Lancaster — 2023-11-14

1. Clean City:Citywide Efforts\nPresenters: Larissa De La Cruz, Director-Community Development, Marissa Diaz-Director-\nPublic Works & Rodrick Armalin, Chief of Police/Director of Public Safety\nCITY OF LANCASTER, CALIFORNIA

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. LASD Explorer Recognition\nPresenter: Captain Paul Bartlett

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

26. Castro v. Lancaster

27. Montenegro v. Green, LASC Case No. 22AVCV01050

28. Carter v. Antelope Valley Fair & Event Center, LASC Case No. 23AVCV00460\nCITY OF LANCASTER, CALIFORNIA

29. Perez v. Lancaster, LASC Case No. 23AVCV00577\n30​. ​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\n31. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579\n32. Pedvin v. Lancaster, LASC Case No. 23STCV07921

3. Pinning of Law Enforcement Technicians\nPresenters: Rodrick Armalin, Chief of Police & Chris Roberts, Asst. Director of Public\nSafety\nCOUNCIL ACTIONS\nCONSENT CALENDAR

4. Authorize the City Manager, or his designee, to sign all documents.\nAn evaluation committee with staff from Community Development and Finance evaluated\nthe proposals based on evaluation criteria identified in the RFP. These criteria are pricing,\nqualifications of business, experience with similar services of this nature, references, and\nlocal preference. While Spadaro Enterprises Inc had the lowest price, SCA of CA, LLC\nreceived the highest overall score. SCA of CA, LLC Inc. has over twenty-five (25) years of\nexperience providing street sweeping services to municipalities throughout the State.

5. Estate of Guzman v. Lancaster

6. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

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. Waived further reading of any proposed ordinance. (This permit reading the title only in lieu\nof reciting the entire text.)

CC 10. Acceptance of Public Works Construction Project No. 21-011 - SR-138 (SR-14) Avenue K\nInterchange Improvements Phase 1 Recycled Water Line\nRecommendation(s):\nAccept the work constructed by Ferreira Construction Company for Public Works\nConstruction Project No. 21-011, SR-138 (SR-14) Avenue K Interchange Improvements,\nPhase 1 Recycled Water Line, and direct the City Clerk to file the Notice of Completion for\nthe project. Retention on this project shall be disbursed in accordance with the California\nContract Code.\nThis project was Phase 1 of the SR-138 (SR-14) Avenue K Interchange Improvements. The\nproject included the construction of the recycled water line on Avenue K from 15th Street\nWest to 10th Street West. This project was funded with a Los Angeles County Metropolitan\nTransportation Authority (LACMTA) grant with Measure R Highway Program funds.

CC 11. Award Contract for Request for Proposal 802-24-Street Sweeping Services to Sweeping\nCorporation of America (SCA) of CA, LLC\nRecommendation(s):\n1. Award contract for Request for Proposal (RFP) 802-24-Street Sweeping Services to SCA\nof CA, LLC in the amount of $1,796,289.96 for sweeping services for contract year one\n(November 2023-October 2024) and up to a maximum of 5% for a cost-of-living increase for\ncontract year two (November 2024-October 2025).\nCITY OF LANCASTER, CALIFORNIA\n2. Approve spending authority for a 10% contingency that will be used for additional areas\nadded to the contract for the life of the contract.\n3. Find that this item is not a project under the California Environmental Quality Act.

CC 12. Amendment to Disposition and Development Agreement (DDA) with Access Services\nRecommendation(s):\n1. Approve the First Amendment to the DDA with Access Services for the sale and\nsubsequent development of one additional industrial parcel located in the Lancaster Business\nPark.\n2. Authorize the City Manager, or his designee, to execute (i) the DDA in substantially the\nform presented, subject to non-substantive changes approved by the City Manager and City\nAttorney; and (ii) all documents necessary or appropriate to complete the transaction.\nThe subject parcels were declared surplus by Resolution 20-49 on September 8, 2020.\nSubsequently, a Notice of Availability was sent to all required entities as mandated by the\nSurplus Land Act (SLA), and no entity was prepared to purchase the site. On October 7,\n2022, the City received a letter from the California Department of Housing and Community\nDevelopment (HCD), which determined the all the requirements under the SLA were met and\nthe City could proceed with the sale or lease of the properties.

