CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
May 24, 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, May 20, 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

PRESENTATIONS

1. CAPIO Award - Revive 25 Program

    

   Presenter: Senior Projects Coordinator, Luis Garibay

2. High Desert Alliance of Black School Educator's Parent University Leadership and Mentoring Institute (PULMI) Recognition

    

   Presenter: Mayor Parris

3. SAYY Something Program Presentation
   Presenter: Co-Founder, Amanda Hawse

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of May 10, 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 April 24, 2016, through May 7, 2016 in the amount of $3,610,010.81.
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 April 2016, 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. Award a contract to IDAX Data Solutions for RFP No. 620-15 for Streetlight Inventory & Audit Services and authorize the City Manager, or his designee, to sign all documents; and appropriate $165,660 to Account No. 483-4752301. The total agreement period shall not exceed twenty four (24) months. The one-time cost of the contract with IDAX Data Solutions is $165,660 for streetlight inventory and audit services.
CC 4 attachment

In an effort to limit energy and maintenance costs, the City of Lancaster has been in the process of acquiring all of the streetlights within city limits from Southern California Edison. In order to accomplish this, a detailed inventory and audit needs to be taken so the City can accurately and efficiently take over upgrades and maintenance on our thousands of street lights.

CC 5. California Department of Resources Recycling and Recovery Eligible Payment Programs
CC 5 attachment

a. Adopt Resolution No. 16-20, a resolution of the City Council of the City of Lancaster, California, authorizing submittal of the application(s) for payment programs and related authorizations.

b. Authorize the City Manager, or his designee, to execute any documents necessary to secure payment.

Development Services staff routinely submits applications to CalRecycle in order to receive payment program funds for Beverage Recycling and Used Oil. Due to recent evaluations of and revisions to CalRecycle's Payment Program, an approved resolution is now required authorizing the submittal of the applications and use of the funds. These funds are utilized to increase beverage container recycling and assist in the operation of the City's Recycling Center.

CC 6. Approve the developer installed sanitary sewer and accept this sewer for public use and maintenance by the City for the UPS Center, Private Contract No. 14-02, located at 290 West Avenue L; owned by the United Parcel Service.
CC 6 attachment

The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Development Services Director.

CC 7. Approve and accept the Amendment to the existing Subdivision Undertaking Agreement submitted by Lancaster 20 Land, LLC ("Subdivider"), for Tract Map No. 54274, located on the northeast corner of 20th Street East and Kettering Street, extending the date of completion to October 31, 2016.
CC 7 attachment

On March 26, 2014, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract No. 54274. The agreement expired March 26, 2016. On April 28, 2016, 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 Lancaster 20 Land, LLC for Tract No. 54274, extending the completion date to October 31, 2016.

CC 8. Lancaster Drainage Benefit Assessment District Annual Assessment for Fiscal Year 2016-2017
CC 8 attachment

a. Adopt Resolution No. 16-21, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Public Works Manager to prepare and file a report for Lancaster Drainage Benefit Assessment District.

b. Adopt Resolution No. 16-22, preliminarily approving the Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment and declaring its intention to levy and collect assessments within Lancaster Drainage Benefit Assessment District.

The City Council previously formed the Lancaster Drainage Benefit Assessment District, including establishment of separate zones, and submitted the proposition to the eligible voters in each respective zone. The majority of voters approved the formation of the District, the separate zones, and the levying of the assessment. The first year's assessment was paid by the developers of the property. Each year, thereafter, the City Council, after public notice and hearing, may determine and impose an annual assessment.

CC 9. Lancaster Landscape Maintenance District No. 1 Annual Assessment for Fiscal Year 2016-2017
CC 9 attachment

a. Adopt Resolution No. 16-23, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Public Works Manager to prepare and file a report for Lancaster Landscape Maintenance District No. 1, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California.

b. Adopt Resolution No. 16-24, preliminarily approving the Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment and declaring its intention to levy and collect assessments within Lancaster Landscape Maintenance District No. 1, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Lancaster Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District were formed, including subsequent annexations thereto, for the purpose of providing maintenance services to landscaping and appurtenant improvements for various developments within the City and assessing those properties which benefit from this service. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.

CC 10. Lancaster Lighting Maintenance District Annual Assessment for Fiscal Year 2016-2017
CC 10 attachment

a. Adopt Resolution No. 16-25, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Public Works Manager to prepare and file a report for Lancaster Lighting Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and

b. Adopt Resolution No. 16-26, preliminarily approving the Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment and declaring its intention to levy and collect assessments within Lancaster Lighting Maintenance District, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Lancaster Lighting Maintenance District was formed, including subsequent annexations thereto, for the purpose of financing maintenance operations and installation of public lighting facilities, including but not limited to street lights, traffic signals, public parking lot lights, and highway safety lights (public lighting facilities) (as defined in § 22525 of the California Code) within the City of Lancaster, and assessing those properties which benefit from this service their proportionate share of the cost. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.

CC 11. Approve the Sub-Recipient Agreement between the City of Lancaster and Grace Resources to provide administration services of the Lancaster Homeless Shelter for the 2016 Community Development Block Grant (CDBG) Program Year.
CC 11 attachment

The Lancaster Community Shelter ("Shelter") was built by community volunteers and the Lancaster Redevelopment Agency in 1989 and fourteen transitional family units were added in 2008. The Shelter is the only one of its kind to provide shelter, food and case management services to homeless men, women, and children in the Antelope Valley. The Shelter provides year round emergency shelter programs (including emergency housing during cold weather from November to March), and transitional housing programs. The Shelter is committed to the Continuum of Care Concept and strives to utilize both internal and external resources to help the homeless move into transitional and permanent housing.

