2-26-13 CC-Agency-Authority Minutes.pdf

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

Tuesday
February 26, 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, February 22, 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 John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE

PRESENTATION

Athlete of the Month Award - Joshua Kay, Desert Christian High School
Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of February 12, 2013.

CONSENT CALENDAR

HA CC 1. Increase estimated revenue in Account No. 306-3606-100, Property Sales, by $400,000 and appropriate a corresponding amount to the following expenditure accounts in the amounts listed:

• 306-4542-819 Infill Housing in the amount of $60,000
• 306-4542-822 Non Bond Funded Properties in the amount of $150,000
• 306-4542-824 Bond Funded Properties in the amount of $70,000
• 306-4542-902 Operation of Acquired Property in the amount of $20,000
• 306-4542-940 Demolition of Acquired Property in the amount of $100,000

On January 24, 2012 the Lancaster City Council, adopted Resolution No. 12-08 assigning the housing functions of the former Lancaster Redevelopment Agency to the Lancaster Housing Authority. On March 27, 2012, the Lancaster Housing Authority adopted Resolution No. HA 03-12 approving a disposition strategy for the sale of single-family residences acquired by the Lancaster Redevelopment Agency and transferred to the Housing Authority. The properties have associated ongoing costs the Lancaster Housing Authority is obligated to maintain. Acquired properties, such as foreclosed homes, require periodic maintenance in addition to repairs and improvements to make the properties sale ready. As real estate market conditions improve, the Lancaster Housing Authority is committed to maintaining existing properties and ensuring that the homes are in the best marketable condition as possible. As such, buyer interest is increasing, and the Lancaster Housing Authority is seeing an increase in sales; therefore, staff has revised estimated revenues in sales and will utilize that increase to offset ongoing maintenance costs and repairs.

LANCASTER POWER AUTHORITY ACTIONS

CONSENT CALENDAR

PA CC 1. Authorize the Executive Director to execute all documents necessary to amend the previously executed ground sub-lease agreement (Sublease) with US Topco to remove contingency clauses requiring approval of a Property Management Plan by the State Department of Finance (DOF) and to rename the agreement.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of February 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 January 27, 2013 through February 9, 2013 in the amount of $8,909,567.71.
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 and approve the January 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. These component units include: the City of Lancaster and the Lancaster Housing Authority.

CC 4. Accept the interior street trees for maintenance by the City for Tract No. 54370-02, located on the northwest corner of Avenue L-8 and 70^th Street West. Owner: KB HOME Coastal, Inc.
CC 4 attachment

The interior street trees have been installed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 5. Appropriate $48,498.85 to Account No. 104-4740-763 for the purchase of one Motor-Grader All Wheel Drive (AWD), Model #120M2, and award contract to Quinn Company in the amount of $293,233.85. The contract amount was competitively bid through the National Joint Powers Alliance (NJPA) and includes both the 5-year extended warranty and mobile communications option.

As part of the Capital Replacement Program, this procurement will replace an existing grader (EQ 3729) that was purchased as a used machine in January 1994. EQ 3729 is a 1989 model and is now 24 years old and has reached the end of its useful operating life.

CC 6. Approve the appropriation of $10,422.24 in awarded grant funds from the California Emergency Management Agency (Cal-EMA) Hazardous Management Preparedness Planning Grant (HMEP) to Revenue Account No. 399-3305-100 and corresponding Expense Account No. 399-4755-101.

The City of Lancaster was awarded grant funds from Cal-EMA to document and evaluate the Hazmat uses and transportation activities within the City, in order to improve public safety. Funding will be used for emergency planning purposes, emergency route identification, and response measures to aide first responding agencies in identifying potential problems and to predict future emergency actions. The data collected will be used to design and conduct a simulated Hazmat transportation emergency response scenario in coordination with our Emergency Operations Center (EOC), assigned staff, and CERT volunteers.

CC 7. Approve the monumentation work for the acceptance of improvements for Tract No. 060614, located on the northwest corner of 20^th Street East and Avenue K-8. Owner: KB HOME Coastal, Inc.
CC 7 attachment

The monumentation work on the listed project has been completed by the Surveyor of Record for the subject subdivision map. It 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.

CC 8. Approve the following developer installed sanitary sewer and accept this sewer for maintenance by the City and for public use for Tract No. 060241, Private Contract No. 05-49, located on the southwest corner of Jackman Street and 30^th Street West. Owner: Beazer Homes Holdings Corp.
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 Director of Public Works.

CC 9. Approve the developer constructed streets and accept the streets for maintenance by the City for Tract No. 54370-02, located on the northwest corner of Avenue L-8 and 70^th Street West. Owner: KB HOME Coastal, Inc.
CC 9 attachment

The streets have 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 Director of Public Works.