CC 13. Construction Award of Bid – PWCP 23-008 – Mariposa Park Renovation (Phase I)\nRecommendation(s):\n1. Award PWCP 23-008, Mariposa Park Renovation (Phase I), to R Brothers, Inc., of San\nFernando, CA, in the amount of $2,994,369.52, plus a 20% contingency, to remove and\nreplace the playground and flooring, picnic ramada, asphalt/concrete pathways, landscape\nand irrigation, drinking fountain, flagpole, and site furniture; paint perimeter fence; install\nwayfinding park signage, and playground drainage system, at Mariposa Park. Authorize the\nCity Manager, or his designee, to sign all documents. This contract is awarded to the lowest\nresponsible bidder per California Public Contract Code Section 22038(b).\n2. Find that the City has complied with the California Environmental Quality Act. A Notice\nof Exemption was filed on October 31, 2023.\n3. Approve an appropriation of $1,620,000.00 from Fund Balance into project string\nCP11BS039.CONST, GL Account 31049900.8000, for the Mariposa Park Renovation (Phase\nI).\nCITY OF LANCASTER, CALIFORNIA\nMariposa Park is located at 45755 Fig Avenue, Lancaster, CA 93534, within a densely\npopulated area, and is surrounded by established residential neighborhoods, an elementary\nschool, and industrial businesses. The Mariposa Park Improvements project focuses on\nincreasing Americans with Disability Act (ADA) accessibility within the park, and creating\nrenovated amenities to improve and expand community resources based on community input.

CC 14. Amending Employee Classification and Compensation Schedule\nRecommendation(s):\n1. Adopt Resolution No. 23-XX, amending Resolution 23-58, establishing a compensation\nschedule for the classifications of Peace Officer at the City of Lancaster. Appropriate funds\nfor these new positions.\nThe proposed classification and compensation changes will allow the Public Safety\nDepartment to continue transitioning into the Lancaster Police Department and provide\nadditional law enforcement resources to aid in addressing crime and quality of life issues.\nWith the current crime trends, the City recognizes the need to be proactive and create a\nsystem to mitigate potential serious issues. Transitioning our Public Safety Department to a\nLancaster Police Department gives our city the ability to address the "root causes" behind\nsome of these long-term issues. This is being accomplished by first our hiring of the Chief of\nPolice followed by recruitment of Peace Officers to enhance service to our community and\nsupplement our existing Sheriff’s Department law enforcement resources.

CC 15. Request for Two (2) Additional Full-Time Employees for Lancaster Energy - Renewable H2\nInitiatives\nRecommendation(s):\nIt is recommended that the City Council:\n1. Approve the addition of two full-time positions (1) Coordinator II – Hydrogen Projects and\nClean Energy Initiatives and (1) Accountant – Lancaster Energy, to be fully funded by\nLancaster Energy, to effectively manage and expand the City’s renewable hydrogen and clean\nenergy projects.\n2. Appropriate a total of $176,000 between various payroll accounts in fund 501, as shown in\nAttachment 1 to fund 6 months for the two (2) new positions.\nThe proposed Accountant position will provide finance and accounting support to the current\nLancaster Energy operation and will report to the Director of Finance.\nPUBLIC HEARING

CC 2. Approve the City Council/Successor Agency/Financing/Power/California Choice Energy\nAuthority Regular Meeting Minutes of October 24, 2023.

CC 3. Check Registers – October 8, 2023, through November 6, 2023.\nRecommendation(s):\nApprove the Check and Wire Registers for October 8, 2023, through November 6, 2023, in\nthe amount of $12,940,338.17 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 purchase of\nmaterials, supplies, services, and capital projects issued the prior three to four weeks. This\nprocess provides the City Council the opportunity to review the expenditures of the City.\nClaims are paid via checks, Automated Clearing House (ACH) payments, or federal wires.\nThe justifying backup information for each expenditure is available in the Finance\nDepartment.

CC 4. Monthly Report of Investments – September 2023\nRecommendation(s):\nAccept and approve the September 2023 Monthly Report of Investments as submitted.\nEach month, the Finance Department prepares a report listing the investments for all separate\nentities under the jurisdiction of the City as identified in the City’s Comprehensive Annual\nFinancial Report.

