10-27-09 CC-LRA Minutes

44933 North Fern Avenue, Lancaster, CA 93534
Mayor /Chairman R. Rex Parris
Vice Mayor/Vice Chairman Ronald D. Smith
Council Member/Agency Director Ken Mann - Council Member/Agency Director Sherry Marquez
Council Member/Agency Director Ed Sileo

CITY COUNCIL / LANCASTER REDEVELOPMENT AGENCY
REGULAR MEETING
AGENDA

Tuesday
October 27, 2009
Regular Meeting – 5:00 p.m.
Council Chambers – Lancaster City Hall
The City Clerk / Agency Secretary hereby declares the agenda was posted
by 5:00 p.m. on Friday, October 23, 2009
at the entrance to the Lancaster City Hall Council Chambers.

CALL TO ORDER

ROLL CALL

Council Members/Agency Directors: Mann, Marquez, Sileo; Vice Mayor/Vice Chairman Smith; Mayor/Chairman Parris

INVOCATION

Pastor Sean Appleton, Quartz Hill Foursquare Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Mayor’s Athlete of the Month - Kyle Steffes, Paraclete High School
   Presenter: Mayor Parris
2. Recognition of Ricky Clutter and Ed Kawulak of Lancaster Honda for their contributions to the Streets of Lancaster event
   Presenter: Mayor Parris
3. Streets of Lancaster Community Member Recognition
   Presenter: Mayor Parris
4. California On Location Awards (COLA)
   Presenters: Pauline East, AV Film Office; Ray Hunt, Capital Engineering Manager and Michelle Cantrell, City Traffic Engineer
5. High Desert Green Jobs
   Presenter: Linda Jones

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/Redevelopment Agency on any agendized item is requested to complete a speaker card for the City Clerk/Agency Secretary and identify the agenda item you would like to discuss. Each person will be given an opportunity to address the City Council/Redevelopment Agency 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 City Council/Redevelopment Agency meeting and we appreciate your cooperation. Individual speakers are limited to three (3) minutes each.


AGENCY ACTIONS

CONSENT CALENDAR - The Redevelopment Agency Consent Calendar may be acted upon with one motion, a second and the vote.

RCC 1. See CC 2 for the approval of the Regular Redevelopment Agency Meeting minutes of October 13, 2009..

RCC 2. Approve the expanded “List of Qualified Contractors and Sub-contractors” for Housing & Neighborhood Revitalization Programs.

• RCC 2 Staff Report
• RCC 2 Attachment

COUNCIL ACTIONS

CONSENT CALENDAR - The City Council Consent Calendar may be acted upon with one motion, a second and the vote.

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 Redevelopment Agency / City Council Regular Meeting minutes of October 13, 2009.

• CC 2 Staff Report

CC 3. Approve the Check and Wire Registers September 27, 2009 through October 10, 2009 in the amount of $5,453,627.08.

• CC 3 Staff Report
• CC 3 Attachment

CC 4. Adopt Ordinance No. 934, an ordinance of the City Council of the City of Lancaster, California, adding Chapter 5.50 to the Lancaster Municipal Code relating to the employment of undocumented workers.

• CC 4 Staff Report
• CC 4 Attachment

CC 5. Staff recommends that Mayor Parris nominate and appoint: Andrew Sincuir, Amini Rodriguez, Jon Salazar, Brittanie Massey, Jaime Castrellon, Emily Clark, Shiniece Owens, and Maya Pocker to the 2009-2010 Lancaster Youth Commission and that the City Council ratify the nominations and appointments.

• CC 5 Staff Report

CC 6. Adopt Resolution No. 09- 94, approving the application for grant funds from the Los Angeles County Regional Park and Open Space District for Fifth Supervisorial District Excess Funding for the Amargosa Creek Pathway Phase II, Rest Area & Access Improvements.

• CC 6 Staff Report
• CC 6 Attachment

CC 7. Approve the Professional Services Agreement with Stuart & Graham to perform the HOME Investment Partnership Program for 2009 in an amount not to exceed $50,000.00. The Long-Term Monitoring of the HOME Investment Partnership Program is required by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 24 of the Codified Federal Regulations, Part 92 for the HOME Investment Partnership Program Final Rule.

• CC 7 Staff Report

CC 8. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 45445 Gingham Avenue as part of the approved Neighborhood Stabilization Program.

• CC 8 Staff Report
• CC 8 Attachment

CC 9. Approve agreement for acquisition of real property between the City of Lancaster and Elizabeth Cortez, Inc., dba The Loan Place for property located at 45408 Genoa Avenue as part of the approved Neighborhood Stabilization Program.

• CC 9 Staff Report
• CC 9 Attachment

CC 10. Approve Agreement for Acquisition of Real Property between the City of Lancaster and Federal National Mortgage Association for property located at 1304 West Avenue H-15 as part of the approved Neighborhood Stabilization Program.

• CC 10 Staff Report
• CC 10 Attachment

CC 11. Accept the interior street trees for maintenance by the City for Tract No. 060238, located on the northwest corner of 30th Street West and Lancaster Boulevard, Owner: D.R. Horton, Inc.

• CC 11 Staff Report
• CC 11 Attachment

CC 12. Approve and accept for maintenance the work and materials for the landscape improvements for Landscape Maintenance District No. 1, Annexation No. 304, installed for Tract No. 060238, located on the northwest corner of 30th Street West and Lancaster Boulevard, Owner: D.R. Horton, Inc. Appropriate $2,214.00 from the first year’s maintenance cost, which has been paid by the developer, to cover the remaining 9 months of the fiscal year into the Landscape Maintenance Operating Account No. 482-4747-402.

