5-14-13 CC-Agency-Authority Minutes

5-14-13 Housing Authority Minutes

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

Tuesday
May 14, 2013
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, May 10, 2013
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

Housing Authority
Deputy Mayor/Chair Kitty Kit Yee Szeto
Vice Chair Marvin Crist
Deputy Mayor/Authority Member Cassandra Harvey
Authority Member Ken Mann
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/Housing/Power Authority

ROLL CALL

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

ROLL CALL

Housing Authority Members: Harvey, Mann, Smith; Vice Chair Crist; Chair Szeto

INVOCATION

Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Address by Emmett Murrell: Henry Hearns' 80^th Birthday Celebration

2. 2013 Global Leadership Summit
Presenter: David Parker, Senior Pastor; Desert Vineyard Fellowship

3. Youth Commission Presentation of Mayor's Project
Presenters: Lancaster Youth Commission

4. Every 15 Minutes Program
Presenter: California Highway Patrol Officer Gil Hernandez

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of April 23, 2013.

NEW BUSINESS

HA NB 1. Ground Lease with US Topco Energy, Inc.
HA NB 1 attachment

Recommendation:

Approve a ground lease with US Topco Energy, Inc. (Topco), to work cooperatively to design and construct a 3-megawatt photovoltaic solar generation facility on approximately sixteen (16.22) acres of land near the old fairgrounds, referencing APN 3176-005-914 located east of Division St., south of Avenue H-8, and authorize the Executive Director to execute all documents and make any non-substantive changes necessary to complete transaction.

Staff has been working closely with US Topco to develop an energy partnership that will allow for the further development and construction of solar facilities. On June 28, 2011, the Lancaster Power Authority (LPA) approved a Master Solar Power Purchase and Sale Agreement with US Topco for the initial construction of a 7.5-megawatt solar generation facility on approximately twenty-six (26) acres of City/Agency owned land near the old fairgrounds and adjacent to the Antelope Valley High School District Building. On December 13, 2011, the LPA approved a Ground Lease with Topco to work cooperatively to design and construct a 7.5-megawatt photovoltaic solar generation facility on the above mentioned property.

In the period of time between when the project began, and the necessary approvals from Edison were realized, the State of California adopted legislation dissolving the Lancaster Redevelopment Agency. As a result, the way in which agency property is managed changed. This new law required the State of California to approve the list of housing assets, and transfer those to the Lancaster Housing Authority from the former Lancaster Redevelopment Agency. On March 2, 2013, the State approved the above mentioned transfer for APN 3176-005-914. This change in ownership requires the Housing Authority to re-approve the lease as the LHA is the true and final owner.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of April 23, 2013.

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 April 7, 2013 through April 27, 2013 in the amount of $5,279,203.77.
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 wires 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. Adopt Ordinance No. 990, an ordinance of the City Council of the City of Lancaster, California, amending Section 12.04.050 (A) of the Lancaster Municipal Code modifying park closure time.
CC 3 attachment

Parks, Recreation and Arts Department staff currently close park facilities at 10 p.m. pursuant to posted signage at each location. Recently, staff discovered that Section 12.04.050 (A) of the Lancaster Municipal Code, which was last modified May 22, 1989, shows the use of parks and recreation areas is prohibited from the hours of 11 p.m. to 6 a.m. The proposed Ordinance will modify the park closure time in the Municipal Code to 10 p.m.

CC 4. Approve the monumentation work for Tract Map No. 60241, located on the northwest corner of Lancaster Boulevard and 31^st Street West. Owner: Beazer Homes Holding Corp.
CC 4 attachment

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

PUBLIC HEARINGS

PH 1. Community Development Block Grant (CDBG) 2013 Program Year Action Plan

Recommendation:

Approve the proposed projects described herein for the City of Lancaster's 2013 One-Year Action Plan application to be submitted to the United States Department of Housing and Urban Development.

The City of Lancaster has been a CDBG entitlement community since 1986 and receives an annual grant for developing viable urban communities that encompasses decent housing and a suitable living environment, and expanded economic opportunities, primarily for low- and moderate-income persons. The proposed One-Year Action Plan is intended to provide a summary of proposed program activities, eligibility criteria, and funding levels for the 2013 CDBG program year. All programs and/or projects submitted in the Plan are in compliance with the U.S. Department of Housing and Urban Development (HUD) guidelines for eligible activities.

