12-10-13 Housing Authority Minutes

12-10-13 CC-Agency-Authority Minutes

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

Tuesday
December 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, December 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

Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. SOAR High School - Lemelson MIT InvenTeam
   Presenter: Principal Chris Grado

2. Pen Or Pencil Children's March
   Presenter: Gwendolyn Cole

3. Presentation of Most Business Friendly City Award
   Presenters: City Manager, Mark Bozigian and Director of Economic Development Vern Lawson

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of October 22, 2013.

CONSENT CALENDAR

HA CC 1. Approve the cancellation of the Lancaster Housing Authority meeting on April 8, 2014 and direct the City Clerk to post the required notice.

This item is on the agenda for the Lancaster Housing Authority to consider the cancellation of the April 8, 2014 regular Housing Authority meeting due to the City's General Municipal Election which will be held on that day.

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Approve Resolution No. SA 12-13, finding the Pre-Dissolution Loans were for legitimate redevelopment purposes and direct staff to bring loans to Oversight Board for finding that the loans were for legitimate redevelopment purposes and inclusion on future Recognized Obligation Payments Schedules (ROPS) for repayment.
SA NB 1 attachment

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of November 12, 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 October 27, 2013 through November 23, 2013 in the amount of $3,974,572.47.
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 October 2013, 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, the City of Lancaster and the Lancaster Housing Authority

CC 4. Approve the cancellation of the City Council/Successor Agency/Financing/Power Authority meeting of April 8, 2014 and direct the City Clerk to post the required notice.

This item is on the agenda for the City Council/Agency/Authority to consider the cancellation of the April 8, 2014 regular City Council/Successor Agency/Financing/Power Authority meeting due to the City's General Municipal Election which will be held on that day.

CC 5. Adopt Ordinance No. 995, an ordinance of the City Council of the City of Lancaster, California, amending Sections 16.08.190 and 17.32.170.a. of the Lancaster Municipal Code, and adding Section 17.32.175 to the Lancaster Municipal Code, relating to the expiration of other discretionary approvals in conjunction with a Tentative Map.
CC 5 attachment

The proposed ordinance would allow for the expiration dates of discretionary land use actions approved in conjunction with a tentative map to be coterminous with that tentative map. This change would permit commercial and industrial projects that also require a tentative map approval to receive the same benefits as residential projects currently enjoy. The proposed language in the ordinance is permissive rather than mandatory; this would allow the City to establish different expiration dates for related discretionary land use actions if, for some reason, having a coterminous date was not desirable.

CC 6. Accept the work constructed by ANM Construction & Engineering of Lancaster, California for Public Works Construction Project No. 12-001, Municipal Stadium Parking Lot Resurfacing and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 6 attachment

On June 25, 2013, Council awarded Public Works Construction Project No. 12-001, Municipal Stadium Parking Lot Resurfacing, to ANM Construction & Engineering. This project repaired and resurfaced the Municipal Stadium parking lot. Construction of the project has been completed to the satisfaction of the Director of Public Works.

CC 7. Approve and accept for maintenance the landscape improvements for the Landscape Maintenance District, Annexation No. 347 and Tract No. 061206, located on the southeast corner of Avenue J and 35^th Street East; Owner: KB Home Coastal, Inc., and appropriate $7,992.60 from the first year's maintenance cost that has been paid by the developer to cover the remaining seven (7) months of the fiscal year into the Landscape Maintenance Operating Account No. 482-4747-402.
CC 7 attachment

On May 9, 2006, the Council adopted Resolution No. 06-99, initiating proceedings for annexation into Landscape Maintenance District No. 1; Resolution No. 06-100, declaring its intention to annex territory; and Resolution No. 06-103, confirming the diagram and assessment and ordering the proposed improvements. The landscaping improvements for this tract have been installed by the developer, according to the approved plans and specifications. The improvements have been completed to the satisfaction of the Director of Public Works.

CC 8. Approve the completed water system installed by the developer for Site Plan Review No. 12-01, located on the northeast corner of 10^th Street West and Avenue K; Owner: Intertex General Contractors, Inc.
CC 8 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, 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 9. PWCP No. 09-027, 25^th Street East Alignment at Avenue J and Lancaster Boulevard, SLPPCL13-5419(039)

1. Award PWCP No. 09-027, 25^th Street East Alignment at Avenue J and Lancaster Boulevard, SLPPCL13-5419(039), to ANM Construction and Engineering of Lancaster, California, in the amount of $377,898.78 plus a 10% contingency for installation of street 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).

2. Appropriate $361,000.00 in Prop 1B State-Local Partnership Program (SLPP) 2012-13 Competitive funds to Capital Improvement Budget Account No. 205-16ST001-924 and increase estimated revenues in account 205-3302100 by the same amount.

