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City Council / Redevelopment Agency Meeting

4-14-09 CC-LRA Minutes

lancaster---it's-positively clear

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
April 14, 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, April 10, 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

Ken Jones, Assistant Pastor, Lancaster Baptist Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS


Student Speaker, Daniel Chirino, age 8
Introduced by Council Member Marquez

Recognition of the Lancaster High Robotics Team
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 March 24, 2009.

RCC 2. Adopt Resolution No. 01-09, a resolution of the Lancaster Redevelopment Agency, setting the Lancaster Redevelopment Agency meeting time at 6:00 p.m. until the Comprehensive General Plan Updates are adopted, then return the meetings back to 5:00 p.m. thereafter, on the second and fourth Tuesday of each month.

RCC 3. Approve the agreement for Acquisition of Real Property between the Lancaster Redevelopment Agency and various agencies as part of the approved Neighborhood Foreclosure Preservation Homeownership Program and the Neighborhood Stabilization Program as outlined in Exhibit A of the staff report.

RCC 4. Adopt Resolution No. 02-09, a resolution of the Lancaster Redevelopment Agency of Lancaster, California, approving the Amended and Restated Owner Participation Agreement with Lancaster Promenade Lender, GP, and authorizing the execution and delivery of such other documents deemed necessary to effect the purposes related thereto.

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 March 24, 2009.

CC 3. Approve the Check and Wire Registers (March 8, 2009 through March 28, 2009) in the amount of $8,364,351.80.

CC 4. Accept and approve the February 28, 2009 Monthly Report of Investments as submitted.

CC 5. Adopt Resolution No. 09-15, a resolution of the City Council of the City of Lancaster, California, authorizing the destruction of certain records (Plans and Plan Checks.)

CC 6. Adopt Resolution No. 09-16, a resolution of the City Council of the City of Lancaster, setting the City Council meeting time at 6:00 p.m. until the Comprehensive General Plan Updates are adopted, then return the meetings back to 5:00 p.m. thereafter, on the second and fourth Tuesday of each month.

CC 7. Accept the interior street trees for maintenance by the City for Tract No. 060780, located on the southeast corner of Avenue K and 25th Street East, Owner: K Street East, LLC.

CC 8. Approve the monumentation work for: Tract No. 060198, located on the southeast corner of Avenue M 8 and 45th Street West, Owner: Pulte Homes Corporation; Tract No. 061123, located on the southwest corner of Avenue M-8 and 35th Street West, Owner: Pulte Homes Corporation; and Tract No. 061342, located on the southeast corner of Avenue M-12 and 45th Street West, Owner: Pinnacle Quartz Hill I, LLC.

CC 9. Approve the completed sewer systems installed by the developer of Tract No. 060780, located on the southeast corner of Avenue K and 25th Street East, Owner: K Street East, LLC.

CC 10. Approve the developer constructed streets and accept the streets for maintenance by the City for: Tract No. 46601, located on the northwest corner of Avenue J-8 and 37th Street West, Owner: Lancaster Palms, LLC; and Tract No. 060780, located on the southeast corner of Avenue K and 25th Street East, Owner: K Street East, LLC.

CC 11. Approve the completed water systems installed by the developer for: Tract No. 54286, located approximately 665 feet west of 25th Street West, between Avenue K-12 and Avenue K-14, Owner: Hill View Homes, Inc.; Tract No. 060524, located on the east side of 60th Street West, approximately 300 feet south of Avenue K-8, Owner: Richmond American Homes of CA, Inc.; Tract No. 060780, located on the southeast corner of Avenue K and 25th Street East, Owner: K Street East, LLC; and Tract No. 060811, located on the northeast corner of 60th Street West and Avenue K-12, Owner: Richmond American Homes of CA, Inc.

