9-11-12 CC-Agency-Authority Minutes

CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/HOUSING/POWER AUTHORITY
REGULAR MEETING
AGENDA

Tuesday
September 11, 2012
Regular Meeting – 5:00 p.m.
Council Chambers – Lancaster City Hall
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted
by 5:00 p.m. on Friday, September 7, 2012
at the entrance to the Lancaster City Hall Council Chambers.
44933 Fern Avenue, Lancaster, CA 93534

LEGISLATIVE BODY

City Council/Successor Agency/Financing/Power Authority

Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Ronald D. Smith
Council Member/Agency/Authority Member Marvin Crist
Council Member/Agency/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann

Housing Authority

Chair Kitty Kit Yee Szeto
Vice Chair Ronald D. Smith
Authority Member Marvin Crist
Authority Member Cassandra Harvey
Authority Member Ken Mann

AGENDA ITEMS TO BE REMOVED
Sometimes it is necessary to remove items from the agenda. We apologize for any inconvenience this may cause you.

PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS
Any person who would like to address the City Council, Successor Agency, and Power/Financing/Housing Authorities on any agendized item is requested to complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the agenda item you would like to discuss. Each person will be given an opportunity to address the Legislative Body at the time such item is discussed. Speaker cards are available at the rear of the Council Chambers and your speaker card must be filled out prior to the agenda item being called. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. Individual speakers are limited to three (3) minutes each.

Consent Calendar items under the Legislative Body may be acted upon with one motion, a second and the vote. If you desire to speak on an item or items on the Consent Calendar, you may fill out one speaker card for the Consent Calendar. You will be given three minutes to address your concerns before the Legislative Body takes action on the Consent Calendar.

CALL TO ORDER
City Council/Successor Agency/Financing/Housing/Power Authority

ROLL CALL
City Council/Authority Members: Crist, Johnson, Mann; Vice Mayor/Vice Chairman Smith, Mayor/Chairman Parris

ROLL CALL
Housing Authority Members: Crist, Harvey, Mann; Vice Chairman Smith; Chair Szeto

INVOCATION
Father Charles Threewit, St. Andrews Anglican Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Helen Putnam Award - Lancaster Holistic Approach to Healthy Neighborhoods
   Presenter: Housing Director, Elizabeth Brubaker

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of August 28, 2012.

CONSENT CALENDAR

HA CC 1. Approve a Real Property Transfer Agreement, accepting certain real property from Orville Hernvall and authorize the Executive Director or his designee to execute all necessary documents.

On July 31, 2012, staff received a telephone call from property owner Orville Hernvall regarding the possible donation of vacant land to the Lancaster Housing Authority. Mr. Hernval owns an approximate 9,820 square foot lot on the southeast corner of Avenue H and Kingtree Avenue. The property is of particular interest to the Desert View Neighborhood Vision Plan’s revitalization efforts because of its northern gateway location to the Desert View Neighborhood. The undeveloped property contains approximately 40 feet of frontage on West Avenue H and approximately 242 feet of frontage on Kingtree Avenue. The Housing Authority is authorized and empowered to enter into agreements for the acquisition, disposition and lease of real property pursuant to the Health & Safety Code Sections 34200-34380, to eliminate blight and improve the neighborhood for low and moderate income households.

HOUSING AUTHORITY ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/Power Authority Regular Meeting minutes of August 28, 2012.

CONSENT CALENDAR

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

CC 2. Approve the Check and Wire Registers for August 12, 2012 through August 25, 2012 in the amount of $4,082,999.34.
CC 2 attachment

At each regular City Council Meeting, the City Council is presented with the financial claims (invoices) against the City for purchase of materials, supplies, services, and capital projects for checks and wires issued the prior two to three weeks. This process provides the City Council the opportunity to review the expenses of the City. The justifying backup for each expenditure is available in the Finance Department.

CC 3. Accept and approve the July 2012, Monthly Report of Investments as submitted.
CC 3 attachment

Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report. These component units include: the City of Lancaster and the Lancaster Housing Authority.

CC 4. Adopt Ordinance No. 981 adding Chapter 9.44 to the Lancaster Municipal Code relating to registered sex offenders.
CC 4 attachment

The ordinance adds Chapter 9.44 to the Lancaster Municipal Code and imposes restrictions and regulations upon registered sex offenders in addition to those imposed under state law. The ordinance is intended to supplement, not to conflict with, existing state law by imposing more stringent restrictions on the locations where registered sex offenders may reside and by imposing restrictions on the locations that registered sex offenders may frequent.

