11-12-13 Council-Agency-Authority Minutes

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

Tuesday
November 12, 2013
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, November 8, 2013
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 Marvin Crist
Council Member/Agency/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann
Council Member/Agency/Authority Member Ronald D. Smith

Housing Authority

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

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: Johnson, Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

ROLL CALL

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

INVOCATION

Associate Pastor Tim Christoson, Lancaster Baptist Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Kasthuri Sivagnanam

Presenter: Mayor Parris

2. Most Business Friendly City Presentation

Presenter: Vern Lawson, Economic Development Director

3. Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting

Presenter: Pam Statsmann, Assistant Finance Director

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of October 22, 2013.

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 October 6, 2013 through October 26, 2013 in the amount of $6,056,999.58.
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 Automated Clearing House (ACH) payments 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 information for each expenditure is available in the Finance Department.

CC 3. Adopt Ordinance No. 994, an ordinance of the City of Lancaster, California, amending Title 15 of the Lancaster Municipal Code by repealing Ordinance No. 958, and adopting by reference the 2013 Edition of the California Building Code as amended herein; adopting by reference the 2013 Edition of the California Residential Code as amended herein; adopting the Lancaster Straw-bale Construction Standards as contained herein; adopting by reference the 2013 Edition of the California Electrical Code as amended herein; adopting by reference the 2013 Edition of the California Mechanical Code; adopting by reference the 2013 Edition of the California Plumbing Code as amended herein; adopting the Lancaster Security Code as contained herein; adopting by reference the 2012 Edition of the International Property Maintenance Code as amended herein; adopting by reference the 1997 Edition of the Uniform Code for the abatement of dangerous buildings as amended herein; adopting by reference the 2013 Edition of the California Energy Code as amended herein; adopting by reference the 2013 Edition of the California Historical Building Code; adopting by reference the 2014 Edition of the Los Angeles County Fire Code; and adopting by reference the 2013 Edition of the California Green Building Standards Code, as the Lancaster Codes for Buildings and Construction.
CC 3 attachment

CC 4. Accept the work constructed by Toro Enterprises, Inc. for Public Works Construction Project No. 12-007, PM 72015 Infrastructure Improvements, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 4 attachment

Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on September 15, 2013, which was within the time permitted in the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

CC 5. Award contract to Delicate Electronic Sales for the purchase of JBL Audio System for the Lancaster Performing Arts Center.

After more than 20 years, the original audio system for the Lancaster Performing Arts Center (LPAC) deteriorated beyond repair during the 2012-2013 season. Staff worked directly with a consultant who analyzed the acoustics of LPAC and provided specifications that best fit the building and included several options in various price ranges.

CC 6. Award Public Works Construction Project No. 11-002, Avenue E-8 Temporary Recycled Water Pump Station to High Desert Contractors, Inc. of Lancaster, California, in the amount of $413,344.00, plus Additive Alternate No. A1 in the amount of $18,300.00, to bring the total award to $431,644.00, plus a 10% contingency, for installation of recycled water improvements and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

This project includes facilities for storage and pumping of recycled water produced at the Lancaster Water Reclamation Plant, as well as minor repairs and improvements to the existing mainline. Storage and pumping facilities are located at the northwest corner of Division Street and Avenue E-8. Various leaking valves along the existing line will be replaced to maintain operating pressure and new air release valves will improve the flow of recycled water and prevent interruptions and delays in the system.

CC 7. Award Public Works Construction Project No. 12-010, Downtown Lancaster Gateway (Re-Bid), 10^th Street West and Lancaster Boulevard, FTIP ID LAF3830 (LA11G4T), RPSTPLE-5419(036) , to C. A. Rasmussen, Inc. of Valencia, California, in the amount of $1,772,706.44, plus all Additive Alternates in the amount of $413,956.00, to bring the total award to $2,186,662.44 plus a 10% contingency, for installation of gateway improvements and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

The project involves the construction of gateway improvements at the intersection of 10^th Street West and Lancaster Boulevard. This intersection is the westerly gateway to Downtown Lancaster and focuses on making Lancaster Boulevard a "Main Street" environment. The project includes the installation of curb extension ("bulb-outs"), landscaping enhancements around the intersection, parkways and medians and the installation of a gateway monument sign, plaza and decorative paving. This project includes $727,159.00 funded by Federal Transportation Enhancement (TE) Funds, and therefore, the City of Lancaster is prohibited from applying the Local Hiring Preference requirements. Per Local Hiring Ordinance No. 977, the City shall not apply the Local Hiring Preference when a State or Federal law or regulation prohibits the use of a Local Hiring requirement.