The project involves the construction of intersection alignment improvements at the intersection of 25^th Street East at Avenue J and 25 ^th Street East at Lancaster Boulevard. The project includes pavement widening, replacement and extension of drainage facilities, and installation of pedestrian refuge areas. This project includes $361,000.00 in Prop 1B State-Local Partnership Program Competitive (SLPP-C) 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.

CC 10. Approve a professional services agreement with Kimley-Horn and Associates, Inc. of Los Angeles, California, in the amount of $1,741,380.00, with a 6% contingency, for Program/Project Management Services for Measure R "Highway Equity" Funds and authorize the City Manager, or his designee, to sign all documents. The consultant selection process was made in accordance with Government Codes 4526 and 53060.
CC 10 attachment

The March 2012 California Transportation Commission's (CTC) adoption of the 2012 State Transportation Improvement Program (STIP) provided an additional $82.2 million to fund the SR-138 widening from Pearblossom Avenue to SR-18. As a result, Measure R funds can fund additional projects that can enhance capacity in other locations along the SR-138 corridor. At its June 28, 2012 meeting, Metro Board approved a motion to include the SR-138 Capacity Enhancements as a subregional "equity" fund. At its September 19, 2012 meeting, Metro Board approved additional SR-138 project list and funding allocations for the Measure R SR-138 Capacity Enhancements. Eleven projects were identified for a cumulative total of $200 million. This amount is expected to fully fund the projects. Four of the eleven bridges to receive Measure R funding are in the City of Lancaster and include the interchanges at Avenue G, Avenue J, Avenue K and Avenue L. In addition, the list includes the Avenue M interchange that falls within the City of Lancaster, City of Palmdale and County of Los Angeles. In total, these five bridges have been allocated $65 million dollars to fund all phases of the project from project initiation documents through construction of interchange improvements, as well as local street improvements for up to a mile east and a mile west of the interchanges. The projects are scheduled to be completed over the next five years.

CC 11. Approve an appropriation in the amount of $2,000 to Account No. 106-3232-100 for the Walmart Corporation Facility Giving Grant and increase estimated Revenue Account No. 106-4684-222 by the same amount.

Lancaster was awarded $2,000 by Walmart Corporation Facility Giving to purchase candy for the 2014 BooLVD Halloween and Harvest Festival. BLVD businesses distribute candy to eager children at no cost in a safe and secure environment.

CC 12. Approve an appropriation in the amount of $1,000 to Account No. 106-4644-770 for the Youth Service America (YSA) 2014 MLK Day of Service Lead Organizer Grant and increase estimated Revenue Account No. 106-3208-102 by the same amount.

Lancaster was awarded $1,000 by Youth Service America for the 2014 Martin Luther King Day of Service event. YSA Grants power youth-led service and service-learning projects with funding, training, and resource support to harness the creativity, energy and unique perspective of young people to grow stronger communities, foster student achievement, and build workplace readiness skills.

PUBLIC HEARING

PH 1. TEFRA Hearing/Approval of Multifamily Housing Revenue Bonds for Friendly Village Mobile Home Park and Hacienda Mobile Estates
PH 1 attachment

Recommendation:

Adopt Resolution No. 13-64, pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of housing revenue bonds (the "Housing Revenue Bonds") by the California Municipal Finance Authority ("CMFA") in an aggregate principal amount not to exceed $70 million, up to $5 million of which is intended to refinance all or a portion of the Caritas Affordable Housing, Inc.'s, a California nonprofit corporation, outstanding Independent Cities Lease Finance Authority Senior Lien Mobile Home Park Revenue Bonds (Caritas Affordable Housing, Inc. Project) Series 2003A, for mobile home parks located in the City of Lancaster (the "City") generally known as Friendly Village Mobile Home Park, and Hacienda Mobile Estates.

Caritas Affordable Housing, Inc. ("Caritas") plans to finance and refinance the acquisition and improvement of 7 existing mobile home parks located throughout California. Two of these parks to be refinanced are located within the City and are described as follows:

(a) a 464-space mobile home park generally known as "Friendly Village Mobile Home Park," located at 1301 East Avenue I in the City of Lancaster; and

(b) a 264-space mobile home park generally known as "Hacienda Mobile Estates," located at 2330 East Avenue J-8 in the City of Lancaster.

Caritas requests that the City approve CMFA's issuance of the Housing Revenue Bonds in order to refinance the above-mentioned projects. The Housing Revenue Bonds will be tax-exempt private activity bonds for 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 finance is located. In order for the City to approve CMFA's issuance of the Housing Revenue Bonds, the City must conduct a Tax Equity and Fiscal Responsibility Act ("TEFRA") hearing to allow for public comment on the use of the tax exempt bond financing.

JOINT NEW BUSINESS

JNB 1. Amendment No. 3 to the Option Agreement, Acknowledgment and Consent Agreement with Psomas FMG, LLC (PsomasFMG)
JNB 1 attachment

City Council Recommendation:

Approve Amendment No. 3 to the Option Agreement, Acknowledgment and Consent Agreement with Psomas FMG, LLC (PsomasFMG) acknowledging terms of the Sublease with PsomasFMG, Lancaster Solar Crest, LLC, a Delaware limited liability company and authorize the City Manager to execute all documents necessary to complete the transaction and modify the Agreement, if necessary, with concurrence of legal counsel to complete the transaction.

