Lancaster — 2023-02-14

1.\nRecognition of Justice Sunday Volunteers\nPresenters: Mayor R. Rex Parris & Jason Caudle, City Manager

10. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205

11. Davis v. State of California, LASC Case No. 19AVCV00805

12. Lancaster v. Netflix, et al., LASC 21STCV01881

13. Butts v. Lancaster, LASC 21STCP00389

14. Lancaster v. Rives

15. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-\n00290-\nJGB(SHKx)

16. Ortiz v. Lancaster, LASC Case No. 21AVCV00001

17. Aijala v. Lancaster, LASC Case No. 21STCV07841

18. Gardner v. Dominoids, LASC Case No. 21AVCV00186

19. Evans v. Lancaster, LASC Case No. 21AVCV00145

2.\nPresentation by JCReppin’ LLC\nPresenter: Brandon Coleman\nCOUNCIL ACTIONS\nCONSENT CALENDAR

20. Bojorquez v. Lancaster, LASC Case No. 20AVCV00894

21. Arkey v. Lancaster, LASC Case No.20AVCV00816

22. Perez v. Lancaster, LASC Case No. 20AVCV00589

23. Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562

24. Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863

25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 3123-009-029\nAgency negotiators: Allison Burns, Mike Livingston\nNegotiating parties: Roger W. Pannier, Trustee of the Roger W. Pannier\nRevocable Trust,\nestablished April 25, 1988 as to an undivided ½ interest and Lorraine Prater,\nTrustee of the\nPrater Family Trust dated February 23, 1987, Lorraine Prater, Trustee of the\nLorraine Alice\nPrater Survivors Trust dated October 8, 1993, Brian Lee Prater, Niel Howard\nPrater and\nLloyd Bruce Prater, as their respective interest appear of record as to the\nremaining\n1/2 interest\nUnder negotiation: Price and terms of payment\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 3123-009-035\nAgency negotiators: Allison Burns, Mike Livingston\nNegotiating parties: Gholwan Mechammil and Insaf Mechammil, husband and\nwife\nas joint tenants\nUnder negotiation: Price and terms of payment\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 3125-021-002\nAgency negotiators: Allison Burns, Mike Livingston\nNegotiating parties: Ukani Enterprise Inc., a California Corporation\nUnder negotiation: Price and terms of payment

26. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: APNs 3123-001-062 and 3123-004-045\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: HD Development of Maryland Inc.,\nUnder negotiation: price and terms of payment\nProperty: APN 3123-003-099\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: Tane, LLC\nUnder negotiation: price and terms of payment\nProperty: APN 3123-003-100\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: The James Owen Fourr 2018 Revocable Trust\nUnder negotiation: price and terms of payment\nProperty: APNs 3123-004-037 and 3123-004-038\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: Palmdale Grand Plaza, LLC\nUnder negotiation: price and terms of payment\nProperty: APN 3123-004-048\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: Palmdale Grand Plaza, LLC\nUnder negotiation: price and terms of payment\nProperty: APN 3123-004-047\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: Crowne Point Equity, LLC\nUnder negotiation: price and terms of payment\nProperty: APN 3123-012-902\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: Lancaster School District\nUnder negotiation: price and terms of payment\nProperty: APNs 3123-016-004 and 3123-016-005\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: J-4 Development LLC\nUnder negotiation: price and terms of payment\nProperty: APN 3123-016-085\nAgency negotiators: Trolis Niebla and Allison Burns\nNegotiating parties: The Randall H. Kaufman 1998 Trust\nUnder negotiation: price and terms of payment

3. Adopt Resolution No. , authorizing the City Manager, or his designee, to sign a\nballot regarding City properties within the renewed Downtown Lancaster Property and\nBusiness Improvement District.

4. Authorize the City Manager, or his designee, to execute all related documents.

5. Find that this item is not a project pursuant to the California Environmental Quality\nAct.\nThe renewed DLPBID would generate approximately $334,978.46 in assessment\nrevenue on an annual basis. This revenue is separate and apart from typical\nexpenditures by the City and other agencies in support of the downtown, which would\noccur with or without the DLPBID (i.e. street and sidewalk maintenance). The\nassessment funds will be supplemented by non-assessment funds. The total budget for\nthe initial year is estimated at $484,978.46.

6. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No.\n2OSTCV02556

7. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297

8. Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318

9. Romines v. City of Lancaster, et al,, LASC Case No. 20AVCV00345

CC 1.\nWaive further reading of any proposed ordinance. (This permits reading the title only in\nlieu of reciting the entire text.)

