7-22-14 CC-Agency-Authority Minutes

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

Tuesday
July 22, 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, July 18, 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

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/Power Authority

ROLL CALL

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

INVOCATION

Pastor Tim Etherington, Lancaster Evangelical Free Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Recognition of Tiffany Johnson as Miss California Pageant Contestant representing the High Desert

    

   Presenter: Mayor Parris

2. Recognition of the 2014 Lancaster Queens

    

   Presenter: Mayor Parris

3. Recognition of the AmeriCorp Vista Members and AV Web Design

    

   Presenter: Mayor Parris

   COUNCIL ACTIONS

   MINUTES

   M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of July 8, 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 June 22, 2014 through July 5, 2014 in the amount of $12,334,449.60.
   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 June 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. Adopt Resolution No. 14-46, authorizing the renewal of the City's Insurance for the Property and Public Entity Liability Programs, and Membership in the County Supervisors Association of California Excess Insurance Authority Workers Compensation Program (CSAC) for a one-year term beginning July 1, 2014.
   CC 4 attachment

   The City of Lancaster purchases commercial insurance policies to cover the risk of loss to City property and to transfer losses resulting from claims made by third parties against the City. The property program covers City owned property and includes coverage for earthquake and flood events. The liability program covers claims against the City for losses incurred by third parties and includes coverage for the museum collections and loaned exhibits. In addition, the City has self-insured its workers compensation coverage for the past seven years as a member of CSAC. CSAC is the largest insurance pool program for public entities in the United States. Of the 58 California counties, all but four are members of CSAC. Members of CSAC do not pay insurance premiums. Instead, each member contributes to the pool based on the size of its payroll, loss experience, and specific loss exposures.

   CC 5. Approve a professional services agreement with Penfield & Smith Engineers, Inc., of Lancaster, California, in the amount of $212,501.00, with a 5% contingency, for Design Base Mapping and Traffic Engineering Services for PWCP 14-007, 2015 Pavement Management Program and authorize the City Manager, or his designee, to sign all documents. The consultant selection process was made in accordance with Government Codes 4526 and 53060.
   CC 5 attachment

   The 2015 Pavement Management Program will be designed to repair and resurface one hundred and fifteen (115) lane-miles of City streets. The streets to be resurfaced include: Avenue I, from Sierra Highway to 10^th Street West; Avenue J, from 10^th Street West to 20^th Street West; and Avenue K, from 10^th Street West to 30^th Street West and from Division Street to Challenger Way. New traffic striping will be designed that will allow for the installation of new bike lanes, conforming to the Master Plan of Trails and Bikeways. Design responsibilities, under this professional services agreement, include mapping and surveying, and preparation of traffic striping and traffic control plans.

   CC 6. Award Public Works Construction Project No. 11-024, Install Solar-Powered LED Stop Signs, HSIPL-5419(040), to Traffic Development Services, Inc., of Moorpark, California, in the amount of $293,955.00 plus a 20% contingency, to install solar-powered signs and install/upgrade striping and markings at thirty-six (36) rural intersections 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). All intersections are located around existing Lancaster school sites.

   The City of Lancaster received $393,200.00 in the Cycle 4 Highway Safety Improvement Program (HSIP) for the installation of Solar-Powered LED Stop Signs and striping and marking updates at thirty-six (36) rural intersections. This project involves installation of Solar-Powered LED Stop Signs and striping and marking updates at thirty-six (36) rural intersections near existing school sites within the City of Lancaster. All thirty-six (36) intersections will receive new thermoplastic striping and markings and new Solar-Powered LED Stop Signs. The improvements will increase safety for all pedestrians. Access through the various intersections will remain open and allow for movement.

   CC 7. Approve the transfer of funds for checks issued by the City for individual items less than fifteen dollars ($15) which have remained unclaimed for the period of one year.
   CC 7 attachment

   California Government Code sections 50050-50057 establish the rights and procedures related to unclaimed checks issued by local agencies and City Administrative Policy 200-08 stipulates the proper accounting and disposition procedures for these unclaimed checks. The City is permitted to seize any individual items of less than fifteen dollars ($15.00) which remain unclaimed in the treasury or in the official custody of the City for the period of one year without the necessity of publication of a notice in a newspaper.

