7-24-12 CC-Agency-Authority Minutes

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

Tuesday
July 24, 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, July 20, 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
Father Leo Dechant, Blessed Junipero Serra Parish

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month Award – Joel Zarley, Quartz Hill High School
   Presenter: Mayor Parris
2. Recognition of Section 8 Fraud Investigators; John O’Neal; Alan Mullins; Gary Brody
   Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of June 26, 2012.

CONSENT CALENDAR

HA CC 1. Adopt Resolution No. HA 07-12, a resolution of the Lancaster Housing Authority, authorizing staff to submit to the Department of Finance (DOF) on format to be developed by DOF, a list of all housing assets transferred to the Lancaster Housing Authority.
HA CC 1 attachment

POWER AUTHORITY ACTIONS

CONSENT CALENDAR

PA CC 1. Approve the amendment to the Lancaster Power Authority’s Master Solar Power Purchase and Sale Agreement with Beautiful Energy, LLC (BE).
PA CC 1 attachment

The Lancaster Power Authority entered into a Master Solar Power Purchase and Sale Agreement with BE on December 13, 2011 to develop and finance up to 50 MW of solar projects with the intent to sell the power generated on a wholesale basis to other utilities throughout the State of California. Included in this agreement is an “Exclusive Relationship” clause in which the LPA commits not to enter into a prepaid power purchase agreement under similar terms for renewable energy facilities which generate greater than 1 MW in capacity. This amendment merely extends the exclusivity period through May 31, 2013 to allow both parties to continue current discussions with potential offtakers, or clients for the renewable energy generated, as well as to conduct additional marketing and negotiate power purchase agreements.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of July 10, 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 June 24, 2012 through July 7, 2012 in the amount of $5,818,144.61.
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. Approve the agreement with the California Department of Corrections & Rehabilitation (CDCR) Contract No. 5600003246 for inmate community service work crews and authorize the City Manager, or his designee, to sign all documents.
CC 3 attachment

The City of Lancaster has contracted with the California Department of Corrections and Rehabilitation in the past for extension of work force labor. These crews perform essential tasks such as weed abatement, graffiti removal, litter removal, painting, pruning trees and shrubs, and miscellaneous landscaping work. The California State Prison, Los Angeles (CSPLA) work crews also assist staff efforts in maintaining the sweeper dump transfer site by conducting daily cleanup and wash down support. This agreement will provide for one (1) crew with six (6) to ten (10) members, five days per week, 200 days each year until June 30, 2015.

CC 4. Approve the completed sewer system installed by the developer 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 4 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 5. Approve the developer constructed streets and accept the streets 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 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 and accept an amendment to the existing Subdivision Undertaking Agreement, extending the date of completion to July 24, 2013, submitted by Robert Matta ("Subdivider") for Tract Map No. 39910, located on the southeast corner of Avenue L and 57th Street West, lots 47-52 and 62-66.
CC 6 attachment

On June 15, 2010, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 39910. The agreement expired June 15, 2012. On June 21, 2012, the City Engineer received a letter from the Subdivider requesting an extension. Staff recommends that the Council approve an Amendment to the existing Subdivision Undertaking Agreement, extending the completion date to July 24, 2013, submitted by Robert Matta for Tract Map No. 39910.

CC 7. Award Public Works Construction Project No. 11-010, Citywide Traffic Calming, HSIPL 5419 (029), to C. A. Rasmussen, Inc. of Valencia, California, in the amount of $379,522.50, plus a 10% contingency 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). C. A. Rasmussen, Inc. was the sole bidder on the project.

This project is federally funded under Cycle 3 of the Highway Safety Improvement Program. It will install speed humps in residential neighborhood streets citywide and implement road diets and add bike lanes on Valley Central Way from Avenue J to Lancaster Blvd., and on 25th Street West from Avenue J to Lancaster Blvd.

CC 8. Award Public Works Construction Project No. 12-003, Valley Central Way and 25th Street West Resurfacing Project, to C. A. Rasmussen, Inc. of Valencia, California, in the amount of $802,180.00, plus Additive Alternate Nos. 1 and 2 in the amount of $330,935.00, to bring the award total to $1,133,115.00, plus a 10% contingency 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). The determination of the lowest bid was the lowest total of the Base Bid Amount plus Additive Alternate Nos. 1 and 2.

This project is designed to repair and resurface Valley Central Way, from Avenue J to Lancaster Boulevard, and 25th Street West, from Avenue J to Lancaster Boulevard, with a new asphalt concrete pavement surface, sidewalk, pedestrian curb ramps, and curb and gutter improvements.

CC 9. Approve Mayor Parris as the voting delegate and Vice Mayor Smith as the voting alternate to represent the City at the League of California Cities Annual Business Meeting, Friday, September 7, 2012.

The League of California Cities’ Annual Conference will be held in San Diego, CA on September 5-7, 2012. Each year the League introduces resolutions for the General Assembly to consider at its Annual Business Meeting. The League requires each City to designate a voting delegate and up to two alternates by City Council action to allow the delegate to vote on any such resolutions sponsored by the League.