CC 10.\nApproval of the First Amendment to the License Agreement with SiFi Networks\nLancaster LLC\nRecommendation(s):\n1. Approve the First Amendment to the License Agreement, granting SiFi Networks\nLancaster, LLC (SiFi) an additional two hundred ten (210) days to commence\nconstruction of their Citywide Fiber Optic Cable Installation.\n2. Approve clarifying language regarding SiFi’s exclusive rights to the area occupied by\nSiFi system elements.\n3.Find that the California Environmental Quality Act does not apply to this item.\n4.Authorize the City Manager to sign all documents.\nOn March 23, 2021, the City Council approved a License Agreement with SiFi to\nsupport the development of a Citywide Fiber Optic Cable Installation. The Agreement\ngranted SiFi with twenty-four (24) months from the effective date of the Agreement to\ncommence construction. SiFi has met with City staff regularly since the Agreement was\napproved in 2021, and continued to keep staff apprised of their plans, which include the\nselection of an Internet Service Provider for the City. SiFi recently met with staff to\nrequest an extension of one hundred eighty (180) days on their timeline to begin\nconstruction. SiFi is confident that they will be ready to begin construction by\nSeptember 2023.

CC 11.\nApproval of a Second Amendment to the Professional Services Agreement with Cohen\nVentures, Inc., DBA Energy Solutions for Development of the Lancaster Community\nSolar Program\nRecommendation(s):\n1. Approve Amendment No. 2 to the Professional Services Agreement with Cohen\nVentures Inc. (Energy Solutions) for the Development of the Lancaster Community\nSolar Program.\n2. Extend the City’s engagement with Energy Solutions for a period of twelve (12)\nmonths through February 2024.\n3. Appropriate $25,000.00 from Fund Balance Account No. 101-2900-000 to\nAccount No. 101-4791-301.\n4. Find that the California Environmental Quality Act does not apply to this item.\n5. Authorize the City Manager, or his designee, to execute all related documents.\nStaff began working with Energy Solutions in February 2021 to develop a Community\nSolar Program for approval by the California Energy Commission (CEC). Energy\nSolutions was selected to support the City due to their technical expertise and success in\nsupporting the approval and development of similar community solar programs.

CC 12.\nReal Property Purchase and Sale Agreements\nRecommendation(s):\n1. Authorize the City Manager, with the concurrence of the City Attorney, to negotiate,\nfinalize and execute a purchase and sale agreement with each property owner to acquire\nthe properties identified in this staff report.\n2. Authorize the City Manager, with the concurrence of the City Attorney, to negotiate\nthe purchase price of each parcel consistent with the appraised values set forth in this\nstaff report, and the City Manager’s authority set forth in the Municipal Code.\n3. Authorize the City Manager, with the concurrence of the City Attorney, to execute a\npurchase and sale agreement, grant deed and such other documents as may be necessary\nto transfer said properties to Antelope Valley Transit Authority in exchange for full\nreimbursement of the City’s costs.\n4. Make findings that the transfer of these properties to Antelope Valley Transit\nAuthority by the City is exempt from the Surplus Land Act pursuant to Government\nCode 54221(f)(1)(D), because the City is transferring the property to another public\nagency for that public agency’s use.\n5. Find that this item is not a project pursuant to the California Environmental Quality\nAct.\nThis item was previously brought before the City Council on June 28, 2022. Since then,\nthe appraised value of each parcel listed below has changed to match the fair market\nvalue of today’s real estate market.

CC 13.\nResolutions to Reconfirm the Appropriation of Funds from the Coronavirus Aid, Relief\nand Economic Security (CARES) Act\nRecommendation(s):\n1. Adopt Resolution No. , reconfirming the City Council’s determinations related\nto Restaurant Rescue Package and the Shop More in Lancaster Holiday Program as\nvalid municipal affairs.\n2. Adopt Resolution No. , reconfirming the City Council’s determinations related\nto the Shop Local, Shop Lancaster Program, as a valid municipal affair.\n3. Find that this item is not a project pursuant to the California Environmental Quality\nAct.\nIn late 2022, City Council directed Staff to have an outside counsel review the\nexpenditure of CARES funds on the above programs. Outside counsel recommended\nthe adoption of resolutions to solidify and reconfirm the City Council’s appropriation of\nfunds for these programs as valid municipal affairs.