CC 8. Adopt Resolution No. 13-62, amending Resolution No. 12-37 by establishing the 2014 salary schedule for various temporary employee classifications.
CC 8 attachment

California Governor Jerry Brown signed Assembly Bill 10 which increases the state's minimum wage from $8.00 to $9.00 per hour on July 1, 2014. As a result, the temporary employee wage schedule has been amended to reflect this change.

CC 9. Award of Bids for the Cedar Complex Restoration Project and authorize the City Manager, or his designee, to sign all documents related to the following Bid Nos.:

• 13-HNRD024Asbestos to Eagle Contracting, Inc. in the amount of $22,200
• 13-HNRD025Concrete to Jack O'Connor Construction in the amount of $4,000
• 13-HNRD036Drywall, to So Cal Wall Inc. in the amount of $46,880
• 13-HNRD026Electrical to Electri-Com in the amount of $26,368
• 13-HNRD031IntPaint to Olympos Painting, Inc. in the amount of $57,000
• 13-HNRD031LBAbatement to Olympos Painting, Inc. in the amount of $76,000
• 13-HNRD027FinishCarpentry to Jack O'Connor Construction, Inc. in the amount of $59,325
• 13-HNRD029FloorCovering to Metro Floors in the amount of $117,587
• 13-HNRD030Landscaping to High Desert Contractors, Inc. in the amount of $22,665
• 13-HNRD035Masonry to Atkinson Masonry in the amount of $8,700
• 13-HNRD032ExtPaint to Olympos Painting Inc. in the amount of $9,000
• 13-HNRD032LBAbatement to Olympos Inc. in the amount of $102,000
• 13-HNRD033Plumbing to Corey Christensen Construction and Plumbing in the amount of $3,500
• 13-HNRD034Stucco to T & M Painting & Construction, Inc. in the amount of $163,000
• 13-HNRD037Cabinets to High Desert Contractors, Inc. in the amount of $9,400
• 13-HNRD039OrnamentalWroughtIron&Steel to Gator Steel Manufacturing & Welding in the amount of $32,705.87.

The contracts are awarded to the lowest responsible bidders per California Public Code Section 22038 (b).

The Cedar Avenue Complex is located at the following addresses: 44845 Cedar Avenue known as the Sheriff Substation, 44851 Cedar Avenue known as the Cedar Performing Arts Auditorium and Art Studios, 44857 Cedar Avenue known as the Cedar Art Gallery and 606 West Lancaster Boulevard known as the Dentist Offices. The Cedar Avenue Complex will be renovated to retain and preserve its original character with attention paid to changes that have occurred to the buildings since the 1930's.

CC 10. Accept the work constructed by Gallagher Asphalt for Public Works Construction Project No. 12-009, 2012 Pavement Preservation Re-HEAT Asphalt Project and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 10 attachment

Construction of the project has been completed to the satisfaction of the Director of Public Works. The modified scope of work on this project was completed on September 5, 2013. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

PUBLIC HEARINGS

PH 1. Amendment of Title 16 and Title 17 of the Lancaster Municipal Code - expiration of discretionary approvals in conjunction with a tentative map
PH 1 attachment

Recommendation:

Introduce Ordinance No. 995, amending Sections 16.08.190 and 17.32.170.A of the Lancaster Municipal Code, and adding Section 17.32.175 to the Lancaster Municipal Code, relating to the expiration of other discretionary approvals in conjunction with a tentative map.

