3-13-12 CC-Agency-Authority Minutes

CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/HOUSING/POWER AUTHORITY
REGULAR MEETING
AGENDA

Tuesday
March 13, 2012
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, March 9, 2012
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/Chairman R. Rex Parris Vice Mayor/Vice Chairman Ronald D. Smith Council Member/Agency/Authority Member Marvin Crist Council Member/Agency/Authority Member Sandra Johnson Council Member/Agency/Authority Member Ken Mann

Housing Authority

Authority Member Marvin Crist Authority Member Cassandra Harvey Authority Member Ken Mann Authority Member Ronald D. Smith Authority Member Kitty Kit Yee Szeto

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/Housing 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/Housing/Power Authority

ROLL CALL
City Council/Authority Members: Crist, Johnson, Mann; Vice Mayor/Vice Chairman Smith, Mayor/Chairman Parris

ROLL CALL
Housing Authority Members: Crist, Harvey, Mann, Smith, Szeto

INVOCATION
Pastor Shane Idleman, Westside Christian Fellowship

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. 1) Presentations of Local Heroes Awards
   Presenters: Mayor Parris & Captain Jonsen

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of February 28, 2012.

POWER AUTHORITY ACTIONS

NEW BUSINESS

PA NB 1. Master Solar Power Purchase and Sale Agreement with Instream Energy Systems
PA NB 1 attachment

Recommendation:
Approve and authorize the Executive Director to execute the Master Solar Power Purchase and Sale Agreement with Instream Energy Systems (IES) to develop hydrokinetic generation facilities.

As a result of the City Council authorizing the establishment of the LPA, City staff has been working diligently to identify and establish relationships with renewable energy developers to advance the construction and development of renewable energy generating facilities in the community. Staff has been actively seeking new opportunities, and in some cases are furthering discussions with developers who are interested in expanding their existing generation capacity in Lancaster. IES is an example of these opportunities and a Memorandum of Understanding between the LPA and IES was signed April 26, 2011.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Authorization to Rescind Agency Action Taken August 10, 2010

Recommendation:
Rescind authorization given August 10, 2010 to the Lancaster Redevelopment Agency’s Executive Director to execute an agreement, and any related documents with 7Jays, LLC and Antelope Valley Chevrolet, Inc. as required by court order.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Financing/Housing/Power Authority Regular Meeting minutes of February 28, 2012.

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 February 12, 2012 through February 25, 2012 in the amount of $5,335,310.33.
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 wires 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 for each expenditure is available in the Finance Department.

CC 3. Accept and approve the January, 2012, Monthly Report of Investments as submitted.
CC 3 attachment

Each month, the Finance Department prepares a report listing the investments for all the separate entities under jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report. These component units include: the City of Lancaster, the Lancaster Redevelopment Agency, and the Lancaster Housing Authority.

CC 4. Approve the monumentation work for Parcel Map No. 71630, located on the southwest corner of Avenue J-2 and 10th Street West, Owner: Kern Equities, LLC.
CC 4 attachment

The monumentation work on the listed project has been completed by the Surveyor of Record for the subject subdivision map, inspected, and found to be satisfactory to the City Engineer. Evidence of payment to the Surveyor of Record for completion of the monumentation work has been received.

CC 5. Approve the developer constructed streets and accept the streets for maintenance by the City for Conditional Use Permit No. 10-24, located on the southwest corner of Avenue L and 30th Street West, Owner: Nikiforos Valaskantjis.
CC 5 attachment

The streets have 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 Director of Public Works.

CC 6. Approve the completed water systems installed by the developer for Conditional Use Permit No. 10-24, located on the southwest corner of Avenue L and 30th Street West, Owner: Nikiforos Valaskantjis.
CC 6 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Quartz Hill Water District, and is constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Director of Public Works.

CC 7. Approve and accept an amendment to the existing Subdivision Undertaking Agreement, extending the date of completion to March 13, 2014, submitted by AVE K 22, LLC (“Developer”), for Tract Map No. 061542, located on the south side of Avenue J-12 approximately 296 feet west of 56th Street West.
CC 7 attachment

In the undertaking agreement, the Developer agrees to complete the improvements under which the Project was conditioned. These improvements usually consist of curbs, gutters, sidewalks, asphalt pavement, drainage basins, storm drains, water and sewer systems, landscaping, and street lighting systems. On July 10, 2010, the City and Developer entered into that certain undertaking agreement to complete the required improvements for Tract Map No. 061542. The agreement expired March 1, 2012. On February 9, 2012, the City Engineer received a letter from the Developer requesting an extension.