CC 14.\nApplication for State of California CalHome Program Funds\nRecommendation(s):\n1. Adopt Resolution No. , authorizing the submittal of an application to the\nCalifornia State Department of Housing and Community Development for funding\nunder the CalHome Program; the execution of a standard agreement if\nselected for such funding and any amendments thereto; and any related documents\nnecessary to participate in the CalHome Program.\n2. Authorize the City Manager, or his designee, to enter into a contract with Habitat\nfor Humanity, if funded, to administer and implement the CalHome programs, in a form\napproved by the City Attorney.\n3. If funded, accept the CalHome grant award funds, and appropriate said funds into\na CalHome Fund account number, to be created by Finance, for expenditure in\naccordance with the CalHome program.\n4. Find that this item is not a project pursuant to the California Environmental\nQuality Act.\nThe request to apply to HCD for funding under the CalHome Program in the amount of\n$5,000,000.00, is for the implementation of a new owner-occupied rehabilitation\nprogram. The application is in response to the 2023 CalHome Program Notice of\nFunding Availability (NOFA) issued on January 6, 2023, with an application deadline of\nFebruary 28, 2023.

CC 15.\nProfessional Services Agreement – Hydrogen Strategic Plan Advisors, Green Grid Inc.\nRecommendation(s):\n1. It is recommended that the City Council approve a Professional Services Agreement\nwith Green Grid Inc. (“GGI”) in an amount $450,000. Authorize the City Manager, or\nhis designee, to sign all documents.\n2. Find that this item is not a project pursuant to the California Environmental Quality\nAct.\nIn 2020, the City of Lancaster announced its intention to become the first renewable\nHydrogen City. Lancaster is working with several organizations to increase the\nproduction and use of renewable hydrogen and other sources of clean energy. The City\nManager’s Office is requesting to enter into a Professional Services Agreement and\ndetermine GGI as a Sole Source vendor for an overall Hydrogen Strategic Plan with\ntechnical and economic analysis to support the plan. GGI will utilize their proprietary\nand patented models and tools to conduct a thorough analysis of Lancaster’s current\nprojects and projected energy demand. This model includes equipment specific\nparameters and financial information.\nNEW BUSINESS

CC 3.\nCheck Registers – January 8, 2022, through January 21, 2022\nRecommendation(s):\nApprove the Check and Wire Registers for January 8, 2023, through January 21, 2023,\nin the amount of $8,014,883.82 as presented.\nAt each regular City Council Meeting, the City Council is presented with a check and\nACH/wire registers listing the financial claims (invoices) against the City for the\npurchase of materials, supplies, services, and capital projects issued the prior three to\nfour weeks. This process provides the City Council the opportunity to review the\nexpenditures of the City. Claims are paid via checks, Automated Clearing House (ACH)\npayments, or federal wires. The justifying backup information for each expenditure is\navailable in the Finance Department.

CC 4.\nResolution of Intention to Renew the Downtown Lancaster Property and Business\nImprovement District and Resolution authorizing “Yes” Vote on City Ballot\nRecommendation(s):\n1. Adopt Resolution No. , declaring its intention to renew the Downtown Lancaster\nProperty and Business Improvement District (DLPBID).\n2. Adoption of this Resolution will result in a public hearing on April 25, 2023, on the\nrenewal of the Downtown Lancaster Property and Business Improvement District, and\nthe levy of assessments on property owners.

CC 5.\nTask Order for Multi-Year Professional Services (Service Group Category 10 -\nDrainage, Hydrology and Hydraulic Engineering) for Channel Improvements between\n40th Street West and 42nd Street West from Avenue N to Existing Basin (Reference\nPWCP 24-007)\nRecommendation(s):\n1. Approve Task Order No. 1 with BKF Engineers, of Newport Beach, California, in\naccordance with the Multi-Year Professional Services Agreement, Service Group\nCategory (SGC) 10 - Drainage, Hydrology and Hydraulic Engineering, to provide\nDesign Services for Channel Improvements between 40th Street West and 42nd Street\nWest from Avenue N to Existing Basin in the amount of $224,323.00 plus a 10%\ncontingency; and authorize the City Manager, or his designee, to sign all documents.\n2. Find that the approval of a Task Order is not a project under California\nEnvironmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 4,\nChapter 3, Article 20).\nThis project was identified within the City’s Master Plan of Drainage as a project for\nchannel concrete lining for maintenance purposes and capacity improvements to\naccommodate new upstream flows from development. The City is proposing Master\nPlan of Drainage Channel Improvements for the Earthen Drainage Channel between\n40th Street West and 42nd Street West from Avenue N and the existing basin to the\nnorth. The project will include installation of a concrete lined channel forty-five feet in\nwidth and nine feet in height for approximately 3,600 lineal feet in length.