CC 10. Adopt Resolution No. 12-47, authorizing the renewal of the City’s Insurance for the Property and Public Entity Liability Programs, and membership in the County Supervisors Association of California Excess Insurance Authority Workers Compensation Program (CSAC) for a one-year term beginning July 1, 2012.
CC 10 attachment

The City of Lancaster purchases commercial insurance policies to cover the risk of loss to City property and to transfer losses resulting from claims made by third parties against the City. The property program covers City owned property and includes coverage for earthquake and flood events. The liability program covers claims against the City for losses incurred by third parties and includes coverage for the museum collections and loaned exhibits. In addition, the City has self-insured its workers compensation coverage for the past six years as a member of CSAC. CSAC is the largest insurance pool program for public entities in the United States. Of the 58 California counties, all but four are members of CSAC. Members of CSAC do not pay insurance premiums. Instead, each member contributes to the pool based on the size of its payroll, loss experience, and specific loss exposures.

CC 11. Adopt Resolution No. 12-48, authorizing and providing for the Fiscal Year 2012-2013 levy of a special tax within Community Facilities District No. 89-1, a District established to finance the acquisition and construction of regional water system improvements in various locations in the City.
CC 11 attachment

CFD 89-1, otherwise known as Hillside Residential, was established to finance the construction of regional water system improvements primarily on the east side of Lancaster. On October 16, 1989, the City Council adopted Ordinance No. 518, authorizing the levy of the special tax for CFD 89-1. The levy of the special tax on an annual basis is required since the rate and method for special tax apportionment differentiates between developed property and undeveloped property. As homes are completed and sold by the developer, the property changes from undeveloped to developed status which carries a different tax rate for the homebuyer. As required by Ordinance No. 518, authorizing the levy of a special tax for CFD 89-1, the City Council is required to adopt by Resolution, the special tax levy in accordance with previously adopted "Rate and Method of Special Tax Apportionment".

CC 12. Adopt Resolution No. 12-49, authorizing and providing for the Fiscal Year 2012-2013 levy of a special tax within Community Facilities District No. 90-1, a District established to finance the construction of regional street and storm drain improvements in the area of Lancaster Boulevard and 25th Street West.
CC 12 attachment

CFD 90-1, otherwise known as Presley of Southern California, was established to finance the construction of regional street and storm drain improvements in the area of Lancaster Boulevard and 25th Street West. On June 18, 1990, the City Council adopted Ordinance No. 547, authorizing the levy of the special tax for CFD 90-1. The levy of the special tax on an annual basis is required since the rate and method for special tax apportionment differentiates between developed property and undeveloped property. As homes are completed and sold by the developer, the property changes from undeveloped to developed status which carries a different tax rate for the homebuyer. As required by Ordinance No. 547, authorizing the levy of a special tax for CFD 90-1, the City Council is required to adopt, by Resolution, the special tax levy in accordance with previously adopted "Rate and Method of Special Tax Apportionment".

CC 13. Adopt Resolution No. 12-50, authorizing and providing for the Fiscal Year 2012-2013 levy of a special tax within Community Facilities District No. 91-1, a District established to finance the construction of regional water and sewer improvements for Quartz Hill II & III.
CC 13 attachment

CFD 91-1, otherwise known as Kaufman and Broad Quartz Hill II and III, was established to finance the construction of regional water and sewer improvements on the west side of Lancaster. On September 3, 1991, the City Council adopted Ordinance No. 574, authorizing the levy of the special tax for CFD 91-1. The levy of the special tax on an annual basis is required since the rate and method for special tax apportionment differentiates between developed property and undeveloped property. As homes are completed and sold by the developer, the property changes from undeveloped to developed status, which carries a different tax rate for the homebuyer. As required by Ordinance No. 574, authorizing the levy of a special tax for CFD 91-1, the City Council is required to adopt, by Resolution, the special tax levy in accordance with previously adopted “Rate and Method of Special Tax Apportionment”.

CC 14. Adopt Resolution No. 12-51, authorizing and providing for the Fiscal Year 2012-2013 levy of a special tax within Community Facilities District No. 91-2, a District established to finance the construction of regional street, sewer and storm drain improvements in the Lancaster Business Park Phase III.
CC 14 attachment

CFD 91-2, otherwise known as Lancaster Business Park, Phase III, was established to finance the construction of regional street, sewer and storm drain improvements. On November 4, 1991, the City Council adopted Ordinance No. 575, authorizing the levy of the special tax for CFD 91-2. As required by Ordinance No. 575, authorizing the levy of a special tax for CFD 91-2, the City Council is required to adopt, by Resolution, the special tax levy in accordance with previously adopted “Rate and Method of Special Tax Apportionment”.

