Meeting
Tuesday, November 12, 2024
Regular Meeting –
5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on
November 08, 2024
at the entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534
LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority 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/Power Authority
ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
Pastor Caleb Schroeder
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. STEM Expo
Presenter: Mary Swafford, Chair-AVUSD
2. LASD Explorer Recognition
Presenters: Captain Bartlett & Deputy Reserve Thom
3. Youth Development Update
Presenter: Nigel Holly
4. Proclamation & Presentation on Parks Make Life Better Month Presenter: Sonya Patterson
5. Student Recognition
Presenters: Mayor R. Rex Parris & Trolis Niebla, City Manager
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/Housing/Power Authority Regular Meeting Minutes of October 22, 2024.
CC 2
CC 3.
Task Order for Multi-Year Professional Services (Service Group Category 1 – Roadway and Structures Engineering) Design Services for Lancaster Health District Phase 2 (formerly Medical Main Street) (Reference: PWCP 24-028) Recommendation(s):
1. Approve Task Order 6 with Kimley-Horn and Associates, Inc., (KHA) of Los Angeles, California, in accordance with the Multi-Year Professional Services Agreement for Lancaster Health District Phase 2 (formerly Medical Main Street) Design Services in the amount of $272,912.00, plus a 10% contingency; and 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 8, 2021.
The City of Lancaster is looking to complete Phase 2 of the Lancaster Health District (LHD) Infrastructure Improvements Project (Project). This phase of the Project will construct approximately 0.6 miles of new complete streets to alleviate the current burden on the existing arterial network, while providing necessary access to existing and proposed medical facilities.
Staff Report
Task Order 6_PWCP 24-028
Vicinity Map_PWCP 24-028
Levine Act Disclosure_PWCP 24-028
CC 4.
AMENDED AND RESTATED LANCASTER MUNICIPAL STADIUM OPERATING AGREEMENT Recommendation(s):
A.
Approved the Amended and Restated Lancaster Municipal Stadium Operating Agreement.
B.
Authorize the City Manager or his designee to execute the Amended and Restated Operating Agreement.
City Council approved prior agreements for the operation of the Lancaster Municipal Stadium with Antelope Valley Soccer, Inc. (Club) on August 23, 2023 (Original Agreement) and May 7, 2024 (Amendment No. 1). Through these agreements the club and the City of Lancaster (City) are collaborating to bring professional soccer to the Antelope Valley with games to be played in the renovated Lancaster Municipal Stadium.
Staff Report
Amended and Restated Stadium Operating Agreement 4872-3019-3384_1_AV ALTA Comments_AB CC 5.
Lancaster Energy – 2023 Power Content Label and Attestation Recommendation(s):
Provide the attestation specified under California’s Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission, for the previous year. In the case of Lancaster Energy (LE), such attestations will be based on the California Choice Energy Authority’s (CalChoice) technical review and will address the 2023 Annual Reports and Power Content Labels (PCL) prepared for the LE community choice aggregation (CCA) program.
To fulfill its attestation requirements for 2023, Council is being asked to provide an attestation covering both the PCL and associated Annual Reports, as specified in the excerpt above – both elements of the PSD Program reflect information that was consistently and accurately presented for the LE CCA Program. Consistent with applicable regulations, the PCL will be transmitted to all customers currently enrolled in the LE program via electronic communication or U.S. mail.
Staff Report
LE 2023 Power Content Label
LE Clear Choice 2023 PSD Annual Report
LE Smart Choice 2023 PSD Annual Report
CC 6.
Accept California Highway Patrol FY 24/25 CTFGP Education Grant Recommendation(s):
1. Accept California Highway Patrol CTFGP Education Grant in the amount of $312,810.00 to revenue account 23030000.4998
2. Appropriate $312,810.00 to expenditure account 23030000.5656, for the implementation of programs funded by the CHP CTFGP Education Grant and purchase of supplies, services, and equipment.
3. Authorize the City Manager or his designee to execute all contracts, amendments, and associated documents, including memoranda of agreement, and other agreements necessary or appropriate to implement and expend up to $312,810.00 in accordance with the Funding Agreement Between California Highway Patrol and the City of Lancaster, subject to City Attorney approval.
All efforts will aim to reduce impaired driving incidents, via community engagement, digital marketing, collaborative partnerships, and informal presentations.
Staff Report
Certified Copy - CHP Grant Resolution No. 24-28
FY24-25 CTFGP Exc Grant Agreement 07.01.24 to 06.30.25
CC 7.
WARRANT AGREEMENT
Recommendation(s):
A.
Accept the Warrant Agreement between the City of Lancaster and Antelope Valley Soccer, LLC.
B.
Authorize the City Manager or his designee to execute the Agreement.
