CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
April 28, 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, April 24, 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

Chaplain Jason Knudeson, Maj., USAF

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Recognition of Joe Walker Middle School teacher, Matt Anderson, for being chosen as the Project Lead the Way Gateway Teacher of the Year

    

   Presenter: Mayor Parris

2. Green California Leadership Award 2015 for Renewable Energy
   Presenter: Deputy City Manager Caudle

    

   COUNCIL ACTIONS.

   MINUTES

   M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of April 14, 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 March 29, 2015 through April 11, 2015 in the amount of $969,439.19.

   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. Accept and approve the March 2015, Monthly Report of Investments as submitted.

   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. The City's investments are governed by Sections 53600 et. seq. of the California Government Code. Additional requirements have been placed on the City's authorized investments by the Investment Policy (a copy is available in the Finance Department or from the City Clerk), and all investments listed on the attached report adhere to these requirements.
   CC 3 attachment

   CC 4. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Magnolia, LP (the "Subdivider") for Tract No. 53102, located on the southwest corner of Avenue J-8 and 45^th Street West, extending the date of completion to March 17, 2017.

   On September 23, 2003, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract No. 53102. The agreement expired March 12, 2015. On March 26, 2015, the City Engineer received a letter from the Subdivider requesting an extension. Staff recommends that Council approve an amendment to the existing Subdivision Undertaking Agreement submitted by Magnolia, LP for Tract No. 53102, extending the completion date to March 17, 2017.
   CC 4 attachment

   CC 5. Avenue I Corridor Improvements, 15th Street West to 10th Street West project

   a. Approve a Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Local Transportation Funds of the Avenue I Corridor Improvements, 15th Street West to 10th Street West project and authorize the City Manager, or his designee, to sign all documents.

   b. Increase estimated revenues in Account No. 321-3402-100 by $227,458.00 for Fiscal Year 2014-2015. Appropriate $372,458.00 in LACMTA Local Transportation Funds to Capital Improvement Account No. 321-15ST042-924, and $372,458.00 in 209 funds to Capital Improvement Account No. 209-15ST042-924 for the Avenue I Corridor Improvements, 15th Street West to 10th Street West Project.

   The City submitted the Avenue I Corridor Improvements, 15th Street West to 10th Street West project in response to LACMTA's 2011 Call for Projects. This project was submitted under the Transportation Enhancement (TE) mode and was successful in receiving a recommendation for STIP funding through the California Transportation Commission (CTC). In June 2014, the LACMTA Board of Directors recertified its Fiscal Year (FY) funding for projects programmed through prior Projects. This action ensured the availability of funds in FY 2013-14 and FY 2014-15 for the Avenue I Corridor Improvements, 15th Street West to 10th Street West project. The City received the first draft of the funding agreement for signature on March 27, 2015. On March 30, 2015, the LACMTA Board placed the Avenue I Corridor Improvements, 15th Street West to 10th Street West project on the potential deobligation list. As soon as the City returns the signed agreement to LACMTA, we will be removed from the list.
   CC 5 attachment

   CC 6. Affirm letter of agreement to City of Palmdale that upon completion of the scope of work described in the letter of agreement, the City of Lancaster will pay their jurisdictional share of the pavement rehabilitation activities on Avenue M, between 4^th Street East and Challenger Way.

   The City of Palmdale is proceeding with pavement rehabilitation efforts associated with their Columbia Way (Avenue M) Sewer Mainline Project (Project No 14-09). Their original scope of work included the paving improvements south of centerline along Avenue M, which is where the sewer line was constructed, and restriping the full width of Avenue M within the project boundaries. Subsequent to the sewer construction, the City of Palmdale offered to extend the scope of work to include the City of Lancaster's portion of Avenue M within the project boundaries. The City's portion of Avenue M lies north of centerline between 4^th Street East and Challenger Way.

   CC 7. Accept the road easement, approve the right-of-way contract, authorize payment for easement, and authorize the City Manager, or his designee, to sign all documents including but not limited to the right-of-way contract, Escrow Instructions, Addition and/or Amendment to Escrow Instructions, and Estimated Buyers Statement, for the Right-of-Way Acquisition, Antelope Valley College Public Works Construction Project No. 13-023 - Avenue K and 30th Street West and Avenue I and 10^th Street West Intersection Improvements, HSIPL-5419(041).