CC 12. Approve the Sub-Recipient Agreement between the City of Lancaster and the Housing Rights Center to provide fair housing services to the residents of Lancaster for the 2016 Community Development Block Grant (CDBG) Program Year.
CC 12 attachment

All municipalities receiving CDBG funding are required to maintain fair housing programs in order to affirmatively further fair housing pursuant to the Code of Fed eral Regulations as outlined in § 570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. The City has engaged the Housing Rights Center to provide the fair housing services in the 2016‑2017 CDBG Program Year and in prior years. A letter was received from the Executive Director of the Housing Rights Center, dated April 26, 2016, stating their desire to continue to provide fair housing services to the City of Lancaster.

CC 13. Adopt Resolution No. 16-27, authorizing the City Manager, or his designee, to apply for $1,825,000 of funds available to the City of Lancaster from Los Angeles County Metropolitan Transportation Authority (LACMTA).
CC 13 attachment

Annually, Los Angeles County Metropolitan Transportation Authority allocates Transportation Development Act (TDA) Article 8 funds to fund unmet transit needs in areas outside the Metro service area. Article 8 revenues will be used by the City to fund Council-approved and budgeted Capital Improvement Projects and operating transfers.

PUBLIC HEARINGS.

PH 1. Approval of the Community Development Block Grant (CDBG) 2016 Program Year Action Plan

Recommendation:

Approve the proposed projects described herein for the City of Lancaster's 2016 One-Year Action Plan application to be submitted to the United States Department of Housing and Urban Development.

The City of Lancaster has been a CDBG entitlement community since 1986 and receives an annual grant for developing viable urban communities that encompasses decent housing and a suitable living environment, and expanded economic opportunities, primarily for low- and moderate-income persons. The proposed One-Year Action Plan is intended to provide a summary of proposed program activities, eligibility criteria, and funding levels for the 2016 CDBG program year. All programs and/or projects submitted in the Plan are in compliance with the U.S. Department of Housing and Urban Development (HUD) guidelines for eligible activities.

PH 2. TEFRA Hearing/Approval of Multifamily Housing Revenue Bonds for Antelope Valley Apartments
PH 2 attachment

Recommendation:

Adopt Resolution No. 16-28, pursuant to section 147(f) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority to finance or refinance the acquisition, rehabilitation, improvement and equipping of Antelope Valley Apartments and certain other matters relating thereto.

Antelope Valley Apartment Associates, L.P. ("Borrower") plans to finance the acquisition, rehabilitation, improvement and equipping of a 121-unit multifamily rental housing project located at 43460 32nd Street West, Lancaster, California (the "Project"). The Borrower requests that the City approve CMFA's issuance of the Housing Revenue Bonds in order to finance the Project. The Housing Revenue Bonds will be tax-exempt private activity bonds for purposes of the Internal Revenue Code of 1986 (the "Code") and, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located.

PH 3. Lancaster Sewer System Service Charges for Fiscal Year 2016‑2017
PH 3 attachment

Recommendation:

Adopt Resolution No. 16-29, a resolution of the City Council of the City of Lancaster, California, levyingLancaster Sewer System Service Charges for maintenance and servicing of the Lancaster Sewer System, for Fiscal Year 2016-2017.

Each year staff prepares an Engineer's Report for the City Council to determine the actual amount of the sewer service charge needed to fund the maintenance of the Lancaster Sewer System. The Engineer's Report determining and proposing the sewer service charge for Fiscal Year 2016-2017 has been prepared. This charge will remain the same as last fiscal year.

NEW BUSINESS.

NB 1. City of Lancaster Cultural Plan
NB 1 attachment

Recommendation:

Approve the proposed five-year Cultural Plan addressing the need for increased partnerships and communication throughout the community, increased opportunities for youth based arts and cultural activities and the enhancement of Lancaster's public image.

In early 2016, Lancaster's Museum of Art and History (MOAH) began the process of developing a five-year Cultural Master Plan for the City in response to the need for sustainable planning with regard to the arts and cultural environment of Lancaster. More than 640 community residents and stakeholders participated in three two-hour workshops that provided valuable insight and resulted in the development of the proposed Cultural Plan. Approval of the Plan is the first step in implementing its goals and objectives.

NB 2. Amendment to Title 5 of the Lancaster Municipal Code, relating to operational requirements for certain types of businesses.
NB 2 attachment

Recommendation:

Introduce Ordinance No. 1013, amending Title 5 of the Lancaster Municipal Code by adding a new Section 5.04.055, relating to business licenses and the establishment of operational requirements for certain types of businesses.

City public safety personnel and Los Angeles County Sheriff's deputies have reported numerous instances of unlawful activities and conditions occurring at and immediately adjacent to alcoholic beverage establishments where purchases are made for off-site consumption. It has been staff's experience that such unlawful nuisance activities and conditions are often the result of persons being able to purchase alcoholic beverages, intended for off-site consumption, in smaller single servings (e.g. a single can or bottle of beer, a small "airplane" sized bottle of distilled spirits, etc.). In response to these issues, at its regular meeting on February 23, 2016 the Lancaster City Council directed staff to review existing regulations and consider whether it was appropriate to draft an ordinance to restrict the size and/or quantity of alcoholic beverages available for purchase for off-site consumption.

COUNCIL AGENDA.

CA 1. Update and possible action regarding potential City Parcel Tax
Presenter: Vice Mayor Crist

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. 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) - 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. 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, June 14, 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.