10-14-14 CC-Agency-Authority Minutes

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

Tuesday
October 14, 2014
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, October 10, 2014
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

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 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/Power Authority

ROLL CALL

City Council/ Agency Directors /Authority Members: Johnson, Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Pastor Arnwine, Prevailing Word Christian Center

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month - Sean McElroy, Quartz Hill High School
   Presenter: Mayor Parris

2. Presentation to Streets of Lancaster Grand Prix winners
   Presenter: Mayor Parris

3. Recognition of the SoCal Terror Baseball Team
   Presenter: Mayor Parris

4. Recognition of the 2014 Miss Black AV Pageant Winners
   Presenter: Mayor Parris

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of September 23, 2014.

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 September 7, 2014 - September 27, 2014 in the amount of $4,688,795.62.
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. Approve and accept for maintenance the developer constructed streets for Tract 53102-02, located at the northwest corner of Avenue J-12 and 45^th Street West. Owner: Magnolia L.P.
CC 3 attachment

The streets have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 4. Approve and accept the following developer installed sanitary sewer and accept this sewer for maintenance by the City and for public use for Tract 53102-02, located at the northwest corner of Avenue J-12 and 45^th Street West. Owner: Magnolia L.P.
CC 4 attachment

The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 5. Approve the lease agreement with Freedom Telecommunications, LLC for the non-exclusive use of 15.04 miles of existing and available duct space for a term of five (5) years, with the option of three (3) successive five (5) year extensions.
CC 5 attachment

The City of Lancaster authorized Freedom Telecommunication to lease 15.04 miles of duct space through the City's existing 2-inch duct network for the installation and use of up to 96 strand fiber optic communication cable, and to install 10.58 miles of 24 strand fiber optic communication cable in this space for the City's use, in the summer of 2010. This agreement memorializes the installation and lease of City fiber optic infrastructure with Freedom Telecommunications, LLC dba Wilcon.

CC 6. Approve a Memorandum of Understanding (MOU) between the City of Lancaster (Lancaster) and the City of Palmdale (Palmdale) to design and construct the North County Traffic Forum Intelligent Transportation System (ITS) Expansion Project improvements and authorize the City Manager or his designee to execute all documents and make any non-substantive changes necessary to complete the transaction.
CC 6 attachment

This project will upgrade the Lancaster Central Traffic Control Management Software to allow for an adaptive traffic signal control system and connection to the Los Angeles County Information Exchange Network (IEN). The upgrades will include: deployment of an adaptive traffic control system, installation of new and/or upgrading traffic signal controllers, and installation of new, upgraded communications equipment.

CC 7. Approve agreement for acquisition of real property between the City of Lancaster and Gary Spilak and Betty Lou Spilak, husband and wife as joint tenants for property located at 45040 8^th Street East, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 7 attachment

On February 22, 2011, pursuant to the Dodd-Frank Act of 2010, the City Council received and appropriated $2,364,566 for the Neighborhood Stabilization Program from the U.S. Department of Housing and Urban Development for NSP 3. The City received $1,096,136 in Program Income revenues from the sales of the NSP 3 homes which will be used to acquire, rehabilitate, and then resell the foreclosed homes. In addition, the City has $492,959 available from the original NSP 3 award, both of which will be used to purchase, rehabilitate, and then resell foreclosed homes in the expanded target areas as outlined in the Second Substantial Amendment to the Community Development Block Grant (CDBG) Consolidated Annual Action Plan approved May 27, 2014.

CC 8. Appropriate $55,882 in CalRecycle Waste Tire Cleanup grant funds to expenditure accounts shown below, and estimate revenue in the same amount to 330-3304-208.

The CalRecycle Waste Tire Cleanup Grant will allow for the removal of waste tires on public and private property for cases meeting specific criteria. The intent of the Waste Tire Program is to directly increase services to our citizens and the community as a whole, and enhance efforts to remove waste tires that are a health and safety hazard and a source of blight within the City.

CC 9. Adopt Resolution No. 14-61, authorizing the submittal of applications to the California Department of Resources Recycling and Recovery (CalRecycle) under the Local Government Waste Tire Cleanup and Enforcement Grant Programs for which the City of Lancaster is eligible; and if selected, approving the execution of standard agreements and any amendments thereto, and any related documents necessary to participate. Authorize the City Manager or his/her designee to execute any documents necessary to receive such funds, and to take actions as needed to facilitate all eligible grants applied for through the CalRecycle Local Government Waste Tire Cleanup and Enforcement Grant Programs.
CC 9 attachment

The Housing and Neighborhood Revitalization Department staff routinely submits applications to CalRecycle in order to receive grant funds for the Local Government Waste Tire Cleanup and Enforcement Grant Programs. An approved resolution is required to adopt and implement these grant programs. As efforts are successful in acquiring the award of these funds, the City will use the funds to address complaints and conduct inspections on established businesses that have a Tire Program Identification Number. The City will also conduct inspections on non-active or illegal waste tire businesses and participate in clean-up activities throughout the City of Lancaster.

