5/28/13 CC-Agency-Authority Minutes

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

Tuesday
May 28, 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, May 24, 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

Pastor Robert Enos, Greater Works Christian Center

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Jacqueline Sweeney
Presenter: Mayor Parris

2. Recognition of Eastside High School Art Department for the Wasteland: Turning Illegally Dumped Waste into Art Project
Presenter: Mayor Parris

3. Antelope Valley Best 2013 - The Blvd, City of Lancaster voted Best Free Entertainment
Presenter: Ronda Perez; Parks, Recreation & Arts Director

4. Antelope Valley Fair Jazz Festival - June 15, 2013
Presenters: Tim Fuller and Marco Johnson

5. Recognition of Antelope Valley Christian School students for their assistance with recent BYD events
Presenter: Mayor Parris

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of May 14, 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 April 28, 2013 through May 11, 2013 in the amount of $3,207,596.57.
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 information for each expenditure is available in the Finance Department.

CC 3. Accept and approve the April 2013, 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. 991, an ordinance of the City of Lancaster, California, amending the City Zoning Plan for 28.5± acres located at the northwest corner of Avenue J and 60^th Street West, known as Zone Change No. 11-03.
CC 4 attachment

The applicant, Pacific Communities Inc., has proposed an RPD (Residential Planned Development) with a VTTM (Vesting Tentative Tract Map) to construct 108 single-family lots and a drainage channel located at the northwest corner of 60th Street West and Avenue J. The project site is currently designated as LI (Light Industrial) and zoned LI (Light Industrial). The properties to the south and west are designated UR, zoned R-7,000. The property to the north is designated LI, zoned LI. The property to the east is designated P (Public), zoned P (Public).

CC 5. Award Housing and Neighborhood Revitalization Construction Project No. 13-HNRD207, Joshua Neighborhood Linear Park Project, to Malibu Pacific Tennis Court, Inc. of Westlake Village, California, in the amount of $218,807.00, for the rehabilitation of the linear park with stationary exercise equipment and a fitness trail and authorize the City Manager, or his designee, to sign all documents.
CC 5 attachment

On May 22, 2012, the City Council approved the Action Plan for the annual CDBG entitlement grant for developing viable urban communities that encompasses decent housing and a suitable living environment for low- and moderate-income persons which included Neighborhood Rehabilitation & Improvements for neighborhood revitalization projects in several eligible neighborhoods, including the Joshua neighborhood. The Joshua neighborhood is bounded by Avenue J, Avenue K, Division Street, and Challenger Way (10th Street East). The Joshua Vision Plan provides direction for staff and the residents of Lancaster to make change happen in the neighborhood. The Plan provides the necessary tools to compete for additional funding, to leverage funds more effectively and to remove blight, preserve work force housing and to make Lancaster the place where people want to live, work and play in the Joshua Neighborhood.

CC 6. Award Public Works Construction Project No. 13-001, Pavement Marking Program, to Chrisp Company of Bloomington, California, in the amount of $147,888.00, plus Additive Alternate A1, in the amount of $60,810.00, to bring the award total to $208,698.00, plus a 10% contingency and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Code Section 22038 (b). The determination of the lowest bid was the lowest total of the Base Bid Amount plus Additive Alternate A1.

This Measure R funded project is part of an annual program to assist the Maintenance Services Division with refreshing pavement marking. This project is focused on improving markings near schools within Lancaster.

CC 7. Annual Assessment of the Parking and Business Improvement District (BID) Levy in The BLVD Association Boundary
CC 7 attachment

A. Adopt Resolution No. 13-15, a resolution of the City Council of the City of Lancaster declaring the intention to continue a Parking and Business Improvement District (BID) also known as the Downtown Lancaster Business Improvement Area and set a public hearing to consider the continuation of the District.

B. Approve the District's FY 2012-2013 Administrative Report and Financial Statements.

The BLVD Association serves as a driving force in the ongoing revitalization of the downtown area. Since the City's streetscape transformation project was completed, the Association has become more active than ever before. Throughout the past year, the organization has hosted a number of promotional events and activities to draw patrons to The BLVD, as well as working in partnership with the City to participate in major City-sponsored events. The Association also plays an integral role in marketing for the newly-revitalized BLVD with such efforts as its website, social media, and Wedding on The BLVD marketing campaign.

In order to permit The BLVD Association to continue making such valuable contributions to our downtown, the City Council is required to re-levy the assessment for the existing Parking and Business Improvement District each fiscal year per California Streets and Highways Code Section 36500 et. seq. This staff report and resolution declare the intention to consider the continuation of the District at a public hearing to be held on June 11, 2013.

CC 8. Adopt Resolution No. 13-16, authorizing the City Manager to apply for assistance under the Southern California Association of Governments (SCAG) Sustainability Program-Active Transportation for the development of a Master Plan of Complete Streets, supporting the development of said plan, and authorizing the City Manager or his designee to execute all documents relative to this action.
CC 8 attachment

The City has been engaged in planning for and implementing active transportation over the past three years. Examples include the preparation and adoption of the Master Plan of Trails and Bikeways, implementation of projects to add bike lanes, and installation of improvements to improve pedestrian safety. Through these efforts, the City is actively working to improve the health, safety, economic vitality, and sustainability of the community. The development of "complete streets" policies and approaches, which have been shown to improve community health, provide improved safety for bicyclists, pedestrians, and motorists, and improve property values and economic activity, is an important step in continuing to build a more livable and sustainable City.

