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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
September 13, 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, September 9, 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

Pastor Chris Johnson, Grace Chapel

PLEDGE OF ALLEGIANCE

PRESENTATIONS

  1. Presentation of Ambassador For Peace Proclamations and Medals to Korean War Veterans
    Presenter: Criminal Justice Commissioner Jin Hur
  1. Recognition of Barbara Boswell, Finance Director/Lancaster Choice Energy Director    

    Presenter: Mark Bozigian, City Manager

  1. Recognition of Carlyle Workman, Public Works Manager
    Presenters: Jeff Hogan, Development Services Director and Mark Bozigian, City Manager

SUCCESSOR AGENCY ACTIONS.

NEW BUSINESS.

SA NB 1. Amended Recognized Obligation Payment Schedule 16-17B for the Period January 1, 2017 to June 30, 2017
SA NB 1 attachment

Recommendation:
Adopt Resolution No. SA 07-16, approving the Amended Recognized Obligation Payment Schedule 16-17B for the period January 1, 2017 to June 30, 2017 and direct staff to bring before the Lancaster Successor Agency Oversight Board for approval.

Health & Safety Code Section 34177(o)(1)(E) authorizes a successor agency once per ROPS period to submit one amendment to the ROPS for the second one-half of the ROPS period. Successor Agency staff recommends amending the previously approved ROPS 16-17B to update obligations related to the Non-Housing bond refundings completed in June. This also provided an opportunity to update projected funds available to pay enforceable obligations for the ROPS 16-17B period.

SA NB 2. Successor Agency Amended Administrative Budget for the Period January 1, 2017 to June 30, 2017
SA NB 2 attachment

Recommendation:
Adopt Resolution No. SA 08-16, approving the Successor Agency Amended Administrative Budget for the period of January 1, 2017 to June 30, 2017, as detailed in Attachment A.

The Successor Agency budget is developed from the enforceable obligations listed on the Recognized Obligation Payment Schedule. With the approval of the Amended Recognized Obligation Payment Schedule 16-17B, an amended budget is needed for the period January 1, 2017 to June 30, 2017.

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of August 9, 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 July 24, 2016, through August 27, 2016 in the amount of $13,180,295.97.
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 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. Appropriate $100,000.00 in grant funds from the State of California Office of Traffic Safety reimbursement program for the Pedestrian and Bicycle Safety Program (PBSP) to Revenue Account No. 324-3307-200 and these corresponding expense accounts:
CC 4 attachment

Expense Account No. 324-4782-101 to 137 for Salary Disbursement: $39,908.00
Expense Account No. 324-4782-202 for Local and Regional Events: $6,500.00
Expense Account No. 324-4782-770 for Professional Services to fund the PBSP: $53,592.00


In an effort to continue the goals of providing Safe Routes to School and safety on our City trails and bikeways, the City applied for a grant through the Office of Traffic Safety (OTS). The City of Lancaster was awarded a grant to educate 3rd grade students on pedestrian and bicycle safety. The funds will allow the City to conduct bicycle and pedestrian classroom workshops at all nineteen elementary schools, distribute and properly fit 1,000 helmets to school age children, and design bicycle and pedestrian safety brochures.

CC 5. Accept the Sanitary Sewer Collection System Annual Performance Report for Fiscal Year 2015-2016.
CC 5 attachment

The City of Lancaster assumed responsibility for the operation and maintenance of its sanitary sewer system from the County of Los Angeles Consolidated Sewer Maintenance District (CSMD) on July 1, 2008, believing that local control of the system was in the best interest of its residents. The production of an annual report is one of the performance measures approved by City Council in the Fiscal Year 2011-2012 Program and Financial Plan. The Sewer Collection System Annual Report outlines the Fiscal Year 2015-2016 accomplishments of the Development Services Department, Utilities Services Section regarding operations and maintenance of the City's sewer system.

CC 6. Adopt the Tax Sharing Resolution for Annexation No. 14-422, a proposed shopping center located at the northwest corner of Avenue L and 60th Street West, into Los Angeles County Sanitation District No. 14.
CC 6 attachment

The property owners within Annexation No. 14-422 are requesting sewer service for their property. Before sewer service can be provided, the property 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 site must negotiate reallocation of the ad valorem taxes for the property being annexed. This tax sharing resolution will provide Los Angeles County Sanitation District No. 14 with property tax revenues from the property proposed for annexation into the District.

