
Security
Agreement
dated
as
of
October
31,
2024.
The
Senior
Loan
is
secured
by
a
Multifamily
Deed
of
Trust,
Assignment
of
Rents,
Security
Agreement
and
Fixture Filing.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 3 ~
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/Housing/Power
Authority
Regular
Meeting Minutes of October 08, 2024.
CC 3.
Check Registers – September 22, 2024, through October 5, 2024.
Recommendation(s):
Approve
the
Check
and
Wire
Registers
for
payments
made
September
22,
2024,
through
October 5, 2024, in the amount of $10,176,958.32 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.
CC 4.
Fleet Program Single Vendor Expenditure Authority Increase and Appropriation
Recommendation(s):
1. Increase
the
City
Manager’s,
or
his
designee,
single-vendor
expenditure
authority
to
the
budgeted
amount
for
the
fleet
fund
capital
asset
purchase
and
lease
accounts
through
the
end
of
FY
2024-2025,
and
require
the
City
Manager
to
report
purchases
in
excess
of
the
purchasing authority to the City Council in writing; and
2. Appropriate $240,000.00 into account 111-44097-82000; and
3. Authorize the City Manager, or his designee, to execute and sign all documents.
To
address
this,
the
Maintenance
Services
Division
is
proposing
an
increase
in
the
City
Manager’s
expenditure
authority
for
single-vendor
vehicle
and
equipment
purchases.
This
increase
would
align
with
the
approved
capital
asset
budget
for
fleet
funds,
and
allow
staff
to
act
quickly
when
working
with
vendors,
securing
the
best
possible
deals.
The
proposed
adjustment
would
streamline
the
vehicle
procurement
process,
while
maintaining
compliance
with the City’s purchasing policies.
CC 5.
Award
of
Bid
and
Task
Order
for
Multi-Year
Professional
Services
(Service
Group
Category
16 -
Labor
Compliance)
-
PWCP
23-029
-
Avenue
L
and
5th
Street
East
Drainage
Improvements
Recommendation(s):
1. Award
Public
Works
Construction
Project
(PWCP)
23-029,
Avenue
L
and
5th
Street
East
Drainage
Improvements,
to
R.C.
Becker
and
Son,
Inc.
of
Santa
Clarita,
California,
in
the
amount
of
$948,554.01,
(plus
a
10%
contingency),
to
construct
drainage
improvements
at
the
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 4 ~
southeast
corner
of
Avenue
L
and
5 Street
East.
This
contract
was
awarded
per
California
Public
Contract
Code
Section
22038(b).
Authorize
the
City
Manager,
or
his
designee,
to
sign
all documents.
2. Find
the
City
has
complied
with
the
California
Environmental
Quality
Act.
A
Notice
of
Exemption was filed on June 19, 2007.
3. Authorize
Task
Order
expenditure
amount
of
$9,485.00,
(plus
a
5%
contingency),
for
labor
compliance
services
award
to
the
successful
firm
in
Multi-Year
Professional
Services
Agreement, Service Group Category (SGC) 16 - Labor Compliance.
The
proposed
project
is
funded
by
the
local
fund,
Drainage
Developer
Fees.
This
project
will
include
constructions
of
Master
Plan
of
Drainage
inlet,
storm
drainpipe,
water
systems
and
ancillary street improvements at the southeast comer of Avenue L
and 5
Street East
.
CC 6.
Authorize Deed Restriction for Skytower Park
Recommendation(s):
A.
Authorize the execution of a deed restriction for Skytower Park.
B.
Authorize
the
City
Manager,
or
his
designee,
to
execute
and
submit
all
documents
related
to the Deed Restriction.
On
July
1,
2020,
the
City
of
Lancaster
was
approved
for
funding
through
the
California
Office
of
Grants
and
Local
Services
(OGALS)
Prop
68 Per
Capita
Grant
Program
,
to
enhance
outdoor
fitness
amenities
at
Skytower
Park,
located
at
43434
Vineyard
Dr,
Lancaster,
CA
93535.
This
funding
enabled
the
construction
of
a
new
outdoor
exercise
station,
featuring
state-of-the-art
equipment
adjacent
to
the
basketball
court.
As
a
condition
of
the
grant,
the
City
must
file
a
deed
restriction
to
ensure
the
property
remains
dedicated
to
public
recreation
and fitness
CC 7.
Approval
of
the
Carryover
Water
Transfer
Agreement
between
the
City
of
Lancaster
and
the
50th District Agricultural Association
Recommendation(s):
1. Approve
the
Carryover
Water
Transfer
Agreement
between
the
City
of
Lancaster
and
the
50 District
Agricultural
Association
(50
District)
to
transfer
192-acre
feet
(AF)
of
carryover
water
that
the
50th
District
has
banked
since
the
Water
Adjudication
Judgement
was finalized.
2. Approve
an
additional
transfer
of
32 AF
of
carryover
water
per
year
from
the
50 District
to the City. This includes a total of 160 AF of carryover water over a five-year period.
3. Approve
the
Transfer
Request
Form,
which
will
be
submitted
jointly
by
the
City
of
Lancaster
and
50 District
to
the
Antelope
Valley
Water
Master
(Water
Master)
for
approval
of
the
transaction.
Approve
any
future
transfer
request
forms
submitted
by
the
City
and
50 District to complete this carryover water transfer agreement.
4. Authorize
the
City
Manager,
or
his
designees,
to
execute
all
documents
and
make
any
non-
substantive changes necessary to complete the transaction. th
th
th
th
th
th
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 5 ~
As
a
participant
in
the
Antelope
Valley
Ground
Water
Adjudication,
the
50th
District
received
32 AF
of
permanent
ground
water
rights,
which
they
are
currently
not
utilizing
for
their
site
and
have
no
plans
to
utilize
in
the
future.
