6-12-12 CC-Agency-Authority Minutes

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

Tuesday
June 12, 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, June 8, 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/Chair R. Rex Parris
Vice Mayor/Vice Chair 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

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

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; Vice Chairman Smith; Chair Szeto

INVOCATION
Pastor Michael X. Richardson, Faith Chapel North, Church of God in Christ

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Recognition of the 2011/2012 Youth Commission
   Presenter: Mayor Parris
2. Recognition of Dr. Mark Marshall, Superintendent, Eastside Union School District
   Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of May 22, 2012.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of May 22, 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 May 6, 2012 through May 26, 2012 in the amount of $5,388,009.24.
CC 2 attachment

CC 3. Approve the Supplemental Check and Wire Registers for May 6, 2012 through May 26, 2012 in the amount of $7,920.00.
CC 3 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 4. Accept and approve the April, 2012, Monthly Report of Investments as submitted.
CC 4 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 former Lancaster Redevelopment Agency, and the Lancaster Housing Authority.

CC 5. Adopt Resolution No. 12-24, a resolution of the City Council of the City of Lancaster, California, adopting a Youth Employment Plan for IB 1107, Amargosa Creek Rest Area, Grant No. 58E9-10-2245, funded by the Los Angeles County Regional Park and Open Space District.
CC 5 attachment

The proposed project consists of improvements to the Amargosa Creek Pathway access point at Avenue H-8. The project shall include the construction of a rest area with landscaping, benches, trash receptacles, and a drinking fountain. The project requires the employment of at-risk youth. Accordingly, the project contractor shall employ local youth (ages 14-24) in conformance with the Los Angeles County Regional Park and Open Space District’s requirements.

CC 6. Annual Assessment of the Parking and Business Improvement District (PBID) Levy in The BLVD Association Boundary
CC 6 attachment

A. Adopt Resolution No. 12-25, declaring the intention to continue a Parking and Business Improvement District (PBID) also known as the Downtown Lancaster Business Improvement Area, and set a public hearing to consider the continuation of the District.

B. Approve the District’s FY 2011-2012 Administrative Report and Financial Statements.

In order to permit The BLVD Association to continue making valuable contributions to our downtown, the City Council is required to re-levy the assessment for the existing Parking and Business Improvement District each fiscal year per California Streets and Highways Code Section 36500 et. seq. This action and adoption of the Resolution declare the intention to consider the continuation of the District at a public hearing to be held on June 26, 2012.

Funds generated by this assessment are used by The BLVD Association for the benefit of its member businesses, which also serve as the source of the fees. These funds help to promote the downtown area in a variety of ways, including joint marketing efforts; training opportunities for businesses; and hosting BLVD Association special events. In short, re-levying this assessment will provide the Association with the funding it needs to continue its own programs and support other BLVD events in an ongoing effort to enhance the downtown area and strengthen its many businesses. One hundred percent of the fees collected via this assessment go directly to The BLVD Association; the City merely collects the funds on the Association’s behalf and disburses them to the Association.

CC 7. Public Works Construction Project No. 11-012, Downtown Alley Waterline, Fern Avenue to Ehrlich Avenue
CC 7 attachment

A. Approve Change Orders No. 1 through 4 and increase the total amount of the contract with Tejon Constructors, Inc. of Palmdale, California, for Public Works Construction Project No. 11-012, Downtown Alley Waterline, Fern Avenue to Ehrlich Avenue, by $16,222.30, for a total revised contract amount of $224,771.30, plus a 15% contingency. The scope of work for Change Orders No. 1 through 4 includes revisions necessary after final plan approval by Los Angeles County Water Works and the Los Angeles County Fire Department and associated cost for Contractor insurance renewal due to delay awaiting plan approval.

B. Accept the work constructed by Tejon Constructors, Inc. for Public Works Construction Project No. 11-012, Downtown Alley Waterline, Fern Avenue to Ehrlich Avenue, 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.

Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on April 6, 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 8. Drainage Maintenance District Annual Assessment
CC 8 attachment

A. Adopt Resolution No. 12-26, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Utility Services Manager to prepare and file a report for Lancaster Drainage Benefit Assessment District.

B. Adopt Resolution No. 12-27, preliminarily approving the Engineer's Report, fixing the time and place for public hearing on the levy of the proposed assessment as July 10, 2012 at 5:00 p.m., 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.

Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-2006, as indicated on the diagram, will be assessed a unit assessment of $50.00 per equivalent drainage unit (EDU) for Fiscal Year 2012-2013. The unit assessment for Fiscal Year 2012-2013 remains the same as Fiscal Year 2004-2005, except for those parcels that were annexed during Fiscal Year 2005-2006 or subsequent fiscal years, which will be assessed at a rate reflective of an annual index increase consistent with the consumer price index for Los Angeles-Riverside-Orange Counties. Last year’s rate was $61.09. For Fiscal Year 2012-2013 annexations, the rate of assessment will be $62.37 per assessment unit, including the established CPI adjustment of 2.1% ($61.09 + ($61.09 x .021) = $62.37).

CC 9. Lighting Maintenance District Annual Assessment
CC 9 attachment

A. Adopt Resolution No. 12-28, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Utility Services 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

B. Adopt Resolution No. 12-29, preliminarily approving the Engineer’s Report, fixing time and place for public hearing on the levy of the proposed assessment as July 10, 2012 at 5:00 p.m., 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.

The 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.

Last year’s rate was $89.17. For Fiscal Year 2012-2013, the rate of assessment will be $91.04 per lighting unit, including the established CPI adjustment of 2.1% ($89.17 + ($89.17 x 0.021) = $91.04), except for those parcels within the zones that voted "no" as shown on "Exhibit C", which will remain at $45.00 per lighting unit.

