Lancaster — 2024-10-22

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

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

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

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. 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

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

CC 10.Award of Bid for PWCP 21-023 PH2 Landscape Restoration Program and Task Order for\nMulti-Year Professional Services (Service Group Category 16 – Labor Compliance)\nRecommendation(s):\n1. Award Public Works Construction Project (PWCP) 21-023 PH2, Landscape Restoration\nProgram, to Marina Landscape, Inc, of Orange, California, in the amount of $4,251,985.00\n(plus a 20% contingency), to replace landscaping and irrigation systems along the Sierra\nHighway Bike Path from Avenue J to Avenue M and authorize the City Manager, or his\ndesignee, to sign all documents. This contract is recommended for award in accordance with\nCalifornia Public Contract Code Section 22038(b).\n2. Find the City has complied with the California Environmental Quality Act. A Notice of\nExemption was filed on October 17, 2024.\n3. Authorize Task Order expenditure amount of $42,519.85, (plus a 5% contingency), for\nlabor compliance services award to the successful firm in Multi-Year Professional Services\nAgreement, Service Group Category (SGC) 16 - Labor Compliance.\nThe proposed project is funded by Proposition A and the General Fund, and will replace\nlandscaping and irrigation systems along the Sierra Highway Bike Path from Avenue J to\nAvenue M. This project is Phase 2 in the Landscape Restoration Program.

CC 2. Approve the City Council/Successor Agency/Financing/Housing/Power Authority Regular\nMeeting Minutes of October 08, 2024.

CC 3. Check Registers – September 22, 2024, through October 5, 2024.\nRecommendation(s):\nApprove the Check and Wire Registers for payments made September 22, 2024, through\nOctober 5, 2024, in the amount of $10,176,958.32 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 and paid by the City for the\npurchase of materials, supplies, services, and capital projects during the prior three to four\nweeks.

CC 4. Fleet Program Single Vendor Expenditure Authority Increase and Appropriation\nRecommendation(s):\n1. Increase the City Manager’s, or his designee, single-vendor expenditure authority to the\nbudgeted amount for the fleet fund capital asset purchase and lease accounts through the end\nof FY 2024-2025, and require the City Manager to report purchases in excess of the\npurchasing authority to the City Council in writing; and\n2. Appropriate $240,000.00 into account 111-44097-82000; and\n3. Authorize the City Manager, or his designee, to execute and sign all documents.\nTo address this, the Maintenance Services Division is proposing an increase in the City\nManager’s expenditure authority for single-vendor vehicle and equipment purchases. This\nincrease would align with the approved capital asset budget for fleet funds, and allow staff to\nact quickly when working with vendors, securing the best possible deals. The proposed\nadjustment would streamline the vehicle procurement process, while maintaining compliance\nwith the City’s purchasing policies.

CC 5. Award of Bid and Task Order for Multi-Year Professional Services (Service Group Category\n16 - Labor Compliance) - PWCP 23-029 - Avenue L and 5th Street East Drainage\nImprovements\nRecommendation(s):\n1. Award Public Works Construction Project (PWCP) 23-029, Avenue L and 5th Street East\nDrainage Improvements, to R.C. Becker and Son, Inc. of Santa Clarita, California, in the\namount of $948,554.01, (plus a 10% contingency), to construct drainage improvements at the\nsoutheast corner of Avenue L and 5th Street East. This contract was awarded per California\nPublic Contract Code Section 22038(b). Authorize the City Manager, or his designee, to sign\nall documents.\n2. Find the City has complied with the California Environmental Quality Act. A Notice of\nExemption was filed on June 19, 2007.\n3. Authorize Task Order expenditure amount of $9,485.00, (plus a 5% contingency), for\nlabor compliance services award to the successful firm in Multi-Year Professional Services\nAgreement, Service Group Category (SGC) 16 - Labor Compliance.\nThe proposed project is funded by the local fund, Drainage Developer Fees. This project will\ninclude constructions of Master Plan of Drainage inlet, storm drainpipe, water systems and\nancillary street improvements at the southeast comer of Avenue L and 5th Street East.

CC 6. Authorize Deed Restriction for Skytower Park\nRecommendation(s):\nA. Authorize the execution of a deed restriction for Skytower Park.\nB. Authorize the City Manager, or his designee, to execute and submit all documents related\nto the Deed Restriction.\nOn July 1, 2020, the City of Lancaster was approved for funding through the California\nOffice of Grants and Local Services (OGALS) Prop 68 Per Capita Grant Program, to enhance\noutdoor fitness amenities at Skytower Park, located at 43434 Vineyard Dr, Lancaster, CA\n93535. This funding enabled the construction of a new outdoor exercise station, featuring\nstate-of-the-art equipment adjacent to the basketball court. As a condition of the grant, the\nCity must file a deed restriction to ensure the property remains dedicated to public recreation\nand fitness

