8-26-14 CC-Agency-Authority Minutes

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

Tuesday
August 26, 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, August 22, 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/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

Dr. Jan L. Spencer, Living Way Foursquare Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Introduction of VISTA Volunteers

Presenter: Kelvin Tainatongo and Steven Derryberry

2. Recognition of Paul David Numer's 40^th Anniversary of working at Los Angeles County Park, "The Devil's Punchbowl"

Presenters: Mayor Parris and Council Member Smith

3. Recognition of Mission Linen & Uniform Service and Challenger Memorial Youth Center for being "Good Corporate Citizens" by being in full compliance with all Sanitation Districts' industrial waste requirements for the 2013 calendar year

Presenters: Mayor Parris and Council Member Mann

4. Recognition of the 2014 11/12-year old Quartz Hill Little League Softball Southern California State Champions

Presenter: Mayor Parris

5. Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting

Presenter: Barbara Boswell, Finance Director

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Transfer of properties constructed and used for a public purpose.
SA NB 1 attachment

Recommendation:

Adopt Resolution No. SA 06-14, approving the transfer of properties constructed and used for a public purpose, as listed in the Long Range Property Management Plan ("LRPMP") amended and approved by the Department of Finance on February 21, 2014, from the Successor Agency to the Lancaster Redevelopment Agency to the City of Lancaster, and authorizing the Executive Director and/or Chairman of the Successor Agency to take all necessary actions to cause the transfer of these properties to the City of Lancaster for continued public use.

The Successor Agency initially prepared and obtained Oversight Board approval of its LRPMP on August 13, 2013. The LRPMP was subsequently amended and approved by the Oversight Board on January 7, 2014 and on February 6, 2014. The Successor Agency is now authorized to begin implementation of the approved LRPMP.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of August 12, 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 July 27, 2014 through August 9, 2014 in the amount of $1,415,731.20.
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 July 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. 14-57, designating those officials authorized to file the application to the California Office of Emergency Services to obtain federal and state financial assistance.
CC 4 attachment

According to Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, it is required that the City Council now designate an authorized agent every three years to execute and file the application to the California Office of Emergency Services (CalOES) to obtain certain federal and/or state financial assistance. The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 constitutes the statutory authority for most federal disaster response activities, especially as they pertain to the Federal Emergency Management Agency (FEMA) and FEMA programs. The universal resolution is not disaster-specific and will be kept on file by CalOES for a period of three years. The City agents designated by title include the City Manager, Deputy City Manager, and the Director of Development Services.

CC 5. Approve appropriations for the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $71,312 to Expense Account No. 399-4820-774 and Revenue Account No. 399-3308-214.

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) will allow states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system.

CC 6. Approve agreement for acquisition of real property between the City of Lancaster and Daniel Santos, a married man as his sole and separate property for property located at 45514 10^th Street West, as part of the approved Neighborhood Stabilization Program (NSP 3).
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 agreement for acquisition of real property between the City of Lancaster and Mortgage Equity Conversion Asset Trust 2011-1, Mortgaged Back Securities, Series 2011-1 by U.S. Bank National Association as Co-Trustee for property located at 45432 3^rd Street East, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 7 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 8. Approve agreement for acquisition of real property between the City of Lancaster and Federal Home Loan Mortgage Corporation for property located at 45140 Cabree Court, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 8 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 9. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage for property located at 1547 Astoria Avenue, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 9 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 10. Approve agreement for acquisition of real property between the City of Lancaster and U.S. Bank National Association, on behalf of Mortgage Equity Conversion Asset Trust 2011-1 for property located at 45409 Genoa Avenue, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 10 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 11. Award Public Works Construction Project No. 11-023, 20^th Street East Storm Drain Extension at Avenue I (REBID), to Cedro Construction, Inc., of Santa Paula, California, in the amount of $1,133,283.14, plus a 20% contingency, to extend the Master Plan of Drainage Facilities (MPDF) at the intersection of Avenue I and 20^th Street East 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).

This project extends the existing Master Plan of Drainage Facilities (MPDF) storm drain in 20^th Street East, to the north, through the intersection at Avenue I. This intersection has experienced periodic flooding during heavy seasonal storms, and pumping of the existing storm drain is required to maintain drainage to the north. The project involves construction of a large box structure through the intersection that will outlet into the existing basin at the northwest corner of 20^th Street East and Avenue I. The purpose of the project is to continue implementation of the Master Plan of Drainage, eliminate the need for pumping out the existing storm drain, and alleviate flooding in the intersection during heavy seasonal storms.

