6-28-11 CC-LRA-FA Minutes

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

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

Tuesday
June 28, 2011
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, June 23, 2011
at the entrance to the Lancaster City Hall Council Chambers.

CALL TO ORDER

ROLL CALL
Council Members/Agency Directors/Authority Members: Crist, Mann, Marquez; Vice Mayor/Vice Chairman Smith; Mayor/Chairman Parris

INVOCATION
Lancaster Baptist Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

• Athlete of the Month - Emily Ottinger - Quartz Hill High School

Presenter: Mayor Parris

• Recognition of Jason Manning for heroics in public safety

Presenter: Mayor Parris

• American Planning Association Award

Presenter: Brian Ludicke, Planning Director

• Unveiling of City Poster

Presenter: Council Member Marquez

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.

Consent Calendar items under the Redevelopment Agency and the City Council may be acted upon with one motion, a second and the vote. 

AGENCY ACTIONS

CONSENT CALENDAR

RCC 1. Adopt Resolution No. 10-11, approving and adopting a Fund Balance Policy and authorizing the City Manager and/or Finance Director to assign fund balance to a specific purpose in relation to this Fund Balance Policy.
RCC 1 attachment

NEW BUSINESS

RNB 1. Selection of Grace Resources Incorporated to operate the Lancaster Community Shelter

Recommendation:
Select Grace Resources Incorporated to operate the Lancaster Community Shelter and Approve the Lease Agreement and Operational Agreement between the Lancaster Redevelopment Agency and Grace Resources Incorporated.

RNB 2. Support California Redevelopment Association’s Legal Battle to Protect Redevelopment.

Recommendation:
Appropriate $15,000 to pay a proportionate share of the California Redevelopment Association’s attorney fees in the legal battle to save redevelopment and protect local redevelopment funds from being unconstitutionally seized by the State of California.  Authorize staff to adjust this amount up to $20,000 if needed.

POWER AUTHORITY ACTIONS

NEW BUSINESS

PA NB 1. Amended and Restated Memorandum of Understanding (MOU) with US Topco Energy, Inc.
PA NB 1 attachment

Recommendation:
Approve and authorize the Executive Director to execute an Amended and Restated Memorandum of Understanding (MOU) with US Topco Energy, Inc. for the development of solar generating facilities.

PA NB 2. Master Solar Power Purchase and Sale Agreement between Lancaster Power Authority with US Topco Energy, Inc to develop photovoltaic solar generation facilities.
PA NB 2 attachment

Recommendation:
Approve and authorize the Executive Director to execute the Master Solar Power Purchase and Sale Agreement with US Topco, energy, Inc. to develop photovoltaic solar generation facilities on various City owned properties to be identified.  

MINUTES

M 1. Approve the City Council/Redevelopment Agency/Financing Authority Regular Meeting minutes of June 14, 2011.

COUNCIL ACTIONS

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 June 1, 2011 through June 10, 2011 in the amount of $877,018.97.
CC 2 attachment

CC 3. Adopt Ordinance No. 965, an ordinance of the City Council of the City of Lancaster, California, adding Chapter 5.54 to the Lancaster Municipal Code relating to Horse Drawn Vehicles.
CC 3 attachment

CC 4. Adopt Ordinance No. 966, an ordinance of the City Council of the City of Lancaster, California, adding Chapter 5.52 to the Lancaster Municipal Code relating to Street Performers.
CC 4 attachment

CC 5. Authorize the retention of AECOM Technical Services, Inc. for the preparation of an Environmental Impact Report for the Lancaster Highlands Specific Plan and related development applications generally bounded by Avenue L, Avenue M, 80th Street West, and 110th Street West.
CC 5 attachment

CC 6. Adopt Resolution No. 11-34, authorizing the City Manager to apply for an Urban Greening Planning Grant from the State of California, Strategic Growth Council for the Downtown/Transit Village area, and authorizing the City Manager or his designee to execute all documents relative to the grant.
CC 6 attachment

CC 7. Approve the monumentation work for Tract No. 53297, located at southwest corner of 20th Street East and Avenue K, Owner:  K Hovnanian Forecast Homes., Inc.
CC 7 attachment

CC 8. Adopt Resolution No. 11-35, approving and adopting a Fund Balance Policy and authorizing the City Manager and/or Finance Director to assign fund balance to a specific purpose in relation to this Fund Balance Policy.
CC 8 attachment

CC 9. Adopt Resolution No. 11-46, authorizing the City Manager to apply for a Statewide Park Program Grant from the State of California, Department of Parks and Recreation, Office of Grants and Local Services for the Amargosa Creek Trail and authorizing the City Manager or his designee to execute all documents relative to the grant.
CC 9 attachment

PUBLIC HEARINGS 

PH 1. Annual Assessment of the Parking and Business Improvement District (PBID) Levy in The BLVD Association Boundary
PH 1 attachment

Recommendation:
Adopt Resolution No. 11-36, approving The BLVD Association’s 2010-2011 Year End Report and levying the annual assessment for the Downtown Lancaster Business Improvement District for the 2011-2012 Fiscal Year. 