   The Avenue K and 30th Street West and Avenue I and 10th Street West Intersection Improvements projects are funded in part with Federal, Highway Safety Improvement Program (HSIP) grant money and expenditures are reimbursed through Caltrans. As such, the City is required to meet Federal Regulations and Caltrans requirements for right-of-way (ROW) acquisition and certification. With acceptance of the road deed and approval of the ROW contract, the City is only acquiring a road easement, the underlying property is still owned by AVC.

   CC 8. Public Works Construction Project No. 14-002. (Rebid), Avenue I and 25^th Street East Intersection and Traffic Signal Improvements

   a. Award Public Works Construction Project No. 14-002 (Rebid), Avenue I and 25th Street East Intersection and Traffic Signal Improvements. to Granite Construction, Inc. of Lancaster, California, in the amount of $582,284.00, plus a 10% contingency, for installation of traffic signal, drainage and road improvements 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).

   b. Appropriate $100,000.00 in Signal Impact Fees Fund Balance to Capital Improvement Budget Account No. 217-16TS009-924.

   This project constructs a new traffic signal at the intersection of Avenue I and 25^th Street East. To complement the new signal, the pavement in the intersection will be repaved and receive new striping and crosswalks. Additionally, box culverts will be constructed to dry the intersection and remove water from paths of pedestrian access.

   CC 9. Approve Administrative Policy LCE-004

   As part of the implementation of LCE, there are policies recommended that are unique to the operations of the utility. Administrative policy LCE-004 sets forth the standards for the treatment of confidential customer information to ensure customer privacy is upheld.
   CC 9 attachment

   CC 10. United States Department of Housing and Urban Development (HUD) Public Offering

   a. Adopt Resolution No. 15-16, authorizing participation in the United States Department of Housing and Urban Development (HUD) Public Offering scheduled for May 28, 2015 to refinance the existing Section 108 Loan note B-02-MC-0558 (Mental Health Association).

   b. Adopt Resolution No. 15-17, authorizing participation in the United States Department of Housing and Urban Development (HUD) Public Offering scheduled for May 28, 2015 to refinance the existing Section 108 Loan note B-02-MC-06-0553-A (Children's Center of the Antelope Valley).

   On September 24, 2002, the City Council approved the Proposed Use of Funds for the City's Community Development Block Grant (CDBG) Program Section 108 Loan Guarantees and authorized the submission of the Section 108 Loan Grantee Applications of $1,450,000 to assist with the relocation of the Mental Health Association and $1,500,000 to assist with the construction of the Children's Center of the Antelope Valley. The City accepted HUD's guarantee of Section 108 loan and began making payments in February 2004. The terms of the new promissory notes will remain the same as the existing promissory notes. The request to participate in the Section 108 public offering to refinance the existing Section 108 Loan notes will save the City a substantial amount of money over the remaining term of the loans.
   CC 10 attachment

   NEW BUSINESS.

   NB 1. Water Conservation Measures - New Development

   Recommendation:

   Discussion and possible action regarding water conservation measures for new development including:

   a. Restrictions on turf

   b. Mandatory connection to recycled water systems where feasible

   c. Requirement for home construction to be recycle ready

   NB 2. Recommendations for Enhancements to the current Cash for Grass Rebate Program offered by the Los Angeles County Waterworks Districts (LACWD)

   Recommendation:

   Direct the City Manager, or his designee, to provide recommendations to the Los Angeles County Waterworks Districts (LACWD) and the Los Angeles County Board of Supervisors to enhance the accessibility and effectiveness of the current LACWD Cash for Grass Rebate Program.

   Los Angeles County Waterworks Districts (LACWD), along with other water providers in California, has enacted several water conservation programs and incentives over the last few years. Statewide, programs to provide financial incentives to assist property owners in replacing water intensive turf and landscaping with less water intensive, drought tolerant options have successfully resulted in millions of square feet of turf replacement. In Lancaster, the LACWD Cash for Grass Rebate Program has enabled many residents to make water conservation changes in their landscaping. However, several restrictions in the LACWD program likely limit its appeal and accessibility, thereby potentially restricting the effectiveness of the program.

