7-23-13-CC-Agency-Authority Minutes

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

Tuesday
July 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, July 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 Robert Enos, Greater Works Christian Center

PLEDGE OF ALLEGIANCE

PRESENTATION

1) Presentation from Cal Water

LANCASTER POWER AUTHORITY ACTIONS

CONSENT CALENDAR

PA CC 1. Authorize the Executive Director to execute all documents necessary to amend the previously executed ground lease with US Topco from August 28, 2012 and transfer 13 acres from Morgan Solar to US Topco referencing APN 3170-008-907 located at 25^th St. East, North of Avenue L.
PA CC 1 attachment

On December 10, 2012, Morgan Solar submitted a letter to the Lancaster Power Authority relinquishing 13 of its 31 acres referencing APN 3170-008-907 of which US Topco has requested that the acreage be transferred to them for their solar development.

PA CC 2. Authorize the Executive Director to execute all documents necessary to amend the previously executed ground lease with US Topco on March 1, 2013 to remove 16 acres from the original agreement referencing APN 3176-005-914 located east of Division Street.
PA CC 2 attachment

On March 2^nd, the State of California approved the transfer of APN 3176-005-914 to the Lancaster Housing Authority. As such, this change required the Lancaster Housing Authority to re-approve the lease with US Topco as the true and final owner of said property and a new ground lease was approved on May 14, 2013. As a result, the existing agreement between the Lancaster Power Authority and US Topco must be modified to remove APN 3176-005-914 as it is covered by the May 14, 2013 lease agreement.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of July 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 June 23, 2013 through July 6, 2013 in the amount of $9,217,128.09.
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 June 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. Adopt Resolution No. 13-39, authorizing the destruction of certain records (City Property Damage Claims, Claims Against the City, Risk Management Agendas, Antelope Valley Film Office, Registration-Recreation Programs, Special Classes-Enrichment Centers, Special Events, Poppy Festival, Recreation-City Facility Use, Cares Program, Appeals, Public Records Requests, Records Center Documentation, Subpoenas, Affidavits of Publication, Closed Session, Speaker Cards, Home Occupation Permits, Dig Alert Permits, Traffic Control/Detour Plans, Inspections, Street Sweeper, Correspondence, Deposit Records, Informal Bids - Unsuccessful, Vehicle Records, Service Requests, Work Orders, Traffic Studies).
CC 4 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, Parks Recreation & Arts, City Clerk, Planning and Public Works, are ready for destruction.

CC 5. Award Public Works Construction Project No. 10-022, John and Jacquelyn Miller Elementary School, Safe Routes to School Program, State Project No. SR2SL-5419(038), to ANM Construction & Engineering of Lancaster, California, in the amount of $986,986.00, 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).
CC 5 attachment

John and Jacquelyn Miller Elementary School is located on 22nd Street West between Avenue K and Avenue K-4 in the City of Lancaster. The City of Lancaster received a Safe Routes to School Grant in the amount of $450,000.00 to supplement existing construction funds for the needed improvements within the vicinity of John and Jacquelyn Miller Elementary School. Students and parents travel to this school from all directions, often with vehicles, pedestrians and cyclists sharing the same space. This project shall remedy locations where there are gaps in pedestrian and bicycling improvements to provide safer corridors to school. Improvements include a new traffic signal and bulb-outs at 20th Street West and Avenue K-4, bulb-outs at Avenue K-8 and 22nd Street West; bike lanes; street lighting; sidewalk in-fill; curb and gutters; and new striping and signing, all targeted to provide safer vehicular and pedestrian travel.

CC 6. Adopt Resolution No. 13-40, authorizing and providing for the Fiscal Year 2013/2014 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 6 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. Four million, eight hundred and ninety-five thousand ($4,895,000) in Special Tax Bonds were issued. On October 16, 1989, 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 7. Adopt Resolution No. 13-41, authorizing and providing for the Fiscal Year 2013/2014 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 25^th Street West.
CC 7 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. Thirteen million, eight hundred and fifty thousand dollars ($13,850,000) in Special Tax bonds were issued. On June 18, 1990, 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 8. Adopt Resolution No. 13-42, authorizing and providing for the Fiscal Year 2013/2014 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 8 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

CC 9. Adopt Resolution No. 13-43, authorizing and providing for the Fiscal Year 2013/2014 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 9 attachment

CFD 91-2, otherwise known as

CC 10. Approve an Agreement with New Cingular Wireless PCS, LLC to provide a mobile/ wireless communications service tower at Lancaster City Park.
CC 10 attachment

New Cingular Wireless PCS, LLC's representative, contacted the City to determine the viability of constructing a cellular site at Lancaster City Park. The recommended cell site will require that New Cingular Wireless PCS, LLC use approximately 800 sq. ft. of space at the park. The specific area is located inside the park maintenance area along the west edge. The site will be adjacent to an existing cell site.