CC 12. Approve and accept the amendment to the existing Subdivision Undertaking Agreement; approve the Maintenance Agreement and Maintenance Security submitted by Magnolia, L.P., for Tract Map No. 53102-02 and approve the creation of Phase 1 and 2 of the subject map, located on the northwest corner of Avenue J-12 and 45th Street West.

CC 13. Approve the extension of the Subdivision Undertaking Agreement and Improvement Securities; accept and approve the Maintenance Security submitted by Magnolia L.P. for Tract Map No. 53102-01, located on the southwest corner of Avenue J-8 and 45th Street West.

CC 14. Approve the Reimbursement Agreement for the construction of Master Planned Drainage Facilities with Forestar Dorado Skies, L.L.C., for Tract Map No. 61206, located on the southeast corner of Avenue J and 35th Street East.

CC 15. Approve the Sewer System Management Plan and authorize the Director of Public Works, or his designee, to certify via the State established electronic reporting system known as CIWQS that the City of Lancaster Sewer System Management Plan is complete and ready to be implemented.

CC 16. Award Public Works Construction Project No. 08-040, Prime Desert Woodland Pavilion Phase 2, to C.S. Legacy in the amount of $145,674.00, plus a 10% contingency, for construction improvements to the Prime Desert Woodland Pavilion and authorize the City Manager, or his designee, to sign all documents.

CC 17. Award Public Works Construction Project No. 08-046, Lancaster City Hall Space Plan 2 - Phase II, to Intertex General Contractors, Inc., in the amount of $286,700.00, plus Additive Alternate Bid Item No. 1 (Electrical Wiring of Modular Furniture) in the amount of $16,689.00, to bring the award total to $303,389.00 plus a 10% contingency and authorize the City Manager, or his designee, to sign all documents. The project is for the first floor renovation of City Hall to provide work spaces that will meet the needs of departments located on the first floor; to accommodate the increased number of code enforcement staff, community service officers, and other employees; and the relocation of the Housing and Neighborhood Revitalization Department to the first floor in order to consolidate with Code and Housing Enforcement Officers.

CC 18. Reject all bids for Public Works Construction Project No. 09-001, Transportation Building Roof Replacement; authorize staff to modify the plans to reduce the scope of work to meet the available budget and re-bid the modified project.

CC 19. Approve a three-year agreement extension for Carl Warren & Company as the City’s Third Party Administrator for liability claims and authorize the City Manager to execute said agreement.

CC 20. Formally oppose Assembly Bill 333 as currently proposed and authorize the City Manager to transmit this opposition to the State Legislature.

CC 21. Accept the 2007 Allocation of Funds for the Edward Byrne Memorial Justice Assistance Grant (JAG.)

CC 22. Authorize the City Manager to enter into a one year City membership in WE TIP, Inc., a nationwide anonymous informant hotline.

CC 23. Approve renewal of Cost Reimbursement Agreements with Front Gate Plaza, LLC, and Stater Bros. Markets to assign a full-time, 40 hour-per-week deputy of the Los Angeles County Sheriff’s Department to patrol the Wal-Mart and Front Gate Plaza shopping centers located at the intersection of Avenue J and 20th Street East.

CC 24. Proposed Annexations to Lancaster Drainage Benefit Assessment District:
Annexation No. 08-10, Permit No. 08-00177, located at northwest corner of 17th Street West and Avenue K-4. Owner: John E. Rojas, a married man as his sole and separate property.
Annexation No. 08-11, Permit No. 08-00176, located at west side of 17th Street West approximately 66 feet north of Avenue K-4. Owner: Rosa M. Rojas, a married woman as her sole and separate property.
Annexation No. 08-15, Director's Review 06-124, located at 5th Street East, approximately 270 feet south of Avenue K-4. Owner: BCP Commercial Properties, LLC.
Annexation No. 08-26, Site Plan Review 07-18, located at 6th Street West and Avenue L. Owner: Toneman Properties Avenue L, LLC, a California Limited Liability Company.

