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City Council/Successor Agency/Financing/Power Authority Meeting

Lancaster - it's positively clear
CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
March 22, 2016
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, March 18, 2016
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 Director/Authority Member Raj Malhi
Council Member/Agency Director/Authority Member Ken Mann
Council Member/Agency Director/Authority Member Angela Underwood-Jacobs

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: Malhi, Mann, Underwood-Jacobs; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Chaplain Jason Knudeson, MAJ, USAF

PLEDGE OF ALLEGIANCE

PRESENTATIONS

  1. Recognition of Service by Vietnam Veterans

     

    Presenter: Mayor Parris

  1. Recognition of Antelope Valley High School Women's Basketball Team "Lady Lopes' as the 2016 CIF Southern Section Division 3A Champions

     

    Presenter: Mayor Parris

  1. Sexual Assault Awareness Month and Child Abuse Awareness Month
    Presenter: Mayor Parris

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of March 8, 2016.

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 February 21, 2016 through March 5, 2016 in the amount of $5,620,837.73.
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 February 2016, 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.

CC 4. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-423, located on the northeast corner of Avenue L-6 and 8th Street West, into Los Angeles County Sanitation District No. 14.
CC 4 attachment

The property owners within Annexation No. 14-423 are requesting sewer service for their properties. Before sewer service can be provided, the properties must first be annexed into Los Angeles County Sanitation District No. 14. Additionally, before the annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes for the property being annexed. Los Angeles County Sanitation District No. 14 submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the properties within the proposed annexation. This tax sharing resolution will provide Los Angeles County Sanitation District No. 14 with property tax revenues from the properties proposed for annexation into the District.

CC 5. Adopt Resolution No. 16-12, ordering judicial foreclosure of delinquent special taxes in Community Facilities District No. 89-1.
CC 5 attachment

In 1989, the City conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") to create Community Facility District ("CFD") No. 89-1. Those proceedings resulted in the issuance of bonds and levy of special taxes to pay principal and interest on the bonds for the CFD. The special taxes are collected in bi-annual installments that become delinquent if not paid by December 10 and April 10, respectively, of each tax year. Pursuant to the trust indenture regarding the bonds issued for the CFD, the City has covenanted to bondholders to commence judicial foreclosure proceedings against properties within the CFD for which special taxes are delinquent. Pursuant to the Mello-Roos Act, judicial foreclosure proceedings cannot be initiated until the City authorizes the commencement of such actions. Resolution No. 16-12 authorizes the initiation of foreclosure proceedings against the properties located in CFD No. 89-1 that have been reported as delinquent as to the payment of special taxes.

CC 6. Adopt Resolution No. 16-13, ordering judicial foreclosure of delinquent special taxes in Community Facilities District No. 91-2.
CC 6 attachment

In 1991, the City conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") to create Community Facility District ("CFD") No. 91-2. Those proceedings resulted in the issuance of bonds and levy of special taxes to pay principal and interest on the bonds for the CFD. The special taxes are collected in bi-annual installments that become delinquent if not paid by December 10 and April 10, respectively, of each tax year. Pursuant to the trust indenture regarding the bonds issued for the CFD, the City has covenanted to bondholders to commence judicial foreclosure proceedings against properties within the CFD for which special taxes are delinquent. Pursuant to the Mello-Roos Act, judicial foreclosure proceedings cannot be initiated until the City authorizes the commencement of such actions. Resolution No. 16-13 authorizes the initiation of foreclosure proceedings against the properties located in CFD No. 91-2 that have been reported as delinquent as to the payment of special taxes.

CC 7. Adopt Resolution No. 16-14, ordering judicial foreclosure of delinquent special assessments in Assessment District 93-3.
CC 7 attachment

In 1993, the City conducted proceedings under the Improvement Bond Act and the Municipal Improvement Act to create Assessment District No. 93-3 ("AD 93-3"). Those proceedings resulted in the City's issuance of bonds and levy of special assessments to pay principal and interest on the bonds for the Assessment District. The special assessments are collected in bi-annual installments which become delinquent on December 10 and April 10 of each tax year. Pursuant to the trust indenture regarding the bonds issued for the Assessment District, the City has covenanted to bondholders to commence judicial foreclosure proceedings against properties within the Assessment District for which special assessments are delinquent. Pursuant to the Improvement Bond Act, judicial foreclosure proceedings cannot be initiated until the City has adopted a resolution authorizing the commencement of such actions. Resolution No. 16-14 authorizes the initiation of foreclosure proceedings against the properties located in AD 93-3, respectively, which have been reported as delinquent with respect to the payment of special assessments.

CC 8. 2015-2016 Los Angeles Homeless Services Authority Winter Shelter Program

a. Authorize the City Manager or his designee to facilitate the Los Angeles Homeless Services Authority ("LAHSA")Winter Shelter Program ("WSP") at the Lancaster Community Shelter located at both 44611 Yucca Avenue and 45145 N. 60th Street West, Lancaster, CA.

b. Approve the appropriation of $280,443.00 in awarded grant funds from the LAHSA WSP, to Revenue Account No. 261-3306-100 and corresponding Expense Account No. 261-4542-770. LAHSA issued Amendment No. 2 to WSP Contract No. 2015WSP10, revising the total grant amount to $280,443.00. This replaces the previous WSP appropriation of $256,891.00 as approved by council action on 02/23/2016.