CC 10. Adopt Resolution No. 14-62, authorizing the sale of delinquent taxes and assessments, in whole or in part, for any one or more of the covered fiscal years, for a minimum purchase price of 110% of the amount thereof.
CC 10 attachment

The City is entitled to revenues from property tax levies made for a variety of different purposes. The 1% "Ad Valorem" levy is levied county-wide and allocated to public agencies in accordance with certain allocation factors and other applicable state laws. Other levies, like those made for sewer maintenance services, special taxes, and assessments levied for community facilities districts ("CFDs") and/or assessment districts ("ADs") and levies made in any landscape and lighting districts, and so on, are considered "direct levies," the proceeds of which belong 100% to the City.

NEW BUSINESS

NB 1. Property ExchangeAgreement with Lancaster School District
NB 1 attachment

Recommendation:

Approve the proposed property exchange agreement, allowing the Lancaster School District to acquire fee simple interest in the former Halley Olsen Mortuary property, which will be utilized to expand student resources. The agreement will also terminate a lease that the District has concerning a three acre parcel at the City Maintenance Yard, which will become the site of the manufacturing plant for the City's partnership with Ecostar. The former Mortuary Property has been appraised at $126,000 more than the lease-hold interest at the City Maintenance Yard. To compensate for this difference, the Lancaster School District will also provide the City with additional access to its gymnasiums, which will permit increased community activities, such as additional teams for the City's Basketball Leagues.

NB 2. 2014-2015 Lancaster Youth Commission

Recommendation:

Nominate and appoint Karen Ventura, Elizabeth Maymoun, Bobby Mubarkeh, Connor McCormick, Moriah Mitchell, Jamie Sanchez and Creed Broadwater to the 2014-2015 Lancaster Youth Commission.

The Lancaster Youth Commission was created by the City Council in January of 1992 to provide a forum for the young people of Lancaster to give input regarding the needs and concerns of the youth of this community. Youth Commissioners are nominated by the different high schools in the Lancaster area. The schools include: Antelope Valley, Bethel Christian, Eastside, Lancaster, and Quartz Hill High School. The Commission currently meets once a month from the start of the school year until the end of May.

NB 3. Agreement with Golf Guys, Inc.
NB 3 attachment

Recommendation:

Approve the agreement between the City of Lancaster and Golf Guys, Inc., dba Birdie's, for the operation and management of the Lancaster Golf Center, located at 431 E. Avenue K-4.

The facility was vacated by the previous tenant and left in a state of disrepair. The City will be renovating the facility using Capital Improvement Program (CIP) funds and recommends entering into an agreement with Golf Guys, Inc., dba Birdie's, the current owner and operator of Birdie's Driving range located on 10^th Street West, to operate the facility. Upon approval of this agreement, the rehabilitation will take approximately four months.

NB 4. Agreement for Data Manager Services with Noble Americas Energy Solutions, LLC
NB 4 attachment

Recommendation:

Approve the Master Professional Services Agreement and Addendum for Data Manager Services with Noble Americas Energy Solutions, LLC (Noble) for the Data Manager services for the Community Choice Aggregation (CCA), effective November 1, 2014 through December 31, 2019, for an amount not to exceed $1,100,000 annually and authorize the City Manager or his designee to execute and submit all related documents.

On May 16, 2014 staff released a Request for Information and Qualifications (RFI) for Energy Supply and Data Management Services. On June 16, 2014, the City received 13 responses overall. There were six responses for Data Management and related services. An evaluation committee reviewed and ranked the RFI responses based on the criteria set forth in the RFI, and interviewed the top three finalists. The criteria included: startup support services, electronic data interchange services, customer support services, call center services, pricing, and experience with State of California regulatory agencies, CCAs and their customers. Noble ranked the highest, and currently provides similar services to the other two operating CCAs in the state, Marin Clean Energy and Sonoma Clean Power.

NB 5. Update on Planning Commission development of Better Built Homes Incentive Program

Recommendation:

Receive update on Better Built Homes Incentive Program.

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for District No. 14 of the County Sanitation Districts of Los Angeles County - September 18, 2014 meeting
Presenter: Council Member Mann

CR 2. Council Reports

LANCASTER HOUSING 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.

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

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

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

3. Conference with Labor Negotiators pursuant to Government Code section 54957.6 to discuss salaries, salary schedules, compensation paid in the form of fringe benefits and regular/overtime schedules.

City designated representatives: Mark V. Bozigian, Beverly Glode

Employee Organizations: California Teamsters, Public, Professional and Medical Employees Local 911 and Lancaster Code Enforcement Association

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

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

6. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336

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

8. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior Court Case No. BS 121501.

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

10. 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

ADJOURNMENT

Next Regular Meeting:
Tuesday, October 28, 2014 - 5:00 p.m.

MEETING ASSISTANCE INFORMATION

In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this meeting, please contact the City Clerk 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. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing sign language interpreters, five or more business days notice is strongly recommended. For additional information, please contact the City Clerk at (661)723-6020.

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.

All documents available for public review are on file with the City Clerk Department.