On May 7, 2024, City Council approved a Restricted Stock Donation Agreement, by which AVS would issue six hundred and fifty thousand (650,000) shares of common stock to the City. AVS is requesting to replace the Restricted Stock Donation Agreement with the Warrant Agreement. Through the Warrant Agreement, AVS will issue the City six hundred and fifty thousand (650,000) of the Company’s Membership Units at zero value per share.
Staff Report
Cashless Warrant - City of Lancaster (AVS 052624) - FINAL - SP Edits (002) - City Attorney Edits (1) Levine_Act_Disclosure_Signed (1)
CC 8.
Authorize Deed Restriction for Rawley Duntley Park
Recommendation(s):
A.
Authorize the execution of a deed restriction for Rawley Duntley Park.
B.
Authorize the City Manager, or his designee, to execute and submit all documents related to the Deed Restriction.
As a condition of the grant, the City must file a deed restriction to prevent the sale or transfer of the property during the contract performance period and safeguard its use for the intended purpose, thus benefiting the community.
Staff Report
01. Grant 10102-Rawley-Deed Restriction Original_AB
Exhibit A (1)
Exhibit B
CC 9.
Application for U.S. Department of Housing & Urban Development (HUD), Community Planning & Development Department (CPD), Older Adults Home Modification Program (OAHMP) Funds.
Recommendation(s):
1. Adopt
Resolution No.
_____
authorizing the submittal of an application to HUD’s Community Planning & Development Department for funding under the OAHMP program and authorizing the City Manager or his designee to execute all documents deemed necessary or appropriate to participate in the OAHMP program.
2. If funded, accept the OAHMP grant award funds and appropriate said funds into an OAHMP Fund account number, to be created by Finance.
3. Authorize the City Manager or his designee to expend any awarded funds (up to $2,000,000.00), in accordance with the OAHMP program. The OAHMP program caps individual grant amounts at a $5,000.00 maximum.
The U.S. Housing & Urban Development Department Office of Lead Hazard Control and Healthy Homes has released a Notice of Funding (NOFO) for a new grant program targeted at minor home modifications for older adults. The program seeks to enable low-income elderly persons to remain in their homes through home modifications to reduce older adults’ risk of falling, improve general safety, increase accessibility, and to improve their functional abilities in their homes.
Staff Report
RESOLUTION NO. 24-XX
CC 10.
Stand Strong Business Recovery Loan Forgiveness.
Recommendation(s):
1. Approve the forgiveness of all Stand Strong Business Recovery loans awarded to businesses deemed “essential” by the State of California and/or the Los Angeles County Department of Public Health during the COVID-19 state of emergency.
2. Authorize the City Manager or his designee to execute all related documents.
The proposed loan forgiveness would provide a significant financial boon for small, local businesses affected by the pandemic-related closures, thus helping to ensure their ongoing operation and protecting our community against further job losses.
Staff Report
CC 11.
Change Order No. 11 for PWCP 24-014, Lancaster Municipal Stadium Renovation Recommendation(s):
1. Recognize revenue in the amount of $32,557.50 to General Account No. 101.40000.4514, and appropriate an expenditure in the same amount to account CP11BS046.CONST GL Code 10149900.8000.
2. Approve Change Order No. 11 and increase the total amount of the contract with Bowe Contractors, Inc., of Tehachapi, California, PWCP 24-014 Lancaster Municipal Stadium Renovation, by $2,037,742.74, for a total revised contract amount of $16,158,773.74.
During construction, the Contractor encountered changed conditions. They discovered an existing utility duct bank encased in concrete, containing 26 separate conduit runs in conflict with the proposed renovation improvements. Contract Change Order No. 11 in the amount of $2,037,742.74 is in addition to the 20% contingency Council approved on August 13, 2024.
Staff Report
PWCP_24-014 Change_Order_11
PWCP_24-014 Levine_Act_Disclosure
CC 12.
Amendment to Conflict of Interest Code List of Designated Employment Classifications Recommendation(s):
Adopt Resolution No.______, rescind Resolution No. 20-53 in its entirety and establishing the List of Designated Employment Classifications and the Disclosure Categories of the Conflict of Interest Code as provided in Section 2.40.030, Title 2, of the Lancaster Municipal Code.
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. In reviewing the Code, it was determined that the List of Designated Employee Classifications should be amended.
Staff Report
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER SEI CC 13.
Animal Care and Control Services Agreement
Recommendation(s):
1. Approve Agreement with Los Angeles County Department of Animal Care and Control to provide general animal services for a term of five years; and,
2. Authorize the City Manager, or his designee, to pay invoices and to execute all contracts and associated documents.
For over 35 years, the City has contracted with the Los Angeles County Department of Animal Care and Control (DACC) to provide all animal care and shelter services for Lancaster residents. Under the proposed renewal agreement, Los Angeles Department of Animal Care and Control would continue to provide general animal control services within the city limits of the City of Lancaster.