   CC 8. Adopt Resolution No. 14-47, approving the application for grant funds from CalRecycle for which the City of Lancaster is eligible; and if selected, approving the execution of a standard agreement and any amendments thereto, and any related documents necessary to participate in all eligible CalRecycle Grants within the City of Lancaster. Authorize the City Manager to execute any documents necessary to receive such funds, and to take other actions as needed to facilitate all eligible grants applied for, through CalRecycle, in their entirety.
   CC 8 attachment

   The Development Services Department staff routinely submits applications to CalRecycle in order to receive grant funds for environmental abatement and cleanup projects. As a component of all CalRecycle grant applications, an approved resolution is required authorizing the submittal of the application and the implementation of the program. If efforts are successful in acquiring the award of grant funds, the City will use the funds to address illegal disposal activities, recycling opportunities, public education, and immediate health and safety hazards within our community.

   CC 9. Adopt Resolution No. 14-48, authorizing and providing for the Fiscal Year 2014-2015 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 9 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.

   CC 10. Adopt Resolution No. 14-49, authorizing and providing for the Fiscal Year 2014-2015 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 10 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.

   CC 11. Adopt Resolution No. 14-50, authorizing and providing for the Fiscal Year 2014-2015 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 11 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

   Lancaster
   . Five million, eight hundred and thirty thousand dollars ($5,830,000) in Special Tax Bonds were issued in 1991 and refunded in the amount of five million, three hundred and fifty thousand dollars ($5,350,000) in 2000. On September 3, 1991, City Council adopted Ordinance No. 574, authorizing the levy of the special tax for CFD 91-1. 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.

    

   CC 12. Adopt Resolution No. 14-51, authorizing and providing for the Fiscal Year 2014-2015 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 12 attachment

   CFD 91-2, otherwise known as

   Lancaster
   Business
   Park, Phase III, was established to finance the construction of regional street, sewer and storm drain improvements. Nine million dollars ($9,000,000) in Special Tax Bonds were issued. The refunding bonds in the amount of Eight million nine hundred thousand dollars ($8,900,000) were issued in 1999. On November 4, 1991, City Council adopted Ordinance No. 575, authorizing the levy of the special tax for CFD 91-2. As required by Ordinance No. 575, authorizing the levy of a special tax for CFD 91-2, 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 13. Approve the appropriation of $76,479.00 in awarded grant funds from the Los Angeles Homeless Services Authority (LAHSA) Year Round Emergency Shelter Program (YSP) 2014-2015 to Revenue Account No. 261-3307-100 and corresponding Expense Account No. 261-4542-771.

   The Year Round Emergency Shelter Program addresses the basic shelter and service needs of homeless persons each year. The YSP will operate from July 1, 2014 to June 30, 2015. The funds will be for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter.

   PUBLIC HEARINGS

   PH 1. Agreement with Viper Enterprises Inc.
   PH 1 attachment

   Recommendation:

   Adopt Resolution No. 14-52, approving a Disposition and Development Agreement by and between the City of Lancaster and Viper Enterprises, Inc., a California Corporation.

   The proposed transaction will require the City to provide land for dealership expansion, by contributing a 1.96 acre parcel that is south of the existing dealership. This land is currently used as overflow parking for the Auto Mall and Lancaster City Park. The Dealer will be required to develop this parcel, initially as a product storage area and ultimately as a new Hunter Fiat dealership. The Dealer will agree to operate this site as a car dealership for a period of 20 years.

   PH 2. Agreement with 7 Jays, LLC
   PH 2 attachment

   Recommendation:

   Adopt Resolution No. 14-53, approving a Disposition and Development Agreement by and between the City of Lancaster and 7 Jays, LLC, a California Limited Liability Company.

