Lancaster — 2023-10-24

1. Walk N Roll Staff Recognition\nPresenter: Jason Caudle, City Manager

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\nCase 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

2. Recognition of Michael Kuper\nPresenter: Jason Caudle, City Manager & Mayor R. Rex Parris\nCITY OF LANCASTER, CALIFORNIA\nCOUNCIL ACTIONS\nCONSENT CALENDAR

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\nCITY OF LANCASTER, CALIFORNIA

26. Castro v. Lancaster

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\n27​. ​CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: APN 3135-024-014\nAgency negotiators: Chenin Dow and Allison Burns\nNegotiating parties: Om Sai Ram Inc.\nUnder negotiation: price and terms of payment\n28. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579

3. Appropriate local match of $106,000.00 in General Fund from fund balance to ATP\nSRTSNI-NONINF-10140000-5656.\nThe City received the allocation notification letter from the DOT on July 28, 2023. The Request\nfor Proposals from community-based/non-profit organizations wishing to provide community\nengagement services to support this program was posted to the City’s website and Public\nPurchase on August 29, 2023, with a due date of September 12, 2023. One proposal was\nreceived from AVPH. A staff review committee evaluated the proposal, and deemed it both\nresponsive and highly qualifying.\nPUBLIC HEARING

4. Adopt Resolution No. 23-64, providing for the conduct of a special runoff election for\nelective offices in the event of a tie vote at any municipal election.

5. Direct staff to conduct a standalone all-mail ballot general municipal election and approve\nthe following Professional Services Agreement to provide election support services.\nA. Hart InterCivic for ballot design, tabulation software, equipment, and associated services\nin the amount of $84,197.94 and\nB. ProVote Solutions for ballot production, print and mail services in an amount of\n$154,429.99;\nC. SnailWorks for mail tracking for approximately of $2,355,\nD. City of Whittier/GEM for ballot tracking in the amount of $10,000.\nE. Los Angeles County for Voter data, Ballot Drop-off Boxes and other services.

6. Appropriate an additional amount of $209,427 to the election budget for a total of\n$350,000.\nDuring odd numbered years, the City Council adopts the necessary resolutions to proceed\nwith the General Municipal Election in April of even-numbered years. These resolutions\nfulfill certain legal requirements to conduct the General Municipal Election; request\ninformation and supplies from the County of Los Angeles; establish guidelines and costs\nassociated with candidate statements; and provide provisions to conduct a special runoff\nelection to resolve a tie vote.\nCOUNCIL AGENDA

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

CC 1. Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of\nreciting the entire text.)

CC 3. Check Registers – September 24, 2023, through October 7, 2023.\nRecommendation(s):\nApprove the Check and Wire Registers for September 24, 2023, through October 7, 2023, in\nthe amount of $3,018,545.75 as presented.

CC 4. Sewer Collection System Annual Report for Fiscal Year 2022-2023\nRecommendation(s):\nAccept the Sanitary Sewer Collection System Annual Report for Fiscal Year 2022-2023.\nThe attached Sewer Collection System Annual Report provides detailed information regarding\nthe system's growth and characteristics over the past year, and outlines the accomplishments of\nthe Public Works – Utilities Services Division regarding operations and maintenance of the\nCity's sewer system.

CC 5. Task Order for Multi-Year Professional Services (Service Group Category 1 – Roadway and\nStructures Engineering) Construction Phase Services for PWCP 20-005, SR 138 (SR-14)\nAvenue J Interchange Improvements (Phase II – Caltrans Interchange)\nRecommendation(s):\nApprove Revised Task Order No. 1 for post design services with Kimley-Horn and Associates,\nInc., (KHA) of Los Angeles, California, in accordance with the Multi-Year Professional\nServices Agreement, for SR-138 (SR-14) Avenue J Interchange Improvements (Phase II –\nCaltrans) in the amount of $429,900.00, with an additional $42,900.00 contingency; and\nauthorize the City Manager, or his designee, to sign all documents.\nIn anticipation of advertising PWCP 20-005, SR‑138 (SR-14) / Avenue J Interchange\nImprovements (Phase II – Caltrans Interchange), construction management services are\nneeded. This project requires construction management services from a professional\nconsulting firm to support the Capital Improvement Program and division operations.\nCITY OF LANCASTER, CALIFORNIA

CC 6. Additional Authorization No. 4 to Professional Consultant Services Agreement for Preparation\nof Project Plans, Specifications, and Estimates for SR-138 (SR-14) Avenue K Interchange\n(Reference PWCP 21-006, Formerly PWCP 13-018)\nRecommendation(s):\nApprove Additional Authorization No. 4 to Professional Consultant Services Agreement with\nTRC Solutions, Inc., of Irvine, California, in the amount of $223,591.00, for Additional\nDesign Services for Plans, Specifications, and Estimates (PS&E) for SR-138 (SR-14) Avenue\nK Interchange (Reference PWCP 21-006, formerly PWCP 13-018). Authorize the City\nManager, or his designee, to sign all documents.\nBased on the complexity of the design working in conjunction with utilities and local business,\nadditional design work was required to be performed both on the local street as well as in\nCaltrans Access Control for the revision of construction staging and traffic handling that\nadversely impacted the schedule and triggered additional design work.

