8-14-12 CC-Agency-Authority Minutes

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

Tuesday
August 14, 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, August 10, 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 Carlos Souza, Salvation Army Antelope Valley Corps

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month Award – Joel Zarley, Quartz Hill High School
   Presenter: Mayor Parris
2. "Parks on the Go" Van Presentation to Rick Clutter
   Presenter: Mayor Parris
3. Los Angeles Sheriff's Department Employee, Investigator and Street Cops of the Quarter
   Presenters: Mayor Parris and Los Angeles County Sheriff Captain Bob Jonsen

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of July 24, 2012.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Approve Recognized Obligation Payment Schedule for the Period January 1, 2013 to June 30, 2013
SA NB 1 attachment

Recommendation:
Adopt Resolution No. SA 04-12, approving the Recognized Obligation Payment Schedule for the period January 1, 2013 to June 30, 2013 and directing staff to bring before the Lancaster Successor Agency Oversight Board for approval.

AB x 1 26 requires the Successor Agencies of the previous redevelopment agencies to prepare Recognized Obligation Payment Schedules (ROPS) that list obligations to be paid for the coming six month period. These schedules are used by the county auditor-controller in determining the amount of property tax revenues to distribute to the Successor Agency.

SA NB 2. Approve Recognized Obligation Payment Schedule for the Period January 1, 2013 to June 30, 2013
SA NB 2 attachment

Recommendation:
Adopt Resolution No. SA 05-12, approving the Successor Agency Budget for the period of January 1, 2013 to June 30, 2013 as detailed in Attachment A.

AB x 1 26 requires the successor agencies to adopt six month budgets. The budget is developed from the enforceable obligations listed on the recognized obligation payment schedules.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of July 24, 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 July 8, 2012 through July 28, 2012 in the amount of $15,542,995.79.
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 June 2012, 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. These component units include: the City of Lancaster and the Lancaster Housing Authority.

CC 4. Accept the interior street trees for maintenance by the City for Tract No. 062075, Lots 3-20, on the northwest corner of Nugent and Driftwood Streets. Owner: KB Home Coastal, Inc.
CC 4 attachment

The interior street trees have been installed 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 5. Approve the monumentation work for Parcel Map No. 71379, Private Contract No. 05-49, located between Date and Beech Avenues, bounded by Jackman and Kettering Streets. Owner: Roman Catholic Archbishop of Los Angeles.
CC 5 attachment

The monumentation work on this 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 6. Approve the following developer installed sanitary sewer and accept this sewer for maintenance by the City for Site Plan Review No. 05 07, located on the southwest corner of Avenue L 14 and 12th Street West. Owner: Robert Stephens.
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 Director of Public Works.

CC 7. Approve the following developer installed sanitary sewer and accept this sewer for maintenance by the City and for public use for Tract No. 060241, located on the southwest corner of Jackman Street and 30th Street West. Owner: Beazer Homes Holdings Corp.
CC 7 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 Director of Public Works.

CC 8. Award Informal Bid No. 1203, Street Nuisance Water Improvements, Avenue K, 11th Street East to Carol Drive, to ANM Construction & Engineering of Lancaster, California, in the amount of $166,850.00, plus a 10% contingency. Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Code Section 22038(b).

Avenue K, between 11th Street East and Carol Drive, has a history of significant nuisance water and flooding during rain events. An underground drainage system was installed in 2005 to help capture the nuisance water between 11th Street East and Carol Drive and convey it into an existing 50’ wide drainage easement between 11th Street East and Yaffa Street. That system has become ineffective due to blockages and causes flooding and standing water in the gutters and street year round. The proposed project will upgrade eight existing drainage inlets into standard curb opening catch basins, remove and restore the existing leach system, and correct flow-lines in the gutters from 11th Street East to Carol Drive (including the commercial driveway just west of 11th Street East).

CC 9. Adopt Resolution No. 12-57, rescinding the approvals of Resolution No. 09-36 (General Plan Amendment No. 05-01, Certification of Environmental Impact Report SCH#2007071049 and related environmental findings), and Ordinance No. 923 (Zone Change No. 05-01), and Conditional Use Permit No. 07-12, pursuant to the order of the Superior Court in the decision of SONG vs. City of Lancaster and AV California LLC, dated December 15, 2011.
CC 9 attachment

General Plan Amendment No. 05-01 and Zone Change No. 05-01 were approved by the City Council in May 2009. Conditional Use Permit No. 07-12 was approved by the City Council in June 2009. Following approval of the actions, the adequacy of the environmental impact report was challenged by Save Our Neighborhood Group (SONG). The Superior Court denied SONG’s challenge in a judgment issued in April 2010, a ruling that was appealed to the Court of Appeal. The Court of Appeal ruled in favor of SONG in June 2011, with the Superior Court subsequently issuing the noted judgment on December 15, 2011.

CC 10. Approve appropriations for the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $78,392.00 to Expense Account No. 399-4820-304 and Revenue Account No. 399-3308-200.

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) will allow states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system.

CC 11. Adopt Resolution No. 12-58, a resolution of the City Council of the City of Lancaster, CA approving amendments to the Personnel Rules and Regulations.
CC 11 attachment

Certain clarifications and minor amendments to the City Personnel Rules and Regulations were required to reflect changes to the compensation and benefit program approved for non-represented employees. The City Council approved these revisions at their meeting of June 26, 2012. Additionally, the document integrates and/or provides clarification of existing policies and practices approved by Council along with updating necessitated by changes to State or Federal law.

