CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
January 26, 2016
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, January 22, 2016
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 Raj Malhi
Council Member/Agency Director/Authority Member Ken Mann
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: Malhi, Mann, Underwood-Jacobs; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Pastor Robert Enos, Greater Works Christian Church

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Introduction of photographer Wyatt Kenneth Coleman
   Presenter: Council Member Underwood-Jacobs

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of January 12, 2016.

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 20, 2015 through January 9, 2016 in the amount of $4,913,539.74.
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 2015, 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.

CC 4. Approve the Substantial Amendment for the Community Development Block Grant (CDBG) Consolidated Annual Action Plan for the 2015-2016 Program Year to be submitted to the U.S. Department of Housing and Urban Development (HUD). The amendment will delete the previously approved 5^th Street East/Avenue K Park Improvement activity and adds three new similar activities to improve Mariposa Park, Pierre Bain Park, and Whit Carter Park.
CC 4 attachment

This amendment is necessary to delete the previously-approved 5^th Street East/Avenue K Park Improvements to a public facility and to reallocate $200,000 of CDBG funds to three new public facility activities. Staff proposes to reallocate these funds to improve Mariposa Park, Pierre Bain Park, and Whit Carter Park. The new activities meet the same Consolidated Plan - Strategic Plan Goals as the activity to be deleted, which is to construct, upgrade, rehabilitate and enhance existing public facilities in service areas comprised of low to moderate income persons.

CC 5. Accept the work constructed by Sterndahl Enterprises, Inc. for Public Works Construction Project No. 11-018, Rural Intersection Enhancements, HSIPL-5419(035) . , and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 5 attachment

On June 24, 2014, Council awarded Public Works Construction Project No. 11-018, Rural Intersection Enhancements, HSIPL-5419(035), to Sterndahl Enterprises, Inc. This project provided installation/upgrades to stop and intersection warning signs, restriping, and new thermoplastic markings at thirty-nine (39) rural intersections in the City of Lancaster. Construction of the project has been completed to the satisfaction of the Public Works Manager.

CC 6. Accept the work constructed by Hardy and Harper, Inc. for Public Works Construction Project No. 13-011, 2014 Pavement Management Program, BTA 1112-07-LA-04, Rebid, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 6 attachment

On May 13, 2014, Council awarded Public Works Construction Project No. 13-011, 2014 Pavement Management Program, BTA 1112-07-LA-04, Rebid, to Hardy and Harper, Inc. The project resurfaced forty-five (45) lane-miles of City streets with a new asphalt concrete pavement surface and curb and gutter improvements, as well as new traffic striping installation, which allowed for construction of new bike lanes conforming to the Master Plan of Trails and Bikeways. Construction of the project has been completed to the satisfaction of the Public Works Manager.

CC 7. Award Public Works Construction Project No. 14-008, Avenue K-8 Bike Path Improvements, BTA 12/13-07-LA-06, to Granite Construction Company of Lancaster, California, in the amount of $951,181.00, plus a 10% contingency, for road widening and bike path improvements and authorize the City Manager, or his designee, to sign all documents.

This project will construct bike path improvements from Sierra Highway to 15^th Street West, along Avenue K-8, as well as a new signalized pedestrian crossing at Sierra Highway and Avenue K-8 and signal improvements at Avenue K-8 and 10^th Street West.

CC 8. Accept the work constructed by Superior Pavement Markings, Inc., for Public Works Construction Project No. 14-015, Pavement Marking Program, Phase II (REBID), and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 8 attachment

On August 11, 2015, Council awarded Public Works Construction Project No. 14-015, Pavement Marking Program, Phase II (REBID), to Superior Pavement Markings, Inc. The project upgraded and enhanced crosswalk and stop bar markings at eighty-eight (88) intersections throughout the City, which helps to increase safety for both pedestrians and motorists. Construction of the project has been completed to the satisfaction of the Public Works Manager.

CC 9. Accept the work constructed by ANM Construction and Engineering for Public Works Construction Project No. 15-003, Tierra Del Sol Phase III Street Improvements, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 9 attachment

On May 26, 2015, Council awarded Public Works Construction Project No. 15-003, Tierra Del Sol Phase III Street Improvements, to ANM Construction and Engineering. The project included street widening to accommodate bicycle lanes and parallel parking adjacent to existing homes along 35^th Street East between Avenue J-8 and Avenue K. Construction of the project has been completed to the satisfaction of the Public Works Manager.