CC 6.\nAward of Bid – PWCP 20-005 – SR-138 (SR-14) / Avenue J Interchange Improvements\n(Phase II – Caltrans Interchange)\nRecommendation(s):\n1. Recognize revenue of $17,594,964.00 to Revenue Account 210-3320-100.\nAppropriate $16,468,968.21 in Measure R “Highway Equity” Program funds to\nAccount 210-15BR007-924.\n2. Award PWCP 20-005, SR-138 (SR-14) / Avenue J Interchange Improvements (Phase\nII – Caltrans Interchange), to Granite Construction Company of Lancaster, California, in\nthe amount of $29,633,267.00 plus a 10% contingency, to install a full freeway\ninterchange at Avenue J including new retaining walls, a northbound off-ramp and a\nsouthbound on-ramp. Authorize the City Manager, or his designee, to sign all\ndocuments. This contract is awarded to the lowest responsible bidder per California\nPublic Contract Code Section 22038 (b).\n3. Find that the City has complied with the California Environmental Quality Act. An\nInitial Study/Mitigated Negative Declaration (IS/MND) was prepared, and a Notice of\nDetermination was filed on September 19, 2018, and was posted September 19, 2019.\nIn 2018, LACMTA approved additional programing totaling $17,594,964 from the I-\n5/SR-14 HOV direct connector project to the Lancaster (SR-14) Measure R Capacity\nEnhancement Program. This action increased the overall program budget to\n$82,594,964.00. As part of the action $17,594,964.00 shall be recognized and allocated\nto the Capital Improvements Budget. On June 25, 2020, January 28, 2021, and January\n26, 2023, the LACMTA Board approved transfers of programmed funds between\nAvenue G, Avenue J, Avenue K, Avenue L, and Avenue M. The Funding Agreement\nAmendments will be executed and are expected in Spring 2023.

CC 7.\nApproval to increase the Infinity Technologies Consulting Services Purchase Order PO\n#23-01086\nRecommendation(s):\n(a) Approve an increase to Infinity Technologies Consulting Services Purchase Order\n#23-01086\n(b) Find that this item is not a “project” pursuant to the California Environmental\nQuality Act\nThe City of Lancaster utilizes consulting services from Infinity Technologies for our\nGeographic Information System (GIS) development, improvements, and general IT\nneeds. GIS is a framework for gathering, managing, and analyzing data. GIS includes\nmany types of data which are organized into layers of information and visualizations\nusing maps. This allows deeper insights into data which can identify patterns,\nrelationships, and situations that help users make more informed decisions. GIS is used\nthroughout many areas of the City including Economic Development, Planning, Public\nWorks, Facilities and Parks, Emergency Management, Housing, Utility Services,\nCapital Engineering, and Code Enforcement. Infinity Technologies has been working\nwith the City since 2021 and City IT staff want to continue the relationship for the\nforeseeable future. The proposed Consulting Services Agreement with Infinity\nTechnologies will allow the City to continue to expand on and improve the GIS usage\nacross the City.

CC 8.\nOrdinance levying Special Tax within Community Facilities District No. 2021-1.\nRecommendation(s):\n1. Adopt Ordinance No. 1099, levying Special Tax within Community Facilities\nDistrict No. 2021-1.\n2. Find that the California Environmental Quality Act does not apply to this item.\nThe City of Lancaster has identified the need to fund the continuing expansion of\ndemand for public services (fire and police) of public facilities associated with new\ndevelopment and population growth in the City. In April of 2020, the City began talks\nwith the owner and a special tax consultant to assist in the establishment of a CFD to\nlevy a special tax to fund public services serving the new development. The City has\nreceived a petition from Hatzlacha Development LLC (the “Owner”), the owner and\ndeveloper of APN: 3153-005-024 (Parcel 1), 3153-005-025 (Parcel 2), 3153-005-078\n(Parcel 3), and 3153-005-088 (Parcel 4) (collectively, the “Property”), requesting the\nformation of the proposed CFD, encompassing the Property, to finance parks and\nrecreation, public safety, and public works (“CFD No. 2021-1 Public Services”).