PH 2.  Appeal--Planning Commission Revocation of Conditional Use Permit No. 08-08 and City Manager Revocation of Business License (Bamboo Restaurant, 1009 West Avenue I)
PH 2 attachment

Recommendation:
Adopt Resolution No. 11-37, revoking Conditional Use Permit No. 08-08 and the business license for Bamboo Restaurant.

JOINT CONTINUED BUSINESS

JCB 1. Proposed Fiscal Year 2011/2012 Redevelopment Agency/City of Lancaster Budget
JCB 1 attachment

Redevelopment Agency Recommendations:

• Adopt Resolution No. 12-11, adopting the proposed Lancaster Redevelopment Agency Fiscal Year 2011-12 budget as submitted.

• Adopt Resolution No. 13-11, finding that the acquisition of property or construction of various improvements as approved pursuant to the adoption of the Fiscal Year 2011-12 Budget will be of benefit to the Redevelopment Project.

• Adopt Resolution No. 14-11, 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 revolving fund of the Lancaster Redevelopment Agency pursuant to the implementation of the fiscal year 2011-12 budget.

• Adopt Resolution No. 15-11, 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 revolving fund of the Lancaster Redevelopment Agency pursuant to the year end adjustment of the fiscal year 2010-2011 budget.

City Council Recommendations:

• Adopt Resolution No. 11-38, adopting the proposed City of Lancaster Fiscal Year 2011-12 General Fund Operating Budget, Special Funds Budget, and Capital Improvements Budget, as specified in the Staff Report and Budget Document, as amended in Attachment A.

• Adopt Resolution No. 11-39, finding that the acquisition of property or construction of various improvements as approved pursuant to the adoption of the Fiscal Year 2011-12 Budget will be of benefit to the Redevelopment Project.

• Adopt Resolution No. 11-40, establishing the annual Appropriations Limit for Fiscal Year 2011-12.

• Adopt Resolution No. 11-41, amending Resolution No. 10-47 establishing a compensation schedule for various classifications of employees of the City.

• Adopt Resolution No. 11-42, amending Resolution No. 09-91 establishing the citywide fee schedule related to cost of services.

• Adopt Resolution No. 11-43, 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 revolving fund of the Lancaster Redevelopment Agency pursuant to the implementation of the fiscal year 2011-2012 budget.

• Adopt Resolution No. 11-44, amending Fiscal Year 10-11 Budget

• Adopt Resolution No. 11-48, 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 revolving fund of the Lancaster Redevelopment Agency pursuant to the year end adjustment of the fiscal year 2010-2011 budget.

JOINT NEW BUSINESS

JNB 1. Amendment to the Joint Powers Agreement between the City, the Lancaster Redevelopment Agency and the Lancaster Housing Authority
JNB 1 attachment

Redevelopment Agency Recommendation:
Adopt Resolution No. 11-11, a Resolution of the Lancaster Redevelopment Agency approving the first amendment to the joint powers agreement between the City, the Lancaster Redevelopment Agency, and the Lancaster Housing Authority and authorize the Executive Director to take such further actions as necessary to implement this action.

Housing Authority Recommendation:
Adopt Resolution No. HA 01-11, a Resolution of the Lancaster Housing Authority approving the first amendment to the joint powers agreement between the City, the Lancaster Redevelopment Agency, and the Lancaster Housing Authority and authorize the Executive Director to take such further actions as necessary to implement this action.

City Council Recommendation:
Adopt Resolution No. 11-45, a Resolution of the City Council of the City of Lancaster approving the first amendment to the joint powers agreement between the City, the Lancaster Redevelopment Agency, and the Lancaster Housing Authority and authorize the City Manager to take such further actions as necessary to implement this action.

NEW BUSINESS

NB 1. Filling Council Vacancies
NB 1 attachment

Recommendation:
Introduce Ordinance No. 967 (the “Ordinance”), amending section 2.04.040 of the Lancaster Municipal Code relating to filling vacancies on the City Council or in the office of the Mayor.

NB 2. Extension of the Building Incentive Stimulus Program
NB 2 attachment

Recommendation:
Adopt Resolution No. 11-47, approving a 30-day extension of the Building Incentive Stimulus Program from July 1, 2011, through July 31, 2011, in order to continue to help stimulate the local job market and encourage developers to continue to build in the City of Lancaster as the City develops a new program focused on incentives to complete abandoned tracts. 

COUNCIL AGENDA

CA 1.

• Discuss and consider appointing Vice Mayor Smith and Council Member Mann as the second and third alternates to the Antelope Valley Air Quality Management District Board and the Antelope Valley Transit Authority Board.

• Discuss and consider appointing alternates to the various Committees/Boards
  CA 1B

Presenter:  Council Member Marquez

COUNCIL REPORTS

CR 1. Report on the activities of the Board of Directors for the Antelope Valley Transit Authority
Presenter: Council Member Crist

LANCASTER FINANCING AUTHORITY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENT

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/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 / AGENCY COMMENTS

CLOSED SESSION

• CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

(Government Code Section 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

• CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

Government Code Section 54956.9(a)
The Community Action League v. City of Lancaster - United States District Court Case No. CV 11 04817 ODW VBKx

ADJOURNMENT (Agency, Council and Authority)
In memory of Angela Volta
Next Regular Meeting:
Tuesday, July 12, 2011 - 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.