A. Adopt Resolution No. 09-17, a resolution of the City Council of the City of Lancaster, California, initiating proceedings for the annexation of territories to Lancaster Drainage Benefit Assessment District to be established pursuant to the Benefit Assessment Act of 1982 and California Constitution Article XIIID (Annexation Nos. 08-10, 08-11, 08-15, and 08-26.)

B. Adopt Resolution No. 09-18, a resolution of the City Council of the City of Lancaster, California, approving the Engineer's Report and the time and place for Public Hearing, and declaring its intention to annex territories into Lancaster Drainage Benefit Assessment District and to levy and collect assessments pursuant to the Benefit Assessment Act of 1982 and California Constitution Article XIIID (Annexation Nos. 08-10, 08-11, 08-15, and 08-26.)

CC 25. Proposed Annexations to Lancaster Lighting Maintenance District:

Annexation No. 853, Permit No. 08-00177, located at northwest corner of 17th Street West and Avenue K-4. Owner: John E. Rojas, a married man as his sole and separate property.

Annexation No. 854, Permit No. 08-00176, located at west side of 17th Street West approximately 66 feet north of Avenue K-4. Owner: Rosa M. Rojas, a married woman as her sole and separate property.

Annexation No. 858, Director's Review 06-124, located at 5th Street East, approximately 270 feet south of Avenue K-4. Owner: BCP Commercial Properties, LLC.

Annexation No. 872, Site Plan Review 07-18, located at 6th Street West and Avenue L. Owner: Toneman Properties Avenue L, LLC, a California Limited Liability Company.

A. Adopt Resolution No. 09-19, a resolution of the City Council of the City of Lancaster, California, initiating proceedings for the annexation of territories into Lancaster Lighting Maintenance District, an Assessment district established pursuant to the Landscaping and Lighting Act of 1972 and California Constitution Article XIIID (Annexation Nos. 853, 854, 858, and 872.)

B. Adopt Resolution No. 09-20, a resolution of the City Council of the City of Lancaster, California, approving the Engineer's Report and the time and place for Public Hearing, and declaring its intention to annex territories into Lancaster Lighting 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 (Annexation Nos. 853, 854, 858, and 872.)

CC 26. Proposed Annexation to Lancaster Landscape Maintenance District No. 1:
Annexation No. 415, Permit No. MISC09-029, located at the southwest corner of Mall Loop Road and Double Play Way. Owner: K Partners Lancaster I LP, a Texas limited partnership.

A. Adopt Resolution No. 09-21, a resolution of the City Council of the City of Lancaster, California, initiating proceedings for the annexation of territories into Lancaster Landscape Maintenance District No. 1, an Assessment District established pursuant to the Landscaping and Lighting Act of 1972 and California Constitution Article XIIID (Annexation No. 415.)

B. Adopt Resolution No. 09-22, a resolution of the City Council of the City of Lancaster, California, approving the Engineer's Report and the time and place for Public Hearing, and declaring its intention to annex territories into Lancaster Landscape Maintenance District No. 1 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 (Annexation No. 415.)

CC 27. Adopt Resolution No. 09-27, a resolution of the City Council of the City of Lancaster, California, approving the Amended and Restated Lease Agreement in connection with the Museum, and authorizing the execution and delivery of such other documents deemed necessary to effect the purposes related thereto

PUBLIC HEARINGS

PH 1. Proposed Annexations to Lancaster Drainage Benefit Assessment District and associated assessment:

Annexation No. 08-10, Permit No. 08-00177, located at northwest corner of 17th Street West and Avenue K-4. Owner: John E. Rojas, a married man as his sole and separate property.

Annexation No. 08-11, Permit No. 08-00176, located at west side of 17th Street West approximately 66 feet north of Avenue K-4. Owner: Rosa M. Rojas, a married woman as her sole and separate property.

Annexation No. 08-15, Director's Review 06-124, located at 5th Street East, approximately 270 feet south of Avenue K-4. Owner: BCP Commercial Properties, LLC.

