9-10-13 CC-Agency-Authority Minutes

9-10-13 Housing Authority Minutes

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

Tuesday
September 10, 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, September 6, 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 Ryan Parish, New Hope Community Church

PLEDGE OF ALLEGIANCE

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of May 14, 2013.

HOUSING AUTHORITY CONSENT CALENDAR

HA CC 1. Adopt Resolution No. HA 02-13, amending Section 501 of the Lancaster Housing Authority Bylaws pertaining to regular meeting day and time.
HA CC 1 attachment

Each year, the Housing Authority has approved the cancellation of the second meetings in November and December due to the Thanksgiving and Christmas holidays. Staff recommends adopting this resolution to change the meeting day and time to avoid placing this item before the Authority each year. A special meeting of the Housing Authority may be called at any time by the Chair, or by three members of the Authority, as established in the Ralph M. Brown Act.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Recognized Obligation Payment Schedule for the period January 1 to June 30, 2014

SA NB 1 attachment

Recommendation:

Adopt Resolution No. SA 09-13, approving the Recognized Obligation Payment Schedule for the period January 1 to June 30, 2014 and direct staff to bring this matter before the Lancaster Successor Agency Oversight Board for approval.

Health & Safety Code Section 34177(m) requires the Successor Agencies of the previous redevelopment agencies to prepare Recognized Obligation Payment Schedules (ROPS) that list obligations to be paid for the coming six month period. These schedules are used by the County Auditor-Controller in determining the amount of property tax revenues to distribute to the Successor Agency.

The ROPS for the period January 1 to June 30, 2014 is due to the California State Department of Finance by October 4, 2013 for the January 2, 2014 property tax distribution. The ROPS will be submitted to the Lancaster Successor Agency Oversight Board for approval at its September 17, 2013 meeting.

SA NB 2. Successor Agency Budget for the Period January 1 to June 30, 2014
SA NB 2 attachment

Recommendation:

Adopt Resolution No. SA 10-13, approving the Successor Agency Budget for the period of January 1 to June 30, 2014 as detailed in Attachment A.

Health and Safety Code Section 34177(j) requires successor agencies to adopt six month budgets. The budget is developed from the enforceable obligations listed on the recognized obligation payment schedule for the period January to June 2014.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of August 27, 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 August 11, 2013 through August 24, 2013 in the amount of $3,207,236.04.
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 Adopt Resolution No. 13-50, repealing Resolution No. 08-48 and establishing the meeting day and time of the Lancaster City Council.
CC 3 attachment

Each year, the City Council has approved the cancellation of the second meetings in November and December due to the Thanksgiving and Christmas holidays. Staff recommends adopting this resolution to change the meeting day and time to avoid placing this item before Council each year. A special meeting of the City Council may be called at any time by the Mayor, or by three members of the City Council, as established in the Ralph M. Brown Act.

CC 4. Approve the completed recycled water system installed by the United States Army Corps of Engineers for Project No. W912PL-10-C-0026 ARRA - North Valley Water Lancaster, CA, along Division Street from Lancaster Boulevard to Avenue K, west in Avenue K to 10^th Street West, then south to Avenue K-15 near Lancaster City Park and the new Kaiser Facility. Additionally, a branch was extended south in Sierra Highway from Avenue K to Avenue M.
CC 4 attachment

The recycled water system on this project has been constructed and completed to the satisfaction of the City of Lancaster and is constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Director of Public Works.

CC 5. Award Public Works Construction Project No. 12-010, Downtown Lancaster Gateway, 10^th Street West and Lancaster Boulevard, FTIP ID LAF3830 (LA11G4T), RPSTPLE-5419(036), to MJS Construction, Inc. of Palmdale, California, in the amount of $1,911,206.30, plus a 10% contingency, for installation of gateway improvements and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

The project involves the construction of gateway improvements at the intersection of 10^th Street West and Lancaster Boulevard. This intersection is the westerly gateway to Downtown Lancaster and focuses on making Lancaster Boulevard a "Main Street" environment. The project includes the installation of curb extension ("bulb-outs"), landscaping enhancements around the intersection, parkways and medians and the installation of a gateway monument sign, plaza and decorative paving. This project includes $727,159.00 funded by Federal Transportation Enhancement (TE) Funds, and therefore, the City of Lancaster is prohibited from applying the Local Hiring Preference requirements. Per Local Hiring Ordinance No. 977, the City shall not apply the Local Hiring Preference when a State or Federal law or regulation prohibits the use of a Local Hiring requirement.

