Lancaster — 2024-05-28

1. Conference with Legal Counsel - Anticipated Litigation: significant\nexposure to litigation pursuant to Government Code\nSection 54956.9(d) (2) - two potential cases.

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. Conference with Legal Counsel - Anticipated Litigation: consideration\nof initiation of litigation pursuant to Government Code\nSection 54956.9(d) (4) - two potential cases.

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

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\n33. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 5215 W. Avenue H, Lancaster, CA\nAgency Negotiators: Chenin Dow and Allison Burns\nNegotiating parties: Camara Living Trust\nUnder Negotiation: price and terms of payment\n34. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 44219 Sierra Highway, Lancaster, California 93534;\nAPN No. 3132-011-003, 005, 006, 014, 015, 018, 019\nAgency Negotiators: Chenin Dow and Allison Burns\nNegotiating parties: Hsiao Hui Shen and Jia Yuh Shen\n35. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 42047 Sierra Highway, Lancaster, California 93535; APN No. 3128-014-019\nAgency Negotiators: Chenin Dow and Allison Burns\nNegotiating parties: VK Investments LLC\n36. Consideration of Initiation of Litigation\n37. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: APNs 3128-013-001 and 3128-013-012\nAgency negotiators: Chenin Dow and Allison Burns\nNegotiating parties: Provident Trust Group, LLC\nUnder negotiation: price and terms of payment\n38. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 44125 Sierra Highway, Lancaster, California 93534;\nAgency Negotiators: Chenin Dow and Allison Burns\nNegotiating parties: HSMS Hospitality Services\n39. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 42943 Sierra Highway, Lancaster, California 93535;\nAgency Negotiators: Chenin Dow and Allison Burns\nNegotiating parties: Dhaniben and Girishbhai Patel\n40. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 42329 Sierra Highway, Lancaster, California 93534;\nAgency Negotiators: Chenin Dow and Allison Burns\nNegotiating parties: Govindbhai Dahyabhai Patel and Bhanuben Patel

3. 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

4. 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

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

CC 10. 2024-2025 Road Maintenance and Rehabilitation Account (RMRA) Project List for Senate\nBill 1, The Road Repair and Accountability Act of 2017\nRecommendation(s):\nAdopt Resolution No.____ , approving Senate Bill 1 (SB 1) Proposed Project List Form, and\nallocate funds in the fiscal year 2024-2025 Capital Improvement Budget to clarify Road\nMaintenance and Rehabilitation Account (RMRA) funded projects.\nThe Road Repair and Accountability Act of 2017, Senate Bill 1 (SB 1), was passed by the\nState Legislature and signed into law by the Governor in April 2017. The bill increases per\ngallon fuel excise taxes, increases diesel fuel state taxes and vehicle registration fees, and\nprovides for inflationary adjustments to tax rates in future years. The purpose of the bill is to\naddress basic road maintenance, rehabilitation, and critical safety needs on both the state\nhighway and local streets and road system.

CC 11. SPR 21-12 - Acceptance of Improvements (Sewer)\nRecommendation(s):\nApprove the following sanitary sewer installed by the developer and accept the sewer for\nmaintenance by the City and for public use:\nProject No. Private Contract No. Location/Owner\nSite Plan Review No. 21-12 22-01 Northeast Corner Avenue K and\n15th\nStreet West\nOwner: TRU 2005 RE I, LLC, c/o\nRaider Hill Advisors,\nLLC\nThe listed sanitary sewer has been constructed and completed by the developer according to\nthe approved plans and specifications. The work has been inspected and found to be\nsatisfactory for the Director of Public Works.

CC 12. SPR 21-12 – Acceptance of Improvements (Streets)\nRecommendation(s):\nApprove the developer-constructed streets on the following project. In addition, accept the\nstreets for maintenance by the City and for public use.\nProject No. Location/Owner\nSite Plan Review No. 21-12 Northeast Corner Avenue K and 15th Street West\nOwner: TRU 2005 RE I, LLC, c/o Raider Hill Advisors,\nLLC\nThe streets have been constructed and completed by the developer according to the approved\nplans and specifications. The work has been inspected and found to be satisfactory to the\nDirector of Public Works.

CC 13. SPR 21-12 - Acceptance of Improvements (Water)\nRecommendation(s):\nApprove the completed water system installed by the developer for the following project:\nProject Location/Owner\nSite Plan Review No. 21-12 Northeast Corner Avenue K and 15th Street West\nOwner: TRU 2005 RE I, LLC, c/o Raider Hill Advisors,\nLLC\nWater system improvements are accepted by the City in order to exonerate the Developer’s\nUndertaking Agreement and release of improvement securities. The water system for this\nproject has been constructed and completed to the satisfaction of the local water purveyor,\nLos Angeles County Waterworks District 40-04, Antelope Valley, and was constructed\naccording to the approved plans and specifications. Additionally, the work has been inspected\nand found to be satisfactory to the Director of Public Works.

