6-11-13 CC-Agency-Authority Minutes

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

Tuesday
June 11, 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, June 7, 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

Pastor Shane Idleman, Westside Christian Fellowship

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Jacqueline Sweeney

Presenter: Mayor Parris

2. Recognition of the 2012/2013 Youth Commission

Presenter: Mayor Parris

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of May 28, 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 May 12, 2013 through May 25, 2013 in the amount of $3,848,126.82.
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. Accept the work constructed by ANM Construction & Engineering of Lancaster, California, for Public Works Construction Project No. 12-004, Avenue I and 40^th Street West Turn Pocket, HSIPL 5419(025), and direct the City Clerk to file the Notice of Completion for the project. Retention on this project will be disbursed in accordance with California Public Contract Code.
CC 3 attachment

On November 13, 2012, Council awarded Public Works Construction Project No. 12-004, Avenue I and 40^th Street West Turn Pocket, HSIPL 5419(025), to ANM Construction & Engineering. This project constructed a dedicated left turn pocket for traffic heading west along Avenue I at 40^th Street West as a measure to improve vehicular safety. Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on May 22, 2013, which was within the time permitted in the contract.

CC 4. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Plum Canyon Investments, LLC ("Subdivider"), for Tract Map No. 060943 Phase 2, Lots 30-33 and 40, located on the south side of Avenue K-8, approximately 660 feet east of Challenger Way, extending the date of completion to May 1, 2015.
CC 4 attachment

On January 27, 2009, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 060943 Phase 2, Lots 30-33 and 40. The Agreement expired March 22, 2013. On May 1, 2013, 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 Plum Canyon Investments, LLC for Tract Map No. 060943 Phase 2, Lots 30-33 and 40, extending the completion date to May 1, 2015.

CC 5. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Plum Canyon Investments, LLC ("Subdivider"), for Tract Map No. 061078 Phase 2, Lots 13-22 and 25-49, located on the northwest corner of Avenue K-8 and 15^th Street East, extending the date of completion to May 1, 2015.
CC 5 attachment

On August 6, 2008, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 061078 Phase 2, Lots 13-22 and 25-49. The Agreement expired March 22, 2013. On May 1, 2013, 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 Plum Canyon Investments, LLC for Tract Map No. 061078 Phase 2, Lots 13-22 and 25-49, extending the completion date to May 1, 2015.

CC 6. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Plum Canyon Investments, LLC ("Subdivider"), for Tract Map No. 061278, located on the northwest corner of Avenue K-8 and Challenger Way, extending the date of completion to May 1, 2015.
CC 6 attachment

On August 6, 2008, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 061278. The Agreement expired March 22, 2013. On May 1, 2013, 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 Plum Canyon Investments, LLC for Tract Map No. 061278, extending the completion date to May 1, 2015.

CC 7. Approve the map and accept the dedications as offered on the map; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon for Parcel Map No. 64924, located southwest of Avenue I and 20^th Street West. Owner: AVI MMK Management, Inc.
CC 7 attachment

On August 20, 2007, the Planning Commission approved Tentative Administrative Parcel Map No. 64924. The Final Map is in substantial conformance with the approved tentative map. Parcel Map No. 64924 has been examined by the City Engineer and is ready for Council approval.

CC 8. Adopt Resolution No. 13-17, authorizing a staff person to serve as the initiative coordinator for this project, and approve the appropriation of $475,000 in grant funds from the Los Angeles County Department of Public Health for the HEAL Grant Initiative to Revenue Account No. 399-3303-200 and Expense Account No. 399-4520-770 to fund a Safe Routes to School (SRTS) Master Plan.
CC 8 attachment

On May 14, 2013, the City of Lancaster and Antelope Valley Partners for Health received the Los Angeles County Department of Public Health's HEAL Grant, which will fund the development and implementation of the SRTS Master Plan. The goal is to have prepared a comprehensive Safe Routes to School Plan that includes mini-plans for each of the public schools located within the City of Lancaster boundaries by September 29, 2016. Following the "5 E's" (Engineering, Education, Encouragement, Enforcement, and Evaluation) approach, this SRTS Master Plan will include overarching city-level recommendations for programmatic strategies and prioritization of engineering improvements. Incorporated into the SRTS Master Plan will be the individual school-based plans with detailed engineering improvements and programs for each school. The SRTS Master Plan will focus on programmatic strategies, and will provide a methodology for prioritizing engineering improvements.

CC 9. Lancaster Drainage Benefit Assessment District
CC 9 attachment

a. Adopt Resolution No. 13-18, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Utility Services Manager to prepare and file a report for Lancaster Drainage Benefit Assessment District.

b. Adopt Resolution No. 13-19, preliminarily approving the Engineer's Report, fixing time and place for public hearing (July 9, 2013) on the levy of the proposed assessment and declaring its intention to levy and collect assessments within Lancaster Drainage Benefit Assessment District.

The City Council previously formed the Lancaster Drainage Benefit Assessment District, including establishment of separate zones, and submitted the proposition to the eligible voters in each respective zone. The majority of voters approved the formation of the District, the separate zones, and the levying of the assessment. The first year's assessment was paid by the developers of the property. Each year, thereafter, the City Council, after public notice and hearing, may determine and impose an annual assessment.