   NB 3. Water Conservation in Lancaster

   Recommendation:

   Report on current water conservation efforts at City facilities

   NB 4. Sponsorship Funding Appropriation for Mayor's Health & Wellness Council and Mayor's Health Academy

   Recommendation:

   Approve the sponsorship funding appropriation for the Mayor's Health & Wellness Council and Mayor's Health Academy Program; approve transfer of $20,000 from General Fund Balance (101-4999106) to Lancaster Community Services Foundation (106-3900101). Appropriate $80,000 to account number 106-4330-201 and increase estimated revenues in account 106-3230110 by $80,000.

   The Lancaster Neighborhood Vitalization Commission ("LNVC"), with the assistance of the AmeriCorp VISTA Team, have partnered with major healthcare providers, nonprofit organizations and the Lancaster School District to develop an innovative health and wellness program to the community. Founding members of the Mayor's Health & Wellness Council have been identified and have agreed to sponsor the Council and Health Academy initiative. Antelope Valley Hospital, High Desert Medical Group and Kaiser Permanente have committed to sponsor $20,000 each for the first two years of the Health Academy program. These funds will be used to develop and host the Mayor's Health & Wellness Council website, the Health Academy program, and the event to announce and launch the program.

   NB 5. Purchase of Bus Stop Amenities

   Recommendation:

   Authorize the purchase of bus stop amenities from Tolar Manufacturing Company, Inc. of Corona, California in the amount of $686,700.00, plus a 5% contingency, for shelters equipped with solar LED lighting and benches.

   Based on briefings and discussions between Councilwoman Underwood-Jacobs and the City Manager, staff has revised and expedited the purchase of bus stop amenities, which will allow the City to improve existing bus stops with amenities and add new amenities where they do not exist along Antelope Valley Transit Authority (AVTA) bus routes. The City recently purchased two hundred (200) new trash receptacles under a separate contract. The new solar lighted shelters and bus benches will be installed with the trash receptacles by City staff.

   NB 6. Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R funded SR-138 (SR-14) Capacity Enhancement projects

   Recommendation:

   Authorize the City Manager, or his designee, to approve and sign all Funding Agreements and any other documents pertaining to the implementation and payment of funds for all Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R funded SR-138 (SR-14) Capacity Enhancement projects.

   At its September 19, 2012 meeting, LACMTA Board approved additional SR-138 project list and funding allocations for the Measure R SR-138 Capacity Enhancements. Eleven (11) projects were identified for a cumulative total of $200 million. This amount is expected to fully fund the projects. Three (3) of the eleven (11) bridges to receive Measure R funding are in the City of Lancaster and include the interchanges at Avenue J, Avenue K, and Avenue L. In addition, the list includes the Avenue M interchange improvements that fall within the City of Lancaster, City of Palmdale, and County of Los Angeles; and the Avenue G interchange improvements that fall within the City of Lancaster and County of Los Angeles. In total, these five (5) bridges have been allocated $65 million dollars to fund all phases of the projects from project initiation documents through construction of interchange improvements as well as local street improvements for up to a mile east and a mile west of the interchanges. Each interchange project is programmed separately and will have separate funding agreements with LACMTA.

   COUNCIL AGENDA.

   CA 1. Discuss and consider appointing Council Member Underwood-Jacobs to the Antelope Valley Transit Authority Board of Directors
   Presenter: Mayor Parris

   CA 2. Update Council procedure regarding alternates' participation in governing boards of various entities of which the City is a member so that each City Council Member, excluding the Mayor, shall serve as an alternate to each such entity's Board of Director's and shall participate at such entity's meetings at the request of the designated Council Member or, in the event of the incapacity of such Council Member, at the request of the Mayor.

   Presenter: Mayor Parris

   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. Tapola v. City of Lancaster, LASC Case No. MC 024672
   9. Gerardo v. City of Lancaster, LASC Case No. BC517255
   10. City of Lancaster v. Van Dam, LASC Case No. MC 024810
   11. 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, May 12, 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.