CC 8. Accept the work constructed by Universal Coatings, Inc. for Informal Bid No. 1104, Transportation Building Roof Repair; direct the City Clerk to file the Notice of Completion for the project; authorize payment of retention, provided no stop notices, as provided by law, have been filed.
CC 8 attachment

Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on December 22, 2011, which was within the time permitted in the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

CC 9. Accept the work constructed by Superior Construction Specialties, Inc. for Public Works Construction Project No. 09-008, American Heroes Park; 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

Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on March 23, 2011, which was within the time permitted in the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

CC 10. Accept the work constructed by Hanes and Associates, Inc. for Public Works Construction Project No. 09-030, “The BLVD Transformation”; 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 10 attachment

Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on December 12, 2011, which was within the time permitted in the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

CC 11. Accept the work constructed by H & H General Contractors, Inc. for Public Works Construction Project No. 10-002, Avenue M Drainage Improvements, 30th Street West to 32nd Street West; 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 11 attachment

Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on January 12, 2012, which was within the time permitted in the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

CC 12. Award Housing and Neighborhood Revitalization Construction Project No. 11-HNRD203, El Dorado Park Neighborhood Improvement Project, to Micon Construction, Inc. of Placentia, California, in the amount of $189,000.00, for the rehabilitation of the existing park equipment and the upgrade of the existing exercise path 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).
CC 12 attachment

On May 10, 2011, the City Council approved the Action Plan for the annual CDBG entitlement grant for developing viable urban communities that encompasses decent housing and a suitable living environment for low- and moderate-income persons which included Neighborhood Rehabilitation & Improvements for neighborhood revitalization projects in several eligible neighborhoods, including the El Dorado neighborhood. The El Dorado neighborhood is bounded by Avenue J, Lancaster Boulevard, Division Street, and Challenger Way (10th Street East).

CC 13. Approve the transfer of $113,923.89 in residual funds from the American Heroes Park Capital Improvement Budget (11GS004) to the Lancaster Museum Art Gallery Capital Improvement Budget (11BS001) to provide sufficient funds for the completion of construction and relocation costs for the Museum of Art and History.

American Heroes Park has been completed and the final project came in under budget. However, there have been additional and unexpected expenses associated with the completion and relocation of the Museum of Art and History and the transfer of these funds will cover these costs.

CC 14. Approve the map and accept the dedications as offered on the map for Parcel Map No. 71763, located on the northwest corner of 15th Street West and Avenue J-5; 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; 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 14 attachment

The Final Map is in substantial conformance with the approved tentative map. Parcel Map No. 71763 has been checked by the City Engineer and is ready for Council approval.

CC 15. Approve and accept for maintenance, the work and materials for the lighting improvements for Lancaster Lighting Maintenance District, Annexation No. 890, Conditional Use Permit No. 07-08, installed by Lean Mean Fighting Machine, located in the area bounded by Lancaster Boulevard, Elm, Milling, and Fig Avenues. Appropriate $880.80 from the first year’s maintenance cost, that has been paid by the developer, to cover the remaining five (5) months of the fiscal year into the Lancaster Lighting Maintenance Operating Account No. 483-4725-660.
CC 15 attachment

The lighting improvements for this tract have been installed by the developer, according to the approved plans and specifications, and have been completed to the satisfaction of the Director of Public Works.

NEW BUSINESS

NB 1. Repeal of Ordinance No. 934 and Chapter 5.50 of the Lancaster Municipal Code
NB 1 attachment

Recommendation:
Introduce Ordinance No. 975, repealing Ordinance No. 934 and Chapter 5.50 of the Lancaster Municipal Code relating to the employment of undocumented workers based on Assembly Bill 1236 (the “Employment Acceleration Act of 2011”), which prohibits the state, or a city, county, city and county, or special district, from requiring an employer to use an electronic employment verification system except when required by federal law or as a condition of receiving federal funds.

NB 2. Amended and Restated Joint Exercise of Powers Agreement with Antelope Valley Transit Authority
NB 2 attachment

Recommendation:
Adopt the Antelope Valley Transit Authority (AVTA) Amended and Restated Joint Exercise of Powers Agreement between the County of Los Angeles, The City of Palmdale, and the City of Lancaster creating an agency to be known as the Antelope Valley Transit Authority and authorize staff to sign the agreement.

The Antelope Valley Transit Authority (AVTA) Amended and Restated agreement was adopted by the AVTA Board of Directors on June 22, 2010. On November 22, 2011, the Board directed staff to resubmit this document to member jurisdictions for adoption by their respective governing boards.

COUNCIL AGENDA

CA 1. Nomination and Appointment of Marvin Crist as Chairman of the Lancaster Housing Authority
Presenter: Mayor Parris

CA 2. Discussion of inadequate cell phone service in the Antelope Valley
Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenters: Council Member Crist and Council Member Mann

LANCASTER FINANCING 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
Conference with legal counsel--existing litigation (Government Code Section 54956.9(a))

• • Save Our Neighborhood Group v. City of Lancaster, et al. (Los Angeles Superior court Case No. BS 121501)
• CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
• Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791
• Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079
• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC45017
• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx) Government Code Section 54956.9(a)

• 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 Dist.,
  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

In memory of Kyle Brooks, Tyler Lynch and Leonard Rohaley II

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk Department 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. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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.