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City Council/Successor Agency/Authority Meeting

Lancaster - it's positively clear
CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
January 27, 2015
Regular Meeting - 5:00 p.m.
Closed Session - 5:00 to 6:30 p.m.
Open Session - 6:30 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, January 23, 2015
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

Pastor John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE

PRESENTATION

  1. Proclamation designating the month of February as Career and Technical Education Month
    Presenter: Mayor Parris

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of January 13, 2015.

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 December 28, 2014 through January 10, 2015 in the amount of $266,719.45.
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. Accept and approve the December 2014, 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, the City of Lancaster and the Lancaster Housing Authority.

CC 4. Approve the Downtown Lancaster Property and Business Improvement District (PBID) Annual Report for 2014, submitted by the BLVD Association.
CC 4 attachment

In July 2013, with the overwhelming support of more than 73% of downtown property owners, the Lancaster City Council established the Downtown Lancaster PBID. This marked the transition of The BLVD Association, an organization of downtown merchants founded in 1989, from a Parking and Business Improvement District (BID) which generated approximately $25,000 annually for promotion of the downtown area to a Property and Business Improvement District (PBID) which generates more than $260,000 annually. These funds are utilized by the BLVD Association to create a more vibrant downtown and help its member businesses thrive. Funds are allocated in three major categories: Clean & Safe, Marketing and Promotions, and Administration & Advocacy. Throughout 2014, the BLVD Association and its newly elected Board of Directors set up the new PBID and launched a wide range of new initiatives to further the success of the award-winning downtown area. These activities are described in-depth in the 2014 Annual Report.

CC 5. Authorize the City Manager or his designee to execute the documents and establish bank accounts necessary to carry out the agreements.

The City is in the process of implementing Lancaster Choice Energy, to provide electric generation service through a suite of retail energy products to residents and businesses within City limits. It is anticipated that unique bank accounts will be required to track the cash flows and activities of LCE. This action allows for those accounts to be established.

PUBLIC HEARINGS.

PH 1. Amendment to Title 9 of the Lancaster Municipal Code relating to the Imposition of Administrative Penalties for Certain California Penal Code Offenses
PH 1 attachment

Recommendation:

Introduce Ordinance No. 1001, amending Title 9 of the Lancaster Municipal Code by adding Chapter 9.48 (Administrative Penalties for State Offenses), relating to the imposition of administrative penalties against persons who commit certain California Penal Code offenses in the City of Lancaster through the issuance of administrative citations.

In November 2014, the California electorate approved Proposition 47, which, in part, requires that certain criminal offenses must always be charged as misdemeanors, for which offenders are subject to imprisonment in county jail rather than state prison. These changes in state law, as well as the implementation of various state- and county-wide diversion and deferral programs, result in fewer offenders being sentenced to serve time. Coupled with the already overloaded and underfunded court system, it is increasingly unlikely that criminal charges will ever be filed against persons who commit lower-level misdemeanor offenses. The concern is that some persons will be emboldened to repeatedly commit these crimes. Ordinance No. 1001 establishes an administrative penalty program relating to certain misdemeanor California Penal Code offenses, as authorized by California Government Code section 53069.4. In accordance with this Government Code section, the Ordinance expressly identifies which offenses in the California Penal Code will be subject to the administrative penalties and further sets forth the procedures for the issuance, appeal and administrative review of administrative citations, as well as the methods of collection of the penalties.

PH 2. Transit-Oriented Development (TOD) Zones

Recommendations:

A. Adopt a Resolutionamending the General Plan to revise the existing boundary of the Downtown Lancaster Transit Village District; amending the General Plan to revise the text of Table VIII-1, General Plan Land Use Categories, related to the MU (Mixed Use) land use designation; and amending the General Plan land use map to designate the area generally bounded by Milling Street, Sierra Highway, Avenue J, and the west side of Fern Avenue, as a combination of MU and PK (Park).

B. Introduce an Ordinance amending Title 17 of the Lancaster Municipal Code to incorporate by reference the Lancaster TOD Zones as the development and land use regulations for the defined area, and amend the zoning map to MU-TOD to be co-terminus with the Lancaster TOD Zones.

In June 2012, the City was awarded $136,000.00 from Los Angeles County Metropolitan Transportation Authority (METRO), which was part of a sustainable communities grant to prepare TOD Zones for the Northeast, Southeast, and Southwest transit planning areas. The TOD Zones are intended to provide the foundation for a complementary mixture of appropriately intensive commercial and high-density residential land uses in close proximity to a defined transit facility. As proposed, the TOD Zones would cover 186 acres within the Downtown Lancaster Transit Village District, extending approximately one-half mile from the Metrolink station.

NEW BUSINESS.

NB 1. Street Sweeping Services
NB 1 attachment

Recommendation:

Award a one (1) year contract, with an option of five (5), one (1) year extensions to CleanStreet Inc. for RFP No. 602-15 for Street Sweeping Services and authorize the City Manager, or his designee, to sign all documents; and appropriate $10,393.19 to Account No. 203-4751-450 and $276.44 to Account No. 484-4751-450. The total agreement period shall not exceed six (6) years. The annual cost of the contract is $456,000 for the first year of service and $480,000 each subsequent year.

In 2006, the City awarded a contract for street sweeping services. Current services include the sweeping of residential streets twice each month and the sweeping of arterials once per month. Leaf season sweeps are completed at an additional cost. In FY 13/14, the City spent $460,000 in street sweeping services. In November 2014, the City advertised a Request for Proposals for Street Sweeping Services. The updated scope of service included residential and arterials streets swept twice per month and 100 curb miles of leaf season sweeps at no additional cost. Four proposals were received and while Venco had the lowest price, CleanStreet received the highest overall score; therefore staff began negotiations with CleanStreet in mid-December. CleanStreet has over twenty years of experience providing street sweeping services to municipalities throughout the State. As a result of negotiations, the City will receive a higher level of service for the same cost.

NB 2. Amendment to Title 2 of the Lancaster Municipal Code and amendments relating to references to the Department of Public Works throughout the Lancaster Municipal Code
NB 2 attachment

Recommendation:

Introduce Ordinance No. 1002, amending Title 2 of the Lancaster Municipal Code by amending Sections 2.24.070, 2.28.010, 2.28.030, 2.28.070, 2.30.030, 2.30.070, 2.34.030 and 2.34.070, deleting Sections 2.30.090 and 2.34.090, adding new Section 2.04.090 and new Chapter 2.36 in Title 2 ("Administrative And Personnel"), related to appointments and terms of appointed commissioners, and amending references throughout the Lancaster Municipal Code from the Department Of Public Works to the Department of Development Services.

The City Attorney's office has been conducting a comprehensive review of the Lancaster Municipal Code (Code), to determine where updates and revisions may be appropriate. This is the second ordinance to be brought before Council to address these revisions.

COUNCIL AGENDA.

CA 1. Consideration of nomination/appointment ofJosh Mann as President to the Lancaster Museum and Public Art Foundation Board of Directors (LMPAF)

Presenter: Mayor Parris

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 District No. 14 of the County Sanitation Districts of Los Angeles County
Presenter: Council Member Mann

CR 3. 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.
  1. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - four potential cases.
  1. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)
  1. Coalition for Open Government v. City of Lancaster, Case No. BC499047
  1. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336
  1. Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649
  1. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior Court Case No. BS 121501.
  1. 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, February 10, 2015 - 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.

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