11-12-14 CC-Agency-Authority Minutes

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

Wednesday
November 12, 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, November 7, 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 Members / Agency Directors /Authority Members: Johnson, Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Presentation to Robert Neal, Development Services Director for his dedicated service to the City of Lancaster
   Presenter: Mayor Parris and Mark Bozigian, City Manager

2. Presentation to Fran Sereseres
   Presenter: Mayor Parris

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of October 28, 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 October 12, 2014 through October 25, 2014 in the amount of $6,166,055.75.
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 street for Director's Review No. 09-24, located east of 17^th Street East and south of Kettering Street, Owner: Lancaster School District.
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 an amendment to the Subdivision Undertaking Agreement submitted by AVI MMK Management, Inc. ("Developer") for Conditional Use Permit No. 05-11, located on the south side of Avenue I, approximately 260 feet west of 20^th Street West, extending the date of completion to June 30, 2015.
CC 4 attachment

On October 9, 2013, the City and Developer entered into a Subdivision Undertaking Agreement to complete the required improvements for Conditional Use Permit No. 05-11. The agreement expired October 9, 2014. On October 1, 2014, the City Engineer received a letter from the Developer requesting an extension. Staff recommends that Council approve an Amendment to the existing Subdivision Undertaking Agreement submitted by AVI MMK Management, Inc. for Conditional Use Permit No. 05-11, extending the date of completion to June 30, 2015.

CC 5. Approve the plan for use of Active Transportation Program (ATP) funding, which includes:

a) Increase estimated revenues in Account No. 399-3301-301 by $85,000.00 for Fiscal Year 2014-2015

b) Appropriate $85,000.00 in ATP funds to Capital Improvement Account No. 399-15ST055-924, 5^th Street East Corridor Improvements Project

The ATP is a new program that consolidated existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School (SRTS), into a single program with a focus to make California a national leader in active transportation. The purpose of ATP is to increase use of active modes of transportation by increasing the proportion of trips accomplished by biking and walking, increase safety and mobility for non-motorized users, enhance public health, ensure that disadvantaged communities fully share in the benefits of the program, and to provide a broad spectrum of projects to benefit many types of active transportation users.

CC 6. Approve the appropriation of $322,000.00 from the California Department of Transportation (Caltrans) reimbursement program for the Active Transportation Program (ATP) to Revenue Account No. 399-3301-302 and corresponding Expense Account Nos. 399-4782-101 for Salary Disbursement of $88,000.00, 399-4782-202 for Local and Regional Expenses of $6,500.00, and 399-4782-301 for Professional Services to fund a Safe Routes to School (SRTS) Master Plan.

In the fall of 2012, Los Angeles County Department of Public Health (County) solicited proposals to establish and implement strategies that would create environments where it is convenient, safe, and easy for community members to eat healthier and participate in physical activity every day. The Healthy Eating Active Living (HEAL) initiatives were made possible by an award the County received from the Centers for Disease Control and Prevention as part of the U.S. Department of Health and Human Services' Community Transformation Grants initiative. This funding will allow the City to complete the remaining draft mini-plans for eleven (11) schools and finalize the comprehensive SRTS Master Plan.

CC 7. Accept the Sanitary Sewer Collection System Annual Performance Report for Fiscal Year 2013-2014.
CC 7 attachment

The City of Lancaster assumed responsibility for the operation and maintenance of its sanitary sewer system from the County of Los Angeles Consolidated Sewer Maintenance District (CSMD) on July 1, 2008, believing that local control of the system was in the best interest of its residents. The production of an annual report is one of the performance measures approved by City Council in the Fiscal Year 2011-2012 Program and Financial Plan.

CC 8. Approve the extension of the Street Sweeping Services contract, as outlined in the original agreement, on a month-to-month basis through February 28, 2015. No increase to the current contract rates have been requested or considered.