CC 5.

1. Approve the plan for use of Safe Routes to School (SR2S) funding, which includes: Increase estimated revenues in Account No. 349-3307-200 by $450,000.00 and appropriate $450,000.00 in SR2S funds to Capital Improvement Budget Account No. 349-15ST037-924.
2. Approve the budget transfers of $75,000.00 from Capital Improvement Budget Account No. 209-15ST032-924 to Capital Improvement Budget Account No. 209-15ST037-924, and $150,000.00 from Capital Improvement Budget Account No. 209-15ST026-924 to Capital Improvement Budget Account No. 209-15ST037-924.

The Safe Routes to School (SR2S) program is intended to increase the number of children who walk or bicycle to school by funding projects that remove the barriers that currently prevent them from doing so. These barriers may include the lack of infrastructure, unsafe infrastructure, and the lack of programs that promote walking and bicycling.

$450,000.00 was received for improvements at Gifford C. Cole Middle School and Tierra Bonita Elementary School that include new sidewalk and pedestrian paths, new bike lanes, and ADA compliant pedestrian curb ramps and bulb-outs at street intersections. Gifford C. Cole Middle School and Tierra Bonita Elementary School were selected based on the need for safety improvements for students walking or bicycling to and from school. The Eastside Union School District and the individual schools were consulted in the development of the project applications. In addition to the proposed infrastructure improvements, SR2S funds will also be used to help the schools develop programs that promote walking and bicycling through education and encouragement programs aimed at the children, parents, and the community.

CC 6. Approve the plan for use of Safe Routes to School (SR2S) funding, which includes: Increase estimated revenues in Account No. 349-3307-200 by $450,000.00 and appropriate $450,000.00 in SR2S funds to Capital Improvement Budget Account No. 349-15ST032-924.

The Safe Routes to School (SR2S) program is intended to increase the number of children who walk or bicycle to school by funding projects that remove the barriers that currently prevent them from doing so. These barriers may include the lack of infrastructure, unsafe infrastructure, and the lack of programs that promote walking and bicycling.

$450,000.00 will be used for improvements at John and Jacquelyn Miller Elementary School. These improvements will include the construction of a new traffic signal, new sidewalk and pedestrian paths, new bike lanes, streetlights, ADA compliant pedestrian curb ramps, and pedestrian bulb-outs at street intersections to reduce crossing distances.

John and Jacquelyn Miller Elementary School was selected based on the need for safety improvements for students walking or bicycling to and from school. The Lancaster School District and the individual school were consulted in the development of the project applications. In addition to the proposed infrastructure improvements, SR2S funds will also be used to help the schools develop programs that promote walking and bicycling through education/encouragement programs aimed at the children, parents, and the community.

PUBLIC HEARING

PH 1. Amendment to the contract between the City Council of the City of Lancaster and the Board of Administration of the California Public Employees’ Retirement System
PH 1 attachment

Recommendations:

1. Adopt the Resolution of Intention to approve an amendment to the contract between the City Council of the City of Lancaster and the Board of Administration of the California Public Employees’ Retirement System.
2. Introduce Ordinance No. 982, authorizing an amendment to the contract between the City Council of the City of Lancaster and the Board of Administration of the California Public Employees’ Retirement System.

As part of the City’s Meet and Confer process, agreements were reached between the City and its employees for a new three year benefit package. These agreements were approved by the City Council at its meeting of June 26, 2012. The agreements require the City to contract with CalPERS for the 2.7% at age 55 benefit option to replace the current 2.0% at age 55 benefit option and .7% PARS supplement. In exchange, employees agreed to pay a portion of the City’s cost for providing that benefit starting in January 2013 with a salary deduction of 2.5% and increasing in January 2014 to 3.5% and in July 2014 to a full 4% deduction. (This change does not increase the retirement benefit for employees but it does require employees to pay a portion of their pension costs.)

NEW BUSINESS

NB 1. Funding for the Year-Round Shelter Program

Recommendation:
Appropriate $76,479.00 into Account No. 261-4542-771 from Los Angeles Homeless Services Authority (LAHSA) for the Year-Round Shelter Program (YRP). Funds received will be used to offset eligible program expenditures and are currently budgeted in account 261-3307-100.

