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City Council/Successor Agency/Authority Meeting

6-25-13 CC-Agency-Authority Minutes

Lancaster - it's positively clear

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

Tuesday
June 25, 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, June 21, 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 Darmie Sule Odu, Redeemed Christian Church

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Presentation by Department of Children and Family Services (DCFS)

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of June 11, 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 May 26, 2013 through June 8, 2013 in the amount of $1,397,254.27.
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 May 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. Approve the developer installed sanitary sewer and accept this sewer for maintenance by the City and for public use for Conditional Use Permit No. 10-20, Private Contract No. 13-01, located on the east side of 30th Street West, approximately 296 feet north of Avenue M. Owner: Hindu Temple of Antelope Valley.
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 Conditional Use Permit No. 10-20, located on the east side of 30th Street West, approximately 296 feet north of Avenue M. Owner: Hindu Temple of Antelope Valley.
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 the completed water system installed by the developer for Conditional Use Permit No. 10-20, located on the east side of 30th Street West, approximately 296 feet north of Avenue M. Owner: Hindu Temple of Antelope Valley.
CC 6 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Quartz Hill Water District, 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.

CC 7. Award Public Works Construction Project No. 12-001, Municipal Stadium Parking Lot Resurfacing, to ANM Construction & Engineering of Lancaster, California, in the amount of $232,648.00. 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).

Appropriate $55,000.00 to Account No. 227-11AC008-924 from USP fund balance.

The project involves repairs to the municipal stadium parking lot. The parking lot is suffering from expansion and fatigue cracking, and this project will fill the cracks and resurface the entire area.

JOINT NEW BUSINESS

JNB 1. Loans between the Lancaster Successor Agency and the City of Lancaster for Enforceable Obligations and Administrative Expenses for the Period July-December, 2013
JNB 1 attachment

City Council Recommendations :

a. Adopt Resolution No. 13-26, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for enforceable obligations for the period July to December 2013 pursuant to H & S Code Section 34173(h).

b. Adopt Resolution No. 13-27, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for administrative expenses for the period July to December 2013 pursuant to H & S Code Section 34173(h).

Successor Agency Recommendations :

a. Adopt Resolution No. SA 06-13, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for enforceable obligations for the period July to December 2013 pursuant to H & S Code Section 34173(h).

b. Adopt Resolution No. SA 07-13, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for administrative expenses for the period July to December 2013 pursuant to H & S Code Section 34173(h).

AB1484, the Redevelopment Dissolution/Unwind Trailer Bill enacted as part of the state budget package on June 27, 2012, provides the ability for the City to make loans to the Agency for enforceable obligations and administrative expenses. The loans become an enforceable obligation of the Agency, and are to be included on the Recognized Obligation Payment Schedule for repayment through future property tax distributions.

JNB 2. Loan Amortization Schedule for the Loan from the City of Lancaster to the Lancaster Successor Agency for Cardlock Fuels, January-June 2013 Lease Payments
JNB 2 attachment

City Council Recommendation :

Adopt Resolution No. 13-28, approving the loan amortization schedule for the loan from the City of Lancaster to the Lancaster Successor Agency for Cardlock Fuels January to June 2013 Lease Payments pursuant to H & S Code Section 34173(h) and 34191.4(b)(2).

Successor Agency Recommendation :

Adopt Resolution No SA 08-13, approving the loan amortization schedule for the loan from the City of Lancaster to the Lancaster Successor Agency for Cardlock Fuels January to June 2013 Lease Payments pursuant to H & S Code Section 34173(h) and 34191.4(b)(2).

At its regular meeting of February 26, 2013, the City Council and Successor Agency approved Resolution Nos. 13-09 and SA 04-13 approving a promissory note between the City of Lancaster and the Lancaster Successor Agency for Cardlock Fuels Lease payments incurred for the period January - June 2013. The loan was necessary as there were not sufficient Redevelopment Property Tax Trust Funds (RPTTF) received to provide for the lease.

Health and Safety Code Section 34173(h) provides the ability for the City to make a loan to the Agency for enforceable obligations and Section 34191.4(b)(2) sets the interest rate equivalent to the LAIF rate. The loan becomes an enforceable obligation of the Agency, and is to be included on the Recognized Obligation Payment Schedule for repayment through future RPTTF distributions. The amortization schedule estimates the future interest. Actual interest will be computed at the actual LAIF rate.

CONTINUED BUSINESS

CB 1. Fiscal Year 2013/14 City of Lancaster Budget Adoption and Related Resolutions
CB 1 attachment

Recommendations :

a. Adopt Resolution No. 13-29, adopting the proposed City of Lancaster Fiscal Year 2013/14 General Fund Operating Budget, Special Funds Budget, and Capital Improvements Budget, as specified in the Budget Document, as amended in Attachment A.

b. Adopt Resolution No. 13-30, establishing the annual Appropriations Limit for Fiscal Year 2013/14.

c. Adopt Resolution No. 13-31, amending Resolution No. 12-37 by establishing a compensation schedule for various classifications of employees of the City.

d. Adopt Resolution No. 13-32, amending Fiscal Year 12/13 Budget.

e. Adopt Resolution No. 13-33, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the General Fund for the distribution of funds to the Building Fees Fund.

f. Approve Amended Agreement for Legal Services with Stradling Yocca Carlson Rauth.

The City is required to adopt a budget by July 1 of each year that establishes appropriations and estimated revenues for the fiscal year. The proposed budget is a culmination of many months of work by the City Council and staff in reviewing priorities and evaluating programs to meet those priorities. A Public Hearing to review the budget was held on June 11, 2013.

Expenditures are proposed at $106,787,633 for Fiscal Year 2013/14. Total revenues are estimated at $98,035,547 with $8,752,086 coming from reserved fund balances that are restricted to the uses proposed in the budget. The 10% operating reserve and a 11% financial stability reserve in the general fund are preserved in the proposed budget.

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 Johnson

LANCASTER FINANCING AUTHORITY

No action required at this time.

LANCASTER HOUSING 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). Three potential cases.

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, July 9, 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.

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