The City of Lancaster released a bid for Street Sweeping Services on February 7, 2006, and it was awarded to Venco Western, Inc. (Venco Power Sweeping) on March 28, 2006, for an initial term of five years with an option for unlimited one-year extensions. In 2012, the contractor agreed to provide services on a month-to-month basis. The City is currently preparing a Request for Proposal for services with a modified scope and the contract will no longer be month-to-month.

CC 9. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 44912 Andale Avenue, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 9 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 10. Approve agreement for acquisition of real property between the City of Lancaster and Deutsche Bank National Trust Company, as trustee for property located at 44539 Stanridge Avenue, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 10 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 11. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 1010 Valiant Street, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 11 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 12. Approve agreement for acquisition of real property between the City of Lancaster and The Bank of New York Mellon FKA The Bank of New York, as trustee for property located at 2019 East Jackman Street, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 12 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.

NEW BUSINESS

NB 1. Professional Services Agreement - Auto Mall Urban Design, Landscaping and Civil Engineering Services
NB 1 attachment

Recommendations:

a) Approve the professional services agreement with Sargent Town Planning of Los Angeles, California ("Consultant") in the amount of $436,830 for Auto Mall Urban Design, Landscaping and Civil Engineering Services and authorize the City Manager, or his designee, to sign all documents.

b) Appropriate $200,000 in Traffic Impact Fee fund balances to Capital Improvement Budget Account No. 232-15BW005-924, Lancaster Auto Mall project.

This agreement would enable Sargent Town Planning to create construction-ready plans for a complete redesign of the Lancaster Auto Mall, utilizing the same design concepts that have made the BLVD such a remarkable success. These designs will create a substantially safer and more welcoming environment for pedestrians, thus not only establishing a more aesthetically pleasing and walkable environment for citizens to enjoy, but also facilitating and enriching the shopping experience in an effort to capture increasing numbers of customers from the Antelope Valley and beyond. Success in this endeavor would, in turn, generate increased sales tax revenue for essential City services while also creating additional jobs within the Lancaster Auto Mall. In short, this agreement offers the opportunity to transform a regional economic powerhouse into a premier vehicle-buying destination for all of Southern California.

NB 2. Compensation Schedules, Benefits, Terms and Conditions of Employment for Represented and Non-Represented Employees
NB 2 attachment

Recommendations:

a) Adopt Resolution No. 14-63, approving the Memorandum of Understanding between the City of Lancaster and Teamsters Local 911 and authorize the City Manager to execute the MOU.

b) Adopt Resolution No. 14-64, amending Resolution 12-37 as amended, establishing a compensation schedule for the non-represented employees of the City of Lancaster.

c) Adopt Resolution No. 14-65, amending the Personnel Rules and Regulations.

Several meetings were held to discuss compensation and working conditions with City employees. As a result of those meetings the City arrived at a tentative agreement for a new four year Memorandum of Understanding with the Teamsters Local 911; and a proposed compensation package for non-represented employees.

NB 3. Amendment to Title 9 of the Lancaster Municipal Code
NB 3 attachment

Recommendation:

Introduce Ordinance No. 1000, amending Title 9 of the Lancaster Municipal Code by amending Chapter 9.24 (Graffiti), relating to the abatement of graffiti and recovery of the City's costs of graffiti abatement, and adopting a "Graffiti Abatement Costs and Expenses" cost model.

In June 2014, the California Supreme Court held that, because the City of Lancaster had not adopted an ordinance that authorized the probation department to recover the City's costs of graffiti abatement as restitution in a juvenile proceeding, as required pursuant to state statute, the juvenile court had abused its discretion in ordering restitution to the City based on a cost averaging model which is authorized under that statute. Ordinance No. 1000 will amend Chapter 9.24 of the Lancaster Municipal Code to expressly authorize graffiti abatement cost recovery through the juvenile courts. Additionally, it will adopt the "City of Lancaster Graffiti Removal Costs" cost model, which establishes the average cost, per unit of measure, of graffiti abatement for which the city seeks restitution.

