4-23-13 CC-Agency-Authority Minutes

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

Tuesday
April 23, 2013
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, April 19, 2013
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

Pastor John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Commendation for the City of Lancaster being "Plug-in Electric Vehicle (PEV) Ready" from Southern California Association of Governments and Southern California Edison
Presenter: Cathy Hart, Southern California Edison

2. Athlete of the Month Award - Kristen Osuna, Quartz Hill High School
Presenter: Mayor Parris

3. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Armela Lopez Heredia
Presenter: Mayor Parris

4. Certificate of Recognition to Jim Witwer, Graffiti Abatement Volunteer
Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of March 12, 2013.

SUCCESSOR AGENCY/HOUSING AUTHORITY ACTIONS

JOINT NEW BUSINESS

JNB 1. Approval of use of available Housing Bond proceeds to defease Bonds
JNB 1 attachment

Successor Agency Recommendation:

Adopt Resolution No. SA 05-13, approving the use of unspent bond proceeds of the former Redevelopment Agency's combined redevelopment project areas (housing programs) tax allocation bonds, issue of 2009 for the purpose of defeasing a portion of the outstanding bonds.

Housing Authority Recommendation:

Adopt Resolution No. HA 01-13, approving the use of unspent bond proceeds of the former Redevelopment Agency's combined redevelopment project areas (housing programs) tax allocation bonds, issue of 2009 for the purpose of defeasing a portion of the outstanding bonds.

The adoption of AB x 1 26 effective June 29, 2011 resulted in the dissolution of all redevelopment agencies in the State of California and the creation of successor agencies tasked with handling the winding down of the operations of the former redevelopment agencies. The Lancaster Successor Agency has been prevented from spending the remaining proceeds from the Issue of 2009 in a timely manner. Since dissolution, and as a result of decreases in assessed valuations within the project areas, the Successor Agency has received insufficient property tax revenue distributions to cover debt service payments resulting in drawdowns from reserves to meet the obligations.

In order to reduce the enforceable obligations and annual debt service associated with the obligations, it is recommended that the remaining unspent bond proceeds be utilized to defease a portion of the outstanding 2009 bonds.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of April 9, 2013.

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 March 24, 2013 through April 6, 2013 in the amount of $1,867,141.18.
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 March 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. These component units include: the City of Lancaster and the Lancaster Housing Authority.

CC 4. Award Public Works Construction Project No. 10-018 Avenue J Median Improvements, between Challenger Way and 20th Street East, HSIPL-5419(032), to ANM Construction and Engineering of Lancaster, California, in the amount of $493,375.00, 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 Code Section 22038 (b).

This project is federally funded, in part, under Cycle 3 of the Highway Safety Improvement Program (HSIP). The project involves construction of new raised medians on Avenue J between Challenger Way and 20th Street East, modification of existing medians and installation of landscaping and irrigation in some of the new medians. The purpose of the medians is to restrict left turns and through movements from driveways onto Avenue J. Access to existing neighborhoods and at signalized intersections (15th Street East and 17^th Street East) will remain and allow for full movement.

CC 5. Adopt the Tax Sharing Resolution for proposed Annexation No. 40-144 (4-206) to Los Angeles County Waterworks District No. 40, Antelope Valley, located within the City of Lancaster.
CC 5 attachment

The property owners within Annexation No. 40-144 (4-206) are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

Los Angeles County Waterworks District No. 40, Antelope Valley, submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the properties within the proposed annexation. These tax sharing resolutions will provide Los Angeles County Waterworks District No. 40 with property tax revenues from the properties proposed for annexation into the District, for the benefit of bringing a new service into the annexed territory.

CC 6. Adopt the Tax Sharing Resolution for proposed Annexation No. 40-147 (4-209) to Los Angeles County Waterworks District No. 40, Antelope Valley, located within the City of Lancaster.
CC 6 attachment

The property owners within Annexation No. 40-147 (4-209) are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

Los Angeles County Waterworks District No. 40, Antelope Valley, submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the properties within the proposed annexation. These tax sharing resolutions will provide Los Angeles County Waterworks District No. 40 with property tax revenues from the properties proposed for annexation into the District, for the benefit of bringing a new service into the annexed territory.

NEW BUSINESS

NB 1. Ordinance amending the Lancaster Municipal Code relating to park closure time
NB 1 attachment

Recommendation:

Introduce Ordinance No. 990, amending Section 12.04.050 (A) of the Lancaster Municipal Code modifying park closure times.

Parks, Recreation and Arts Department staff currently close park facilities at 10 p.m. pursuant to posted signage at each location. Recently, staff discovered that Section 12.04.050 (A) of the Lancaster Municipal Code, which was last modified May 22, 1989, shows the use of parks and recreation areas is prohibited from the hours of 11 p.m. to 6 a.m. The proposed Ordinance will modify the park closure time in the Municipal Code to 10 p.m.

NB 2. Street Name Changes
NB 2 attachment

Recommendation:

Adopt Resolution No. 13-11, a resolution of the City Council of the City of Lancaster, California, directing and authorizing the street name change of 7^th Street West to BYD Boulevard between Avenue H and Avenue G and the street name change of Avenue G-12 to Dream Way between Sierra Highway and 7^th Street West.

BYD is a leading international sustainable energy technology, battery and transportation firm which is opening manufacturing facilities in the City of Lancaster. The renaming of 7^th Street West to BYD Boulevard and the renaming of Avenue G-12 to Dream Way will provide recognition of BYD as a leader in sustainable energy and will show community pride and commitment to accomplishing sustainable energy goals, including becoming a Net Zero City.

NB 3. Authorize City Manager to enter into an Agreement for Acquisition of Operating Covenant and Restrictive Covenant with H.W. Hunter, Inc.

Recommendation:

(a) Authorize the City Manager to enter into an agreement for Acquisition of Operating Covenant and Restrictive Covenant with H.W. Hunter, Inc. and authorize the City Manager or his designee to execute all required documents.

(b) Appropriate $200,000 from General Fund Balance to Account No. 101-4540-308. Funds shall be provided to Hunter Dodge Chrysler Jeep for the purpose of acquisition of an Operating Covenant and Restrictive Covenant.

Hunter Dodge Chrysler Jeep is currently working to grow its business and increase brand availability in the Lancaster Auto Mall with the introduction of a Fiat dealership. Tim and Tom Fuller, owners of H.W. Hunter, Inc, will renovate and expand their existing dealership to accommodate this new brand, thus creating a new draw and building synergy at the Auto Mall. The proposed agreement will provide them with financial assistance needed for this growth in return for a covenant guaranteeing continued operation of the dealership for 20 years, contributing to the City's sales tax revenue base throughout this period.

COUNCIL AGENDA

CA 1. Discuss and consider appointing Council Member Johnson to the Antelope Valley Transit Authority Board of Directors
Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenters: Vice Mayor Crist and 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 - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). One potential case.

Conference with Legal Counsel - Anticipated Litigation: initiation of litigation pursuant to Government Code Section 54956.9(c). One potential case.

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

• Coalition for Open Government v. City of Lancaster, Case No. BC499047

• Quartz Hills Cares v. City of Lancaster, Case No. BS 122336

• Waterhouse v. Lancaster - Case No. CV 12-00923 SJO

• Palmdale v. Lancaster - Case No. BC443280

• Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649

• 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)

• 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, May 14, 2013 - 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.