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City Council/Successor Agency/Authority Meeting

Lancaster - it's positively clear
CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
January 13, 2015
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 9, 2015
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

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/Financing/Power Authority

ROLL CALL.

City Council Members / Agency Directors /Authority Members: Johnson, Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of December 9, 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 November 16, 2014 through December 27, 2014 in the amount of $12,736,208.08.
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. Accept and approve the November 2014, 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. Approve agreement for acquisition of real property between the City of Lancaster and the Secretary of Housing and Urban Development for property located at 531 East Lingard Street, as part of the approved Neighborhood Stabilization Program (NSP 1).
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. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 45535 Lostwood Avenue, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 5 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 6. Approve agreement for acquisition of real property between the City of Lancaster and Federal Home Loan Mortgage Corporation for property located at 43702 Foxton Avenue, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 6 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 7. Approve the transfer of $7,700 to the Lancaster Community Services Foundation and increase appropriations in Account No. 106-4100-301 by $7,700 and approve the expenditure of the same amount to the Point of Light Foundation to upgrade the One LINC Volunteer management website.

In March 2014 the community-wide Volunteer Program, One LINC was launched to connect volunteers with organizations with volunteer opportunities. The program was developed and is managed by AmeriCorp VISTA members sponsored by the City of Lancaster. As a result, the VISTA members researched a variety of software packages that offered more user friendly features and access to more volunteer management reports for both the volunteer and the volunteer organizations. A contract has been entered with the Points Of Light Foundation and the Lancaster Community Services Foundation to host and manage a new and improved One LINC website for volunteer services. The annual cost to host and manage the website is $7,700 which is less than the current cost.

CC 8. Award Housing and Neighborhood Revitalization Construction Project No. 599-15, Tierra Bonita Park Improvements Project, to R.E. Schultz Construction, of Silverado, California, in the amount of $189,868.00, for the rehabilitation of the park with new stationary playground and exercise equipment and authorize the City Manager, or his designee, to sign all documents.
CC 8 attachment

On May 13, 2014, the City Council approved the Action Plan for the annual CDBG entitlement grant for developing viable urban communities that encompasses decent housing and a suitable living environment for low and moderate-income persons which included Neighborhood Rehabilitation & Improvements for neighborhood revitalization projects. The Tierra Bonita neighborhood is bounded by Kettering Street, Lancaster Boulevard, 27th Street East, and 30th Street East. On December 1, 2014, at 11:00 a.m., the City conducted a bid opening for the Housing and Neighborhood Revitalization Department's Project No. 599-15. The successful low bid was determined based on the Base Bid.

CC 9. Approve grant funding appropriation for Emergency Watershed Project Funding to Expense Account No. 399-4200-771 and Revenue Account No. 399-3304-200.

The Emergency Watershed Protection Program was created by Congress to respond to emergencies caused by natural disasters. The program is designed to help reduce imminent hazards to life and property caused by floods, fire, drought, earthquakes, windstorms and other natural disasters. The USDA Natural Resources Conservation Service (NRCS) is responsible for administering the program locally. The City of Lancaster has requested emergency funding to provide permanent solutions to areas in our City severely affected by dust storms.

PUBLIC HEARING

PH 1. November 2014 Capital Improvement Plan of the Consolidated Fire Protection District and Annual Adjustment of Developer Fees
PH 1 attachment

Recommendation:

Adopt Resolution No. 15-01, adopting the November 2014 Capital Improvement Plan of the Consolidated Fire Protection District and the Annual Adjustment of Developer Fees.

On July 16, 1992, the City Council adopted Ordinance No. 612, which established a development impact fee for the fire protection services in the City of Lancaster. Periodically, the City Council adopts a resolution establishing the amount of the fee to be collected at the time of issuance of a building permit for new development, based upon action taken by the Los Angeles County Board of Supervisors. This fee is based upon a capital improvement plan for the construction and equipping of fire stations, which must also be adopted by the City.

NEW BUSINESS

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

Recommendation:

Adopt Resolution No. 15-02, rescinding Resolution No. 13-47 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. Several adjustments to our current investment policy are recommended.

NB 2. Form of Power Purchase Agreements to Support Service Commencement for Lancaster Choice Energy
NB 2 attachment

Recommendation:

Approve the Master Agreement, Confirmations (for requisite energy products and services, including electric energy, renewable energy, resource adequacy capacity, and scheduling coordinator services) in substantially the form attached hereto to support commencement of Community Choice Aggregation (CCA) electric service to the customers of Lancaster Choice Energy (LCE). Authorize the City Manager or his designee to execute the aforementioned agreements and confirmations following the receipt of binding price quotes from energy product and service providers, subject to the conditions set forth below.

Within the electric utility industry, it is common practice to procure electric power and related services through a multi-agreement structure. There are various agreements/documents required to effect such transactions. On May 16, 2014, the City issued a Request for Information for Energy Supply, Renewable Energy and Resource Adequacy Capacity. Responses were received and evaluated based on indicative pricing, financial strength and creditworthiness of each respondent, and general experience represented by each respondent's team of professionals. Based on this evaluation, three providers were selected as finalists, all of which are well-qualified to support one or more aspects of LCE operation. In December 2014, the draft Master Agreement and Confirmations were sent to the three finalists for their review and comment. On December 26, 2014, preliminary load data were provided to the finalists. Indicative pricing is due to the City on January 8, 2015. This action is contingent on indicative energy pricing being such that the City will be able to achieve its goal of offering our basic energy product (Clear Choice) with a higher renewable percentage and lower overall cost than similar service provided by SCE.

COUNCIL AGENDA

CA 1. Consideration of nomination and appointment of Elvie Ancheta, for a two-year term, to the Antelope Valley Mosquito & Vector Control District Board
Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Council Reports

LANCASTER HOUSING AUTHORITY

No action required at this time.

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) - three potential cases.
  1. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - four potential cases.
  1. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)
  1. Coalition for Open Government v. City of Lancaster, Case No. BC499047
  1. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336
  1. Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649
  1. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior Court Case No. BS 121501.
  1. 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

ADJOURNMENT

Next Regular Meeting:
Tuesday, January 27, 2015 - 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.

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