CC 7.Grant Agreement, State of California, Office of Traffic Safety - Traffic Safety Education\nProgram\nRecommendation(s):\n1. Approve the Grant Agreement and authorize the City Manager, or his designee, to execute the\ngrant agreement with the Office of Traffic Safety (OTS) for the Just SNAP it! Traffic Safety\nEducation Program.\n2. Recognize revenues and appropriate expenditures totaling $61,250.00 in grant funds from the\nOTS for the Just SNAP it! Traffic Safety Education Program Grant.\nProject Name Amount Revenue Account Expenditure Account\nJust SNAP it! $61,250.00 OTS SNAPIT- NONINF- OTS SNAPIT- NONINF-\n23040000-4998 23040000-5656\nIn January 2023, City staff applied to the OTS to participate in their Traffic Safety Education\nProgram to address this need. The application proposed an expansion to the City’s SEE AND\nBE SEEN active transportation safety and health living program to include a campaign called\nJust SNAP it!, which will be focused on encouraging high school and young adult drivers to\nestablish life-long safety habits to reduce their risk of experiencing a traffic-related death or\nserious injury.

CC 8.Award of Safe Routes to School (SRTS) Community Engagement Program Services (RFP\nNo.797-24)\nRecommendation(s):\n1. Authorize the City Manager, or his designee, to execute a professional services agreement\nwith Antelope Valley Partners for Health (AVPH) of Lancaster, California, in the amount of\n$620,850.00 to provide professional services to provide community engagement services to\nsupport an active transportation safety non-infrastructure project that focuses on students K-12.\nCITY OF LANCASTER, CALIFORNIA\n2. Recognize revenues and approve the appropriation of $796,000.00 in Active\nTransportation Program (ATP) grant funds from the California Department of Transportation\n(DOT) for the Safe Routes to School (SRTS) Refresh, Rebuild, Recruit, Sustain non-\ninfrastructure program.\nProject Name Amount Revenue Account Expenditure Account\nSRTS Refresh\nRebuild, ATP SRTSNI-NONINF- ATP SRTSNI-NONINF-\n$796,000.00\nRecruit, 23040000-4998 23040000-5656\nSustain

CA1. Discussion and consideration of nomination and appointment of Rocio Castellanos as\nDeputy Mayor.\nPresenter: Mayor R. Rex Parris\nCOUNCIL REPORTS

CR1. Council Reports\nCALIFORNIA CHOICE ENERGY AUTHORITY\nNo action required at this time.\nLANCASTER HOUSING AUTHORITY\nNo action required at this time.\nLANCASTER FINANCING AUTHORITY\nCITY OF LANCASTER, CALIFORNIA\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 Legislative Bodies on\nany item NOT ON THE AGENDA regarding City/Agency/Authority business and speaker cards\nmust be submitted prior to the beginning of this portion of the Agenda. Please complete a speaker\ncard for the City Clerk/Agency/Authority Secretary and identify the subject you would like to\naddress. We 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 meeting and we\nappreciate your cooperation. State law prohibits the Legislative Body from taking action on items not\non the agenda and your matter may be referred to the City Manager/Executive Director. Individual\nSpeakers are limited to three (3) minutes each unless a different time limit is announced.\nCITY COUNCIL / AGENCY/ AUTHORITY COMMENTS\nCLOSED SESSION\n1. Conference with Legal Counsel - Anticipated Litigation: significant\nexposure to litigation pursuant to Government Code\nSection 54956.9(d) (2) - two potential cases.\n2. Conference with Legal Counsel - Anticipated Litigation: consideration\nof initiation of litigation pursuant to Government Code\nCITY OF LANCASTER, CALIFORNIA\nSection 54956.9(d) (4) - two potential cases.\n3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality\nManagement District Pursuant to Government Code Section 54956.96\nDiscussion will concern: Antelope Valley Air Quality Management\nDistrict v. United States Environmental Protection\nAgency, et al. 9th Cir. Case No. 23-1614 Name of local agency representative\non joint powers agency board: Marvin Crist, Ken Mann\n4. Antelope Valley Groundwater Cases Included Action:\nLos Angeles County Waterworks District No. 40 v. Diamond Farming Co.\nSuperior Court of California, County of Los Angeles, Case No. BC325201;\nLos Angeles County Waterworks District No. 40 v. Diamond Farming Co.\nSuperior Court of California, County of Kern, Case No. S-1500-CV-254-348;\nWm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.\nCity of Lancaster, Diamond Farming Co. v. Palmdale Water District\nSuperior Court of California County of Riverside, consolidated actions;\nCase Nos. RIC 353 840, RIC 344 436, RIC 344 668\n5. Estate of Guzman v. Lancaster\n6. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

