01-28-14 CC-Agency-Authority Minutes

1-28-14 Housing Authority Minutes

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

Tuesday
January 28, 2014
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, January 24, 2014
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 Marvin Crist
Council Member/Agency/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann
Council Member/Agency/Authority Member Ronald D. Smith

Housing Authority

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

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: Johnson, Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

ROLL CALL

Housing Authority Members: Harvey, Mann, Smith; Vice Chair Crist; Chair Szeto

INVOCATION

Father Leo Dechant, Father Serra Parish

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Tyler Williamson
   Presenter: Mayor Parris

2. Distinguished Budget Presentation Award FY 13/14 and Certificate of Recognition for Budget Presentation from the Government Finance Officers Association (GFOA)
   Presenter: Nicole Rizzo

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of December 10, 2013.

NEW BUSINESS

HA NB 1. Subordination Agreement in connection with the defeasance of the City's Multifamily Housing Revenue Refunding Bonds (Willows Apartments Project) Series 2002
HA NB 1 attachment

Recommendation:

Adopt Resolution No. HA 01-14, approving a Subordination Agreement in connection with the defeasance of the City's Multifamily Housing Revenue Refunding Bonds (Willows Apartments Project) Series 2002 and taking certain other actions in connection therewith.

The City has previously issued its $9,650,000 Multifamily Housing Revenue Refunding Bonds (Willows Apartment Project) Series 2002 (the "Bonds"). The project was owned and operated by Riva Park Development, a general partnership (the "Borrower"). The Borrower now desires to transfer the project to Riva Park Development, LLC, a California limited liability company and to then payoff the Bonds with the proceeds of a private conventional loan.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of January 14, 2014.

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 December 29, 2013 through January 11, 2014 in the amount of $919,955.28.
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 Automated Clearing House (ACH) payments issued the prior two to three weeks. This process provides the City Council the opportunity to review the expenses of the City.

CC 3. Accept and approve the December 2013, 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, the City of Lancaster and the Lancaster Housing Authority.

CC 4. PWCP No. 10-018 - Avenue J Median Improvements, between Challenger Way and 20^th Street East.
CC 4 attachment

A. Approve Change Orders No. 1, 2, and 3 and increase the total amount of the contract with ANM Construction & Engineering of Lancaster, CA, for PWCP No. 10-018 - Avenue J Median Improvements, between Challenger Way and 20^th Street East, HSIPL-5419(032), by $852.90, for a total revised contract amount of $494,227.90, plus a 10% contingency.

B. Accept the work constructed by ANM Construction & Engineering for PWCP No. 10-018 - Avenue J Median Improvements, between Challenger Way and 20^th Street East, HSIPL-5419(032), 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.

On April 23, 2013, Council awarded Public Works Construction Project No. 10-018, Avenue J Median Improvements, between Challenger Way and 20^th Street East, HSIPL-5419(032), to ANM Construction & Engineering. This project constructed new raised medians in Avenue J between Challenger Way and 20th Street East, modified existing medians, and installed landscaping and irrigation in some of the new medians which restricts left turns and through movements from driveways onto Avenue J while still allowing access to existing neighborhoods and at signalized intersections (15th Street East and 17th Street East). Construction of the project has been completed to the satisfaction of the Director of Public Works.

CC 5. Approve and accept for maintenance the work and materials for the drainage improvements for Parcel Map No. 061937 installed by the developer, Lancaster Spectrum, LLC for Drainage Benefit Assessment District Annexation No. 05-101 located on the southwest corner of Avenue J-8 and 20^th Street West; appropriate $5,275.00 from the first year's maintenance cost that has been paid by the developer to cover the remaining six (6) months of the fiscal year into Drainage Maintenance Operating Account No. 484-4743-404.
CC 5 attachment

On December 13, 2005, the Council adopted Resolution No. 05-261 confirming the diagram and annual assessment for Lancaster Drainage Benefit Assessment District Annexation No. 05-101. The drainage improvements for this Drainage Benefit Assessment District have been installed by the developer according to the approved plans and specifications and the improvements have been completed to the satisfaction of the Director of Public Works.

CC 6. Approve the developer installed sanitary sewer and accept the sewer for maintenance by the City and for public use for Parcel Map No. 061937, Private Contract No. 05-29, located on the southwest corner of Avenue J-8 and 20^th Street West; Owner: Lancaster Spectrum, LLC.
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 developer constructed streets and accept the streets for maintenance by the City for Tract No. 061937, located on the southwest corner of Avenue J-8 and 20^th Street West; Owner: Lancaster Spectrum, LLC.
CC 7 attachment

The streets, street lights, traffic system, and landscaped median 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 8. Approve the completed water system installed by the developer for Parcel Map No. 061937, located on the southwest corner of Avenue J-8 and 20^th Street West; Owner: Lancaster Spectrum, LLC.
CC 8 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, and is 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.

NEW BUSINESS

NB 1. Capital Improvement Program Update

Recommendation:

Receive and file Capital Improvement Program Update.

NB 2. FY 2013/14 Midyear Budget
NB 2 attachment

Recommendation:

Approve the proposed FY 2013/14 Mid-Year Budget Revenue and Expenditure Adjustments as summarized in the attachment.

The proposed adjustments are needed to reflect new revenues sources that were not anticipated in the adopted budget. Revenue adjustments are a total increase of $3,102,070 and expenditures $725,364. The difference will go to fund balance to be utilized in future years.

NB 3. Subordination Agreement and Amended and Restated Administration Agreement in Connection with the Defeasance of the City's Multifamily Housing Revenue Refunding Bonds (Willows Apartments Project) Series 2002
NB 3 attachment

Recommendation:

Adopt Resolution No. 14-03, approving a Subordination Agreement and an Amended and Restated Administration Agreement in connection with the defeasance of the City's Multifamily Housing Revenue Refunding Bonds (Willows Apartments Project) Series 2002 and taking certain other actions in connection therewith.

The City has previously issued its $9,650,000 Multifamily Housing Revenue Refunding Bonds (Willows Apartment Project) Series 2002 (the "Bonds"). The project was owned and operated by Riva Park Development, a general partnership (the "Borrower"). The Borrower now desires to transfer the project to Riva Park Development, LLC, a California limited liability company and to then payoff the Bonds with the proceeds of a private conventional loan.

NB 4. School District Solar Savings Update

Recommendation:

Receive and file School District Solar Savings Update.

NB 5. March 2014 Air Show Update

Recommendation:

Receive update regarding the City of Lancaster's participation in the March 2014 Air Show to be held at William J. Fox Airfield, Friday & Saturday, March 21 & 22, 2014.

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

1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) - four potential cases.
2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - one potential case.
3. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)
4. Coalition for Open Government v. City of Lancaster, Case No. BC499047
5. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336
6. Palmdale v. Lancaster - Case No. BC443280
7. Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649
8. Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
9. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior Court Case No. BS 121501.
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 District
    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
11. Shabazz v. Parris, USDC, Central Case No. CV12-5803 SVW (JEM)

ADJOURNMENT

Next Regular Meeting:
Tuesday, February 11, 2014 - 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.