Annexation No. 08-26, Site Plan Review 07-18, located at 6th Street West and Avenue L. Owner: Toneman Properties Avenue L, LLC, a California Limited Liability Company.

Recommendation:

Adopt Resolution No. 09-23, a resolution of the City Council of the City of Lancaster, California, confirming the diagrams and assessments and ordering the annexation of territories into Lancaster Drainage Benefit Assessment District and levy of assessment (Annexation Nos. 08-10, 08-11, 08-15, and 08-26.)

PH 2. Proposed Annexations to Lancaster Lighting Maintenance District:

Annexation No. 853, Permit No. 08-00177, located at northwest corner of 17th Street West and Avenue K-4. Owner: John E. Rojas, a married man as his sole and separate property.

Annexation No. 854, Permit No. 08-00176, located at west side of 17th Street West approximately 66 feet north of Avenue K-4. Owner: Rosa M. Rojas, a married woman as her sole and separate property.

Annexation No. 858, Director's Review 06-124, located at 5th Street East, approximately 270 feet south of Avenue K-4. Owner: BCP Commercial Properties, LLC.

Annexation No. 872, Site Plan Review 07-18, located at 6th Street West and Avenue L. Owner: Toneman Properties Avenue L, LLC, a California Limited Liability Company.

Recommendation:

Adopt Resolution No. 09-24, a resolution of the City Council of the City of Lancaster, California, confirming the diagrams and assessments and ordering the annexation of territories into Lancaster Lighting Maintenance District (Annexation Nos. 853, 854, 858, and 872.)

PH 3. Proposed Annexations to Lancaster Landscape Maintenance District No. 1 and associated assessment:

Annexation No. 415, Permit No. MISC09-029, located at the southwest corner of Mall Loop Road and Double Play Way. Owner: K Partners Lancaster I LP, a Texas limited partnership.

Recommendation:

Adopt Resolution No. 09-25, a resolution of the City Council of the City of Lancaster, California, confirming the diagram and assessment and ordering the annexation of territory into Lancaster Landscape Maintenance District No. 1 (Annexation No. 415.)

PH 4. Newsrack Ordinance

Recommendation:

A) Introduce Ordinance No. 918, an ordinance of the City Council of the City of Lancaster, California, amending Section 12.24 of the Lancaster Municipal Code regarding newsracks.

B) Adopt Resolution No. 09-26, a resolution of the City Council of the City of Lancaster, California, rescinding Resolution No. 95-59 in its entirety and establishing newsrack permit fees.

NEW BUSINESS

NB 1. Leadership Academy – June 19-21, 2009

Recommendation:

Approve the transfer of $75,000.00 for expenses and fees associated with the presentation of a Leadership Academy to be conducted by Professor Marty Linsky of Cambridge Leadership Associates from Account No.101-4820-301 to Account No. 101-4620-301. Increase estimated revenues in account 101-3450-100 in amount of $50,000.00.

NB 2. Introduction of an Ordinance relating to the selection of the Vice Mayor

Recommendation:

Introduce Ordinance No. 922, an ordinance of the City Council of the City of Lancaster, California, amending Section 2.04.020 of the Lancaster Municipal Code relating to the selection of Vice Mayor.

COUNCIL AGENDA

CA 1. Nominate a representative to serve on the Antelope Valley Community College District’s Measure R Citizen’s Oversight Committee.

Recommendation:
Mayor Parris nominate Josh Mann as the City of Lancaster’s Representative on the Antelope Valley Community College District’s Measure R Citizen’s Oversight Committee, for Council ratification.

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. Receive a report of the proceedings and issues discussed at the March 24, 2009, regular Board of Directors meeting of the Antelope Valley Transit Authority (AVTA.)

Presenter: Vice Mayor Smith

CR 2. Receive a 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, April 28, 2009 - 6:00 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.

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