One of the steps in developing the "complete streets" approach for the City is creating a Master Plan of Complete Streets, which will provide long-term guidance in defining appropriate street designs for different areas of the community. Staff resources are already committed to working on this effort, as it is a part of the implementation for the Master Plan of Trails and Bikeways. The Master Plan of Complete Streets would also influence future decisions regarding the form and character of the City through subdivision, land use, and design requirements.

CC 9. Award a three year Professional Services Agreement for Audit Services, pursuant to RFP 566-13, to White Nelson Diehl Evans LLP for $58,000 in FY 12-13, $58,000 in FY 13-14, and $59,739 in FY 14-15, with an optional two-year extension and authorize the City Manager to execute such agreement.

The City's five year contract with Lance, Soll & Lunghard, LLP concluded with completion of the Comprehensive Annual Financial Report (CAFR) and Management Letter for FY 11-12. The City conducted an open Request for Proposal using Public Purchase web-based bidding system in April 2013 and received eight responses. The eight respondents' Technical Proposals were evaluated by a five-member committee comprised of employees in various departments throughout the City. The top four firms after the technical evaluation were invited to oral interviews on May 15-16, 2013. The panel unanimously chose White Nelson Diehl Evans LLP on the basis of expertise, experience, and fit with the City.

PUBLIC HEARING

PH 1. Service rates for the collection of refuse and recyclable materials

Recommendation:

Subsequent to publishing the Public Hearing Notice for this item, it has been determined a Public Hearing is not required.

CONTINUED BUSINESS

CB 1. Proposed Downtown Lancaster Property-Based Improvement District (PBID)
CB 1 attachment

Recommendations:

A. Adopt Resolution No. 13-14, a resolution of the City Council of the City of Lancaster accepting the petitions submitted by Downtown Lancaster property owners in support of establishing a Property-Based Improvement District (PBID) in the downtown area and declaring the intention to establish this PBID.

B. Set a Public Hearing for July 23, 2013 to consider formation of the District.

In an effort to satisfy the needs of its members and create a stable, sustainable funding source for the newly revitalized downtown area, The BLVD Association has partnered with the City of Lancaster to initiate the formation of a Property-Based Improvement District (PBID). PBIDs serve as a valuable tool to create sustainable, vibrant downtowns in cities throughout California, including Pasadena, Long Beach, and Sacramento. With the incredible growth catalyzed by the City's revitalization project, The BLVD has now reached a stage in its evolution at which it must establish a stable funding source in order to ensure the ongoing success of the downtown and its businesses. The activities and programs of the proposed PBID will work to attract new patrons, generate increased revenue, strengthen property values, and help downtown businesses thrive.

The proposed PBID would replace the existing BID and would assess property owners via their property tax bills in place of charging business owners a fee. It would utilize the resulting funds in the following major categories: Clean and Safe: 30% (i.e. security, enhanced maintenance services, janitorial services); Marketing and Promotions: 50% (i.e. advertising, marketing, special events); Advocacy and Administration: 18% (i.e. staffing to implement PBID programs, tenant attraction and retention); and a contingency (2%). The proposed PBID would be governed by a Board of Directors representing the downtown business and property owners.

NEW BUSINESS

NB 1. Non-disclosure Agreement with OEC - Lancaster, LLC (Ecolution)
NB 1 attachment

Recommendation:

Approve an agreement with OEC - Lancaster, LLC (Ecolution) to work in conjunction with the City of Lancaster to identify a plan to design and operate a Materials Recovery and Conversion Facility (MRF) in Lancaster and authorize the City Manager, or his designee, to execute all documents related thereto.

In January 2012 Ecolution representatives met with city staff to express their interest in developing and operating a MRF in Lancaster. In February 2012 the City Council entered into a Materials Recovery and Conversion Facility and a Negotiating agreement with Ecolution to discuss the possibilities of a partnership to design and construct a MRF. In May 2012 the Negotiating Agreement was extended for 90 days. MRF engineering is a rapidly advancing technology; the municipal waste industry has undergone significant evolvement in the last year. This Non-Disclosure agreement would allow Ecolution to provide comprehensive data and specifications on how the proposed MRF could operate within today's considerations.

COUNCIL AGENDA

CA 1. Discussion and possible action regarding Cal Water proposed water rate increase

Presenter: Mayor Parris

COUNCIL REPORTS

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

Presenters: Vice Mayor Crist and Council Member Mann

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(a)

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

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

• Waterhouse v. Lancaster - Case No. CV 12-00923 SJO

• Palmdale v. Lancaster - Case No. BC443280

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

• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC488907

• 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 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

Next Regular Meeting:
Tuesday, June 11, 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.