Lancaster Power Authority Recommendation:

Approve Amendment No. 3 to the Option Agreement, Acknowledgment and Consent Agreement with Psomas FMG, LLC (PsomasFMG) consenting to the assignment of the Option Agreement to PsomasFMG Lancaster Solar Crest, LLC, a Delaware limited liability company and authorize the Executive Director to execute all documents necessary to complete the transaction and modify the Agreement, if necessary, with concurrence of legal counsel to complete the transaction.

NEW BUSINESS

NB 1. City of Lancaster Hazard Mitigation Plan 2013-2018
NB 1 attachment 

Recommendation:

Adopt Resolution No. 13-65, approving the City of Lancaster Hazard Mitigation Plan 2013-2018 and direct the City Manager or his designee to submit the Plan to the State Office of Emergency Services for approval.

The Federal Disaster Mitigation Act of 2000 requires that local governments develop and submit local hazard mitigation plans to the Federal Emergency Management Agency ("FEMA") as a condition of receiving FEMA Hazard Mitigation Grant Program Funds after November 2004. In 2005, the City prepared its first Multi-Hazard Mitigation Plan under this act. The Lancaster Hazard Mitigation Plan 2013-2018 ("Mitigation Plan") is a renewal and update of the previous plan.

NB 2. Lancaster Business Park Landscape Maintenance District
NB 2 attachment

Recommendations:

a. Adopt Resolution No. 13-66, initiating proceedings for the formation of the Lancaster Business Park Landscape Maintenance District pursuant to the Landscape and Lighting Act of 1972 and California Constitution Article XIIID; accept, approve and file the preliminary diagram and assessment.

b. Adopt Resolution No. 13-67, approving the Engineer's Report and the time and place for a public hearing, and declaring the Council's intention to form the Lancaster Business Park Landscape Maintenance District and to levy and collect assessments pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California and California Constitution Article XIIID.

Previously, the property owners in the Lancaster Business Park were billed annually for the maintenance of the landscaped area in front of their properties and the Business Center Parkway median. The maintenance was provided by a City of Lancaster agreement under the supervision of the Lancaster Redevelopment Agency. The maintenance cost included labor and equipment, repair and irrigation supplies, fertilizing and utilities. Due to the dissolution of the Lancaster Redevelopment Agency, the property owners in the Lancaster Business Park need to enter into a Landscape Maintenance District to continue receiving the landscape maintenance for their property.

NB 3. Amendment to Title 8 (Health and Safety) of the Lancaster Municipal Code by Adding Chapter 8.29 Relating to Swimming Pool Maintenance
NB 3 attachment

Recommendation:

Introduce Ordinance No. 996, adding Chapter 8.29 to the Lancaster Municipal Code, relating to maintenance of swimming pools.

Stagnant bodies of water create breeding grounds for mosquitoes, which are capable of transmitting the causative agents of human diseases including West Nile Virus, encephalitis and malaria. Vector control officials have advised that one of the leading sources of stagnant water is improperly maintained swimming pools; the estimate is that as many as 1200 pools in the City may be abandoned, untreated or otherwise inadequately maintained.

The purpose of the proposed Ordinance is to set clear guidelines for proper pool maintenance, and to provide for a substantial financial disincentive for property owners to maintain their pools in an unhealthful, insanitary and unsafe condition.

COUNCIL AGENDA

CA 1. Consideration of re-appointment ofMarvin Crist to the Antelope Valley Fairgrounds Joint Powers Authority Board of Directors

Presenter: Mayor Parris

CA 2. Consideration of nomination/appointment ofTodd Porter and Joyce Gonzales to the Lancaster Performing Arts Center Foundation (LPACF) Board of Directors

Presenter: Mayor Parris

CA 3. Receive report on the proposed emergency shelter at the Antelope Valley Fairgrounds; appropriate $8,000 to Account No. 306-4542-301 from Lancaster Housing Authority Fund Balance to assist with shelter operations and authorize the City Manager to execute all necessary agreements and documents to support emergency shelter operations.

Presenters: Vice Mayor Crist and Council Member Johnson

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. Report on the Activities of the Board of Directors for District No. 14 of the County Sanitation Districts of Los Angeles County - November 21, 2013 meeting

Presenter: Council Member Mann

LANCASTER FINANCING 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) - four potential cases.

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

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

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

5. Palmdale v. Lancaster - Case No. BC443280

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

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

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

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

10. 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

11. Shabazz v. Parris, USDC, Central Case No. CV12-5803 SVW (JEM)

ADJOURNMENT

Next Regular Meeting:
Tuesday, January 14, 2014 - 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.