NB 4. Revised Lease Agreement with Jethawks Baseball, LP, Prospective New Ownership
NB 4 attachment

Group of the Lancaster Jethawks, and Lease Termination Agreement and Release of Personal Guarantee with Hawks Nest, LLC

Recommendations:

a) Approve the Lease Agreement between the City of Lancaster ("City") and Jethawks Baseball, LP ("Tenant"), prospective new ownership group of the Lancaster Jethawks, for Lancaster Municipal Stadium, and authorize the City Manager to execute the Lease upon: (i) payment of any past due rent or other amounts that may be owed to the City pursuant to the current lease agreement with Hawks Nest, LLC ("Hawks Nest"), (ii) the issuance of all baseball approvals as required by Section 16.1.2 of the Lease, (iii) satisfaction of all conditions precedent to closing of the Asset Purchase Agreement between Tenant and Hawks Nest; and (iv) issuance of all baseball approvals pertaining to the transfer of the Jethawks franchise from Hawks Nest to Tenant or its parent company (including, but not limited to, issuance of baseball approval of the Application for Control Interest Transfer).

b) Approve the Lease Termination Agreement and Release of Personal Guarantee ("Lease Termination") between the City and Hawks Nest and authorize the City Manager to execute the Lease Termination upon: (i) payment of any past due rent or other amounts that may be owed to the City pursuant to the current lease agreement with Hawks Nest, (ii) the issuance of all baseball approvals as required by Section 16.1.2 of the Lease, (iii) satisfaction of all conditions precedent to closing of the Asset Purchase Agreement between Tenant and Hawks Nest; and (iv) issuance of all baseball approvals pertaining to the transfer of the Jethawks franchise from Hawks Nest to Tenant or its parent company (including, but not limited to, issuance of baseball approval of the Application for Control Interest Transfer).

NB 5. LPAC Foundation Bylaw Changes
NB 5 attachment

Recommendation:

Approve the recommended changes to the Bylaws for the Lancaster Performing Arts Center Foundation.

At their meeting on October 15, 2014, the Directors of the Lancaster Performing Arts Center Foundation unanimously approved the proposed revisions to the Foundation's Bylaws. The recommended changes modify the manner in which the Directors and the Officers of the Board are appointed and removed; terms of office; the election, removal/resignation of officers and the manner in which amendments are approved. The recommended changes also allow for the establishment of a Director Emeritus position.

NB 6. Sub-Recipient Agreement between City of Lancaster and Grace Resources
NB 6 attachment

Recommendation:

Approve the Sub-Recipient Agreement between the City of Lancaster and Grace Resources to provide administration services of the Lancaster Homeless Shelter for the 2014 Community Development Block Grant (CDBG) Program Year.

The Shelter provides year round emergency shelter programs, transitional housing programs, and the Winter Shelter Program ("WSP"). The WSP provides emergency housing during the cold weather from November to March. During the 2013 WSP cycle, the Shelter expanded its program by providing additional emergency housing for homeless men at the Antelope Valley Fairgrounds. Due to the success of the expanded program, the Shelter plans to provide additional emergency housing at the Fairgrounds as part of the 2014 WSP cycle.

In compliance with Federal Regulations Title 24, Part 570, Section 570.503, HUD requires that the City of Lancaster (the "Recipient") enter into a written agreement with Grace Resources (the "Sub-Recipient") in order for the City to grant its entitlement funds to the sub-recipient for providing administration services.

COUNCIL AGENDA

CA 1. Discussion and possible action regarding authority to execute a Memorandum of

Understanding with appropriate parties related to Lancaster Metrolink Station safety and operations.

COUNCIL REPORTS

CR 1. 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 Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)

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

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

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

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

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

9. 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

Pursuant to action taken by the City Council/Successor Agency/Financing/Housing/Power Authority on September 10, 2013, there will not be a City Council/Successor Agency/Financing/Housing/Power Authority meeting on November 25, 2014 due to the Thanksgiving holiday.

Next Regular Meeting:
Tuesday, December 9, 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.