CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
July 26, 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, July 22, 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

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Recognition of Deputy Mitch Speed
   Presenter: Mayor Parris

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of July 12, 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 June 26, 2016, through July 9, 2016 in the amount of $15,318,731.56.
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 May 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. 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") 2016-2017 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, 2016 to June 30, 2017. The funds will be for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter.

CC 5. Approve and accept the Amendment to the existing Subdivision Undertaking Agreement submitted by Avenue K 22, LLC ("Subdivider"), for Tract Map No. 061542, located on the south side of Avenue J-12 approximately 296 feet west of 56^th Street West, extending the date of completion to July 31, 2018.
CC 5 attachment

On May 13, 2014, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 061542. The agreement will expire July 31, 2016. On June 30, 2016, the City Engineer received a letter from the Subdivider requesting an extension. Staff recommends that Council approve an Amendment to the existing Subdivision Undertaking Agreement submitted by Avenue K 22, LLC, for Tract Map No. 061542, extending the completion date to July 31, 2018.

CC 6. Adopt Resolution No. 16-41, authorizing and providing for the Fiscal Year 2016-2017 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 6 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. 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 required by Ordinance No. 518, authorizing the levy of a special tax for CFD 89-1, 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 7. Dissolution of High Desert Power Authority Joint Powers Authority
CC 7 attachment

a. Adopt Resolution No. 16-42, authorizing the dissolution of the High Desert Power Authority, a Joint Powers Authority formed between the City of Lancaster and the City of Pittsburg

b. Approve the Mutual Agreement to Terminate JPA

c. Authorize the City Manager to execute all documents and make any non-substantive changes necessary to complete the transaction.

In July 2011, the City of Lancaster and the City of Pittsburg, California partnered to form the High Desert Power Authority (HDPA), a Joint Powers Authority (JPA), for the purpose of creating independent transmission projects. HDPA's initial project was to be the Antelope Valley Clearview Transmission Project. After five years of research and development, it has been determined that the AV Clearview Transmission Line project is no longer a viable pursuit by HDPA. The dissolution of the HDPA is a final measure to close out the project. Per the JPA formation documents and bylaws, each member's board must approve a resolution of dissolution and execution of the Mutual Agreement to Terminate.

CC 8. Adopt Resolution No. 16-43, preliminarily approving the Amended Engineer's Report, fixing time and place for public hearing on the levy of the proposed assessment and declaring its intention to levy and collect assessments within Lancaster Lighting Maintenance District, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.
CC 8 attachment\

On March 18, 2016, the California Public Utilities Commission approved the sale of streetlights by Southern California Edison to the City of Lancaster. The purchase of the streetlights will result in a cost savings in the Lighting Maintenance District and provide the city future revenue generation opportunities not currently available. In order to effectuate the sale of the bonds, specific language is required to be reflected in the Annual Engineer's Report. While the report approved at the public hearing held on June 14, 2016, did reference the intention to utilize assessment collections to fund bond payments, it has since been discovered that the language should be amended to better reflect the actions that will be taken. Staff recommends preliminary approval of the amended Engineer's Report and the establishment of a public hearing to adopt the amended Engineer's Report for August 9, 2016. This action does not change the amount of the adopted annual assessment of $95.84 per benefit unit. The change affects only the narrative portion of the Engineer's Report.

CC 9. Adopt Resolution No. 16-44, authorizing the destruction of certain records (City Property Damage Claims, Correspondence, Claims Against the City, Risk Management Agendas, Speaker Cards, Public Records Requests, Records Center Documentation, Subpoenas, Insurance - City as Additional Insured, Affidavits of Publication, , Insurance - City as Additional Insured, Sports, Registration-Recreation Programs, Special Classes-Enrichment Centers, Refunds--Recreation Programs, Antelope Valley Film Office, Recreation Log Books, Summer Day Camp, CARES Program, Grants, Accident/Incident/Damage Reports, Accounts Payable, Accounts Receivable, Banking Records, Financial Reports, Payroll, Payroll-Registers, State and Federal Income Tax Returns, W-2's, PERS Reports, Purchase Orders, Violations of Municipal Codes, Classification Salary Studies and Audits, Recruitment, Enterprise Zone Vouchers, Director's Reviews, Home Occupation Permits, Plans and Plan Checks, Service Requests).
CC 9 attachment

Section 34090 of the Government Code provides a procedure whereby any City record, which has served its purpose and is no longer required, may be destroyed. After a thorough review of the Records Retention Schedule, which was adopted by the City Council on September 12, 2000, it has been determined that certain records for Administration, City Clerk, Parks Recreation & Arts, Finance, Human Resources, Economic Development and Development Services are ready for destruction.

CC 10. Approve the Subdivision Undertaking Agreement submitted by Beazer Homes Holdings Corp ("Subdivider"), for Tract Map No. 060858, located on the south side Avenue I approximately 320 feet east of 45^th Street West; and authorize the City Engineer to execute the agreement upon the receipt of updated Improvement Securities.
CC 10 attachment\

On May 9, 2006, the City and Subdivider entered into a Subdivision Undertaking Agreement ("Agreement") to guarantee the installation of improvements that were required as a condition of the recordation of Tract Map No. 060858. Due to the downturn in the economy, the Subdivider was unable to complete the required improvements within the specified time frame of the Agreement and subsequent amendments thereto. The Agreement subsequently expired on February 14, 2014. On July 6, 2016, the City Engineer received a letter from the Subdivider indicating their intent to move forward with the installation of the required improvements and their desire to begin new home construction by the end of this year. To do so, they must enter into a new Subdivision Undertaking Agreement and update the Improvement Securities.

NEW BUSINESS.

NB 1. Report on upcoming Planning Commission work efforts

Recommendation:

Receive report on upcoming Planning Commission work efforts

NB 2. Edward Byrne Memorial Justice Assistance Grant (JAG)

Recommendation:

Receive public comment and approve filing for the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $68,883.

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. The JAG purpose areas are Law Enforcement programs, Prosecution and court programs, Prevention and education programs, Corrections and community corrections programs and Drug treatment and enforcement programs.

NB 3. Proposition A Funds Exchange

Recommendations:

a. Approve Proposition A Funds exchange with the City of Commerce and authorize the City Manager to execute all documents related to the transaction.

b. Appropriate $1,425,000 from Proposition A Fund Balance to account number 207-4330991; increase estimated revenues by $997,500 in account number 101-3650101.

Proposition A guidelines allow for the exchange of unobligated Proposition A transportation funds to be exchanged with other agencies for general fund dollars. The City of Commerce contacted Lancaster staff inquiring whether we were interested in exchanging available Proposition A funds. The exchange rate is 70 cents on the dollar, resulting in $997,500 in unanticipated general fund revenues.

COUNCIL AGENDA.

CA 1. Update regarding City Parcel Tax
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.

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) - two potential cases.

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

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

4. Patton v. City of Lancaster, LASC Case No. MC 025064

5. Estarella v. City of Lancaster, LASC Case No.BC527749

6. Wilson v. City of Lancaster, LASC MC025201

7. 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 9, 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.