Staff Report
Municipal Services Agreement (2024-29) - Lancaster
Attachment A - Description of Services (2024-29) FINAL
Attach B - SLR FY2024-25 North County
Attach C - FY2024-25 Billing Rates
CC 14.
Tax Sharing Resolution for Proposed Annexation No. 14-457 into Los Angeles County Sanitation District No. 14 Recommendation(s):
1. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-457 into Los Angeles County Sanitation District No. 14.
2. Direct the City Clerk to route three copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.
The property owners have requested, in writing, annexation of property (Annexation No. 14-457) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage.
Staff Report
TSR - City of Lancaster Annexation No (1)
CC 15.
Tax Sharing Resolution for Proposed Annexation No. 14-458 into Los Angeles County Sanitation District No. 14 Recommendation(s):
a. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-458 into Los Angeles County Sanitation District No. 14 b. Direct the City Clerk to route three copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.
The property owners have requested, in writing, annexation of property (Annexation No. 14-458) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage.
Staff Report
TSR - City of Lancaster Annexation No (2)
CC 16.
Award of Funds for Community Food Program.
Recommendation(s):
1. Award funds under the FY 2024-25 Community Food Program to the organizations and in the amounts outlined in this staff report.
2. Authorize the City Manager, or his designee, to finalize and execute any related documents in a form approved by the City Attorney.
The Lancaster City Council set aside $100,000.00 in the fiscal year 2024-25 budget to support the efforts of local nonprofit organizations to help fill this need in our community. Accordingly, the City released a Notice of Funding Availability (NOFA) inviting community organizations to apply for funding under the Community Food Program.
Staff Report
MOA for Community Food Program_Template_FINAL
CC 17.
Professional Services Agreement - Frydman Counsel
Recommendation(s):
1. It is recommended that the City Council approve the Professional Services Agreement with Frydman Counsel in an amount not to exceed $474,000.00, and authorize the City Manager, or his designee, to sign all documents; and
2. Approve an appropriation of $474,000.00 from General Fund Balance to 10110000.5710
3. Authorize the City Manager, or his designee, to execute any additional amendments to the Agreement deemed necessary to complete the project in a form approved by the City Attorney; and
4. Find that this item is not a project pursuant to the California Environmental Quality Act (CEQA).
Since July 2024, Frydman Counsel and the City of Lancaster have collaborated to empower City executive staff with the knowledge, skills, and resilience in order to lead the City effectively.
In addition to their ongoing efforts, Frydman Counsel has been instrumental in providing strategic implementation for the City of Lancaster employees through in person, one on one coaching sessions, as well as delivering a strategic plan.
Staff Report
Frydman Counsel Professional Services Agreement-FY2025
Memo- Sole Source, Frydman Counsel
CC 18.
Resolution Amending Employee Classification and Compensation Schedule and Increasing the Full Time Equivalent (FTE) Headcount Recommendation(s):
Adopt Resolution No. 24-XX, amending Resolution 24-57, establishing a compensation schedule for various classifications of employees of the City of Lancaster and establishing the following changes:
• Moved the following 3100 series classification to 2100 series:
• Assistant Chief of Police
• Removal of the following classification to 2100 series:
• Director of Public Safety
• Addition of the following classification to 2200 series:
• CEO of Lancaster Energy
• City Manager
• Redefined 2200 Series employee group benefits
• Addition of the following classification to 5000 series:
• Dispatcher
• Redefined the 5100 Series employee group benefits
• Reclass and appropriate funds for existing open position • Technician I to Supervisor for Parking Enforcement in Community Development • Addition of one (1) FTE positions and appropriate funds to the City of Lancaster raising the total city FTE count to 315 • Assistant Director – Public Information, Communications, and Marketing As the City of Lancaster continues to advance its Hydrogen Energy initiative, expand the Lancaster Police Department, and strengthen its focus on public safety, community outreach, public awareness, and civic engagement, there is an increasing need to fill key leadership roles.
Staff Report
Resolution 24-XX Salary Schedule - 11.12.24
CC 19.
Monthly Reports of Investments – October 2024.
Recommendation(s):
Accept and approve the October 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.
Staff Report
2. October 2024 Attachment A
CC 20.
Check Registers – October 6, 2024, through October 19, 2024 Recommendation(s):
Approve the Check and Wire Registers for payments made October 6, 2024, through October 19, 2024, in the amount of $7,688,055.68 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. Claims have been paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.
Staff Report
111224 WIRE CK REGISTER
111224 CK REGISTER
COUNCIL AGENDA
CA1.
Discussion and consideration of nomination and appointment of new Planning Commission Member.
COUNCIL REPORTS
CR1.
Council Reports
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.
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:
December 10, 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.