JOINT NEW BUSINESS

JNB 1. Approve a Loan between the Lancaster Successor Agency and the City of Lancaster for Administrative Expenses for the Period July 2012 – December 2012
JNB 1 attachment

City Council Recommendation:
Adopt Resolution No. 12-60, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for administrative expenses for the period July 2012 to December 2012 pursuant to H & S Code Section 34173(h).

Succesor Agency Recommendation:

Adopt Resolution No. SA 06-12, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for administrative expenses for the period July 2012 to December 2012 pursuant to H & S Code Section 34173(h).

At its regular meeting of May 22, 2012, the City of Lancaster (City) agreed to provide administrative support to the Lancaster Successor Agency (Agency) for the purpose of complying with the Redevelopment Dissolution Act AB x 1 26. The Act provides for funding of administrative expenses through property tax distribution, if funds are available. Based on the requirements of AB x 1 26 and the required flow of funds for the June 1 property tax distribution, no funds were available for the administrative allowance.

AB1484, the Redevelopment Dissolution/Unwind Trailer Bill enacted as part of the state budget package on June 27, 2012, provides the ability for the City to make a loan to the Agency for administrative costs. The loan becomes an enforceable obligation of the Agency, and is to be included on the Recognized Obligation Payment Schedule for repayment through future property tax distributions.

NEW BUSINESS

NB 1. Presentation on City Pavement Management Program and Public Works Construction Project No. 12-009, Pavement Preservation Re-HEAT Asphalt Project

Recommendation:
Presentation on City Pavement Management Program

Award Public Works Construction Project No. 12-009, Pavement Preservation Re-HEAT Asphalt Project, to Gallagher Asphalt of Thornton, IL, in the amount of $1,164,543.20 plus a 5% contingency and authorize the City Manager, or his designee, to sign all documents.

In response to the current economic climate, rising construction costs, increased traffic, and aging roadways, the Public Works Department has evaluated new, cost efficient and environmentally responsible alternatives to conventional paving methods. Re-HEAT (recycled hot emulsified asphalt treatment) was identified to fit the bill. Re-HEAT is a revolutionary process, that will reduce costs by 30%, reduce our carbon footprint by 63%, preclude the need for new asphalt, greatly reduce construction traffic and return traffic to treated roads quicker than a traditional mill and overlay process. The City of Lancaster will be the first to implement this technology in California.

As part of the Pavement Preservation Program, this project is designed to repair and resurface Avenue I from Division Street to Challenger Way, Avenue J from 10th Street West to 20th Street West, 15th Street West from Lancaster Boulevard to Avenue J, Fern Avenue from Avenue I to Lancaster Boulevard and the southerly Avenue I frontage road from 15th Street West to 20th Street West with a Reconstituted (Re-HEAT) asphalt pavement surface.

NB 2. Joint Powers Agreement between the City of Lancaster and the City of San Jacinto, for the establishment of the California Clean Energy Authority
NB 2 attachment

Recommendation:
Adopt Resolution No. 12-59, a resolution of the City Council of the City of Lancaster, California, approving a Joint Powers Agreement (JPA) between the City of Lancaster (Lancaster) and the City of San Jacinto (San Jacinto), for the establishment of the California Clean Energy Authority (CCEA), a Joint Powers Authority; approve the Joint Exercise of Powers Agreement between Lancaster and San Jacinto and authorize the City Manager, or his designee, to sign all documents.

With San Jacinto as the first member agency, staff envisions launching the Solar San Jacinto program with a variety of renewable energy projects in the City of San Jacinto benefiting the residents and business owners through savings with little or no upfront costs. These programs will also offer the City of San Jacinto potential savings on municipal facilities similar to those built here in Lancaster. In addition to these money saving opportunities, opportunities to partner with San Jacinto school district, college district and police department exist. These opportunities offer a potential revenue stream to the CCEA to offset administrative expenses.

NB 3. Proposed amendment to the Lancaster Municipal Code relating to the use of skateboards and other similar devices
NB 3 attachment

Recommendation:
Introduce Ordinance No. 980 (the “Ordinance”), adding Chapter 8.56 to the Lancaster Municipal Code relating to the use of skateboards and other similar devices.

Adopt Resolution No. 12-56 (the “Resolution”), designating no skateboarding or roller skating areas pursuant to the Ordinance (which shall become effective only when, and if, the Ordinance is adopted).

The Ordinance was presented at the July 24, 2012 City Council meeting. At that meeting the City Council designated Council Member Crist to meet with staff and various stakeholders to consider modifications to the Ordinance. Subsequently the City invited representatives from the Sheriff’s Department, Artist Lofts, Pharmacy Board Shop, and BLVD Association to discuss their concerns and solutions to insure the public’s safety on the BLVD. As a result, a modified map was created to identify the no skateboard areas for public right-of-ways. The Ordinance also now includes reference to State law requiring helmets for skate boarders.

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 – July 26, 2012 meeting
Presenter: Council Member Mann

CR 2. Report on the Activities of the Board of Directors for District No. 14 of the County Sanitation Districts of Los Angeles County – August 2, 2012 meeting
Presenter: Council Member Mann

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

Conference with Legal Counsel – Potential Litigation – 1 Case - (Government code section 54956.9 (b))

Conference with Legal Counsel – Pending Litigation (Government code section 54956.9 (a))

1. City of Palmdale, et al. v. City of Lancaster et al. Case No. BC 443280

Conference with Legal Counsel--Existing Litigation (Government Code Section 54956.9(a))

1. The Community Action League v. City of Lancaster - United States District Court Case No. 11-CV-4817-ODW-VBK
2. CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
3. Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC45017
4. Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
5. Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791
6. Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079
7. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501
8. 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 Mark McQueen

Next Regular Meeting:
Tuesday, August 28, 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.