PH 2. General Plan Amendment No. 11-03 and Zone Change No. 11-03 (28.5± acres on the northwest corner of 60th Street West and Avenue J)
PH 2 attachment

Recommendations:

A. Adopt Resolution No. 13-12, amending the General Plan land use designation on the subject property from LI (Light Industrial) to UR (Urban Residential, 2.1 to 6.5 dwelling units per acre).

B. Introduce Ordinance No. 991, rezoning the subject property from LI (Light Industrial) to R-7,000 (single-family residential one dwelling unit per 7,000 square feet).

The applicant, Pacific Communities Inc., has proposed an RPD (Residential Planned Development) with a VTTM (Vesting Tentative Tract Map) to construct 108 single-family lots and a drainage channel located at the northwest corner of 60th Street West and Avenue J. The project site is currently designated as LI (Light Industrial) and zoned LI (Light Industrial). The properties to the south and west are designated UR, zoned R-7,000. The property to the north is designated LI, zoned LI. The property to the east is designated P (Public), zoned P (Public).

The City's zoning code does not permit residential development under the current LI designation; therefore, an amendment of the General Plan land use designation to UR and rezoning of the site to R-7,000 is necessary to allow for the processing of the RPD. The approval of the RPD would allow the City to obtain dedication and improvement for the drainage channel, which would have been more difficult to acquire with an LI designation and LI Zone.

NEW BUSINESS

NB 1. Issuance of Multifamily Housing Revenue Bonds not to exceed $8,000,000
NB 1 attachment

Recommendation:

Adopt Resolution No. 13-13, approving the issuance of Multifamily Housing Revenue Bonds not to exceed $8,000,000; approving the form, execution and delivery of a Master Pledge and Assignment Agreement, Master Agency Agreement, Regulatory Agreement and Administration Agreement needed in connection with the issuance of the Bonds; authorizing the execution and delivery of such other documents deemed necessary to effect the purposes related thereto.

I Yam What I Yam, L.P. plans to create an outdoor community space with a playground and artificial turf play lawn, upgrade the building envelope by installing new thermal foam roofs and retrofitted vinyl windows, and replace all the Heating Ventilation Air Conditioning (HVAC) systems with new equipment. Thirty-five percent of the units will be designated for First 5 LA program participants, which are families with children up to five years of age who have some contact with Department of Children and Family Services (DCFS) and are at risk of homelessness. I Yam What I Yam, L.P. is partnering with a non-profit partner Abbey Road, and will contract with supportive services provider Penny Lane to provide social services for these families while they are enrolled in the program and beyond.

I Yam What I Yam, L.P. requests that the City approve the issuance of tax-exempt revenue bonds (the "Bonds") to be utilized to finance the Cedar Ridge Project. The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. The City will not be under an obligation to repay the Bond indebtedness.

NB 2. Improvement Agreement with 99 Serenade Lancaster, LLC

Recommendation:

Approve the Improvement Agreement with 99 Serenade Lancaster, LLC to construct certain Master Planned Drainage Facilities (MPDF) required for the development of Tentative Tract Map Nos. 60294, 61038, and 61118 and terminate the previous Improvement Agreement executed on April 27, 2010, with Global Investment and Development, LLC; approve the Land Exchange Agreement and Joint Escrow Instructions with CT Capital, LLC and 99 Serenade Lancaster, LLC to facilitate the construction of the MPDF.

As a condition of approval for Tract Map No. 60294, Matthews Homes dba MC Builders was required to construct the MPDF adjacent to Avenue J, between 60 ^th and 65^th Streets West. On August 8, 2006, the City and MC Builders entered into a Funding, Credit, and Reimbursement Agreement. MC Builders constructed a portion of the required MPDF along with much of the public infrastructure for Tract Map No. 60294.

Due to the downturn in the housing market, construction was stopped. MC Builders lost the property in foreclosure and Global Investment and Development, LLC (Global) subsequently acquired the Property. The City and Global entered into an Improvement Agreement on April 27, 2010 (2010 Agreement), to complete the required MPDF and develop the subject tracts. To immediately relieve the flooding, Global built a temporary drainage facility over the property with Tentative Tract Map (TTM) No. 61038. Construction of the MPDF has yet to occur, and the term of its completion within the 2010 Agreement has passed. Global has also transferred the Property to 99 Serenade Lancaster, LLC (Serenade).