On August 23, 2011, the City entered into an agreement with LAHSA to receive YRP funding for the 2011-2012 program year. The agreement allowed LAHSA and the City to extend the agreement upon mutual consent for one additional year, 2012-2013, in order to provide funding for eligible activities associated with the YRP. On August 2, 2012, LAHSA authorized the release of YRP funds by issuing an amendment to the existing contract.

The YRP is a program established to address the basic shelter and service needs of homeless persons and will operate between July 1, 2012 and June 30, 2013. The funds will be for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter.

NB 2. Extension and Modifications to the April 2007 Amended and Restated Agreement for the Collection of Solid Waste between the City of Lancaster & Waste Management of Antelope Valley

Recommendation:
Authorize the City Manager and City Attorney to revise and execute an extension and modifications to the April 2007 Amended and Restated Agreement for the Collection of Solid Waste between the City of Lancaster & Waste Management (WM) of Antelope Valley as specified in this staff report. Authorize the City Manager, or his designee, to sign all documents.

The City of Lancaster has granted to Waste Management Inc. (WMI) a franchise for the collection and disposal of solid waste and recyclable materials since 1991. In April 2007, the City Council authorized modifications to the franchise agreement to update the contract language and overall service requirements. This was necessitated by numerous changes to state law, regulations, and case law; and a desire to modify rate escalators and related fees, the term of the agreement, and overall service levels.

City and Waste Management representatives have agreed and recommend Agreement modifications which would extend the Agreement for a 10 year period, through June 30, 2027. The City of Lancaster will receive $6.9 million in one-time fees from Waste Management in February 2013. The annual franchise fee rate will increase from 8.11% to 17% of total gross receipts for the period of July 1, 2017 through June 30, 2027, along with an additional $1 million annually in impact fees for that same period of time. This increase in the franchise fee and impact fees will provide an approximate $3 million increase annually to the City beginning in July 2017. Lancaster residential customers of Waste Management will receive a 2% monthly rate decrease from existing monthly rates, and commercial/industrial customers will receive a 3% monthly rate increase from existing monthly rates, through June 2013; these rate adjustments replace what would have been a cumulative 9.9% residential and 13.1% commercial/industrial rate increase, which Waste Management was entitled to impose in July 2011 and July 2012.

NB 3. Report from City Attorney discussing review and possible future revisions to City Ordinances including - Chronic Nuisance Ordinance, Rental Business License Ordinance, Noise Ordinance and Building Code Ordinance.

LANCASTER SUCCESSOR AUTHORITY
No action required at this time.

LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER AUTHORITY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK / AGENCY / AUTHORITY SECRETARY ANNOUNCEMENT

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the City Council/Successor Agency on any item NOT ON THE AGENDA regarding City/Agency business and speaker cards must be submitted prior to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency Secretary and identify the subject you would like to address. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the City Council/ Successor Agency meeting and we appreciate your cooperation. State law prohibits the City Council/ Successor Agency from taking action on items not on the agenda and your matter will be referred to the City Manager/Executive Director. Individual speakers are limited to three (3) minutes each.

COUNCIL / AGENCY COMMENTS

CLOSED SESSION

Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(a)

• The Community Action League v. City of Lancaster - United States District Court Case No. 11-CV-4817-ODW-VBK
• CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC45017
• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
• Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791
• Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079
• Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501
• ANTELOPE VALLEY GROUNDWATER CASES
  Included Actions:
  Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
  Superior Court of California, County of Los Angeles, Case No. BC325201;
  
  Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
  Superior Court of California, County of Kern, Case No. S-1500-CV-254-348
  
  Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v. City of Lancaster, Diamond Farming Co. v. Palmdale Water Dist.,
  Superior Court of California County of Riverside, consolidated actions;
  Case Nos. RIC 353 840, RIC 344 436, RIC 344 668
  
  Santa Clara Case No. 1-05-CV 049053

ADJOURNMENT (Agency, Council and Authority)
In memory and honor of the victims and heroes of September 11, 2001, they will always be remembered.
Next Regular Meeting:
Tuesday, September 25, 2012 - 5:00 p.m.

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk Department at (661) 723-6020. Services such as American Sign Language interpreters, a reader during the meeting, and/or large print copies of the agenda are available. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AGENDA ADDENDUM INFORMATION
On occasion items may be added after the agenda has been mailed to subscribers. Copies of the agenda addendum item will be available at the City Clerk Department and are posted with the agenda on the windows of the City Council Chambers. For more information, please call the City Clerk Department at (661) 723-6020.