3-27-12 CC-Agency-Authority Minutes

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

Tuesday
March 27, 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 23, 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 Cary Schmidt, Lancaster Baptist Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month – Hayden Zimmerman – Quartz Hill High School
   Presenter: Mayor Parris
2. S.O.A.R. (Students On Academic Rise) High School Student of the Month – Rishe Sivagnanam
   Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

CONSENT CALENDAR

HA CC 1. Adopt Resolution No. HA 01-12, authorizing the Executive Director or his designee as the signatories for securities, real estate and other investment transactions.
HA CC 1 attachment

The adoption of Resolution No. HA 01-12 will designate the individuals as authorized signatories of the Housing Authority. The Executive Director or his designee and the Deputy Executive Director or his designee will be authorized to accept for and dispose of any interest in real property as approved by the Lancaster Housing Authority.

HA CC 2. Adopt Resolution No. HA 02-12, modifying the designation of the officers of the Housing Authority.
HA CC 2 attachment

By the adoption of Resolution No. HA 02-12, the current and approved positions held by staff within the organization of the City of Lancaster will reflect the title of the officers of the Housing Authority.

NEW BUSINESS

HA NB 1. Disposition strategy for the sale of single-family residences
HA NB 1 attachment

Recommendation:
Adopt Resolution No. HA 03-12, approving a disposition strategy for the sale of single-family residences acquired by the Lancaster Redevelopment Agency and transferred to the Housing Authority.

The Lancaster Redevelopment Agency purchased and rehabilitated one hundred three properties under the Neighborhood Foreclosure Program and those properties have been assigned to the Lancaster Housing Authority. These properties will be marketed and sold to potential homeowners who agree to purchase the properties for appraised value and agree to the recording of Declaration of Covenants, Conditions, and Restrictions. The Affordability Covenants, Conditions, and Restrictions contain affordability requirements and restrict the resale of the property to be owner occupied for forty-five years. The properties will be listed and sold through the Greater Antelope Valley Association of Realtors members, via the local area Multiple Listing Service to qualified homebuyers.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Approve Recognized Obligation Payment Schedule for the Period July 1– December 1, 2012

Recommendation:
Approve the Recognized Obligation Payment Schedule for the period July 1 – December 31, 2012 and direct staff to bring before the Oversight Board for approval, once a quorum is appointed.

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 Appropriation of Funds to Replenish Bond Reserves

Recommendation:
Acting as the Successor Agency to the Lancaster Redevelopment Agency, approve appropriation in the amount of $3,107,601.00 to Account No. 991-4540251 from tax increment revenues previously received to replenish bond reserves.

At a meeting held by the Los Angeles County Auditor-Controller staff was advised that pass-through payments to other taxing entities that would have been the responsibility of the Agency, and for which funds were being held, would be calculated and remitted by the Auditor-Controller. This direction allows the funds being held to be used to replenish the required bond reserves.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/Power Authority Regular Meeting minutes of March 13, 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 26, 2012 through March 10, 2012 in the amount of $4,547,721.01.
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. Adopt Ordinance No. 975, an ordinance of the City Council of the City of Lancaster, California, repealing Chapter 5.50 of the Lancaster Municipal Code relating to the employment of undocumented workers.
CC 3 attachment

This ordinance repeals Ordinance No. 934, including Chapter 5.50 of the Lancaster Municipal Code, in order to conform to the Employment Acceleration Act of 2011.

CC 4. Approve the developer constructed streets and accept the streets for maintenance by the City for: Conditional Use Permit No. 05-27, located on the southwest corner of Lancaster Boulevard and 18th Street East, Owner: Agape Community Church and Director’s Review No. 10-78, located at 565 West Kettering Street, Owner: Sacred Heart Church.
CC 4 attachment

The streets have been constructed and completed by the developers 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 completed water systems installed by the developer for: Conditional Use Permit No. 05-27, located on the southwest corner of Lancaster Boulevard and 18th Street East, Owner: Agape Community Church; Conditional Use Permit No. 08-17; located on the southeast corner of Avenue J and 15th Street West, Owner: Granite Peak Property Investments; and Director’s Review No. 10-78, located at 565 West Kettering Street, Owner: Sacred Heart Church.
CC 5 attachment

The water systems on these projects have been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, and are 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 6. Approve and accept an amendment to the existing Subdivision Undertaking Agreement, extending the date of completion to March 27, 2014, submitted by Davidon Homes of California (“Developer”), for Tract Map No. 062845, located on the northwest corner of Avenue M and 32nd Street West.
CC 6 attachment

On April 27, 2010, the City and Developer entered into that certain undertaking agreement to complete the required improvements for Tract Map No. 062845. The agreement will expire April 27, 2012. On February 15, 2012, the City Engineer received a letter from the Developer requesting an extension.

CC 7. Approve the appropriation of $88,171.00 in Grant Funds from the Department of Resources Recycling and Recovery 2011/12 Farm and Ranch Grant Program to Revenue Account No. 330-3304-400 and corresponding Expense Account No. 330-4755-772.

The City of Lancaster was awarded $88,171.00 in Grant Funds from the Department of Resources Recycling and Recovery (CalRecycle) from January 2012 until May 2013 to fund a Farm and Ranch Cleanup program. These funds will be used to abate, clean, and restore distressed farm and ranch properties that have been inundated by illegal dumping activities.

