9-9-14 CC-Agency-Authority Minutes

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

Tuesday
September 9, 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, September 5, 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/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/Housing/Financing/Power Authority

ROLL CALL

City Council/ Agency Directors /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. Enhanced Partnership Proposal with Lancaster School District

Presenters: Ronda Perez, Vern Lawson and Michelle Bowers

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of August 12, 2014.

CONSENT CALENDAR

HA CC 1. Approve the Amendment to Agreement for Legal Services ("Amendment") with Stradling Yocca Carlson & Rauth ("SYCR") to expand the scope of City Attorney services to include Bond Counsel services and authorize the City Manager or his designee to execute the amendment.
HA CC 1 attachment

SYCR has served as bond counsel for the City of Lancaster and has been involved in the various bond issues of both the City and the former Lancaster Redevelopment Agency. Based on their level of expertise staff has determined that an amendment of the existing Agreement to allow SYCR to represent the City in future bond issuances is appropriate.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Recognized Obligation Payment Schedule for the period January 1 to June 30, 2015
SA NB 1 attachment

Recommendation:

Adopt Resolution No. SA 07-14, approving the Recognized Obligation Payment Schedule for the period January 1 to June 30, 2015 and direct staff to bring before the Lancaster Successor Agency Oversight Board for approval.

Health & Safety Code Section 34177(m) requires the Successor Agencies of the previous redevelopment agencies to prepare Recognized Obligation Payment Schedules (ROPS) that list obligations to be paid for the coming six month period. These schedules are used by the County Auditor-Controller in determining the amount of property tax revenues to distribute to the Successor Agency.

SA NB 2. Successor Agency Budget for the period of January 1 to June 30, 2015
SA NB 2 attachment

Recommendation:

Adopt Resolution No. SA 08-14, approving the Successor Agency Budget for the period of January 1 to June 30, 2015 as detailed in Attachment A.

Health and Safety Code Section 34177(j) requires successor agencies to adopt six month budgets. The budget is developed from the enforceable obligations listed on the recognized obligation payment schedule for the period January to June 2015.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of August 26, 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 August 10, 2014, through August 23, 2014 in the amount of $4,799,377.38.
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. The justifying backup information for each expenditure is available in the Finance Department.

CC 3. Approve and accept for maintenance the developer constructed streets, traffic signal modification, drainage improvements, and street lighting system for Director's Review No. 11-79, located on the northeast corner of Avenue I and 3^rd Street East. Owner: County of Los Angeles.
CC 3 attachment

The streets, curb, sidewalk, gutters, driveways, landscaped medians, street lighting, traffic signal, and drainage improvements 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 4. Approve agreement for acquisition of real property between the City of Lancaster and Anthony L. Raschar for property located at 44113 Date Avenue, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 4 attachment

On February 22, 2011, pursuant to the Dodd-Frank Act of 2010, the City Council received and appropriated $2,364,566 for the Neighborhood Stabilization Program from the U.S. Department of Housing and Urban Development for NSP 3. The City received $1,096,136 in Program Income revenues from the sales of the NSP 3 homes which will be used to acquire, rehabilitate, and then resell the foreclosed homes. In addition, the City has $492,959 available from the original NSP 3 award, both of which will be used to purchase, rehabilitate, and then resell foreclosed homes in the expanded target areas as outlined in the Second Substantial Amendment to the Community Development Block Grant (CDBG) Consolidated Annual Action Plan approved May 27, 2014.

CC 5. Award Housing and Neighborhood Revitalization Neighborhood Stabilization Program Construction Project No. 597-15 to High Desert Contractors, Inc. of Lancaster, California, in the amount of $548,498.00 (plus a 10% contingency) and authorize the City Manager, or his designee, to sign all documents.

On February 22, 2011, pursuant to the Dodd-Frank Act of 2010, the City of Lancaster received funds for the Neighborhood Stabilization Program 3 from the U.S. Department of Housing and Urban Development to acquire, rehabilitate and then resell foreclosed homes. Beginning in October of 2012, the City began to receive Program Income totaling $1,096,136 from the sales of the NSP 3 homes. These funds must be used to acquire, rehabilitate and resell foreclosed homes in HUD approved targeted areas to benefit persons of low- and moderate-income.

CC 6. Approve the developer constructed street and accept the street for maintenance by the City for Conditional Use Permit 12-02, located on the northwest corner of Kettering Street and 3^rd Street East. Owner: Solar City Corporation.
CC 6 attachment

The curb, gutter, sidewalk and pavement 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.

JOINT CONSENT CALENDAR

JCC 1. Approve the Amendment to Agreement for Legal Services ("Amendment") with Stradling Yocca Carlson & Rauth ("SYCR") to expand the scope of City Attorney services to include Bond Counsel services and authorize the City Manager or his designee to execute the amendment.
JCC 1 attachment

SYCR has served as bond counsel for the City of Lancaster and has been involved in the various bond issues of both the City and the former Lancaster Redevelopment Agency. Based on their level of expertise staff has determined that an amendment of the existing Agreement to allow SYCR to represent the City in future bond issuances is appropriate.

NEW BUSINESS

NB 1. Lockheed Martin Grant

Recommendation:

Approve an appropriation in the amount of $8,000 to Account No. 106-4684-222 for the Lockheed Martin grant and increase estimated Revenue Account No. 106-3232-100 by the same amount.

Lancaster was awarded $8,000 by Lockheed Martin for Celebrate America. The grant request was for support of the numerous tributes to America such as military displays, vintage automobiles, entertainment and displays and exhibitions of Americana. The primary purpose of Celebrate America is to honor our military. Educational displays geared towards celebrating our military, American history, nostalgia and pride in our country are also part of this annual event. Lockheed Martin has generously supported Celebrate America each year since 2011.

NB 2. Complete Streets Presentation

Recommendation:

Receive and file report on Complete Streets.

COUNCIL AGENDA

CA 1. Discussion regarding Antelope Valley Air Quality Management District and the recent Ninth Circuit Court of Appeals Decision regarding the Avenal Power Center

Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Council Reports

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) - three potential cases.

2. Conference with Legal Counsel - Anticipated Litigation: Initiation of Litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: - two potential cases.

3. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - one potential case.

4. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)

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

6. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336

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

8. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior Court Case No. BS 121501.

9. Shabazz v. Parris, USDC, Central Case No. CV12-5803 SVW (JEM)

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. Shane C. Reid v. City of Lancaster, LASC Case No. BC 503240

ADJOURNMENT

Next Regular Meeting:
Tuesday, September 23, 2014 - 5:00 p.m.

MEETING ASSISTANCE INFORMATION

In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this meeting, please contact the City Clerk 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. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing sign language interpreters, five or more business days notice is strongly recommended. For additional information, please contact the City Clerk at (661)723-6020.

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.

All documents available for public review are on file with the City Clerk Department.