PUBLIC HEARING

PH 1. General Plan Amendment No. 13-01 and Zone Change No. 13-01 (92.7± acres generally bounded by Avenue K-8, Avenue L, 20^th Street East, and 30 ^th Street East)

PH 1 attachment

Recommendations:

A. Adopt Resolution No. 13-51, amending the General Plan land use designation on the subject property from O (Open Space) to NU (Non-Urban Residential).

B. Introduce Ordinance No. 992, rezoning the subject property from PK (Park) and RR-1 (Rural Residential, one dwelling unit per acre) to RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres).

The applicant, Psomas (on behalf of PsomasFMG, U.S. Topco, and Morgan Solar), has proposed to construct and operate three photovoltaic (PV) solar energy generating facilities totaling 13.3 megawatts (MW). The project site is generally bounded by Avenue K-8, Avenue L, 20^th Street East and 30 ^th Street East. The project site is currently designated as O (Open Space) east of 25^th Street East and NU (Non-Urban Residential) to the west of 25^th Street East, and is zoned PK (Park) and RR-1 (Rural Residential, one dwelling unit per acre), respectively. The property to the south is located in Palmdale, designated as IND (Industrial) and zoned M-2 (General Industrial). The property to the north, west, and a portion of the property to the east is designated as NU, and zoned either SRR (Semi-Rural Residential) or RR-1. The remainder of the property to the east is designated as O and zoned as PK.

The City's zoning code does not permit the development of commercial-style solar energy facilities PK zone, and with the adoption of the Residential Zone Update no longer allows them in the RR-1 zone. Therefore, amendment of the General Plan land use designation to non-urban residential and rezoning of the overall site to RR-2.5 is necessary to allow these facilities to move forward.

JOINT NEW BUSINESS

JNB 1. Loan Amortization Schedule for the Loan from the City of Lancaster to the Lancaster Successor Agency for Administrative Expenses for the Period January to June 2013
JNB 1 attachment

City Council Recommendation:

Adopt Resolution No. 13-52, approving the loan amortization schedule for the loan from the City of Lancaster to the Lancaster Successor Agency for Administrative Expenses for the period January to June 2013 pursuant to H & S Code Section 34173(h) and 34191.4(b)(2).

Successor Agency Recommendation:

Adopt Resolution No. SA 11-13, approving the loan amortization schedule for the loan from the City of Lancaster to the Lancaster Successor Agency for Administrative Expenses for the period January to June 2013 pursuant to H & S Code Section 34173(h) and 34191.4(b)(2).

At its regular meeting of January 8, 2013, the City Council and Successor Agency adopted Resolutions 13-03 and SA 01-13 approving a promissory note between the City of Lancaster and the Lancaster Successor Agency for administrative expenses incurred for the period January - June 2013. The loan was necessary as there were not sufficient Redevelopment Property Tax Trust Funds (RPTTF) received to provide for the administrative expenses. Health and Safety Code Section 34173(h), provides the ability for the City to make a loan to the Agency for enforceable obligations and Section 34191.4(b)(2) sets the interest rate equivalent to the LAIF rate. The loan becomes an enforceable obligation of the Agency, and is to be included on the Recognized Obligation Payment Schedule for repayment through future RPTTF distributions. The amortization schedule estimates the future interest. Actual interest will be computed at the actual LAIF rate.

NEW BUSINESS

NB 1. Solar Savings Presentation

Recommendation:

Receive Lancaster School District solar savings analysis presentation

COUNCIL AGENDA

CA 1. Consideration of nomination and appointment of Matthew Smith to the Antelope Valley Mosquito & Vector Control District Board

Presenter: Mayor Parris

LANCASTER FINANCING 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

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

• Palmdale v. Lancaster - Case No. BC443280

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

• 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 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 24, 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.