CC 10. Landscape Maintenance District Annual Assessment
CC 10 attachment

A. Adopt Resolution No. 12-30, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Utility Services 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. 12-31, preliminarily approving the Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment as July 10, 2012 at 5:00 p.m., 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.

The Lancaster Landscape Maintenance District No. 1 and the 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.

Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-2006, as indicated on the diagram, will be assessed a unit assessment of $80.00 for Fiscal Year 2012-2013. The unit assessment for Fiscal Year 2012-2013 is the same as Fiscal Year 2004-2005, except for those parcels that were annexed beginning Fiscal Year 2005-2006, which will be assessed at a rate reflective of an annual index increase consistent with the consumer price index for Los Angeles-Riverside-Orange Counties. Last year’s rate was $97.74 per benefit unit. For Fiscal Year 2012-2013, the rate of assessment will be $99.79 per benefit unit, including the established CPI adjustment of 2.1% ($97.74 + ($97.74 x 0.021) =$99.79). Last year’s rate for the Fox Field Industrial Corridor Landscape Maintenance District was $0.3245 per benefit unit. For Fiscal Year 2012-2013, the rate of assessment will be $0.33 per benefit unit, including the established CPI adjustment of 2.1% ($0.3245 + ($0.3245 x 0.021) = $0.33).

CC 11. Adopt Resolution No. 12-32, authorizing the City Manager or his designee to make the application to Los Angeles Homeless Services Authority (LAHSA) for the Winter Shelter Program (WSP) funds and to execute a standard agreement, any amendments, and/or related documents to receive such funds and to take other actions necessary to facilitate the proposed; and, appropriate an estimated $73,225.00 for the WSP to Account No. 261- 4542-770 to fund the program.
CC 11 attachment

The LAHSA is a joint powers authority created by the City and County of Los Angeles for the purpose of planning, coordinating and managing resources for homeless programs. The purpose of the WSP is to provide homeless individuals and families with temporary emergency shelter and entry into the system of services and housing known as the “continuum of care”.

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 will operate from November 1, 2012 to approximately March 15, 2013.

PUBLIC HEARING

PH 1. Proposed Fiscal Year 2012/13 Budget

Recommendation:
Receive report and public testimony and direct staff to schedule budget adoption for June 26, 2012.

Cities are required to adopt a budget by July 1 of each year that establishes appropriations and estimated revenues for the coming fiscal year. To address City Council direction and priorities, the proposed budget has been developed to provide a prudent and functional financial platform from which to sustain the City’s operational capabilities in spite of continuing economic challenges. Broadly, the proposed budget maintains the community service levels and public safety initiatives that Council has put in place and expanded over the last four years.

PH 2. Lancaster Sewer System
PH 2 attachment

Recommendation:
Adopt Resolution No. 12-33, a resolution of the City Council of the City of Lancaster, California, levying Lancaster Sewer System Service Charges for maintenance and servicing of the Lancaster Sewer System for Fiscal Year 2012-2013.

On December 12, 2006, City Council adopted Resolution No. 06-245, requesting withdrawal from the Consolidated Sewer Maintenance District. On April 24, 2007, City Council introduced Ordinance No. 876, adopting Chapter 13.09 of the Municipal Code establishing a sewer service charge and also adopted Resolution No. 07-89, fixing the time and place for a public hearing relative to the collection of a sewer service charge beginning in Fiscal Year 2007-2008. On May 8, 2007, Council adopted Ordinance No. 876. On June 26, 2007, after a public hearing, Council adopted Resolution No. 07-124, ordering and levying an operations charge and a replacement charge in the Lancaster Sewer System for Fiscal Year 2007-2008 and approved the maximum sewer service charge. The City began operations and maintenance, of the sewer collection system on July 1, 2008, as directed by City Council.

The proposed sewer service charge is $78.00 per sewage unit and will not be increased for Fiscal Year 2012-2013.

CONTINUED NEW BUSINESS

CNB 1. Council Member Committee Assignments

Recommendation:
Discuss and consider appointments to various committees/organizations.

As part of the reorganization of the City Council, there are legislative bodies that require by statute or by agreement (i.e. JPA) appointments to committees and/or organizations by the Council.

NEW BUSINESS

NB 1. Southern California Edison Cool Center Program

Recommendation:
Approve appropriations for Southern California Edison Cool Center program in the amount of $7,300.00 for FY 2011-12 to Expense Account No. 349-4660-770 and $7,300.00 for FY2011-12 to Revenue Account No. 349-3303-100.

The California Public Utilities Commission (CPUC), in D08-11-031, authorized the operation of Cool Centers that will provide low income, seniors and disabled Customers in hot climates, an air-conditioned facility where they can gather during SCE’s peak summer months (in lieu of running their own cooling devices at their home) and increase awareness about energy efficiency practices through education. Through a competitive selection process, the City of Lancaster has been chosen for the second year in a row by Southern California Edison as a Cool Center location for 2012.

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 (CITY COUNCIL/SUCCESSOR AGENCY)

1. Conference with Labor Negotiator (Government Code Section 54957.6)
   • Labor Negotiator, City Manager; Employee Organization, Teamsters Local 911
2. Conference with Legal Counsel—Initiation of Litigation (Government Code Section 54956.9(c)
   
   • (One Case)
   
   Conference with legal counsel – existing litigation (Government Code Section 54956.9(a))
3. The Community Action League v. City of Lancaster - United States District Court Case No. 11-CV-4817-ODW-VBK
4. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501
5. CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
6. Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791
7. Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079
8. Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC45017
9. Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
10. 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 (Agency, Council and Authority)
Next Regular Meeting:
Tuesday, June 26, 2012 - 5:00 p.m.

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.