CC 15. Adopt Resolution No. 12-52, amending Resolution No. 10-12 by removing the Temporary Classification of Administrative Aide; update the titles from Stage Assistant Intern to Stage Assistant Trainee and Administrative Intern to Administrative Trainee.
CC 15 attachment

These changes clarify titles to bring them in line with recently released regulations.

CC 16. Adopt Resolution No. 12-53, authorizing the destruction of certain records (Recruitment Files, City Property Damage Claims, Claims Against the City, Risk Management Agendas, Telephone Accounts, Summer Day Camp, CARES Program, Sports, Registration-Recreation Programs, Refunds-Recreation Programs, Recreation-City Facility Use, Repetitive Maintenance Reports, Special Events, Poppy Festival, Special Classes-Enrichment Centers, Antelope Valley Film Office, Accident/Incident/Damage Reports, Door Access Code Printouts, Grants, Key Inventory Log, Correspondence, Accounts Payable, Accounts Receivable, Business License Files, Banking Records, Financial Reports, Payroll, State & Federal Income Tax, Payroll-Registers, W-2, Payroll-Employee Files, PERS Reports, Purchase Orders, Parking Citations, Home Occupation Permits, Violations of Municipal Codes, Mobilehome Park Rent Arbitration Board, Housing Loan Program Files, Housing Grant Program, Community Development Block Grant Program, Insurance-City as Insured, Insurance-City as Additional Insured, Appeals, Commissions, Nomination Papers-Successful Candidates, Nomination Papers-Unsuccessful Candidates, Statement of Economic Interest-Elected Officials/Appointees, Statement of Economic Interest-Designated Employees, Public Records Requests, Records Center Documentation, Subpoenas, Closed Session, Affidavits of Publication, Speaker Cards, Campaign Statements-Unsuccessful Candidates, Statement of Economic Interest-Copies).
CC 16 attachment

Section 34090 of the Government Code provides a procedure whereby any City record, which has served its purpose and is no longer required, may be destroyed. After a thorough review of the Records Retention Schedule, which was adopted by the City Council on September 12, 2000, it has been determined that certain records for Human Resources, Administration, Parks Recreation & Arts, Finance, Planning, Housing & Neighborhood Revitalization and City Clerk, are ready for destruction.

CC 17.

1. Adopt Resolution No. 12-54, amending Resolution No. 10-03 revising animal control fees for Fiscal Year 2012-13.
2. Approve the Service Level Agreement between Los Angeles County Department of Animal Care and Control and the City of Lancaster.

The City contracts with the County of Los Angeles for animal control services. The City received a letter from the County of Los Angeles Department of Animal Care and Control revising the contract city billing rates for Fiscal Year 2012-2013.

Although there are some increases to individual service rates the City would realize an overall savings due to a decrease in shelter housing rates if the number of animals, days, and services remained the same as the first eight months of Fiscal Year 2011-12.

PUBLIC HEARING

PH 1. Congestion Management Program
PH 1 attachment

Recommendation:
Adopt Resolution No. 12-55, a resolution of the City Council of the City of Lancaster, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the 2012 CMP Local Development Report (LDR), in accordance with California Government Code Section 65089.

The requirements for the Congestion Management Program (CMP) were enacted with the passage of Assembly Bill 471 (1989) and became effective upon voter approval of Proposition 111 in June of 1990. Proposition 111 provided for a nine-cent increase in the state gas tax over a five year period. Cities and Los Angeles County must comply with the Los Angeles County Metropolitan Transportation Authority (LACMTA) adopted 2010 CMP as a condition for receiving Proposition 111 gas tax subventions along with other state and federal transportation funds.

NEW BUSINESS

NB 1. Proposed amendment to the Lancaster Municipal Code relating to the use of skateboards and other similar devices
NB 1 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 City Attorney’s Office drafted an ordinance to address the increasing risk of personal injury and property damage created by individuals utilizing skateboards and other similar devices upon property and within areas that have a high volume of pedestrian and/or motor vehicle traffic.

The Ordinance specifically exempts any device designated, intended and used solely for the transportation of infants, the handicapped or incapacitated persons, devices designed, intended and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes. Additionally, the ordinance provides that the City Council may, by resolution, suspend its enforcement provisions to accommodate special events.

The Resolution implements the Ordinance by designating certain public roadways, sidewalks and/or other public property as “no skateboarding or roller skating areas.” Such areas were selected by City staff based upon the high volume of pedestrian and/or motor vehicle traffic within such areas; therefore, using a skateboard or other similar device within such areas creates a high risk of personal injury and/or property damage. The resolution becomes effective only when and if, the Ordinance is adopted.

COUNCIL AGENDA

CA 1. Approve the nomination and appointment of Marvin Crist as Vice Mayor after the Statewide November 6, 2012 Election.
Presenter: Mayor Parris

CA 2. Discussion and possible direction regarding regulation of vicious and potentially dangerous dogs in rental housing units.
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 SUCCESSOR AGENCY
No action required at this time.

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—Initiation of Litigation (Government Code Section 54956.9(c) (One Case)

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 14, 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.