The drainage improvements in the District have been completed and accepted by the City Council and will be maintained with funds generated by the Drainage Benefit Assessment District. Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-2006, as indicated on the diagram, will be assessed a unit assessment of $50.00 per equivalent drainage unit (EDU) for Fiscal Year 2013-2014. The unit assessment for Fiscal Year 2013-2014 is the same as Fiscal Year 2004-2005, except for those parcels that were annexed during Fiscal Year 2005-2006 or subsequent fiscal years, which will be assessed at a rate reflective of an annual index increase consistent with the consumer price index for Los Angeles-Riverside-Orange Counties. Last year's rate was $62.37. For Fiscal Year 2013-2014 annexations, the rate of assessment will be $63.74 per assessment unit, including the established CPI adjustment of 2.2% ($62.37 + ($62.37 x 0.022) = $63.74).

CC 10. Lancaster Landscape Maintenance District No. 1
CC 10 attachment

a. Adopt Resolution No. 13-20, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Utility Services Manager to prepare and file a report for Lancaster Landscape Maintenance District No. 1, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and

b. Adopt Resolution No. 13-21, preliminarily approving the Engineer's Report, fixing time and place for public hearing (July 9, 2013) on the levy of the proposed assessment and declaring its intention to levy and collect assessments within Lancaster Landscape Maintenance District No. 1, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

Lancaster Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District were formed, including subsequent annexations thereto, for the purpose of providing maintenance services to landscaping and appurtenant improvements for various developments within the City and assessing those properties which benefit from this service. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.

The landscaping improvements in the areas within the District will be maintained with funds generated by the Landscape Maintenance District. Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-2006, as indicated on the diagram, will be assessed a unit assessment of $80.00 for Fiscal Year 2013-2014. The unit assessment for Fiscal Year 2013-2014 is the same as Fiscal Year 2004-2005, except for those parcels that were annexed beginning Fiscal Year 2005-2006, which will be assessed at a rate reflective of an annual index increase consistent with the consumer price index for Los Angeles-Riverside-Orange Counties. Last year's rate was $99.79 per benefit unit. For Fiscal Year 2013-2014, the rate of assessment will be $101.98 per benefit unit, including the established CPI adjustment of 2.2% ($99.79 + ($99.79 x 0.022) = $101.98). Last year's rate for the Fox Field Industrial Corridor Landscape Maintenance District was $0.33 per benefit unit. For Fiscal Year 2013-2014, the rate of assessment will be $0.34 per benefit unit, including the established CPI adjustment of 2.2% ($0.33 + ($0.33 x 0.022) = $0.34).

CC 11. Lancaster Lighting Maintenance District
CC 11 attachment

a. Adopt Resolution No. 13-22, generally describing any proposed improvements or substantial changes in existing improvements and ordering the Utility Services Manager to prepare and file a report for Lancaster Lighting Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and

b. Adopt Resolution No. 13-23, preliminarily approving the Engineer's Report, fixing time and place for public hearing (July 9, 2013) 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.

On March 11, 2003, the City Council directed that an election be held asking the property owners within the Lancaster Lighting Maintenance District (LLMD) to approve an increase in the annual street lighting assessment to $70.00 per lighting unit, including a Consumer Price Index (CPI) based inflator.

Lancaster Lighting Maintenance District was formed, including subsequent annexations thereto, for the purpose of financing maintenance operations and installation of public lighting facilities, including but not limited to street lights, traffic signals, public parking lot lights, and highway safety lights (public lighting facilities) (as defined in § 22525 of the California Code) within the City of Lancaster, and assessing those properties which benefit from this service their proportionate share of the cost. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.

Last year's rate was $91.04. For Fiscal Year 2013-2014, the rate of assessment will be $93.04 per lighting unit, including the established CPI adjustment of 2.2% ($91.04 + ($91.04 x 0.022) = $93.04), except for those parcels within the zones that voted "no" as shown on "Exhibit C", which will remain at $45.00 per lighting unit. The street lighting improvements in the areas within the District will be maintained with funds generated by the Lighting Maintenance District. Each lot or parcel within the District that has been annexed as indicated on the diagram will be assessed a unit assessment of $93.04 for Fiscal Year 2013-2014. Parcels within the zones that voted "no" will remain at a unit assessment of $45.00

PUBLIC HEARINGS

PH 1. Proposed Fiscal Year 2013/2014 Budget and Five-Year Capital Improvement Program

Recommendation:

Conduct the Public Hearing and direct staff to schedule budget adoption for June 25, 2013.

The City is required to adopt a budget by July 1 of each year that establishes appropriations and estimated revenues for the coming fiscal year. The proposed budget is a culmination of many months of work by the City Council and staff in reviewing priorities and evaluating programs to meet those priorities.

