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City Council/Successor Agency/Financing/Power Authority Meeting

Lancaster - it's positively clear
CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
February 9, 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, February 5, 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 Matt Chavez, Grace Chapel

PLEDGE OF ALLEGIANCE

SUCCESSOR AGENCY ACTIONS.

NEW BUSINESS.

SA NB 1. Amendment to Resolution SA 10-15 Authorizing the Issuance and Sale of Two Series of Tax Allocation Refunding Bonds
SA NB 1 attachment

Recommendation:

Adopt Resolution No. SA 05-16, amending Resolution No. SA 10-15,authorizing the issuance and sale of two series of Tax Allocation Refunding Bonds, approving the form of two Indentures of Trust, and authorizing certain other actions in connection with the refunding.

The Resolution provides that the 2016A Bonds and the 2016B Bonds may be combined into a single series of bonds if, in the opinion of an Authorized Officer, utilizing one series of bonds is beneficial to the transactions contemplated hereby. The Resolution also provides that the 2016B Bonds will not be issued unless and until each of the school districts has consented to the issuance of the bonds. The Resolution authorizes the issuance of the bonds and approves the documents necessary to initiate the transaction. The Oversight Board will consider this action at its next regular meeting on February 16, 2016, with their action subject to California State Department of Finance review and approval. Staff will return to the Board with additional documents for approval following said State approval.

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of January 26, 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 January 10, 2016, through January 23, 2016 in the amount of $13,367,218.66.
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. Adopt Ordinance No. 1011, amending Title 8 of the Lancaster Municipal Code by Chapter 8.60, relating to the burial or entombment of person committing a terrorist act.
CC 3 attachment

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.

CC 4. Accept the work constructed by Traffic Development Services, Inc. for Public Works Construction Project No. 11-024, Install Solar-Powered LED Stop Signs, HSIPL-5419(040), 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 4 attachment

On July 22, 2014, Council awarded Public Works Construction Project No. 11-024, Install Solar-Powered LED Stop Signs, HSIPL-5419(040) to Traffic Development Services, Inc. This project installed Solar-Powered LED Stop Signs and striping and marking updates at thirty-six (36) rural intersections near existing school sites, as well as new thermoplastic striping and markings. Construction of the project has been completed to the satisfaction of the Development Services Director.

CC 5. Approve an increase in the contract amount for Public Works Capital Project No. 11-019 (13-027), Avenue L and Challenger Way Roundabout, with Stantec Consulting Services, Inc. of Lancaster, California, by $35,795.00 and authorize the City Manager, or his designee, to sign all documents.
CC 5 attachment

The City is requesting approval of an amount not to exceed $35,795.00 for additional services for a Before and After Performance Study on existing traffic conditions and post project conditions. The scope of service will provide the current collection of one (1) week of 24-hour counts on all intersection approaches, approximately 1,000 feet upstream from the intersection, and video surveillance of each intersection approach for the same one (1) week period, and the same post project data report in the same location as the pre-project counts.

CC 6. Approve Parcel Map No. 71337, located at the southwest corner of Avenue H and 10th Street West; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.

CC 6 attachment

The Final Map is in substantial conformance with the approved tentative map. Parcel Map No. 71337 has been checked by the City Engineer and is ready for Council approval. In addition, monumentation security has been submitted to ensure the installation of monuments.

CC 7. Adopt Resolution No. 16-06, authorizing the submittal of application to the California Department of Resources Recycling and Recovery (CalRecycle) under the Local Government Waste Tire Cleanup Grant Program for which the City of Lancaster is eligible; and if selected, approving the execution of standard agreements and any amendments thereto, and any related documents necessary to participate.
CC 7 attachment

The Housing and Neighborhood Revitalization Department staff routinely submits applications to CalRecycle in order to receive grant funds for the Local Government Waste Tire Cleanup and Enforcement Grant Programs. An approved resolution is required to adopt and implement these grant programs. As efforts are successful in acquiring the award of these funds, the City will use the funds to address complaints of illegal waste tire dumping. The City will participate in clean-up activities throughout the City of Lancaster.