The WSP under the original Agreement was to operate from October 1, 2015, to approximately March 15, 2016, with a total grant amount of $81,627.00. Due to an anticipated extended period of severe rainy weather in the County of Los Angeles attributable to El Nino weather predictions, the Parties agreed to increase the number of beds available; add a second location located at 45145 60th Street West; and add up to 16 days of 24-hour operation for this program. LAHSA then issued Addendum No. 2 to revise the total grant amount to $280,443.00 and the operation dates for the additional location to January 15, 2016 to March 31, 2016. These funds will be utilized for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter.

CC 9. Housing and Neighborhood Revitalization Project No. 640-16 Tierra Bonita Park Improvements Project

a. Award Housing and Neighborhood Revitalization Construction Project No. 640-16, Tierra Bonita Park Improvements Project, to C.S. Legacy Construction, Inc. of Pomona, California, in the amount of $514,032.30, for the rehabilitation of the park with the installation of a new Splash Pad water playground and authorize the City Manager, or his designee, to sign all documents.

b. Appropriate $56,250 from CDBG Fund Balance to Account No. 361-11TR008924, and $132,785 from Urban Structure Program-Parks Fund Balance to Account No. 227-11TR008924 for Tierra Bonita Park Improvements.

On May 12, 2015, 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 improvements include upgrading the existing park facility with a new Splash Pad water playground apparatus, including ground-level play equipment, ADA compliant turf, shrubs and ground cover and the installation of six observation benches. This project symbolizes the successful efforts used to achieve the City's vision and meet the desire of the citizens of Lancaster and the residents of the Tierra Bonita neighborhood.

JOINT NEW BUSINESS.

JNB 1. Combined Redevelopment Project Areas (Non-Housing Programs) Tax Allocation Refunding Bonds, Issue of 2016, and Lancaster Redevelopment Project Area No. 5 and Project Area No. 6 (School District Pass-Throughs) Tax Allocation Refunding Bonds, Series 2016, and Authorizing Certain Other Actions
JNB 1 attachment

Successor Agency Recommendation:

Adopt Resolution No. SA 06-16, approving the form of the Preliminary Official Statements, Bond Purchase Contracts, Escrow Agreements and Continuing Disclosure Agreements in connection with its Combined Redevelopment Project Areas (Non-Housing Programs) Tax Allocation Refunding Bonds, Issue of 2016, and Lancaster Redevelopment Project Area No. 5 and Project Area No. 6 (School District Pass-Throughs) Tax Allocation Refunding Bonds, Series 2016, and authorizing certain other actions in connection therewith.

Financing Authority Recommendation:

Adopt Resolution No. FA 01-16, approving the execution of Escrow Agreements in connection with the issuance by the Lancaster Successor Agency of its Combined Redevelopment Project Areas (Non-Housing Programs) Tax Allocation Refunding Bonds, Issue of 2016, and Lancaster Redevelopment Project Area No. 5 and Project Area No. 6 (School District Pass-Throughs) Tax Allocation Refunding Bonds, Series 2016, and taking certain other actions in connection therewith.

At its meeting of February 9, 2016, the Lancaster Successor Agency approved the issuance of its Combined Redevelopment Project Areas (Non-Housing Programs) Tax Allocation Refunding Bonds, Issue of 2016 (the "2016A Bonds"), and Lancaster Redevelopment Project Area No. 5 and Project Area No. 6 (School District Pass-Throughs) Tax Allocation Refunding Bonds, Series 2016 (the "2016B Bonds"). At its February 16, 2016 meeting, the Lancaster Successor Agency Oversight Board approved and directed the issuance and sale of Tax Allocation Refunding Bonds by the Lancaster Successor Agency. As one of the next steps in completing the refundings, the Lancaster Successor Agency is requested to approve the forms of the 2016A Bonds and 2016B Bonds Preliminary Official Statements, Bond Purchase Contracts, Escrow Agreements, and Continuing Disclosure Agreements. They are also requested to authorize certain other actions in connection therewith. The Lancaster Financing Authority board is requested to approve the execution of Escrow Agreements and certain other actions in connection with the refundings. It is expected the refunding will be completed by the end of April.

NEW BUSINESS.

NB 1. Measure R Interchange Projects Status Report

Recommendation:

Receive and file Measure R Interchange Projects status report

NB 2. City Partners Program Update

Recommendation:

Receive and file City Partners Program update

COUNCIL AGENDA.

 CA 1.     Consider nomination and appointment of Sandy Smith to the Planning Commission

Presenter: Mayor Parris

 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 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) - two 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. Patton v. City of Lancaster, LASC Case No. MC 025064
  1. Estarella v. City of Lancaster, LASC Case No.BC527749
  1. Wilson v. City of Lancaster, LASC MC025201
  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, April 26, 2016 - 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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