CC 14. Task Order No. 2 for Multi-Year Professional Services Group Category 5 - Environmental\nServices for Land and Water Conservation Fund Part 106 Services\nRecommendation(s):\nA. Approve Task Order No. 2 with Michael Baker International, in accordance with the\nMulti-Year Professional Services Agreement under service group category five,\nenvironmental services, in the amount of $15,050.00, plus a 10% contingency for the\nproposed Neighborhood Park on Avenue J.\nB. Authorize the City Manager or designee to execute all contracts and associated documents,\nincluding memorandum of agreement(s), subject to City Attorney approval.\nThe City of Lancaster applied for and has been conditionally awarded a grant through the\nCalifornia Department of Parks and Recreation Land and Water Conservation Fund to\nsupport the new construction of a park on Avenue J, which will increase park access on the\nwestside of town and have multifold positive benefits for the community.

CC 15. A Resolution Commencing the Process Concerning (1) the Proposed Automatic Annual\nInflationary Increase to Solid Waste Handling Services Fee for Single-Family Dwellings, and\n(2) Proposed Collection of Solid Waste Handling Services Fee for Single-Family Dwellings\non the Tax Roll Pursuant to Section 5473 of the Health and Safety Code\nRecommendation(s):\nAdopt Resolution No. , commencing the process concerning (1) proposed automatic\nannual inflationary increase to solid wast handling services fee for single-family dwellings\nfor Fiscal Year 2024-2025 through Fiscal Year 2028-2029; for fiscal years; for fiscal years\n2024-2025 through 2028-2029; and (2) proposed collection of solid wast handling services\nfee for single-family dwellings on tax roll pursuant to section 5473 of the Health and Safety\nCode.\nOn July 26, 2022, the City adopted Resolution No. 23-45, authorizing the collection of solid\nwaste charges for single-family dwellings on the Los Angeles County Tax roll, pursuant to\n5473 of the Health and Safety Code. The City finds it necessary to propose an increase to the\nfee for solid waste handling services for single-family dwelling parcels for fiscal years\n2023/2024 through 2028/2029, pursuant to the franchise agreement between the City and\nWaste Management, which allows for an annual Consumer Price Index (CPI) increase of\nthree and one-half percent (3.5%) to the charge.

CC 16. Approval of Amendment No. 2 of the Professional Services Agreement for Assessment\nDistrict Administration and Support Services to Harris and Associates\nRecommendation(s):\n1. Approve Amendment No. 2 of the Professional Services Agreement for Assessment\nDistrict Administration and Support Services to Harris and Associates.\n2. Authorize the City Manager, or his designee, to sign all documents.\nThe initial professional services agreement for RFQ #699-18 Assessment District\nAdministration and Support Services was signed on February 5, 2019. The contract was set to\nexpire in three (3) years with the option for two (2) additional two-year periods.

CC 17. Approval of increased expenditure authority for the Infinity Technologies Consulting\nServices Agreement.\nRecommendation(s):\nApprove increased expenditure authority for the Infinity Technologies Consulting Services\nAgreement for FY24 to $167,500.00.\nIn addition to continuous efforts to expand upon and improve existing GIS data, during the\nlast FY Infinity Technologies has assisted the City in many GIS accomplishments including\nintegrations with Accela and Tyler EAM, new publicly available map applications for\nRoadway Projects and Residential Projects, creation of over 17 new map layers and over 11\nnew maps.

CC 18. Mobile Modular Restrooms for Lancaster Municipal Stadium Expansion\nRecommendation(s):\nA. Approve the purchase of modular restrooms for the Lancaster Municipal Stadium from\nMobile Modular in an amount not to exceed $294,098.14, plus a 10% contingency utilizing\nthe Sourcewell procurement contract.\nB. Allocate $323,508 from the general fund balance to CIP Project CP11BS046.const.parcs\n(Account Number 101699900.8000) for the purchase of modular restrooms.\nC. Authorize the City Manager, or his designee, to execute all contracts and associated\ndocuments, subject to City Attorney approval.\nTo maintain project timelines and budget constraints, staff recommend the efficient and cost-\neffective cooperative purchasing agreement and installation of Mobile Modular restrooms\nthrough Sourcewell. Consistent with City purchasing policies, this approach ensures\ncompetitive pricing without initiating a separate, lengthy bid process. Sourcewell is a national\ncooperative that provides pre-vetted public contracts for government agencies.

