10-9-12 CC-Agency-Authority Minutes

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

Tuesday
October 9, 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, October 5, 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

Bishop Don Sather, Church of Jesus Christ of Latter-day Saints

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1) Presentation to Streets of Lancaster Grand Prix winners
Presenter: Mayor Parris

2) Los Angeles Sheriff's Department Law Enforcement Technicians
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 September 25, 2012.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Due Diligence Review of the Low and Moderate Housing Fund
SA NB 1 attachment

Recommendation :

Review and accept the Due Diligence Review of the Low and Moderate Housing Fund.

AB 1484 required Due Diligence Reviews be undertaken by successor agencies of their low and moderate housing fund no later than October 1, 2012. The legislation required this review to be conducted by a licensed accountancy firm that was approved by the County Auditor-Controller. The City of Lancaster engaged Lance, Soll & Lunghard (LSL), CPAs to conduct the reviews, the purpose of which was to determine if there are housing funds to be remitted to the county for distribution to taxing entities. The review concluded that there are no housing funds to be remitted. The special meeting of the Oversight Board on October 8, 2012 opened the public comment period for the Review. The Review will be brought back to the Oversight Board for approval, along with any comments received, on October 15, 2012.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of September 25, 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 September 9, 2012 through September 22, 2012 in the amount of $2,531,244.20.
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 information for each expenditure is available in the Finance Department.

CC 3. Accept and approve the August 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. Adopt Ordinance No. 982, an ordinance of the City Council of the City of Lancaster, California authorizing an amendment to the contract between the City Council of the City of Lancaster and the Board of Administration of the California Public Employees' Retirement System.
CC 4 attachment

As part of the City's Meet and Confer process, agreements were reached between the City and its employees for a new three year benefit package. These agreements were approved by the City Council at its meeting of June 26, 2012. The agreements require the City to contract with CalPERS for the 2.7% at age 55 benefit option to replace the current 2.0% at age 55 benefit option and .7% PARS supplement. In exchange, employees agreed to pay a portion of the City's cost for providing that benefit starting in January 2013 with a salary deduction of 2.5% and increasing in January 2014 to 3.5% and in July 2014 to a full 4% deduction. (This change does not increase the retirement benefit for employees but it does require employees to pay a portion of their pension costs.)

CC 5. Approve the monumentation work for the acceptance of improvements for Parcel Map No. 71248, located on the northwest corner of Avenue L-8 and 57 ^th Street West. Owner: Yvonne Lane, Trustee of the Frank and Yvonne Lane 1993 Family Trust.
CC 5 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 6. Approve appropriation in the amount of $27,000.00 for the 2012 Farmers' Market Promotion Program Grant and increase estimated revenues by the same amount as detailed in Attachment A.
CC 6 attachment

Lancaster has been awarded $27,000.00 by the United States Department of Agriculture for the 2012 Farmers' Market Promotion Program Grant. The objective of the grant is to promote our farmers' market through workshops and an educational campaign that will increase low-income and low-food-access consumers' access to healthy food and increase market sales. The grant period is October 1, 2012 through September 30, 2013 and does not have a match requirement.

CC 7.
CC 7 attachment

Adopt Resolution No. 12-62, providing for the pickup under Internal Revenue Code Section 414(h) (2) of employee contributions to the California Public Employees' Retirement System (CalPERS).

Adopt Resolution No. 12-63, amending and restating the City of Lancaster Public Agency Retirement System (PARS) Retirement Enhancement Plan.

As part of the City's Meet and Confer process, agreements were reached between the City and its employees for a new three year benefit package. These agreements were approved by the City Council at its meeting of June 26, 2012. The agreements require the City to contract with CalPERS for the 2.7% at age 55 benefit option to replace the current 2.0% at age 55 benefit option and .7% PARS supplement. In exchange, employees agreed to pay a portion of the City's cost for providing that benefit starting in January 2013 with a salary deduction of 2.5% and increasing in January 2014 to 3.5% and in July 2014 to a full 4% deduction. (This change does not increase the retirement benefit for employees but it does require employees to pay a portion of their pension costs.)

NEW BUSINESS

NB 1. Acquisition of Operating Covenant and Restrictive Covenant with Clutter Motors
NB 1 attachment

Recommendation :

Approve Acquisition of Operating Covenant and Restrictive Covenant with Clutter Motors and authorize the City Manager or his designee to execute all required documents; appropriate $300,000.00 from General Fund Balance to Account No. 101-4540-308. Funds shall be provided to Clutter Motors for the purpose of acquisition of an Operating Covenant and Restrictive Covenant.

The City of Lancaster has the opportunity to cause $2,000,000.00 to be invested in the Honda and Subaru Dealerships in the Lancaster Auto Mall. The Council is being asked to approve an agreement which will include the purchase of an operating covenant for $300,000.00 that will be paid back over a three year period with interest. This accommodation will allow the renovation of both dealerships which will increase activity and new sales tax to fund City priorities.

NB 2. Avenue K-8 Bike Facilities Improvements Bicycle Transportation Account Grant Funds

Recommendation :

Approve the use of $858,237.00 in California Bicycle Transportation Account (BTA) funding and create Capital Improvement Project Avenue K-8 Bike Facilities Improvements (15BW007); appropriate $858,237.00 in BTA funds to Capital Improvement Budget Account No. 399-15BW007-924, $100,000.00 in TDA Article 3 funds to Capital Improvement Budget Account No. 208-15BW007-924 and $75,000.00 in Proposition 42 funds to Capital Improvement Budget Account No. 252-15BW007-924. Increase estimated revenues by $858,237.00 in Account No. 399-3302104 for the BTA Grant funds

The Bicycle Transportation Account (BTA) program is an annual program providing state funds to improve safety and convenience for bicycle commuters with focus on functional commuting needs and physical safety improvements. On September 25, 2012, Caltrans announced that 39 project applications were selected for funding. The City of Lancaster project was awarded the highest amount of BTA funds amongst all successful grant applications. The City of Lancaster was awarded funding for the Avenue K-8 Bike Facilities Improvements. These improvements will include the widening and restriping of Avenue K-8, beyond the limits of the SR14 bridge, to accommodate Class II bike lanes, the modification of the 10^th Street West and Avenue K-8 intersection with signal video detection for bicycles, resurfacing, striping and lighting improvements of the bikeway between 10^th Street West and Sierra Highway, and a new signal at Sierra Highway and Avenue K-8.

COUNCIL AGENDA

CA 1. California State Proposition 32

Discussion and possible action regarding California State Proposition 32

Presenter: Mayor Parris

CA 2. Lancaster School District Measure L

Discussion and possible action regarding Lancaster School District Measure L

Presenter: Mayor Parris

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--Existing Litigation - Government Code Section 54956.9(a)

• The Community Action League v. City of Lancaster - United States District Court Case No. 11-CV-4817-ODW-VBK
• CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
• GOVERNMENT CODE SECTION 54956.9 (a) - Pending Litigation-Palmdale v. Lancaster - Case Number BC443280
• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC488907
• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
• 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
• Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501

• 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

Next Regular Meeting:

Tuesday, October 23, 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.