   The proposed transaction will require that the City provide Antelope Valley Chevrolet with a 2.09 acre parcel that is adjacent to and directly east of the existing dealership. This land is currently used as overflow parking for the Auto Mall and Lancaster City Park. The Dealer will be required to develop this parcel, initially as a product storage area and ultimately as an expansion of their dealership interests. The Dealer will agree to operate this site as a dealership-related entity for a period of 20 years.

   NEW BUSINESS

   NB 1. Used Oil Competitive Grant Program - UOC1 Cycle for Fiscal Year 2013-2014

   Recommendation:

   Approve the appropriation of $210,936.00 in grant funds from the California Department of Resources Recycling and Recovery 2013-2014 Used Oil Competitive Grant Program to Revenue Account No. 331-3306-200 and the following expense accounts: $101,899.20 to Personnel Expense Account No. 331-4780-101, $8,588.50 to Education Expense Account
   No. 331-4780-205, $33,489.40 to Upgrade/Expansion (Satellite Centers) Expense Account No. 331-4780-754, and $66,958.90 to Equipment Expense Account No. 331-4780-752.

   The City of Lancaster was awarded $210,936.00 in grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) from April 24, 2014, to April 15, 2016, to fund the expansion of the City of Lancaster's used oil collection program. These funds will improve access and opportunities for Lancaster residents to dispose of their used oil in a responsible and convenient manner.

   NB 2. 2013-2014 Farm and Ranch Solid Waste Cleanup and Abatement Grant

   Recommendation:

   Approve the appropriation of $99,402.00 in grant funds from the California Department of Resources Recycling and Recovery 2013-2014 Farm and Ranch Solid Waste Cleanup and Abatement Grant Program to Revenue Account No. 330-3304-401, and the following expense accounts: $33,092 to Admin/Personnel Expense Account No. 330-4780-101, $40,362 to Disposal Expense Account No. 330-4780-657, $1,375 to Materials Expense Account No. 330-4780-251, and $24,573 to the Use of Equipment Expense Account No. 330-4999-101.

   The City of Lancaster was awarded $99,402.00 in grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) from April 29, 2014, to March 2, 2016, to cleanup former agricultural facilities. Specifically, these funds will be utilized to cleanup two former turkey farms that have become a magnet for illegal dumping.

   NB 3. Third Substantial Amendment for the Neighborhood Stabilization Program 1 (NSP 1) to the Community Development Block Grant (CDBG) Consolidated Annual Action Plan for the 2008-09 Program Year

   Recommendation:

   Approve the Third Substantial Amendment for the Neighborhood Stabilization Program 1 (NSP 1) to the Community Development Block Grant (CDBG) Consolidated Annual Action Plan for the 2008-09 Program Year to be submitted to the U.S. Department of Housing and Urban Development. The amendment will expand the target areas in which foreclosed homes can be acquired, rehabilitated and sold.

   In September 2008, pursuant to the Housing and Economic Recovery Act of 2008, the City Council received and appropriated funds for the NSP 1 program in the amount of $6,983,533 to acquire, rehabilitate and then resell foreclosed homes. These funds must benefit persons of low-, moderate- and middle-income in areas within the community with the greatest percentage of home foreclosures, homes financed by subprime mortgage related loans and areas likely to face a significant rise in the rate of home foreclosures. In January 2011, the City sold its first NSP 1 home in the original NSP 1 eligible target areas. After completing the sales of NSP 1 homes in the first quarter of 2014, the location of foreclosures shifted away from the original target areas to other areas located within the City of Lancaster. Concurrently, the U.S. Department of Housing and Urban Development modified the calculations for "Greatest Need" a requirement of selection of target areas, increasing the number of target areas in the City of Lancaster in which NSP 1 eligible properties can be purchased.

   COUNCIL REPORTS

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

   Presenter: Vice Mayor Crist

   CR 2. 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.
   2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - one potential case.
   3. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)
   4. Coalition for Open Government v. City of Lancaster, Case No. BC499047
   5. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336
   6. Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649
   7. Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
   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

   ADJOURNMENT

   Next Regular Meeting:
   Tuesday, August 12, 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.