Lancaster is starting to show signs of recovery from one of the worst recessions in our history. Sales tax, which contributes 36% of general fund revenues, is projected to have its fifth year of increases. While still nearly 20% below the peak of fiscal year 2006/07, we are encouraged that the local economy is growing. Revenues from auto sales are at five year highs, and general retail is growing as well. Unfortunately, we continue to be hit by the sluggish real estate market. Overall assessed valuation was down slightly in 2012 compared to 2011 and we are anticipating values to be flat in 2013. Property tax represents 28% of general fund revenues, and the City won't be able to fully recover until we see an overall increase in assessed valuations.

The proposed City budget reflects an overall 2.3% decrease from the FY 2012/13 adopted budget. The decrease is primarily due to one-time projects and grants in the Housing & Neighborhood Revitalization Department. Capital projects are proposed to increase 27% primarily due to the availability of restricted funds and grants for much needed road maintenance and improvement projects.

The proposed budget will come back for final adoption at the regular City Council meeting of June 25, 2013 and will be effective July 1, 2013.

PH 2. Annual Assessment of the Parking and Business Improvement District (BID) Levy in The BLVD Association Boundary
PH 2 attachment

Recommendation:

Adopt Resolution No. 13-24, a resolution of the City Council of the City of Lancaster approving The BLVD Association's 2012/2013 Year End Report and levying the annual assessment for the Downtown Lancaster Business Improvement District for the 2013/2014 Fiscal Year.

The BLVD Association serves as a driving force in the ongoing revitalization of the downtown area. Since the City's streetscape transformation project was completed, the Association has become more active than ever before. Throughout the past year, the organization has hosted a number of promotional events and activities to draw patrons to The BLVD, as well as working in partnership with the City to participate in major City-sponsored events. The Association also plays an integral role in marketing for the newly-revitalized BLVD with such efforts as its website, social media, and Wedding on The BLVD marketing campaign.

In order to permit The BLVD Association to continue making such valuable contributions to our downtown, the City Council is required to re-levy the assessment for the existing Parking and Business Improvement District each fiscal year per California Streets and Highways Code Section 36500 et. seq. At its regular meeting on May 28, 2013, the City Council adopted the Resolution of Intent to set the Public Hearing for June 11, 2013 to consider the BID annual renewal for Fiscal Year 2013/2014.

The BLVD Association, which administers the Downtown Lancaster BID, has requested the continuation of the BID during the upcoming fiscal year. This will allow businesses in the downtown area to continue to pool resources and coordinate efforts to promote the newly revitalized BLVD as a major regional destination for the arts, entertainment, shopping and dining. Adopting the attached resolution to renew the BID will contribute to the City and The BLVD Association's ongoing efforts to enhance the economic vitality of the downtown area.

NEW BUSINESS

NB 1. Partnership with the National Community Service Corporation
NB 1 attachment

Recommendation:

Approve Memorandum of Agreement establishing a new partnership with the National Community Service Corporation

The City of Lancaster is looking to create a new partnership with the Corporation for National and Community Service (CNCS) to develop a community-wide volunteer program in the Antelope Valley. The CNCS is a federal agency that engages more than 4 million Americans in service through various programs including Senior Corps, AmeriCorps, and the Social Innovation Fund. Through the AmeriCorps VISTA (Volunteers in Service to America) program, individuals make a make a year-long, full-time commitment to serve at a nonprofit organization or local government agency, working to fight illiteracy, improve health services, create businesses, strengthen community groups, and much more. Staff is proposing that the city become a VISTA sponsor and host up to four (4) VISTA members in Lancaster. For the next year, these VISTAs would assist the city with the research, development and implementation of a community-wide volunteer program.

NB 2. Continuation of the Building Incentive Stimulus Program
NB 2 attachment

Recommendation:

Adopt Resolution No. 13-25, a resolution of the City Council of the City of Lancaster, California, approving the continuation of the Building Incentive Stimulus Program for existing recorded tracts and new commercial development.

In an effort to encourage new construction and alleviate the blight of abandoned tracts, the City Council approved a Building Stimulus Program in February, 2010. The original program was extended through the end of Fiscal Year 2010-2011. For Fiscal Year 2011-2012, the program was modified to provide a twenty-five percent (25%) discount of development impact fees within tracts only, and to defer the payment of non-discounted impact fees for commercial construction to the issuance of the Certificate of Occupancy. This program was continued for Fiscal Year 2012-2013. These programs have managed to maintain a steady rate of new home construction in a market that has continued to decline in other communities. It is for this reason staff believes it is still in the best interest of the City to support the building industry by continuing the existing program through June 30, 2014.

For existing recorded tracts, twenty-five percent (25%) of the development impact fees will be waived, and landscaping will not be required in the rear or side yards when not visible from the street. The discount will apply to all new homes permitted within these tracts between July 1, 2013 and June 30, 2014, provided that at least one permit is issued prior to December 31, 2013. For new commercial and industrial development, development impact fees will be deferred from building permit issuance to the Certificate of Occupancy. This program will help stimulate the local job market, eliminate blight and attractive nuisances, increase property values, and encourage developers to continue to build in the City of Lancaster.

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 - May 16, 2013 meeting

Presenter: Council Member Mann

LANCASTER FINANCING AUTHORITY

No action required at this time.

LANCASTER HOUSING 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, June 25, 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.