9-8-09 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
September 8, 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, September 4, 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

PLEDGE OF ALLEGIANCE

PRESENTATIONS

Student Speaker - Armando Carlos, Parkview Middle School

Mayor’s Athlete of the Month - Adam Sundberg, Lancaster High School
Presenter: Mayor Parris

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 August 25, 2009.

RCC 2.   Approve the agreement for the Acquisition of Real Property between the Lancaster Redevelopment Agency and HSBC Bank USA National Association as successor trustee to Wells Fargo Bank N.A. as trustee for Bear Stearns Mortgage Funding Trust 2006-AC1 for property located at 44806 Spearman Avenue, Lancaster, California.

• 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 Staff Report

CC 3. Approve the Check and Wire Registers August 9, 2009 through August 22, 2009 in the amount of $3,681,501.67.

• CC 3 Staff Report
• CC 3 Attachment

CC 4. Accept and approve the July 31, 2009 Monthly Report of Investments as submitted.

• CC 4 Staff Report
• CC 4 Attachment

CC 5. Approve and accept for maintenance the work and materials for the drainage improvements for Drainage Maintenance District Annexation Nos. 05-21, 05-36 and 04-18 installed for:  Tract No. 060238, located on the northwest corner of 30th Street West and Lancaster Boulevard, Owner:  D.R. Horton, Inc.; Tract No. 060905, located on the northeast corner of 35th Street West and Kildare Street, Owner:  Pulte Home Corporation; and Tract No. 54201, located on the northwest corner of Lancaster Boulevard and 32nd Street West, Owner:  Pulte Home Corporation.

• CC 5 Staff Report
• CC 5 Attachment

CC 6. Approve the monumentation work for:  Parcel Map No. 24597, located on the southwest corner of 10th Street West and Avenue L, Owner:  Gus Christopoulos; and Tract No. 060905, located on the northeast corner of 35th Street West and Kildare Street, Owner:  Pulte Home Corporation.

• CC 6 Staff Report
• CC 6 Attachment

CC 7. Approve the completed sewer systems installed by the developer of Tract No. 53102-01, located on the southwest corner of Avenue J-8 and 45th Street West, Owner:  Magnolia, L.P.; and Tract No. 060238, located on the northwest corner of 30th Street West and Lancaster Boulevard, Owner:  D.R. Horton, Inc.

• CC 7 Staff Report
• CC 7 Attachment

CC 8. Award Public Works Construction Project No. 09-020, Beech Avenue Realignment, to Vance Corporation, in the amount of $1,023,522.00, plus a 20% contingency and authorize the City Manager, or his designee, to sign all documents.  Transfer $50,000.00 from Capital Improvements Budget Account No. 260-15FA001-924 to Capital Improvements Budget Account No. 260-15ST021-924. 

• CC 8 Staff Report

CC 9. Award the contract for the purchase of one Sewer Cleaning Truck, Sewer Equipment Co. of America 800-HPR, in the amount of $190,375.64 to Plumbers Depot, Inc. and authorize the City Manager, or his designee, to sign all documents.

• CC 9 Staff Report

CC 10. Accept the Sanitary Sewer Collections System Annual Performance Report for Fiscal Year 2008-2009.

• CC 10 Staff Report
• CC 10 Attachment

CC 11. Approve the appropriation of $36,856.00 in grant funds from the California Integrated Waste Management Board to Revenue Account No. 331-3306-100 and corresponding Expense Account No. 331-4740-777 to fund an education and awareness program for the proper disposal of used oil, a household hazardous waste.

• CC 11 Staff Report

CC 12. Approve the Agreement for use of the Lancaster Performing Arts Center by Antelope Valley College for the 2009-2010 Season.

• CC 12 Staff Report
• CC 12 Attachment

CC 13. Mayor Parris to nominate and appoint volunteers Betty J. Thomas, Emily A. Pack, Emery E. Pack, Lonny Potter and Micky Palmer to fill current and future vacancies on the Lancaster Veterans Home Citizens Committee and the City Council to ratify these nominations and appointments.

• CC 13 Staff Report

CC 14. Authorize the City Manager to select an Independent Hearing Officer to hear matters under the Uniform Code for abatement of dangerous buildings.

• CC 14 Staff Report

CC 15. Adopt Resolution No. 09-85, a resolution of the City Council of the City of Lancaster, California, approving the Application for Grant Funds from the Recreational Trails Program for the following project: Amargosa Creek Pathway.

• CC 15 Staff Report

JOINT PUBLIC HEARING

JPH 1. Agreement for the Sale of Real Property by and between the Lancaster Redevelopment Agency and Comsite LLC (SWC 30th Street West & Avenue K)

Redevelopment Agency Recommendation:
Adopt Resolution No. 23-09, approving a Disposition and Development Agreement for the Sale of Real Property by and between the Lancaster Redevelopment Agency and Comsite LLC (APN: 3112-001-902) and authorize the Executive Director to execute all attendant documents related to the sale.

City Recommendation:
Adopt Resolution No. 09-84, approving a Disposition and Development Agreement for the Sale of Real Property by and between the Lancaster Redevelopment Agency and Comsite LLC (APN: 3112-001-902) and authorize the City Manager to execute all attendant documents related to the sale.

• JPH 1 Staff Report
• JPH 1 Attachment

CONTINUED PUBLIC HEARINGS

CPH 1.      Appeal of Planning Commission Denial - Conditional Use Permit No. 07-05

Recommendation:
1. Adopt Resolution No. 09-82 upholding the Planning Commission decision by denying the appeal for Conditional Use Permit 07-05, a request to construct a carwash and detail shop on the northwest corner of 17th Street West and Avenue J

Or:

2,. Adopt Resolution No. 09-84 overturning the Planning Commission decision by approving the appeal for Conditional Use Permit 07-05, and approving the development plans originally considered by the Commission on June 16, 2008, consisting of a carwash and coffeehouse, for construction on the northwest corner of 17th Street West and Avenue J (thereby approving the project with added conditions)

Or:

3. Adopt Resolution No. 09-83 overturning the Planning Commission decision by approving the appeal for Conditional Use Permit 07-05, a request to construct a carwash and detail shop on the northwest corner of 17th Street West and Avenue J (thereby approving the project with added conditions).

• CPH 1 Staff Report
• CPH 1 Attachment

PUBLIC HEARINGS

PH 1. Amendment to Title 17 (Zoning Ordinance) of the Municipal Code modifying the Wind Energy requirements to regulate non-commercial Vertical Axis Wind Turbine Systems (VAWTS) in residential zones

Recommendation:
A. Introduce Ordinance No. 933, amending Title 17 of the Lancaster Municipal Code (LMC) by modifying the Wind Energy regulations in Residential Zones.

B. Determine that the application fee for VAWTS would be the same as established for a Director’s Review (Checklist B) for a fee of $338.00.

• PH 1 Staff Report
• PH 1 Attachment

NEW BUSINESS

None

COUNCIL AGENDA

None

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

CR 1. Report on the Activities of the Edwards Air Force Base Restoration Advisory Board

Presenter: Council Member Sileo

CR 2.  Report on the Activities of the Antelope Valley Air Quality Management District

Presenter: Vice Mayor Smith/Council Member Marquez

CR 3. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority

Presenter: Vice Mayor Smith/Council Member Marquez

CR 4.  Report on the Activities of the Board of Directors for the High Desert Corridor Joint Powers Authority

Presenter: Vice Mayor Smith

COUNCIL / AGENCY COMMENTS

CLOSED SESSION

ADJOURNMENT (Agency and Council)

Next Regular Meeting:
Tuesday, September 22, 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.