CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
February 23, 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 19, 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

Chaplain Jason Knudeson, MAJ, USAF

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Introduction of artist Kimble Deleon

    

   Presenter: Council Member Underwood-Jacobs

2. Recognition of Lancaster School District and Summary of LCE Savings
   Presenter: Mayor Parris

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of February 9, 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 23, 2016, through February 6, 2016 in the amount of $2,641,260.55.
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 January 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. Adopt Resolution No. 16-07, a resolution of the City Council of the City of Lancaster, California, declaring its intention to accept an Offer of Dedication located on 100^th Street West, between Avenue J and Avenue K, and declaring the public necessity therefor.
CC 4 attachment

An Offer of Dedication was executed May 27, 1981, as part of the County's requirements for Tract Map No. 39252 to provide an offer of right-of-way for 100 ^th Street West. At the time of recordation the Los Angeles County Board of Supervisors rejected that offer. The City is now accepting the Offer of Dedication. The subject easement will be used for public ingress/egress once the Offer of Dedication is accepted.

CC 5. Award a professional services agreement with Stantec Consulting Services, Inc., of Lancaster, California, in the amount of $196,520.00, for the Preparation of Hydrology and Hydraulics Analysis; Environmental Document (ED); and Plans, Specifications and Estimates (PS&E) for Avenue K-12 and 5^th Street East et al. (Drainage and Street Improvements) 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.
CC 5 attachment

The Capital Program Division solicited qualifications and cost for professional engineering services through Request for Proposal No. 631-16 (RFP) to Prepare Hydrology and Hydraulics Analysis; Environmental Document (ED); and Plans, Specifications and Estimates (PS&E) for Avenue K-12 and 5 ^th Street East et al. (Drainage and Street Improvements)on November 19, 2015. Proposals were evaluated by a committee based on qualifications and cost and scored as described in the RFP.

CC 6. Approve agreement for acquisition of real property between the City of Lancaster and Gerald M. Price and Lisa M. Price, husband and wife as joint tenants for property located at 240 East Avenue J-12, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 6 attachment

The City has $492,959 available from the original NSP 1 award which will be used to purchase, rehabilitate, and then resell foreclosed homes in the expanded target areas as outlined in the Second Substantial Amendment to the Community Development Block Grant (CDBG) Consolidated Annual Action Plan approved May 27, 2014.

PUBLIC HEARING.

PH 1. Appeal of Planning Commission's Denial of Conditional Use Permit No. 15‑11 (Request for a Type 21 General Off-Sale Alcohol License for an existing Mini-Mart at 1752 West Avenue K)
PH 1 attachment

Recommendation:

Adopt Resolution No. 16-08, a resolution of the City of Lancaster, California, upholding the Planning Commission's decision, by denying the appeal for Conditional Use Permit No. 15-11.

The applicant filed the conditional use permit application in September 2015. Since a mini-mart is defined as "primary seller" by the City's alcohol regulations, it is subject to separation distances as established by Section 17.42.040 of the Lancaster Municipal Code. This site is located within 300 feet of residential property to the south and, as such, would require approval of a distance waiver under Section 17.42.040.C of the LMC. The Planning Commission conducted a public hearing on November 16, 2015, and by a 5-1 vote denied Conditional Use Permit No. 15-11, because it could not make the findings required to grant a distance waiver.

NEW BUSINESS.

NB 1. Adjustment to the 2016 Lancaster Choice Energy (LCE) Market Demand Credit
NB 1 attachment

Recommendation:

Adopt Resolution No. 16-09, authorizing City Manager to adjust the 2016 Market Demand Credit to meet City Council established savings goals; and require any adjustment be brought back to City Council for ratification at its next available, properly noticed, meeting.

At a public hearing held December 8, 2015, the City Council established rates for Lancaster Choice Energy customers, including a new 2016 Market Demand Credit. The purpose of the credit is to provide flexibility in adjusting the overall cost to customers for energy generation to maintain an average 3% savings when compared to Southern California Edison (SCE) energy generation rates. The current rate setting environment for SCE is such that LCE is not provided more than a day or two notice of what SCE's actual rates to customers will be. This can result in LCE's rates not achieving the City Council's stated cost savings goals. Authorizing the City Manager to make adjustments to the 2016 Market Demand Credit will ensure that as SCE rates change, LCE's rate structure can also change in a timely fashion to achieve City Council established LCE savings goals.

NB 2. Staffing for the Downtown Lancaster Property Business Improvement District and Lancaster Tourism Business Improvement District

Recommendations:

a. Approve addition of a Projects Assistant position to provide staffing for the Downtown Lancaster Property Business Improvement District and the Lancaster Tourism Business Improvement District, to be funded jointly by the two districts.

b. Appropriate $46,400 to account 101-4540101, and increase revenues in account 101-3615150, Staff Reimbursements, by the same amount.

c. Authorize the City Manager or his designee to execute all related documents.

The creation of this position will benefit Destination Lancaster, The BLVD Association, and the City of Lancaster. For this reason, the Destination Lancaster Board of Directors and The BLVD Association's Executive Committee have asked City staff to take the needed steps to move forward in establishing this position. Once created, this position will work to further economic development in the City of Lancaster, thus catalyzing commerce and job creation for our community.

NB 3. Los Angeles Homeless Services Authority Winter Shelter Program

Recommendations:

a. Authorize the City Manager or his designee to facilitate the Los Angeles Homeless Services Authority ("LAHSA") Winter Shelter Program ("WSP") at the Lancaster Community Shelter located at both 44611 Yucca Avenue and 45145 N. 60th Street West, Lancaster, CA.

b. Approve the appropriation of $256,891.00 in awarded grant funds from the LAHSA WSP, to Revenue Account No. 261-3306-100 and corresponding Expense Account no. 261-4542-770. LAHSA issued Amendment No. 1 to WSP Contract No. 2015WSP10, revising the total grant amount to $256,891.00. This replaces the previous WSP appropriation of $81,627.00 as approved by council action on 10/13/2015.

The WSP was established to address the basic shelter and service needs of homeless persons during the period in which Los Angeles County usually experiences its most inclement weather. The WSP under the original Agreement was to operate from October 1, 2015, to approximately March 31, 2016, with a total grant amount of $81,627.00. Due to an anticipated extended period of severe rainy weather in the County of Los Angeles attributable to El Nino weather predictions, the Parties agreed to increase the number of beds available; add a second location located at 45145 60^th Street West; and add up to 21 days of 24-hour operation for this program. LAHSA then issued Addendum No. 1 to revise the total grant amount to $$256,891.00 and the operation dates for the additional location to January 15, 2016 to March 15, 2016. These funds will be utilized for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter.

COUNCIL AGENDA.

CA 1. Discussion and possible action regarding extension of City Manager's Agreement and other related terms
Presenter: Mayor Parris

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, March 8, 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.