CC 8. Adopt Resolution No. 12-15, authorizing the City Manager to apply for a Los Angeles County Metropolitan Transportation Authority (LACMTA) 2012 Transit Oriented Development (TOD) Grant Program to fund creation of a new TOD Overlay Zone, and authorizing the City Manager or his designee to execute all documents relative to the grant.
CC 8 attachment

The City of Lancaster has a vision for a Livable Community, which includes health, safety, economic vitality, and sustainability. Staff proposes creating a TOD Overlay Zone adjacent to the Lancaster Metrolink Station to further this vision. The TOD benefits the general health and welfare of the inhabitants of the City by fulfilling existing housing, transportation and employment needs.

CC 9. Adopt Resolution No. 12-16, authorizing the City Manager, or his designee, to apply for all funds available to the City of Lancaster, from the Los Angeles County Metropolitan Transportation Authority, allocated for street and road improvements for the Fiscal Year 2011-2012 in the amount of $4,152,543.
CC 9 attachment

Annually, the Los Angeles County Metropolitan Transportation Authority allocates Transportation Development Act (TDA) Article 8 funds to fund unmet transit needs in areas outside the Metro service area.

CC 10. Increase estimated revenues in Account No. 363-3100500 in the amount of $1,500,000.00 from the sale of Neighborhood Stabilization Program (NSP) homes; appropriate Salaries in the amount of $106,030.00 per Schedule A and Program Expenditures in the amount of $1,393,970.00 to Account No. 363-4542780.
CC 10 attachment

The request for the appropriation will make the funds available to cover the cost of eligible activities associated with the Neighborhood Stabilization Program and assist the City in maintaining the acquired and rehabilitated NSP homes.

CC 11. Approve the map and accept the dedications as offered on the map; Parcel Map No. 71763, located on the northwest corner of 15th Street West and Avenue J-5, owned by the Antelope Valley Hospital District; 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 11 attachment

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

CC 12. Accept the work constructed by Cal Fran Engineering, Inc. for Public Works Construction Project No. 10-010, Avenue I and 20th Street East Drainage Improvements, 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.
CC 12 attachment

The project has been completed to the satisfaction of the Director of Public Works, and was considered substantially complete February 2, 2012, within the time permitted in the contract. The actual construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

CC 13. Approve the appropriation of $60,069.00 in Proposition A funds to Lancaster City Park operating accounts for the care and maintenance of the Antelope Valley Transportation Authority (AVTA) transfer center.
CC 13 attachment

Recent improvements were made by the AVTA to the transfer center at Lancaster City Park that created increased demands to maintenance operations. Due to its proximity to the park it is important to maintain an appropriate standard of care and maintenance. This appropriation of funds would provide for increased labor, materials and equipment, including the initial purchase of a hot water pressure washer to remove oil stains.

CC 14. Approve a two-year agreement with the Antelope Valley Special Olympics for use of City aquatic facilities. This agreement maintains existing service to Antelope Valley Special Olympics and accommodates their need for use of City pool facilities.
CC 14 attachment

This action is a renewal of their current agreement and continues to provide enhanced services within this co-sponsorship agreement. The agreement provides the same services requested by the Special Olympics to accommodate their needs while decreasing the months of use as they requested. It remains specific to instruction and training.

CC 15. Approve a two-year agreement with Oasis Aquatics, Inc. for use of City aquatic facilities. Oasis Aquatics has been using Eastside Pool and Webber Pool for over seventeen years. This action is a renewal of their current agreement and continues to provide an improved method of tracking actual Oasis usage of the City swimming pool facilities.
CC 15 attachment

This agreement will help staff continue to serve Oasis Aquatics, and accommodate their use of City pool facilities. It will also allow staff to meet the increased demand for use of the City swimming pool facilities for City aquatics programs, Oasis Aquatics use, Special Olympics use, requests for use from high school swim teams and for pool rental requests from community organizations. Through this agreement, the City of Lancaster also continues to work in cooperation with Oasis Aquatics, Inc.

NEW BUSINESS

NB 1. Introduction of Local Hiring Ordinance
NB 1 attachment

Recommendation:
Introduce Ordinance No. 977, establishing Chapter 3.36 of the Lancaster Municipal Code regarding local hiring in public works contracts.

The ordinance will require contractors who are awarded public works contracts to make a good faith effort to employ qualified individuals who are residents of the Antelope Valley. The contractors will do so with the assistance of local employment agencies, hiring halls, and other local organizations with the goal that 50% of the workforce is comprised of Antelope Valley residents. This provision would not apply to contracts when the funding would be jeopardized because of this hiring preference.

NB 2. Preparation of an Environmental Impact Report for the Ecolution Materials Recovery and Conversion Facility
NB 2 attachment

Recommendation:
Authorize the retention of Environmental Science Associates (ESA) for the preparation of an Environmental Impact Report for the Ecolution Materials Recovery and Conversion Facility.

On February 14, 2012, the City of Lancaster entered into a Material Recovery and Conversion Facility Agreement and Exclusive Negotiating Agreement with OEC-Lancaster, LLC. These agreements require that the project be permitted, constructed and operational within 24 months of the effective date of the agreement. As part of the permitting process, the preparation of an EIR is necessary. All costs associated with the EIR will be reimbursed by the project developer.

COUNCIL AGENDA

CA 1. Nomination and Appointment of Kitty Szeto as Chair of the Lancaster Housing Authority
Presenter: Mayor Parris

CA 2. Nomination and Appointment of Steven Eglash to the Lancaster Museum and Public Art Foundation (LMPAF) Board of Directors
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))

• 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
Pursuant to action taken by the City Council/Financing/Housing Authority on November 8, 2011, there will not be a City Council//Financing/Housing/Power Authority meeting on April 10, 2012, due to the City’s General Municipal Election.

Next Regular Meeting:
Tuesday, April 24, 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.