CC 19. TDA Article 8 FY2023-24 Application for Available Funds.\nRecommendation(s):\nApprove Resolution No. 24-___, authorizing the City Manager, or his designee, to apply for\n$12,071,326 of funds available to the City of Lancaster from Los Angeles County\nMetropolitan Transportation Authority (LACMTA).\nAnnually, Los Angeles County Metropolitan Transportation Authority allocates\nTransportation Development Act (TDA) Article 8 funds to fund unmet transit needs in areas\noutside the Metro service area.

CC 2. Approve the City Council/Successor Agency/Financing/Power Authority Regular Meeting\nMinutes of May 07, 2024.

CC 20. Authorization to Apply for the Formation of the Pacific Hydrogen Alliance Non-Profit\nOrganization\nRecommendation(s):\nIt is recommended that the City Council:\n1. Authorize the City Manager, or his designee, to form a California non-profit organization,\nknown as Pacific Hydrogen Alliance.\n2. Authorize the City Manager, or his designee, to finalize, excecute, and signa all documents\nnecessary to proceed with the application process and formation of the Pacific Hydrogen\nAlliance.\nThe Pacific Hydrogen Alliance will engage in activities such as hosting educational\nworkshops, seminars, and informational sessions on hydrogen technology; developing\ncollaborative projects to deploy hydrogen solutions across member cities; implementing\ncommunity outreach programs to promote the adoption of hydrogen technologies; advocating\nfor policies and regulations that support the growth of the hydrogen economy; and supporting\nresearch and development efforts to innovate and improve hydrogen technologies.

CC 21. Regular Council Meeting Schedule\nRecommendation(s):\nIt is recommended that the City Council:\n1. Adopt Resolution No. 24-____, repealing Resolution No. 21-60 and establishing the\nmeeting day and time of the Lancaster City Council.\n2. Authorize the City Manager, or his designee, to execute and sign all documents\nnecessary to implement this change.\nAdoption of Resolution No. 24-___ will allow the City of Lancaster to continue its\nestablished practices regarding meeting schedules, including the cancelation of the second\nmeetings in November and December, the April adjustments during election years, and the\nadditional cancelations during the summer and in observance of local events. This will\nstreamline the process, avoiding the need to present these items before the Council each year.

CC 22. Request for One (1) Additional Full-Time Employee for Lancaster Energy - Renewable H2\nInitiatives\nRecommendation(s):\nIt is recommended that the City Council:\n1. Approve the addition of one full-time position (1) Coordinator II – Hydrogen Projects\n– Lancaster Energy, to be fully funded by Lancaster Energy, to effectively manage and\nexpand the City’s renewable hydrogen and clean energy projects.\n2. Appropriate a total of $176,000 between various payroll accounts in fund 501, as\nshown in Attachment 1 to fund 1 year for the (1) new position.\nThe proposed Coordinator II position will add to an existing budgeted Coordinator II position\nto play a pivotal role in the City’s continued journey toward a sustainable and energy-\nindependent future, contributing not only to environmental benefits but also to local job\ncreation and economic growth.

CC 23. Clean Hydrogen Purchase Agreement Non-Binding Term Sheet – Element Resources, Inc.\nRecommendation(s):\nIt is recommended that the City Council:\n1. Approve the Non-Binding Term Sheet with Element Resources, Inc. for the purchase of\nhydrogen, with an estimated maximum contract amount of $68,200,000 and a minimum\ncontract amount of $54,135,000 per year. Authorize the City Manager, or his designee, to\nexecute and sign all documents; and\n2. Find that this item is not a project pursuant to the California Environmental Quality Act.\nThis agreement aims to secure a reliable supply of green hydrogen for the City of Lancaster,\nenhancing its clean energy portfolio and supporting its environmental goals. The\ncollaboration with Element Resources is expected to provide substantial benefits in terms of\nsustainability, cost savings, and energy security.

CC 3. Check Registers – April 21, 2024, through May 11, 2024.\nRecommendation(s):\nApprove the Check and Wire Registers for April 21, 2024, through May 11, 2024, in the\namount of $25,294,859.24 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.

