CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
July 14, 2015
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, July 10, 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 Director/Authority Member Ken Mann
Council Member/Agency Director/Authority Member Ronald D. Smith
Council Member/Agency Director/Authority Member Angela Underwood-Jacobs

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: Mann, Smith, Underwood-Jacobs; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Rev. Angus Bower, St. Columba's Anglican Church

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Presentation to Paraclete's Softball Team in recognition of their CIF Southern Section - Division 6 Championship
   Presenters: Mayor Parris and City Manager, Mark Bozigian

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of June 23, 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 June 7, 2015 through June 27, 2015 in the amount of $3,758,731.47.

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 2 attachment

CC 3. Approve the transfer of funds for checks issued by the City for individual items less than fifteen dollars ($15) which have remained unclaimed for the period of one year.

California Government Code sections 50050-50057 establish the rights and procedures related to unclaimed checks issued by local agencies and City Administrative Policy 200-08 stipulates the proper accounting and disposition procedures for these unclaimed checks. With Council approval, staff will transfer to the City's General Fund revenue account two (2) uncashed checks dated at least one year prior to June 30, 2015 totaling $17.36.
CC 3 attachment

CC 4. Adopt Ordinance No. 1004, amending Title 9 of the Lancaster Municipal Code by adding Chapter 9.22 (Nuisance Gatherings and Social Host Accountability), relating to the imposition of administrative penalties against responsible persons who conduct, host or allow unruly gatherings that create disturbances of the peace and other nuisance activities, including but not limited to gatherings where alcoholic beverages are consumed by underage persons.

The City's chronic nuisance property ordinance, adopted in 2008, was designed to reduce the number of calls for service by the Los Angeles County Sheriff's Department (LASD) in response to complaints about disruptive social gatherings that create disturbances of the peace. The purpose of the ordinance was to deter property owners and other responsible persons from allowing disruptive gatherings to occur by charging them for the cost of law enforcement services associated with such service calls. While a useful tool, over time Chapter 8.52 has proven to require a significant amount of LASD, City staff and City Attorney time required to regularly review the LASD calls for service each month and track individual nuisance properties, and to generate and manage the paperwork associated with the cost recovery. Ordinance No. 1004 establishes an administrative citation program that is designed to streamline the procedures of the chronic nuisance property ordinance while continuing to focus on reducing the number of LASD calls for service concerning unruly gatherings, by imposing financial penalties on responsible persons when such gatherings occur.
CC 4 attachment

CC 5. Adopt Resolution No. 15-38, authorizing the destruction of certain records (City Property Damage Claims, Recruitment Files, Claims Against the City, Risk Management Agendas, Worker's Compensation, Unemployment Insurance, Personnel Files, Service Requests, Sports, Special Programs, Special Events, Repetitive Maintenance Reports, Registration-Recreation Programs, Special Classes-Enrichment Centers, Refunds--Recreation Programs, Recreation-City Facility Use, Recreation Log Books, Summer Day Camp, CARES Program, Pesticide Usage Reports, Community Development Block Grant Program, Accident/Incident/Damage Reports, Accounts Payable, Accounts Receivable, Business License Files, Banking Records, Financial Reports, Payroll, Payroll Employee Files, Payroll-Registers, Purchase Orders, Absentee Voting, Ballots, Inspector Receipts, Precinct Board Records, Precinct Election Records, Speaker Cards, Closed Session, Appeals, Public Records Requests, Records Center Documentation, Subpoenas, Insurance - City as Additional Insured, Roster of Voters, Affidavits of Publication, Insurance - City as Insured, Correspondence, Telephone Accounts, Community Service Grant, Enterprise Zone Vouchers, Plans and Plan Checks).

Section 34090 of the Government Code provides a procedure whereby any City record, which has served its purpose and is no longer required, may be destroyed. After a thorough review of the Records Retention Schedule, which was adopted by the City Council on September 12, 2000, it has been determined that certain records for Human Resources, Parks Recreation & Arts, Finance, City Clerk, Administration, Economic Development and Development Services are ready for destruction.
CC 5 attachment

CC 6. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-418 into Los Angeles County Sanitation District No. 14.

The property owners within Annexation No. 14-418 are requesting sewer service for their properties. Before sewer service can be provided, the properties must first be annexed into Los Angeles County Sanitation District No. 14.
CC 6 attachment

CC 7. Approve the completed water system installed by the developer for Tract No. 061206 Phase 1, lots 1-14, 114, 118, 119 and 123-169; located on the southeast corner of 35^th Street East and Avenue J; Owner: KB Home Coastal Inc.

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, and is constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Development Services Director.
CC 7 attachment

CC 8. Approve a professional services agreement with David Evans and Associates, Inc., dba: Hall & Foreman, a division of David Evans and Associates, Inc., of Victorville, California, in the amount of $125,541.00, for Design Services for Public Works Construction Project No. (PWCP) 14-014, 5th Street East Corridor Improvements ATPL-5419(046) and authorize the City Manager, or his designee, to sign all documents. The consultant selection process was made in accordance with Government Codes 4526 and 53060.