CC 9.\nVehicle Miles Traveled (VMT) Impact Fee Mitigation Program\nRecommendation(s):\n1.Adopt Ordinance No. 1100, amending Title 15 (Buildings and Construction) of the\nLancaster Municipal Code by adding Chapter 15.67 related to the Vehicle Miles\nTraveled (VMT) Impact Fee Mitigation Program.\nIn September 2013, the Governor’s Office of Planning and Research (OPR) signed\nSenate Bill (SB) 743 into law, starting a process that changed the way transportation\nimpacts are analyzed under the California Environmental Quality Act (CEQA). In\naccordance with SB 743, the City adopted its VMT Guidelines at the June 15, 2020,\nCity Council meeting. The required implementation of SB 743 has created challenges\nfor many development projects in Lancaster, as feasible and/or sufficient mitigation is\nnot always available to offset the impacts of individual projects.

CA1.\nAppointment of Deputy Mayor\nRecommendation:\n1. Discussion and consideration of nomination and appointment of Deputy Mayor\nfocusing on Transportation.\n2. Find that the California Environmental Quality Act does not apply to this item.\nCOUNCIL REPORTS

CR1.\nCouncil Reports\nCALIFORNIA CHOICE ENERGY AUTHORITY\nNo action required at this time.\nLANCASTER HOUSING AUTHORITY\nNo action required at this time.\nLANCASTER FINANCING AUTHORITY\nNo action required at this time.\nLANCASTER POWER AUTHORITY\nNo action required at this time.\nLANCASTER SUCCESSOR AGENCY\nNo action required at this time.\nCITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS\nCITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT\nPUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS\nThis portion of the agenda allows an individual the opportunity to address the\nLegislative Bodies on any item NOT ON THE AGENDA regarding\nCity/Agency/Authority business and speaker cards must be submitted prior to the\nbeginning of this portion of the Agenda. Please complete a speaker card for the City\nClerk/Agency/Authority Secretary and identify the subject you would like to address.\nWe respectfully request that you fill the cards out completely and print as clearly as\npossible. Following this procedure will allow for a smooth and timely process for the\nmeeting and we appreciate your cooperation. State law prohibits the Legislative Body\nfrom taking action on items not on the agenda and your matter may be referred to the\nCity Manager/Executive Director. Individual Speakers are limited to three (3) minutes\neach unless a different time limit is announced.\nCITY COUNCIL / AGENCY/ AUTHORITY COMMENTS\nCLOSED SESSION\n1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to\nlitigation\npursuant to Government Code Section 54956.9(d) (2) - two potential cases.\n2. Conference with Legal Counsel - Anticipated Litigation: consideration of\ninitiation of\nlitigation pursuant to Government Code Section 54956.9(d) (4) - two potential\ncases.\n3. Antelope Valley Groundwater Cases Included Action:\nLos Angeles County Waterworks District No. 40 v. Diamond Farming Co.\nSuperior Court of\nCalifornia, County of Los Angeles, Case No. BC325201;\nLos Angeles County Waterworks District No. 40 v. Diamond Farming Co.\nSuperior Court of\nCalifornia, County of Kern, Case No. S-1500-CV-254-348;\nWm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v. City\nof Lancaster,\nDiamond Farming Co. v. Palmdale Water District\nSuperior Court of California County of Riverside, consolidated actions; Case\nNos.\nRIC 353 840, RIC 344 436, RIC 344 668\n4. Ramos v Patino, LASC Case No. MC027974\n5. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

NB1.\nOrdinance No. ________ of the City Council of the City of Lancaster enacting\nLancaster Municipal Code Section 2.52.040 concerning senior specialist – Code\nEnforcement Title\nRecommendation(s):\n1. Introduce Ordinance No. ________, an ordinance of the City Council of the City of\nLancaster enacting Lancaster Municipal Code Section 2.52.040 concerning senior\nspecialist – code enforcement title.\n2. Find that this item is not a project pursuant to the California Environmental Quality\nAct.\nOn December 13, 2022, the City Council adopted Resolution No. 22-62, amending the\nClassification and Compensation Schedule for Represented and Non-Represented Full\nTime Employees to, among other things, eliminate the title “Code Enforcement Officer”\nfrom the Classification and Compensation Schedule for Represented and Non-\nRepresented Full Time Employees.\nCOUNCIL AGENDA