CC 5. CITY OF LANCASTER, CALIFORNIA\nFinal Map Approval – Tract Map No. 61040 (Located at the Northwest Corner of 55th Street\nWest and Avenue K-14)\nRecommendation(s):\nApprove the map and accept the dedications as offered on Tract Map No. 61040, located at\nthe northwest corner of 55th Street West and Avenue K-14; make findings that this project\nwill not violate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the\nSubdivision Map Act; and instruct the City Clerk to endorse on the face of the map the\ncertificate which embodies the approval of said map and the dedications shown thereon.\nOn June 22, 2005, the City of Lancaster Planning Commission approved Tentative Tract Map\nNo. 61040. The Planning Commission granted extensions on June 16, 2008, June 20, 2009,\nand four automatic extensions thereafter; granting the final extension on June 20, 2016. The\nFinal Map is in substantial conformance with the approved tentative map. Tract Map\nNo. 61040 has been examined by the City Surveyor, and is ready for Council approval. In\naddition, an Undertaking Agreement and Improvement Securities have been submitted to\nguarantee the installation of improvements.

CC 6. Final Map Approval – Tract Map No. 61041 (Located at the Northwest Corner of 55th Street\nWest and Avenue L)\nRecommendation(s):\nApprove the map and accept the dedications as offered on Tract Map No. 6104, located at the\nnorthwest corner of 55th Street West and Avenue L; make findings that this project will not\nviolate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the Subdivision\nMap Act; and instruct the City Clerk to endorse on the face of the map the certificate which\nembodies the approval of said map and the dedications shown thereon.\nOn June 22, 2005, the City of Lancaster Planning Commission approved Tentative Tract Map\nNo. 61041. The Planning Commission granted extensions on June 16, 2008, June 20, 2009,\nand four automatic extensions thereafter; granting the final extension on June 20, 2016. The\nFinal Map is in substantial conformance with the approved tentative map. Tract Map\nNo. 61041 has been examined by the City Surveyor, and is ready for Council approval. In\naddition, an Undertaking Agreement and Improvement Securities have been submitted to\nguarantee the installation of improvements.

CC 7. Verizon Wireless Cell Tower #123016 Lease Amendment at Owen Memorial Park\nRecommendation(s):\n1. Approve the Second Amendment to the cell tower lease with Verizon Wireless at Owen\nMemorial Park, 43011 North 10th Street West; and\n2. Authorize the City Manager, or his designee, to sign all agreements and associated\ndocuments.\nThe Second Amendment will approve an additional three hundred thirty-six (336) square feet\nof ground space contiguous to the existing leased premises as depicted in Exhibit A, as\nrequired for the colocation of the tower tenants and revenue increase. The amendment will\nresult in an increased monthly revenue of $300, effective the first rental payment due\nfollowing the full execution of the amendment and memorandum. Except as specifically\nCITY OF LANCASTER, CALIFORNIA\noutlined in the Second Amendment, the agreement is otherwise unmodified and remains in\nfull force.

CC 8. Amendment to Chapter 5.04 of the Lancaster Municipal Code relating to Sidewalk Vendors\nRecommendation(s):\nAdopt Ordinance No. 1108, amending Chapter 5.04, Article V of the Lancaster Municipal\nCode concerning the regulation of sidewalk vendors.\nCity staff believes that the regulations set forth in Articles V will allow sidewalk vendors to\nengage in meaningful commercial activity in the City while protecting public health, safety\nand welfare.

CC 9. Ordinance No.1109 Adding Chapter 2.60 to the Lancaster Municipal Code Relating to the\nProtection of City Facilities and Personnel\nRecommendation(s):\nA. Adopt Ordinance No. 1109, Adding Chapter 2.60 to the Lancaster Municipal Code\nrelating to the protection of city facilities and personnel; and\nB. Authorize protection details for the Mayor and City Council members when attending City\nevents or representing the City;\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\nfunction. This Ordinance would allow the City to provide the necessary protection of its\nfacilities, officials and personnel.

CR1. Council Reports\nCALIFORNIA CHOICE ENERGY AUTHORITY\nNo action required at this time.\nLANCASTER FINANCING AUTHORITY\nNo action required at this time.\nCITY OF LANCASTER, CALIFORNIA\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\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\nCITY OF LANCASTER, CALIFORNIA\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

NB1. Advisory Ballot Measure April 09, 2024 General Municipal Election\nRecommendation:\nIt is recommended that the City Council:\n1. Consider the proposed advisory vote to gauge public sentiment on exploring and\npotentially establishing a drug treatment program similar to Teen Challenge.\n2. Approve Resolution No. 23-XX, a resolution of the City Council of the City of Lancaster,\nCalifornia, Approving the submission of an advisory measure to the voters to pursue a drug\ntreatment program.\n3.Authorize the City Clerk, or their designee, to place the advisory vote on the upcoming\nballot.\nThe City of Lancaster has observed a growing concern over drug-related issues among its\nresidents. As part of our ongoing commitment to addressing these challenges, the City is\nconsidering multiple solutions, one of which is the establishment of a drug treatment\nprogram.\nCOUNCIL REPORTS