NB1. Approval of the expansion of the Power Choice Solar and Battery Program\nRecommendation(s):\n1. Approve the expansion of the Lancaster Power Choice program to include Commercial and\nIndustrial customers.\n2. Authorize the City Manager, or his designees, to negotiate and execute program contracts\nand policies on behalf of the City with concurrence from the City Attorney.\nCITY OF LANCASTER, CALIFORNIA\nCommercial and Industrial customers who participate in the program will enjoy a host of\nbenefits. These include easy access to solar financing and installation, comprehensive\nintegration with their existing Community Choice Aggregation (CCA) service, access to\nbackup power in the event of an emergency or Public Safety Power Shutoff, and, of course,\nsubstantial savings on their electric bills. In addition, a significant portion of their\nexpenditures will remain local and be reinvested in our community.

NB2. Amendment to Chapter 5.04 of the Lancaster Municipal Code relating to Sidewalk Vendors\nRecommendation(s):\nIntroduce Ordinance No. 1108 amending Chapter 5.04, Article V of the Lancaster Municipal\nCode concerning the regulation of sidewalk vendors.\nIn an effort to address nuisance operations and maintain a business-friendly approach for\nvendors complying with the law, staff has collaborated with community stakeholders,\nincluding vendors and their legal representatives, to identify updates to the City’s laws and\nregulations related to vendor operations. Through this collaboration, staff has updated the\nCity's sidewalk vendor ordinance to reflect a more flexible and mutually beneficial set of\nregulations that would offer sidewalk vendors an opportunity to operate in the City safely and\nsuccessfully. The revisions to the ordinance are shown in Attachment B and C to this staff\nreport.

NB3. Ordinance No. 1109 Adding Chapter 2.60 to the Lancaster Municipal Code Relating to the\nProtection of City Facilities and Personnel\nRecommendation(s):\nIntroduce Ordinance No. 1109 Adding Chapter 2.60 to the Lancaster Municipal Code\nrelating to the protection of city facilities and personnel; and\nIn recent years, the City has received an increasing number of security threats to its facilities,\nelected officials and personnel, which threats interfere with the City’s ability to properly function.\nThis Ordinance would allow the City to provide the necessary protection of its facilities, officials\nand personnel.

NB4. General Municipal Election – April 09, 2024\nRecommendation(s):\n1. Adopt Resolution No. 23-61, calling for the holding of a General Municipal Election to be\nheld on Tuesday, April 09, 2024, for the election of certain officers as required by the\nprovisions of the applicable laws of the state of California and the City of Lancaster, City\nCharter.\n2. Adopt Resolution No. 23-62, and requesting the Board of Supervisors of the County of\nLos Angeles to render specified services to the City relating to the conduct of a General\nMunicipal Election to be held Tuesday, April 09, 2024\n3. Adopt Resolution No. 23-63, adopting regulations for candidates for elective office,\npertaining to filing fees and candidate statements submitted to the voters at an election to be\nheld Tuesday, April 9, 2024.\nCITY OF LANCASTER, CALIFORNIA

PH 1. Vacation of a Portion of the Public Road Easement as Dedicated within Block 2 as shown on\nthe Map Filed in Book 5, Pages 470-471 of Miscellaneous Records\nRecommendation:\nAdopt Resolution No. 23-60, ordering the vacation of a portion of the Public Road\nEasement as dedicated on the Map Filled in Book 5, pages 470 to 471 of Miscellaneous\nRecords, located within block 2 on the north side of Milling Street between Beech Avenue\nand Sierra Highway, in the City of Lancaster.\nSaid Public Road Easement is classified as street alley which was dedicated to the City in\n1884. Vacating a portion of this street alley is intended as part of the proposed improvements\nrecommended for the City’s Public Safety building.\nNEW BUSINESS