This corridor is adjacent to three public schools, El Dorado Elementary and Linda Verde Elementary, and Piute Middle School. The proposed improvements will include the construction of pedestrian curb bulb-outs, with ADA compliant curb ramps to shorten crossing distance at several locations along 5^th Street East, and new traffic striping to install buffered bike lanes.
CC 8 attachment

CC 9. Award Public Works Construction Project No. 14-012, Division Street Recycled Water Main Modification and Valve Replacement, to High Desert Contractors, Inc. of Lancaster, California, in the amount of $177,180.00, plus a 20% contingency, for recycled water valve replacements along the Division Street recycled water main 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 the replacement of five (5) existing valves along the Division Street recycled water main, between Avenue H-8 and Lancaster Boulevard. This work will require excavation pits at each valve location, pumping of water from mainline, removal of valves and installation of new valves.

CC 10. Adopt Resolution No. 15-39, authorizing the renewal of the City's Insurance for the Property and Public Entity Liability Programs, and Membership in the County Supervisors Association of California Excess Insurance Authority Workers Compensation Program (CSAC) for a one-year term beginning July 1, 2015.

The City of Lancaster purchases commercial insurance policies to cover the risk of loss to City property and to transfer losses resulting from claims made by third parties against the City. The property program covers City owned property and includes coverage for earthquake and flood events. The liability program covers claims against the City for losses incurred by third parties and includes coverage for the museum collections and loaned exhibits. In addition, the City has self-insured its workers compensation coverage for the past five years as a member of CSAC.
CC 10 attachment

PUBLIC HEARING.

PH 1. Congestion Management Program (CMP) and 2015 CMP Local Development Report

Recommendation:

Adopt Resolution No. 15-40, a resolution of the City Council of the City of Lancaster, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the 2015 CMP Local Development Report, in accordance with California Government Code Section 65089.

The requirements for the CMP were enacted with the passage of Assembly Bill 471 (1989) and became effective upon voter approval of Proposition 111 in June of 1990. Proposition 111 provided for a nine-cent increase in the state gas tax over a five-year period. Cities and Los Angeles County must comply with the Los Angeles County Metropolitan Transportation Authority (LACMTA) adopted 2010 CMP as a condition for receiving Proposition 111 gas tax subventions along with other state and federal transportation funds.
PH 1 attachment

NEW BUSINESS.

NB 1. Partnership with the Corporation for National and Community Service to host AmeriCorp Volunteers in Service to America (VISTA) members

Recommendation:

Approve Memorandum of Agreement between the Corporation for National and Community Service (CNCS) and the City of Lancaster.

The City of Lancaster desires to continue its partnership with the Corporation for National and Community Service (CNCS) to support the city's community-wide volunteer program and to facilitate a new health and wellness program in conjunction with the Lancaster Wellness Homes. The CNCS is a federal agency that engages more than 4 million Americans in service through various programs including Senior Corps, AmeriCorps, and the Social Innovation Fund. Through the AmeriCorps VISTA (Volunteers in Service to America) program, individuals make a year-long, full-time commitment to serve at a nonprofit organization or local government agency, working to fight illiteracy, improve health services, create businesses, strengthen community groups, and much more.
NB 1 attachment

NB 2. Contribution of Grant Matching Funds to the Antelope Valley Transit Authority for Fare Subsidy

Recommendations:

a. Appropriate $50,000 in Lancaster Proposition A funds to account number 207-4330-301 to the Antelope Valley Transit Authority (AVTA) as matching funds for an Antelope Valley Air Quality Management District (AVAQMD) AB 2766 grant to be awarded to AVTA contingent upon AVTA's receipt of matching funds from the AVTA member agencies and/or Antelope Valley College, for AVTA to provide free fare subsidies for Lancaster senior riders.

b. Appropriate $50,000 in Lancaster Proposition A funds to account number 207-4330-301 on behalf of the City of Palmdale to the Antelope Valley Transit Authority (AVTA) as matching funds for an Antelope Valley Air Quality Management District (AVAQMD) AB 2766 grant to be awarded to AVTA contingent upon AVTA's receipt of matching funds from the AVTA member agencies and/or Antelope Valley College, for AVTA to provide free fare subsidies for Palmdale senior riders.

On May 26, 2015, AVTA staff brought an item to the AVTA Board for approval of changes to the authority's fare structure. Included in the staff recommendation was the elimination of the free local transit fare program extended to AVTA customers aged 65 and older. At the June 16, 2015 AVAQMD Board meeting, the Board approved a staff recommendation to designate up to $200,000 in available Mobile Source Emissions Reduction Program funds (AB2766) to AVTA contingent upon the receipt by AVTA of matching funds from the AVTA member agencies and/or Antelope Valley College.

NB 3. High Speed Rail Update

Recommendation:

Receive and file update regarding proposed High Speed Rail Project

NB 4. California Community Foundation Grant Award

Recommendation:

Receive information regarding $80,000 California Community Foundation Grant Awarded to Lancaster Museum & Public Art Foundation (LMPAF).

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
Presenter: Council Member Mann

CR 2. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenter: Vice Mayor Crist

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.

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. Tapola v. City of Lancaster, LASC Case No. MC 024672

9. City of Lancaster v. Van Dam, LASC Case No. MC 024810

10. Randy Poitevint v. City of Lancaster, LASC Case No. BC 531964

11. SCE General Rate Case - Phase 2 (A.14-06-014)

12. SCE 2015 Energy Resource Recovery Account (ERRA) Forecast Proceeding (A.14-06-011)

13. 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, July 28, 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.