CC 11. Public Works Construction Project No. 13-011 - LNSC - Park and Ride Resurfacing
CC 11 attachment

1. Appropriate $499,267.00 from Gas Tax Fund Balance to Capital Improvements Budget Account No. 203-11AC009-924.
2. Award Public Works Construction Project No. 13-010, LNSC Park and Ride Resurfacing, to Granite Construction, Inc. of Lancaster, California, in the amount of $466,605.00 plus a 7% contingency and authorize the City Manager, or his designee, to sign all documents. This contract is awarded through negotiation in accordance with California Public Code Section 22038(c).

The LNSC Park and Ride Resurfacing project shall repair and resurface the existing east park and ride lot at the Lancaster National Soccer Center. Repairs include some localized removals and reconstruction, large crack remediation, resurfacing and restriping.

PUBLIC HEARINGS

PH 1. Formation of the Downtown Lancaster Property-Based Improvement District, Approval of the Assessment Formula, and Levy of the Assessments
PH 1 attachment

Recommendation:

Adopt Resolution No. 13-44, establishing the Downtown Lancaster Property-Based Improvement District (PBID), approving the assessment formula and levying the assessments provided a majority of the votes cast in the Downtown Lancaster ballot process are in favor of formation of the PBID.

Beginning in November 2012, BLVD Association representatives and City staff led outreach efforts to give property and business owners the opportunity to provide input regarding the structure of the proposed PBID. Throughout April and May 2013, a petition drive was conducted, during which property owners representing more than 52% of downtown ownership submitted petitions in support of PBID formation. In contrast, just over 2% expressed opposition to the district's formation, while approximately 8% elected to maintain neutrality. Following these phases of the formation process, the City Council accepted the petitions at its meeting on May 28 and initiated the ballot phase, setting a public hearing for July 23.

The item now before you for consideration would accept the results of the ballot process, establish the Downtown Lancaster PBID, approve the assessment formula, and levy the assessments. If enacted, the PBID will take effect in January 2014 and continue through December 2018.

PH 2. Congestion Management Program (CMP)
PH 2 attachment

Recommendation:

Adopt Resolution No. 13-45, 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 2013 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.

The Congestion Management Program provides CMP "credits" to local jurisdictions for implementing mitigation strategies that address regional traffic congestion. These credits are accumulated in a "credit bank" which is used to offset CMP "debits". "Debits" are attributed to the negative congestion impacts of new development. Predetermined point values are assigned to both new development (debits) and mitigation strategies (credits). MTA suspended the requirement for maintaining a positive credit balance while a nexus study is conducted to determine the feasibility for implementing a countywide impact fee to meet CMP Deficiency Plan requirements.

PH 3. Underground Utility District No. 2013-01; Avenue I from 20^th Street West to 10^th Street West
PH 3 attachment

Recommendation:

Adopt Resolution No. 13-46, a resolution of the City Council of the City of Lancaster, California, declaring its intention to create Underground Utility District No. 2013-01.

In 2011, the City was successful in obtaining Metro Call for Projects Transportation Enhancement grant funding for the Avenue I Corridor Improvements (F5803). This project will enhance streetscape within existing right-of-way via road diet and will include landscaping, bike path, buffer, sidewalk, bus stop improvements, centerline medians, and ADA accessibility. Grant funding will become available in FY15-16.

In anticipation of these improvements, and in order to improve the safety and appearance of Avenue I from 20^th Street West to 10^th Street West, staff recommends undergrounding the existing overhead utilities and removing associated utility poles. The project boundary extends approximately 5,480 feet (1.04 miles).

NEW BUSINESS

NB 1. Policy for the investment of public funds for the City of Lancaster
NB 1 attachment

Recommendation:

Adopt Resolution No. 13-47, rescinding Resolution No. 11-70 in its entirety, and establishing a policy for the investment of public funds for the City of Lancaster.

Investing is a crucial component of a sound financial and cash management program. A formal investment policy is necessary to identify investment objectives, define risk tolerance, assign responsibility, and establish control over the investment process.

Staff has recently undertaken a thorough review of the City's current Investment Policy with the assistance of the City's investment advisory firm, Cutwater Asset Management. The review resulted from recognition that Cutwater manages only a portion of the City's assets and therefore, we cannot take advantage of the full capabilities of the Cutwater compliance system and portfolio review protocol. Currently, Cutwater managed assets hold a corporate allocation of thirteen percent (13%), which exceeds the policy limit for the Cutwater portfolio but not for the City's assets in total. Staff therefore recommends increasing the maximum allocation of corporate bonds from ten to twenty percent (10 - 20%).

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
CR 1 attachment

Presenters: Vice Mayor Crist

LANCASTER FINANCING AUTHORITY

No action required at this time.

LANCASTER HOUSING 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

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, August 13, 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.