CC 10. Approve the Downtown Lancaster Property and Business Improvement District (PBID) Annual Report for 2015, submitted by The BLVD Association.
CC 10 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.

PUBLIC HEARING.

PH 1. September 2015 Capital Improvement Plan of the Consolidated Fire Protection District and the Annual Adjustment of Fire Protection Fees
PH 1 attachment

Recommendation:

Adopt Resolution No. 16-03, adopting the September 2015 Capital Improvement Plan of the Consolidated Fire Protection District and the Annual Adjustment of Fire Protection Fees.

On July 16, 1992, the City Council adopted Ordinance No. 612, which established a development impact fee for the fire protection services in the City of Lancaster. Periodically, the City Council adopts a resolution establishing the amount of the fee to be collected at the time of issuance of a building permit for new development, based upon action taken by the Los Angeles County Board of Supervisors. The capital improvement program (dated September 2015), which was adopted by the Los Angeles County Board of Supervisors on November 24, 2015, is attached as part of City Council Resolution No. 16-03. The current developer fee amount of $.8426 per square-foot, adopted in January 2015 for new development in the Antelope Valley Developer Fee Area of Benefit (Area of Benefit 3), would not change under this action.

JOINT NEW BUSINESS.

JNB 1. Loan between the City of Lancaster and the Lancaster Successor Agency and Related Amortization Schedule
JNB 1 attachment

City Council Recommendations:

a. Adopt Resolution No. 16-04, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for enforceable obligations and administrative expenses for the period January to June 2016 pursuant to Health & Safety Code Section 34173(h).

b. Adopt Resolution No. 16-05, approving the loan amortization schedule for the loan from the City of Lancaster to the Lancaster Successor Agency for enforceable obligations and administrative expenses for the period January to June 2016 pursuant to H & S Code Section 34173(h) and 34191.4(b)(2).

Successor Agency Recommendations:

a. Adopt Resolution No. SA 03-16, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for enforceable obligations and administrative expenses for the period January to June 2016 pursuant to Health & Safety Code Section 34173(h).

b. Adopt Resolution No. SA 04-16, approving the loan amortization schedule for the loan from the City of Lancaster to the Lancaster Successor Agency for enforceable obligations and administrative expenses for the period January to June 2016 pursuant to H & S Code Section 34173(h) and 34191.4(b)(2).

Health and Safety Code Section 34173(h) provides the ability for the City to make a loan to the Agency for enforceable obligations and administrative expenses should there not be sufficient Redevelopment Property Tax Trust Funds available to cover these approved costs. Section 34191.4(b)(2) sets the interest rate equivalent to the LAIF rate. The loan becomes an enforceable obligation of the Agency, and is to be included on the Recognized Obligation Payment Schedule for repayment through future RPTTF distributions. The amortization schedule estimates the future interest. Actual interest will be computed at the actual LAIF rate.

NEW BUSINESS.

NB 1. Status Report on City Revive 25 Program

Recommendation:

Receive and file Revive 25 Program update

NB 2. Amendment to Title 8 of the Lancaster Municipal Code
NB 2 attachment

Recommendation:

Introduce Ordinance No. 1011, amending Title 8 of the Lancaster Municipal Code by Chapter 8.60, relating to the burial or entombment of a person committing a terrorist act.

The purpose of the ordinance is to exercise the authority granted by section 8115 of the California Health and Safety Code by imposing reasonably necessary standards governing burial and entombment and such standards of maintenance for cemeteries, including mausoleums and columbariums, in order to protect the public health and safety, assure decent and respectful treatment of human remains, and prevent offensive deterioration of cemetery grounds, structures, and places of interment.

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.

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) - two 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. Patton v. City of Lancaster, LASC Case No. MC 025064

5. Estarella v. City of Lancaster, LASC Case No.BC527749

6. Wilson v. City of Lancaster, LASC MC025201

7. City of Azusa v. County of Los Angeles, LASC Case No. BS152744

8. 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 9, 2016 - 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.