The proposed ordinance would allow for the expiration dates of discretionary land use actions approved in conjunction with a tentative map to be coterminous with that tentative map. This change would permit commercial and industrial projects that also require a tentative map approval to receive the same benefits as residential projects currently enjoy. The proposed language in the ordinance is permissive rather than mandatory; this would allow the City to establish different expiration dates for related discretionary land use actions if, for some reason, having a coterminous date was not desirable.

PH 2. TEFRA Hearing/Approval of Multifamily Housing Revenue Bonds for College Park, Fernwood Senior Apartments, and Sierra Villa East
PH 2 attachment

Recommendation:

Adopt Resolution No. 13-63, pursuant to Section 147(f) of the Internal Revenue Code of 1986, approving the issuance of housing revenue bonds (the "Housing Revenue Bonds") by the California Statewide Communities Development Authority ("CSCDA") in an aggregate principal amount not to exceed $45 million, up to $22 million of which is intended to finance the acquisition and rehabilitation of the multifamily rental housing projects located in the City of Lancaster (the "City") generally known as College Park, Fernwood Senior Apartments, and Sierra Villa East.

Reliant - San Gabriel, LP ("Reliant") plans to acquire and extensively renovate 5 existing multifamily housing complexes located throughout Southern California. Three of these complexes are located within the City and are described as follows:

(a) a 61-unit rental housing development generally known as "College Park," located at 43331 30th Street West;

(b) a 76-unit rental housing development generally known as "Fernwood Senior Apartments," located at 45151 Fern Avenue; and

(c) a 91-unit rental housing development generally known as "Sierra Villa East," located at 621 East Avenue I.

The extensive renovations Reliant plans for the properties will include curing all deferred maintenance, updating 100% of the unit interiors, improving curb appeal, reducing operating and utility costs, and ensuring the longevity of each asset. The projects will be operated by FPI Management, Inc.

NEW BUSINESS

NB 1. Public Works Construction Project No. 13-026, Thermally Enhanced Ductility and Densification (TEDD)
NB 1 attachment

Recommendation:

Award Public Works Construction Project No. 13-026, Thermally Enhanced Ductility and Densification (TEDD), to Advanced Facility Support of Wrightwood, California, in the amount of $127,831.00, plus a 10% contingency and authorize the City Manager, or his designee, to sign all documents; award contract on a sole source basis.

Through the Public Works Department's consistent efforts to seek out sustainable pavement maintenance technology, we have developed a relationship with Ecostar Science and Technology. By doing so, we have discovered new pavement maintenance technology we believe will forever change the way asphalt roadways are maintained and repaired. The process and materials referred to herein have been under development by scientists of the highest qualifications for over twenty years. Though the process has not been utilized on a commercial production basis to date, we have taken part in trials that have exhibited superior results and withstood the most destructive laboratory tests in the industry. Ecostar Science and Technology is in the beta phase of commercial production machinery and equipment necessary to apply this technology and we believe that the City of Lancaster is the best place in the nation to put it to use. The intent of this project is to work hand in hand with Ecostar and their subsidiary contractor, Advanced Facility Support, to utilize the beta production units in real life scenarios.

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority

Presenter: Vice Mayor Crist

CR 2. Report on the activities of the Board of Directors for the Antelope Valley Air Quality Management District (AVAQMD)

Presenter: Vice Mayor Crist

LANCASTER FINANCING AUTHORITY

No action required at this time.

LANCASTER HOUSING AUTHORITY

No action required at this time.

LANCASTER POWER AUTHORITY

No action required at this time.

LANCASTER SUCCESSOR AGENCY

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 - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) - three potential cases.

Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)

• Coalition for Open Government v. City of Lancaster, Case No. BC499047

• Quartz Hills Cares v. City of Lancaster, Case No. BS 122336

• Palmdale v. Lancaster - Case No. BC443280

• Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649

• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)

• 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 District
  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

• Shabazz v. Parris, USDC, Central Case No. CV12-5803 SVW (JEM)

ADJOURNMENT

Next Regular Meeting:

Tuesday, December 10, 2013 - 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.