CC 10. Approve the completed water system installed by the developer for Tract No. 54370-02, located on the northwest corner of Avenue L-8 and 70^th Street West. Owner: KB HOME Coastal, Inc.
CC 10 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Quartz Hill Water District, 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 11. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Magnolia, LP ("Subdivider"), for Tract Map No. 53102-02, located on the northwest corner of Avenue J-12 and 45^th Street West, extending the date of completion to February 12, 2015.
CC 11 attachment

On September 23, 2003, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 53102-02. Subsequent amendments have extended this agreement until March 22, 2013. On January 21, 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 Magnolia, LP for Tract Map No. 53102-02, extending the completion date to February 12, 2015.

CC 12. Adopt Resolution No. 13-07, ordering judicial foreclosure of delinquent special taxes in Community Facilities District Nos. 91-2.
CC 12 attachment

In 1990, the City conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") to create Community Facility District ("CFD") No. 91-2. Those proceedings resulted in the issuance of bonds and levy of special taxes to pay principal and interest on the bonds for the CFD. The special taxes are collected in bi-annual installments that become delinquent if not paid by December 10 and April 10, respectively, of each tax year. Pursuant to the trust indenture regarding the bonds issued for the CFD, the City has covenanted to bondholders to commence judicial foreclosure proceedings against properties within the CFD for which special taxes are delinquent. Pursuant to the Mello-Roos Act, judicial foreclosure proceedings cannot be initiated until the City authorizes the commencement of such actions.

CC 13. Approve future transfers of property from the Successor Agency to the City of Lancaster, subject to State Department of Finance approval and authorize the City Manager or his designee to execute all documents to accept said properties from the Successor Agency.

The dissolution of redevelopment by the State of California requires that the properties previously owned by Redevelopment Agencies, which have since been replaced with Successor Agencies, be liquidated and that the resulting funds be passed on to the State. However, the State allows cities to retain properties that will be used for legitimate public purposes rather than liquidating them. Several such properties which were formerly owned by the Lancaster Redevelopment Agency have already been approved by the State Department of Finance for retention by the City of Lancaster. Moving forward, a number of additional properties, such as the City Maintenance Yard and the Lancaster University Center, will also need to be transferred. To expedite this process, it is staff's recommendation that the City Manager or his designee be authorized to execute all documents related to future transfers of property, subject to State Department of Finance approval, in order to facilitate retention of these properties by the City for use by our citizens.

PUBLIC HEARING

PH 1. General Plan Amendment 12-03 and Zone Change 12-03 (20± acres located at the southwest corner of Lancaster Boulevard and 40^th Street East)
PH 1 attachment

Recommendations:

a. Adopt Resolution No. 13-08, amending the General Plan land use designation on the subject property from UR(Urban Residential, 2.1 to 6.5 dwelling units per acre) to NU (Non-Urban Residential).

b. Introduce Ordinance No. 987, rezoning the subject property from R-7,000 (single family residential, one dwelling unit per 7,000 square feet) to RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres).

The applicant, Sunlight Partners, LLC, has proposed to construct and operate a 1.5 megawatt (MW) photovoltaic (PV) solar energy generating facility located at the southwest corner of Lancaster Boulevard and 40^th Street East. The project site is currently designated as UR (Urban Residential) and zoned R-7,000 (single family residential, minimum lot size 7,000 square feet). All the property immediately surrounding the project site is designated as UR and zoned as either R-7,000 or R-10,000 (single family residential, minimum lot size 10,000 square feet). The property on the east side of 40 ^th Street East is designated as NU (Non-Urban Residential) and RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres). The City's zoning code does not permit the development of commercial-style solar energy facilities under the current R-7,000; therefore, amendment of the General Plan land use designation to non-urban and rezoning of the site is to RR-2.5 is necessary to allow the project to move forward.

JOINT NEW BUSINESS

JNB 1. Loan between the Lancaster Successor Agency and the City of Lancaster to cover payment due to Cardlock
JNB 1 attachment

City Council Recommendation:

Adopt Resolution No. 13-09, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for payment due to Cardlock.

Successor Agency Recommendation:

Adopt Resolution No. SA 04-13, establishing the terms and conditions and authorizing the execution of a promissory note in favor of the City of Lancaster for the distribution of funds to the Lancaster Successor Agency for payment due to Cardlock.

NEW BUSINESS

NB 1. Hometown Heroes Banner Program Update

Recommendation:

Receive update on the City's Hometown Heroes Banner Program

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

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

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

• Doe v. Lancaster - Case No. CV-12-10808 SJO (RZx)

• 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, March 12, 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.