CC 7. Approve and accept the monumentation work for Tract Map No. 60241, located on the northwest corner of Lancaster Boulevard and 31st Street West, owned by Beazer Homes Holding Corp.
CC 7 attachment

The monumentation work for Tract Map No. 60241 has been completed by the substitute surveyor. The work has been inspected and found to be satisfactory to the City Engineer. Evidence of payment to the substitute surveyor for completion of the monumentation work has been received.

CC 8. Approve the developer installed sanitary sewer and accept this sewer for public use and maintenance by the City for Site Plan Review No. 97-03, Private Contract No. 98-03, located at 1600 West Avenue J, owned by the Antelope Valley Hospital.
CC 8 attachment

The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Development Services Director.

CC 9. Approve and accept for maintenance the developer constructed streets for Site Plan Review No. 12-02, located on 43830 10th Street West, owned by ERETZ Lancaster Properties, LLC.
CC 9 attachment

The reconstruction of curb and gutter, sidewalks, and driveway has been completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Development Services Director.

CC 10. Approve the completed water systems installed by the developers for Site Plan Review No. 12-02, located at 43810 10th Street West, owned by ERETZ Lancaster Properties, LLC; and Site Plan Review No. 97-03, located at 1600 West Avenue J, owned by the Antelope Valley Hospital.
CC 10 attachment

The water systems on these projects have been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, and are constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Development Services Director.

CC 11. Approve Multi-Year Professional Service Agreements with each of the pre-qualified consulting firms on the attached list and authorize the City Manager, or his designee, to execute all task orders within existing signature authority limits.
CC 11 attachment

In June 2016, the City advertised a Request for Qualifications (RFQ 646-16) for Multi-Year Professional Services for the term of October 2016 to September 2018, from professional consulting firms to support the Capital Improvement Program and departmental operations. The firms on the list are recommended to be pre-qualified service providers until September 2018. The Multi-Year Agreement will permit City staff to issue Task Orders for individual projects.

CC 12. Adopt Resolution No. 16-47, adopting an enhanced electrical safety requirement applicable to certain public projects with on-site electrical work estimated at $100,000 or more.
CC 12 attachment

Contracted electrical work for large public projects is often one of the most complex and impactful components of these projects, in terms of project cost, project schedule, worker safety, project inspection, and future project performance and reliability. Through research and experience, staff believes that an enhanced level of electrical safety requirements for these large projects is in the best interests of the public and the workers, craftsmen, and City employees working on and/or supporting construction of these projects.

CC 13. Endorse the accuracy of information presented in Lancaster Choice Energy's (LCE) 2015 Power Content Label based on Staff's review and independent auditor report.
CC 13 attachment

California Public Utilities Code requires all retail sellers of electric energy, including Lancaster Choice Energy (LCE), to disclose "accurate, reliable, and simple-to-understand information on the sources of energy" that are delivered to their respective customers. Applicable regulations direct retail sellers to provide such communications no later than October 1st of each year. The format for requisite communications is highly prescriptive, offering little flexibility to retail sellers when presenting such information to customers. This format has been termed the "Power Content Label" by the California Energy Commission (CEC). To fulfill its Power Content Label reporting obligation, LCE must also provide the CEC with Council's attestation regarding the accuracy of information included in the Power Content Label. While developing LCE's 2015 Power Content Label, staff along with technical consultants performed a detailed review of all power purchases completed for the 2015 calendar year. Subsequent to this review, a third party auditor verified that the content contained within the report to the CEC was accurate.

CC 14. Approve appropriations for the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $68,883 to expense account number 399-4820-776 and to revenue account number 399-3308-216.

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 Grant funds can be used in any of five purposed areas to pay for personnel, prevention and education programs, rent, and supplies. The City will utilize the JAG funds for the Community Support and Good Citizenship Program.