• CC 12 Staff Report
• CC 12 Attachment

CC 13. Approve the developer constructed streets and accept the streets for maintenance by the City for: Tract No. 060905, located on the northeast corner of 35th Street West and Kildare Street, Owner: Pulte Homes Corporation; and Tract No. 54201, located on the northeast corner of 35th Street West and Lancaster Boulevard, Owner: Pulte Homes Corporation.

• CC 13 Staff Report
• CC 13 Attachment

CC 14. Accept the work constructed by C.S. Legacy Construction, Inc. for Public Works Construction Project No. 08-011, Whit Carter Park, Phase 1; direct the City Clerk to file the Notice of Completion for the project; authorize payment of the 10 percent retention 35 days after recordation, provided no stop notices, as provided by law, have been filed.

• CC 14 Staff Report
• CC 14 Attachment

CC 15. Accept the work constructed by ANM Construction & Engineering for Public Works Construction Project No. 08-031, 45th Street West and Avenue K Traffic Signal; direct the City Clerk to file the Notice of Completion for the project; authorize payment of the 10 percent retention 35 days after recordation, provided no stop notices, as provided by law, have been filed.

• CC 15 Staff Report
• CC 15 Attachment

CC 16. Accept the work constructed by C.S. Legacy Construction, Inc. for Public Works Construction Project No. 08-040, Prime Desert Woodland Pavilion, Phase 2; direct the City Clerk to file the Notice of Completion for the project; authorize payment of the 10 percent retention 35 days after recordation, provided no stop notices, as provided by law, have been filed.

• CC 16 Staff Report
• CC 16 Attachment

CC 17. Accept the work constructed by Vizion’s West, Inc. for Public Works Construction Project No. 09-017, NGCP Demo – West of Sierra Highway, North of Avenue I; direct the City Clerk to file the Notice of Completion for the project; authorize payment of the 10 percent retention 35 days after recordation, provided no stop notices, as provided by law, have been filed.

• CC 17 Staff Report
• CC 17 Attachment

CC 18. Approve the closure of Avenue G between Sierra Highway and approximately 50 feet east of the railroad tracks, for a period not to exceed 5 days to facilitate the construction of the Avenue G Street improvements related to the eSolar project.

• CC 18 Staff Report
• CC 18 Attachment

CC 19. Approve the use of $190,760.00 in California Bicycle Transportation Account (BTA) funding and the creation of two new Capital Improvement Projects for the installation of Class II bike lanes on Sierra Highway between Avenue J and Avenue I (15BW003) and on Avenue J-8 from Challenger Way to 20th Street East (15BW004).

• CC 19 Staff Report

CC 20. Adopt Resolution No. 09-95, declaring its intention to vacate a portion of road right-of-way on 40th Street East, located north of Avenue J and south of Lancaster Boulevard.

• CC 20 Staff Report
• CC 20 Attachment

CC 21. Authorize City staff to work with representatives from the County of Los Angeles and City of Palmdale to prepare and submit a joint application to obtain a new state Enterprise Zone designation and authorize the City Manager or his designee to execute all documents related thereto.

• CC 21 Staff Report

PUBLIC HEARINGS

None

NEW BUSINESS

NB 1. Amendment to Title 10 of the Lancaster Municipal Code relating to Vehicles and Traffic

Recommendation:
Introduce Ordinance No. 935, an ordinance of the City Council of the City of Lancaster, California, amending Section 10.04.070 of the Lancaster Municipal Code relating to closing roads and highways.

• NB 1 Staff Report
• NB 1 Attachment

NB 2. Converting to a Charter City

Recommendation:
Authorize City Attorney to finalize the draft of the proposed Charter and to present it to the City Council at the November 10, 2009 meeting together with necessary resolutions to place the issue on the ballot at the April 13, 2010 General Municipal Election.

• NB 2 Staff Report
• NB 2 Attachment

NB 3. Amendment to Title 2 of the Lancaster Municipal Code relating to Administration and Personnel pertaining to the position of Deputy Mayor

Recommendation:
Introduce Ordinance No. 936, an ordinance of the City Council of the City of Lancaster, California, adding Section 2.04.080 to Chapter 2.04 of the Lancaster Municipal Code.

• NB 3 Staff Report
• NB 3 Attachment

COUNCIL AGENDA

CA 1. Consider appointing Marvin Crist as Chairman and David Vierra as Vice Chairman of the Criminal Justice Commission
Presenter: Mayor Parris

CA 2. California High Speed Rail - Antelope Valley Station
Presenter: Mayor Parris

CITY MANAGER’S / EXECUTIVE DIRECTOR’S ANNOUNCEMENT

CITY CLERK /AGENCY 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/Redevelopment 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/Redevelopment Agency meeting and we appreciate your cooperation. State law prohibits the City Council/Redevelopment 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 REPORTS

COUNCIL / AGENCY COMMENTS

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Gov Code 54956.9(a))

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 (Agency and Council)

Next Regular Meeting:
Tuesday, November 10, 2009 - 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's Department and are posted with the agenda on the windows of the City Council Chambers. For more information, please call the City Clerk’s Department at (661) 723-6020.