CC 12. Adopt Ordinance No. 999, amending Title 9 of the Lancaster Municipal Code by adopting Chapter 9.46, and amending Sections 17.08.050, 17.10.050, 17.12.070, 17.16.060, and 17.20.340, relating to the regulation of carnivals.
CC 12 attachment

The proposed ordinance would, in part, amend Title 9 (Public Peace, Morals and Welfare) of the Lancaster Municipal Code by adding Chapter 9.46 (Carnivals and Other Outdoor Entertainment Events). Chapter 9.46 establishes a general prohibition against carnivals and other outdoor entertainment events in the City, while carving out exemptions to the general prohibition for certain events. The ordinance would also amend sections 17.10.050, 17.12.070, 17.16.060, and 17.20.340 in Title 17 (Zoning) of the LMC. These sections currently identify carnivals as a permissible use in certain zones; the proposed amendments would expressly state that the use is subject to the provisions of Chapter 9.46. The ordinance would also amend section 17.08.050 to add carnivals as an accessory use in residential zones, again subject to the provisions of Chapter 9.46.

NEW BUSINESS

NB 1. Low Income Housing Solar Program Development and Implementation Agreement
NB 1 attachment

Recommendation:

Approve the Low Income Housing Solar Program Development and Implementation Agreement with Grid Alternatives Greater Los Angeles and authorize the City Manager, or his designee, to execute all documents.

In 2007 and 2008 the California Public Utilities Commission (CPUC) created the low income programs of the California Solar Initiative known as the Single-family Affordable Solar Homes (SASH) and Multifamily Affordable Solar Housing (MASH) programs. By early 2014, these programs have provided or reserved incentive funding for 40 MW of solar power on qualified affordable housing. Grid Alternatives Greater Los Angeles (GLA), a nonprofit solar organization, is responsible for managing the $108 million SASH program on the CPUC's behalf. GLA has developed programs that bring solar energy systems to low-income households while offering hands-on experience and training in installing solar photovoltaic systems (PV) to students and other volunteers who hope to find employment in the solar industry. The City will work together with GLA to develop, implement, and promote a program to install PV systems at qualified low-income residences within the City, and to help train the local workforce in the installation of these systems.

NB 2. Fifth Supervisorial District 2015 Competitive Excess Funds Grant Program Funding for the Eastside Pool Refurbishment Project
NB 2 attachment

Recommendation:

Adopt Resolution No. 14-58, approving the application for grant funds from the Los Angeles County Regional Park and Open Space District for the 5^th Supervisorial District 2015 Competitive Excess Funds Grant Program Funding for Eastside Pool Refurbishment Project and approving the adoption of a Youth Employment Plan.

Supervisor Michael D. Antonovich recently announced the availability of $5,000,000 for a competitive grant program in the Fifth Supervisorial District. Projects may consist of improvements to and/or rehabilitation of existing public parks, including infrastructure, community/recreation facilities, and/or development of new small facilities. The maximum grant amount is $300,000 and the Eastside Pool Refurbishment Project fits the criteria for this grant. As the only full sized pool in the City of Lancaster and the only indoor aquatics facility in the Antelope Valley, Eastside Pool provides recreational and competitive swim opportunities as well as lessons for all ages.

NB 3. Fifth Supervisorial District 2015 Competitive Excess Funds Grant Program Funding for Splash Pads Project
NB 3 attachment

Recommendation:

Adopt Resolution No. 14-59, approving the application for grant funds from the Los Angeles County Regional Park and Open Space District for the 5^th Supervisorial District 2015 Competitive Excess Funds Grant Program Funding for a Splash Pad Plaza at American Heroes Park and approving the adoption of a Youth Employment Plan.

Supervisor Michael D. Antonovich recently announced the availability of $5,000,000 for a competitive grant program in the Fifth Supervisorial District. Projects may consist of improvements to and/or rehabilitation of existing public parks, including infrastructure, community/recreation facilities, and/or development of new small facilities. The maximum grant amount is $300,000 and a Splash Pad Plaza at American Heroes Park fits the criteria for this grant. The project consists of creating a water play area complete with benches and shade shelters. There will be 10 to 12 water features, fountain-like in nature, and interactive for play. The design type will be re-circulating where water is collected, purified and re-used.

NB 4.  Community Choice Aggregator Registration
NB 4 attachment

Recommendation:
Approve the Community Choice Aggregator (CCA) Service Agreement with Southern California Edison (SCE), Electric Service Provider (ESP) Registration Application Form, and up to $100,000.00 payment to satisfy deposit requirements and to begin the process of registration with the California Public Utility Commission and Southern California Edison.  Authorize the City Manager or his designee, to execute all related documents.

On May 13, 2014 the City Council introduced Ordinance 997, which declared the City of Lancaster's intent to establish Community Choice Aggregation (CCA), and approved the associated Implementation Plan.  This is the next step in the process of forming and implementing a CCA.  The Community Choice Aggregator (CCA) Service Agreement with Southern California Edison (SCE), Electric Service Provider (ESP) Registration Application Form, and required deposit posting comprise the "Registration Packet" as required by the CPUC.  The CCA Service Agreement governs the business relationship between the CCA and SCE.  The Service Agreement details the request for specialized services (i.e. CCA services) to be provided by SCE and the associated responsibilities of each party.

COUNCIL AGENDA

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

Presenter: Mayor Parris

CA 2. Discussion of impacts of Metrolink Station and homelessness in the Downtown area

Presenter: Vice Mayor Crist

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.

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

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

9. 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, September 9, 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.