PH 1. TEFRA Hearing/Approval of Exempt Facility Bonds for Village at Beechwood Apartments\nRecommendation(s):\nAdopt Resolution No. XX, pursuant to Section 147(f) of the Internal Revenue Code of 1986\napproving the issuance by the California Statewide Communities Development Authority (the\n“CSCDA”) of qualified 501 (c) (3) bonds for a qualified residential rental project for Village\nat Beechwood (the “Project”).\nLinc Beechwood Limited Partnership, a California limited partnership (the “Developer”) has\nrequested that the CSCDA adopt a plan of financing providing for the issuance of exempt\nfacility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the\nInternal Revenue Code of 1986 (the “Code”) in an aggregate principal amount not to exceed\n$12,000,000 (the “Bonds”), to finance improvements of a multifamily rental housing project\nlocated at 44063 Beech Avenue, Lancaster, California\n\nCPH1. 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.\nJOINT PUBLIC HEARING\nJPH1. Consideration for approval of actions in connection with Lancaster Housing Authority-owned\nparcels related to compliance with the Surplus Land Act and a Disposition and Development\nAgreement with Sarah’s Care Home. Location: Vacant parcels near the southwest corner of\nKingtree Avenue and Avenue J-2 (APNs 3123-016-905 and -906)\nRecommendation:\n1. Adopt Resolution No.23-XX, declaring the following Housing Authority-owned property\nas “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(F)(i): Vacant\nparcels near the southwest corner of Kingtree Avenue and Avenue J-2 (3123-016-905 and -\n906)\n2. Adopt Resolution No. 23-XX, approving the Disposition and Development Agreement,\naccepting the Health and Safety Code Section 33433 Report, and making certain findings\npursuant to Health and Safety Code 33433.\n3. Authorize the Executive Director, or his designee, to execute all related documents.\nSarah’s Care Home initially reached out to staff regarding the purchase of the subject\nproperties for the full appraised value of $1.3 million. The proposed DDA is an agreement\nbetween the Authority and the developer for the sale and development of the Site. The DDA\ngoverns the Developer’s right to develop the Project. The DDA also governs the Developer’s\nobligations with respect to the acquisition of the land, requirements for closing, and schedule\nof performance, and provides a legal framework for addressing default. Under the DDA,\nSarah’s Care Home will develop a minimum of sixty-five (65) units of affordable housing for\nseniors age 55+. Units will be provided in a multi-family apartment complex within the\nLancaster Health District area. While precise Area Median Income (AMI) levels for the\nsubject units are yet to be determined, the developer envisions that AMIs will range from\n30% to 80%.\n

CPH1. 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.

JOINT PUBLIC HEARING\nJPH1. Consideration for approval of actions in connection with Lancaster Housing Authority-owned\nparcels related to compliance with the Surplus Land Act and a Disposition and Development\nAgreement with Sarah’s Care Home. Location: Vacant parcels near the southwest corner of\nKingtree Avenue and Avenue J-2 (APNs 3123-016-905 and -906)\nRecommendation:\n1. Adopt Resolution No.23-XX, declaring the following Housing Authority-owned property\nas “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(F)(i): Vacant\nparcels near the southwest corner of Kingtree Avenue and Avenue J-2 (3123-016-905 and -\n906)\n2. Adopt Resolution No. 23-XX, approving the Disposition and Development Agreement,\naccepting the Health and Safety Code Section 33433 Report, and making certain findings\npursuant to Health and Safety Code 33433.\n3. Authorize the Executive Director, or his designee, to execute all related documents.\nSarah’s Care Home initially reached out to staff regarding the purchase of the subject\nproperties for the full appraised value of $1.3 million. The proposed DDA is an agreement\nbetween the Authority and the developer for the sale and development of the Site. The DDA\ngoverns the Developer’s right to develop the Project. The DDA also governs the Developer’s\nobligations with respect to the acquisition of the land, requirements for closing, and schedule\nof performance, and provides a legal framework for addressing default. Under the DDA,\nSarah’s Care Home will develop a minimum of sixty-five (65) units of affordable housing for\nseniors age 55+. Units will be provided in a multi-family apartment complex within the\nLancaster Health District area. While precise Area Median Income (AMI) levels for the\nsubject units are yet to be determined, the developer envisions that AMIs will range from\n30% to 80%.\nNEW BUSINESS