CC 7. Approval of the Carryover Water Transfer Agreement between the City of Lancaster and the\n50th District Agricultural Association\nRecommendation(s):\n1. Approve the Carryover Water Transfer Agreement between the City of Lancaster and the\n50th District Agricultural Association (50th District) to transfer 192-acre feet (AF) of\ncarryover water that the 50th District has banked since the Water Adjudication Judgement\nwas finalized.\n2. Approve an additional transfer of 32 AF of carryover water per year from the 50th District\nto the City. This includes a total of 160 AF of carryover water over a five-year period.\n3. Approve the Transfer Request Form, which will be submitted jointly by the City of\nLancaster and 50th District to the Antelope Valley Water Master (Water Master) for approval\nof the transaction. Approve any future transfer request forms submitted by the City and 50th\nDistrict to complete this carryover water transfer agreement.\n4. Authorize the City Manager, or his designees, to execute all documents and make any non-\nsubstantive changes necessary to complete the transaction.\nAs a participant in the Antelope Valley Ground Water Adjudication, the 50th District received\n32 AF of permanent ground water rights, which they are currently not utilizing for their site\nand have no plans to utilize in the future. This water has been carried over as allowed by the\nWater Adjudication Judgment. The Adjudication ruling allows the 50th District to transfer\ncarryover water rights to another State or local agency of their choosing.

CC 8. Ordinance Repealing Chapter 2.39 of the Lancaster Municipal Code Regarding Social Equity\nCommission\nRecommendation(s):\nAdopt Ordinance No. 1120 repealing Chapter 2.39 of the Lancaster Municipal Code\nregarding Social Equity Commission.\nThe Antelope Valley, and primarily the cities of Palmdale and Lancaster, share many common\ngoals, interests and quality of life issues. Having two separate municipal commissions (the\nSocial Equity Commission in Lancaster and the Human Rights Advisory Committee in\nPalmdale), each with similar goals and objectives, dilutes the efficacy and benefits that would\nbe enhanced by a joining of these community-oriented groups.

CC 9. Monthly Reports of Investments – August & September 2024\nRecommendation(s):\nAccept and approve the August and September 2024 Monthly Report of Investments as\nsubmitted.\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.

HA CC 1.​Subordination Agreement, allowing Urban Renual, L.P. to Proceed with a Refinance of the\nSenior Loan for Arbor Gardens Senior Apartments​\nRecommendation(s):\n​1. Adopt Resolution No. 24 - authorizing the Executive Director, or his designee, to\nfinalize terms, modify, and execute a subordination agreement in a form approved by the\nCity Attorney with respect to a $3,300,000.00 Lancaster Housing Authority Loan, a\n$475,000.00 Lancaster Housing Authority (“Authority”) loan, and a new loan of\n$5,900,000.00 from PNC Bank, National Association, allowing Urban Renual, L.P. to\nproceed with mortgage refinance of the senior loan for Arbor Gardens Senior Apartments. ​\n2. Authorize the Executive Director, or his designee, to execute all related documents.\n​PNC Bank, National Association is making a loan to Urban Renual L.P. in the original\nprincipal amount of $5,900,000.000 (Senior Loan), upon the terms and conditions of a\nMultifamily Loan and Security Agreement dated as of October 31, 2024. The Senior Loan\nis secured by a Multifamily Deed of Trust, Assignment of Rents, Security Agreement and\nFixture Filing.\nCOUNCIL ACTIONS\nCONSENT CALENDAR

NB 1. Ordinance Adding Chapter 8.34 to the Lancaster Municipal Code Relating to the Sale of\nEnergy Drinks to Persons Under the Age of 18\nRecommendation(s):\nIntroduce Ordinance No. ______ adding Chapter 8.34 to the Lancaster Municipal Code\nrelating to the sale of energy drinks to persons under 18 years of age.\nIn order to protect the public health, safety and welfare of persons under the age of eighteen\n(18) years of age, the City Council of the City of Lancaster has determined it is necessary to\nprohibit the sale , distribution, giving away or offering of energy drinks to persons under the\nage of eighteen (18) years old. Research has shown that the consumption of energy drinks by\npersons under the age of eighteen years old have several negative effects.\nNB 2. Lancaster Eats Support Program Overview and Implementation\nRecommendation(s):\n1. Authorize the City Manager or his designee to finalize and execute loan agreements for\namounts up to $25,000, along with associated operating covenants, between the City of\nLancaster and Lancaster Eats Support Program participants.\n2. Authorize the City Manager or his designee to execute all related documents.\nThe Lancaster Eats Support Program (LESP) was established to stimulate the local economy\nby attracting and supporting small, independent restaurants, wineries, craft breweries,\neateries, and distilleries. This initiative aims to fill vacant commercial spaces with sustainable\nand dynamic businesses, thus enhancing the vibrancy and diversity of Lancaster's\ncommunity.

PUBLIC HEARING\nPH 1. Mitigation Fee Act (AB 1600) Report for Fiscal Year 2024.\nRecommendation(s):\nStaff recommends the City Council receive and file the Mitigation Fee Act (AB1600) Report\non Development Impact Fees for the fiscal year ending June 30, 2024.\nThe AB 1600 report consists of a brief description of the fee type in the account or fund, the\namount of the fee, the beginning and ending balance of the account or fund, the amount of\nfees collected and the interest earned, if any. If there are funds in the account then there is\nalso a requirement to make a finding that there is a reasonable relationship between current\nneeds for and the purposes for which they were originally collected.