CC 15. Adopt Resolution No. 16-48, rescinding Resolution No. 14-04 in its entirety and establishing the List of Designated Employment Classifications and the Disclosure Categories of the Conflict of Interest Code as provided in Section 2.40.030, Title 2, of the Lancaster Municipal Code.
CC 15 attachment

The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. In reviewing the Code, it was determined that the List of Designated Employee Classifications should be amended.

CC 16. Approve agreement for acquisition of real property between the City of Lancaster and Pennymac Corp. for property located at 1023 West Avenue H-3, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 16 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.

CC 17. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 647 West Avenue J-11, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 17 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.

JOINT PUBLIC HEARING.

JPH 1. Issuance of Lancaster Financing Authority 2016 Assessment Revenue Bonds (Streetlights Acquisition), approve Bond Documents, and authorize certain other actions
JPH 1 attachment

Recommendations:
City Council Recommendation:

Adopt Resolution No. 16-49, approving the issuance of Lancaster Financing Authority 2016 Assessment Revenue Bonds (Streetlights Acquisition) in the aggregate principal amount not to exceed $14,250,000, approving an Installment Purchase Agreement, a Bond Purchase Contract, a Continuing Disclosure Agreement, a Preliminary Official Statement and a Final Official Statement in connection therewith, and authorizing the taking of certain other actions in connection therewith.

Lancaster Financing Authority Recommendation:

Adopt Resolution No. FA 02-16, approving the issuance of Lancaster Financing Authority 2016 Assessment Revenue Bonds (Streetlights Acquisition) in the aggregate principal amount not to exceed $14,250,000, approving an Installment Purchase Agreement, a Bond Purchase Contract, a Continuing Disclosure Agreement, a Preliminary Official Statement and a Final Official Statement in connection therewith, and authorizing the taking of certain other actions in connection therewith.

On March 18, 2016, the California Public Utilities Commission approved the sale of approximately 17,856 streetlights by Southern California Edison to the City of Lancaster. In order to finance the acquisition, the City intends to issue tax-exempt assessment revenue bonds. The bonds will be payable from Lancaster Lighting Maintenance District assessments, which are levied annually and collected via Los Angeles County property tax rolls. Approval of the resolutions by the City Council and Lancaster Financing Authority ("Authority") will authorize the issuance and sale of the Streetlights Acquisition Bonds and make certain findings regarding significant public benefits to the City and Authority.

NEW BUSINESS.

NB 1. Proposition 57; The Public Safety & Rehabilitation Act

Recommendation:

Presentation and possible action regarding Proposition 57; The Public Safety & Rehabilitation Act

NB 2. Expansion and upgrade of the Los Angeles County Antelope Valley Senior Center
NB 2 attachment

Recommendations:

a. Approve and authorize the City Manager, or his designee, to sign all documents and enter into a License Agreement and Memorandum of Understanding (MOU) with the County of Los Angeles to oversee and manage the expansion and upgrade of the Los Angeles County Antelope Valley Senior Center.

b. Create Capital Improvement Project Los Angeles County Senior Center Expansion and Upgrade Project (11BS025).

c. Appropriate $1,500,000.00 in Los Angeles County Reimbursement funds to Capital Improvement Account No. 261-11BS025-924 and recognize $1,500,000.00 in revenue in Los Angeles County Reimbursement Account No. 261-3301-100.

Representatives of the County Supervisor's and Chief Executive's Offices approached the City in late Spring of 2016 with a request for City assistance with a project to enlarge and upgrade the current Antelope Valley Senior Center on Fern Avenue and Jackman Street. The City would issue a design-build RFQ/P, participate on an evaluation panel with County staff, award a design-build contract to the top-rated respondent, and manage the contract and construction of the project to its completion, all while being fully reimbursed for the costs of the construction/expansion, and using our expertise to bring an upgraded facility to the seniors of the Antelope Valley.

COUNCIL REPORTS.

CR 1. 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. Dunnagan v. City of Lancaster, LASC Case No. BC 615917
  1. Simmons v. City of Lancaster, LASC Case No. BC 615471
  1. Celebron v. City of Lancaster, LASC Case No. BC 615587
  1. Kay v. City of Lancaster, LASC Case No. MC 026015
  1. Arredondo v. City of Lancaster, LASC Case No. BC 573151
  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, September 27, 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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