This
water
has
been
carried
over
as
allowed
by
the
Water
Adjudication
Judgment.
The
Adjudication
ruling
allows
the
50 District
to
transfer
carryover water rights to another State or local agency of their choosing.
CC 8.
Ordinance
Repealing
Chapter
2.39 of
the
Lancaster
Municipal
Code
Regarding
Social
Equity
Commission
Recommendation(s):
Adopt
Ordinance
No.
1120
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.
CC 9.
Monthly Reports of Investments – August & September 2024
Recommendation(s):
Accept
and
approve
the
August
and
September
2024
Monthly
Report
of
Investments
as
submitted.
Each
month,
the
Finance
Department
prepares
a
report
listing
the
investments
for
all
separate
entities
under
the
jurisdiction
of
the
City
as
identified
in
the
City’s
Comprehensive
Annual
Financial Report.
CC 10.
Award
of
Bid
for
PWCP
21-023
PH2
Landscape
Restoration
Program
and
Task
Order
for
Multi-Year Professional Services (Service Group Category 16 – Labor Compliance)
Recommendation(s):
1. Award
Public
Works
Construction
Project
(PWCP)
21-023
PH2,
Landscape
Restoration
Program,
to
Marina
Landscape,
Inc,
of
Orange,
California,
in
the
amount
of
$4,251,985.00
(plus
a
20%
contingency),
to
replace
landscaping
and
irrigation
systems
along
the
Sierra
Highway
Bike
Path
from
Avenue
J
to
Avenue
M
and
authorize
the
City
Manager,
or
his
designee,
to
sign
all
documents.
This
contract
is
recommended
for
award
in
accordance
with
California Public Contract Code Section 22038(b).
2. Find
the
City
has
complied
with
the
California
Environmental
Quality
Act.
A
Notice
of
Exemption was filed on October 17, 2024.
3. Authorize
Task
Order
expenditure
amount
of
$42,519.85,
(plus
a
5%
contingency),
for
labor
compliance
services
award
to
the
successful
firm
in
Multi-Year
Professional
Services
Agreement, Service Group Category (SGC) 16 - Labor Compliance.
The
proposed
project
is
funded
by
Proposition
A
and
the
General
Fund,
and
will
replace
landscaping
and
irrigation
systems
along
the
Sierra
Highway
Bike
Path
from
Avenue
J
to
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 6 ~
PUBLIC HEARING
NEW BUSINESS
Avenue M. This project is Phase 2 in the Landscape Restoration Program.
PH 1.
Mitigation Fee Act (AB 1600) Report for Fiscal Year 2024.
Recommendation(s):
Staff
recommends
the
City
Council
receive
and
file
the
Mitigation
Fee
Act
(AB1600)
Report
on Development Impact Fees for the fiscal year ending June 30, 2024.
The
AB
1600
report
consists
of
a
brief
description
of
the
fee
type
in
the
account
or
fund,
the
amount
of
the
fee,
the
beginning
and
ending
balance
of
the
account
or
fund,
the
amount
of
fees
collected
and
the
interest
earned,
if
any.
If
there
are
funds
in
the
account
then
there
is
also
a
requirement
to
make
a
finding
that
there
is
a
reasonable
relationship
between
current
needs for and the purposes for which they were originally collected.
NB 1.
Ordinance
Adding
Chapter
8.34 to
the
Lancaster
Municipal
Code
Relating
to
the
Sale
of
Energy Drinks to Persons Under the Age of 18
Recommendation(s):
Introduce
Ordinance
No.
______
adding
Chapter
8.34 to
the
Lancaster
Municipal
Code
relating to the sale of energy drinks to persons under 18 years of age.
In
order
to
protect
the
public
health,
safety
and
welfare
of
persons
under
the
age
of
eighteen
(18)
years
of
age,
the
City
Council
of
the
City
of
Lancaster
has
determined
it
is
necessary
to
prohibit
the
sale
,
distribution,
giving
away
or
offering
of
energy
drinks
to
persons
under
the
age
of
eighteen
(18)
years
old.
Research
has
shown
that
the
consumption
of
energy
drinks
by
persons under the age of eighteen years old have several negative effects.
NB 2.
Lancaster Eats Support Program Overview and Implementation
Recommendation(s):
1. Authorize
the
City
Manager
or
his
designee
to
finalize
and
execute
loan
agreements
for
amounts
up
to
$25,000,
along
with
associated
operating
covenants,
between
the
City
of
Lancaster and Lancaster Eats Support Program participants.
2. Authorize the City Manager or his designee to execute all related documents.
The
Lancaster
Eats
Support
Program
(LESP)
was
established
to
stimulate
the
local
economy
by
attracting
and
supporting
small,
independent
restaurants,
wineries,
craft
breweries,
eateries,
and
distilleries.
This
initiative
aims
to
fill
vacant
commercial
spaces
with
sustainable
and
dynamic
businesses,
thus
enhancing
the
vibrancy
and
diversity
of
Lancaster's
community.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 7 ~
COUNCIL AGENDA
COUNCIL REPORTS
CA 1.
Discussion
and
consideration
of
nomination
and
appointment
of
new
Planning
Commission
Member.
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
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
~ 8 ~
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
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. 20 AVCV00345
7. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
8. Lancaster v. Netflix, et al., LASC 21STCV01881
9. Castro v. Lancaster
10. Montenegro v. Green, LASC Case No. 22 AVCV01050
11. Perez v. Lancaster, LASC Case No. 23 AVCV00577
12. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579
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CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
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ADJOURNMENT
Next Regular Meeting:
November 12, 2024 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.
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 AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 10/22/2024
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