CC 4. Monthly Reports of Investments – April 2024.\nRecommendation(s):\nAccept and approve the April 2024 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.\nAuthorization to Submit Application(s) for All CalRecycle Grants\nRecommendation(s):\nAdopt Resolution No.24-_____, authorizing submittal of application(s) for all CalRecycle\ngrants for which the City of Lancaster is eligible.\nPublic Resources Code Section 48000 et seq. authorize CalRecycle to administer various\ngrant programs in furtherance of the State of California’s efforts to reduce, recycle and reuse\nsolid waste generated in the state, thereby preserving landfill capacity and protecting public\nhealth and safety and the environment.

CC 6. Appropriation of Funds for the 2022-2023 California Department of Resources Recycling\nand Recovery (CalRecycle) SB 1383 Local Assistance Grant (OWR4)\nRecommendation(s):\nAppropriate $456,996.00 in CalRecycle SB 1383 Local Assistance grant funds to project\nstring account ENV-OWR4.MISCGRANT, GL Code 22445000.5656, and recognize revenue\nin the same amount to 22445000.4998.\nThe Department of Resources Recycling and Recovery (CalRecycle) is administering a grant\nprogram meant to aid in implementing regulations adopted by CalRecycle under Chapter\n395, Statutes of 2016, and Budget of Act 2022. This non-competitive grant program provides\nfunding to local jurisdictions to assist with implementing programs to meet the statutory\nrequirements associated with SB 1383.

CC 7. Professional Services Agreement for SB 1383 Consulting Services\nRecommendation(s):\n1. Approve Agreement for Professional Services with Go2Zero Strategies in the amount of\n$154,052.33 for SB1383 Consulting Services.\n2. Authorize the City Manager, or his designee, to sign all documents.\nGo2Zero has completed the first round of required route audits of residential and commercial\nlocations, and the second round is due prior to 2025. If approved, this contract will help to\nkeep the City’s compliance efforts moving forward and build on the current progress.

CC 8. Final Map Approval – Tract Map No. 061547 (Located at the Northwest Corner of 30th\nStreet East and Avenue K-4)\nRecommendation(s):\nApprove the map and accept the dedications as offered on Tract Map No. 061547 located at\nthe northwest corner of 30th Street East and Avenue K-4; make findings that this project will\nnot 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.

CC 9. Revised Task Order No. 2 for Multi-Year Professional Services (Service Group Category 1 -\nConstruction Management and Inspection) Construction Management Services for PWCP 20-\n005, SR-138 (SR-14) Avenue J Interchange Improvements, Phase II\nRecommendation(s):\nApprove Revised Task Order No. 2, with DMR Team, Inc., for services in accordance with\nthe Multi-Year Professional Services Agreement Service Category Group (SGC) 1 –\nConstruction Management and Inspection, for On-Call Construction Management and\nInspection Services in the total amount of $546, 510.00 with a 5% contingency; and authorize\nthe City Manager, or his designee, to sign all documents.

CR1. Council Reports\nLANCASTER HOUSING AUTHORITY

NB1. Approve Introduction of Ordinance Establishing a Flag Policy\nRecommendation:\nIt is recommended that the City Council:\n1. Approve introduction of Ordinance No. ____, establishing a flag policy for City-owned\nor City-maintained flagpoles.\n2. Find that this item is not a project pursuant to the California Environmental Quality\nAct.\nThe primary goal of this policy is to designate and clarify that City flagpoles are not intended\nto serve as a forum for free expression or speech by the public. Instead, they will be used for\nthe display of official flags approved by the City Council. This policy will outline the specific\nflags that are permitted to be flown on City flagpoles, i.e., the United States Flag, the State of\nCalifornia Flag, the County of Los Angeles Flag and the City of Lancaster Flag.\nCOUNCIL REPORTS

PUBLIC HEARING\nPH 1. TEFRA Hearing/Approval of Exempt Facility Bonds for Caritas Affordable Housing\nRecommendation:\nAdopt Resolution No. _______ pursuant to Section 147(f) of the Internal Revenue Code of\n1986 approving the issuance of tax-exempt revenue bonds (the “Bonds”) by the California\nMunicipal Finance Authority (the “CMFA”) in an aggregate principal amount not to exceed\n$166,000,000 for the purpose of financing and refinancing the acquisition and improvement\nof the acquisition, construction, improvement and equipping of certain properties consisting\nof mobile home parks and an apartment complex (the “Project”).\nThe Bonds will be tax-exempt private activity bonds for purposes of the Internal Revenue\nCode and, as such, require the approval of the elected body of the governmental entity having\njurisdiction over the area where the project to be financed is located. In order for the City to\napprove CMFA’s issuance of the Bonds, the City must conduct a Tax Equity and Fiscal\nResponsibility Act (“TEFRA”) hearing to allow for public comment on the use of the tax-\nexempt bond financing.\nNEW BUSINESS