CC 8. Award Housing and Neighborhood Revitalization Neighborhood Stabilization Program Construction Project No. 630-16 to Hiesl Construction, Inc. of Acton, California, in the amount of $338,750.00 (plus a 10% contingency) and authorize the City Manager, or his designee, to sign all documents.

From December 13, 2015 to January 12, 2016, the City solicited bids from licensed firms for construction of the Neighborhood Stabilization Program Project. On January 12, 2016, at 11:00 a.m., the City conducted a bid opening for the Housing and Neighborhood Revitalization Department's construction Project No. 630-16. The successful low bid was determined based on the Base Bid. One (1) sealed bid envelope was received.

CC 9. Reject all bids for Housing and Neighborhood Revitalization Bid No. 629-16, Tierra Bonita Improvements Project. After careful review of the bid packages, it was determined that the scope of the project should be revised and the project rebid to obtain the best product for the City within the City's proposed budget.

The project would have constructed playground equipment at the City's Tierra Bonita Park located at 44910 27th Street East. This new recreational amenity would have been used to enhance the physical fitness opportunities and extend the longevity of the facility in a service area comprised of low to moderate income persons where physical fitness and recreational opportunities are limited.

NEW BUSINESS.

NB 1. Amendment to Title 17 of the Lancaster Municipal Code
NB 1 attachment

Recommendations:

a. Introduce Urgency Ordinance No. 1012, amending Title 17 of the Lancaster Municipal Code ("Zoning") by adding a new section, 17.04.235 to Chapter 17.04 ("General Provisions"), relating to the prohibition of medical marijuana dispensaries and the cultivation and/or delivery of marijuana (the "Medical Marijuana Urgency Ordinance").

b. Direct staff to work with the Planning Commission and Criminal Justice Commission to analyze and consider whether regulations can be carefully crafted that would allow commercial medical marijuana activity to occur in the City while protecting the public from the detrimental secondary effects of such activity.

Staff is recommending that a new section, 17.04.235, be added to Chapter 17.04 of the Lancaster Municipal Code, to expressly prohibit the establishment and/or operation of medical marijuana dispensaries, including mobile dispensaries, to prohibit the indoor or outdoor cultivation of marijuana, and further to prohibit the delivery of marijuana anywhere within the City's boundaries. The sole purpose of the Ordinance is to protect Lancaster residents, business owners and visitors from the detrimental secondary effects that such activities can create. The adoption of this Ordinance will allow the City to retain local control over the regulation of commercial medical marijuana activities, while giving the City time to have a fuller discussion about these issues.

NB 2. City of Lancaster Administrative Citation Program

Recommendation:

Receive update regarding the City of Lancaster Administrative Citation Program

NB 3. Fiscal Year 2015-2016 Mid-year Budget Adjustments
NB 3 attachment

Recommendations:

a. Approve the proposed Fiscal Year 2015-2016 Mid-Year Budget Revenue and Expenditure Adjustments, as summarized in Attachment A.

b. Approve addition of three new positions to the 2015-2016 Workforce. Positions are Lead

Maintenance Worker, Maintenance Worker II, Maintenance Worker I.

The primary purpose of the Mid-Year Budget is to review assumptions used in developing the fiscal year budget, particularly revenue assumptions. The Mid-Year Budget is not a new fiscal year budget; the fiscal year budget is developed over a period of six months to address Council goals and direction and requires significant planning, analysis, and program development effort on the part of staff. In essence, the Mid-Year Budget should be viewed as a "mid-point correction" to estimated revenues and expenditures due to updates of the assumptions.

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. 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.
  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. Patton v. City of Lancaster, LASC Case No. MC 025064
  1. Estarella v. City of Lancaster, LASC Case No.BC527749
  1. Wilson v. City of Lancaster, LASC MC025201
  1. City of Azusa v. County of Los Angeles, LASC Case No. BS152744
  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 23, 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.

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