A new agreement with Serenade is, therefore, needed to proceed with the completion of the MPDF. The proposed Improvement Agreement will replace and terminate the 2010 Agreement. Serenade agrees to complete the MPDF and acquire a drainage easement along Avenue J from an adjacent property owner between 60^th and 62^nd Streets West. The timing and construction of the MPDF will be based on Serenade's projected timeline and schedule but shall commence construction no later than five (5) years from the signing of this Agreement.

NB 3. Sub-Recipient Agreement between the City of Lancaster and the Housing Rights Center

Recommendation:

Approve the Sub-Recipient Agreement between the City of Lancaster and the Housing Rights Center to provide fair housing services to the residents of Lancaster for the 2013 Community Development Block Grant (CDBG) Program Year.

All municipalities receiving CDBG funding are required to maintain fair housing programs in order to affirmatively further fair housing pursuant to the Code of Federal Regulations as outlined in § 570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063.

The City's existing Sub-Recipient Agreement ("Agreement") with the Housing Rights Center stipulates under Section 9 that the Agreement can be renewed on an annual basis (July 1 through June 30), by the mutual written consent of both parties. As a result, a letter was received from the Executive Director of the Housing Rights Center, dated April 23, 2013, stating their desire to continue to provide fair housing services to the City of Lancaster.

NB 4. Proposed Downtown Lancaster Property-Based Improvement District (PBID)
NB 4 attachment

Recommendations:

A. Adopt Resolution No. 13-14, accepting the petitions submitted by Downtown Lancaster property owners in support of establishing a Property-Based Improvement District (PBID) in the downtown area and declaring the intention to establish this PBID.

B. Set a Public Hearing for July 23, 2013 to consider formation of the District.

In an effort to satisfy the needs of its members and create a stable, sustainable funding source for the newly revitalized downtown area, The BLVD Association and the City of Lancaster have partnered to initiate the formation of a Property-Based Improvement District (PBID). PBIDs serve as a valuable tool to create sustainable, vibrant downtowns in cities throughout California, including Pasadena, Long Beach, and Sacramento. With the incredible growth catalyzed by the City's revitalization project, The BLVD has now reached a stage in its evolution at which it must establish a stable funding source in order to ensure the ongoing success of the downtown and its businesses. The activities and programs of the proposed PBID will work to attract new patrons, generate increased revenue, strengthen property values, and help downtown businesses thrive.

The proposed PBID would replace the existing BID and would assess property owners via their property tax bills in place of charging business owners a fee. It would utilize the resulting funds in the following major categories: Clean and Safe - 30% (i.e. security, enhanced maintenance services, janitorial services); Marketing and Promotions - 50% (i.e. advertising, marketing, special events); Advocacy and Administration - 18% (i.e. staffing to implement PBID programs, tenant attraction and retention); and a contingency (2%). The proposed PBID would be governed by a Board of Directors representing the downtown business and property owners.

The item now before you for consideration would accept the petitions collected during the petition drive, declare the intent to establish the proposed PBID, and set a public hearing to consider formation of the PBID. The next step in the formation process is the ballot phase, in which ballots will be mailed to all property owners of record within the proposed district boundaries. Ballots must be remitted to the City Clerk prior to the close of the public hearing on July 23, 2013 at 5:00 p.m. Following this, the City Clerk will count the ballots. Should a majority of the votes cast be in support of the PBID and the City Council accepts these results, the PBID would then be enacted and would take effect in January 2014.

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for District No. 14 of the County Sanitation Districts of Los Angeles County - April 19, 2013 meeting

Presenter: Council Member Mann

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

Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). Three potential cases.

Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(a)

• Coalition for Open Government v. City of Lancaster, Case No. BC499047

• Quartz Hills Cares v. City of Lancaster, Case No. BS 122336

• Waterhouse v. Lancaster - Case No. CV 12-00923 SJO

• Palmdale v. Lancaster - Case No. BC443280

• Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649

• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC488907

• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)

• Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079

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

• 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 Dist.,
  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, May 28, 2013 - 5:00 p.m.

MEETING ASSISTANCE INFORMATION

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk Department 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. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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.