6-26-12 CC-Agency-Authority Minutes

06-26-2012 Meeting Addendum

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

Tuesday
June 26, 2012
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 22, 2012
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 Ronald D. Smith
Council Member/Agency/Authority Member Marvin Crist
Council Member/Agency/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann

Housing Authority

Chair Kitty Kit Yee Szeto
Vice Chair Ronald D. Smith
Authority Member Marvin Crist
Authority Member Cassandra Harvey
Authority Member Ken Mann

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: Crist, Johnson, Mann; Vice Mayor/Vice Chairman Smith, Mayor/Chairman Parris

ROLL CALL
Housing Authority Members: Crist, Harvey, Mann; Vice Chairman Smith; Chair Szeto

INVOCATION
Pastor Kelly Leary, Grace Evangelical Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month Award – Chance Gusbeth, Desert Christian High School
   Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of June 12, 2012.

NEW BUSINESS

HA NB 1. Lease Agreements between the Lancaster Housing Authority and Central Christian Church, Grace Chapel Church, Living Stone Cathedral of Worship Church, Antelope Valley Christian Church, Total Deliverance Church and Lancaster First Assembly Church to promote public health, public services, safe and sanitary housing pursuant to Neighborhood Revitalization Plans
HA NB 1 attachment

Recommendation:
Adopt Resolution No. HA 06-12, approving the lease agreements between the Lancaster Housing Authority and Central Christian Church, Grace Chapel Church, Living Stone Cathedral of Worship Church, Antelope Valley Christian Church, Total Deliverance Church and Lancaster First Assembly Church.

At the request of the City, a consortium of churches involved in the Neighborhood Impact program took on the challenge of trying to assist in reversing declining conditions in the primary and secondary neighborhoods. The program’s initial goal was to beautify and strengthen the neighborhood by offering local residents assistance in making improvements to the property who otherwise could not physically or financially afford the required improvements on their own.

The continuation of Neighborhood Impact’s service has been positive among residents and is consistent with the Housing Authority’s programs for neighborhood revitalization.

At this time, Central Christian Church, Grace Chapel Church, Living Stone Cathedral of Worship Church, Antelope Valley Christian Church, Total Deliverance Church, Lancaster First Assembly Church and the Lancaster Housing Authority desire to continue their relationship through a more secure “long-term” commitment. The Authority and consortium of churches each have mutual interest and benefit in supporting the continued operation of the designated home within the primary and secondary neighborhoods and now seek Authority approval to extend the term of the Agreement. All terms and conditions of the original Agreement would remain the same except for the extension of time, which will include a one (1) year extension from the date of the Authority’s approval with one-year renewals upon written consent of the Director of Housing and Neighborhood Revitalization Department.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of June 12, 2012.

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 May 27, 2012 through June 9, 2012 in the amount of $1,119,907.70.
CC 2 attachment

CC 3. Approve the Supplemental Check and Wire Registers for May 6, 2012 through May 26, 2012 in the amount of $7,920.00.
CC 3 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 for each expenditure is available in the Finance Department.

CC 4. Accept the work constructed by Bowen Engineering & Environmental for the Annex Building Demolition REBID – IB No. 1106, located at 855 Kildare Street and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 4 attachment

On January 24, 2012, Council awarded Informal Bid No. 1106, Annex Building Demolition REBID, to Bowen Engineering & Environmental. This project demolished the existing City Hall Annex Building on Kildare Street. Construction of the project has been completed to the satisfaction of the Director of Public Works.

CC 5. Approve the completed sewer systems installed by the developer of Tract No. 060154 Phase 2, Lots 1, 3, 4, 8-26, 31, 40, 44, 45, 57-81, 90-101, 105, 112, 113 located on the southeast corner of Avenue J and 30th Street East. Owner: KB Home Coastal, Inc.
CC 5 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 6. Approve and accept an amendment to the existing Subdivision Undertaking Agreement, extending the date of completion to May 26, 2013, submitted by Forestar Dorado Skies, LLC (“Subdivider”) for Tract Map No. 061206, located on the southeast corner of Avenue J and 35th Street East.
CC 6 attachment

On May 26, 2011, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 061206. The agreement expired June 12, 2012. On May 22, 2012, the City Engineer received a letter from the Subdivider requesting an extension. Staff recommends that the Council approve an Amendment to the existing Subdivision Undertaking Agreement, extending the completion date to May 26, 2013, submitted by Forestar Dorado Skies for Tract Map No. 061206.

CC 7. Approve the Cooperative Agreement with the County of Los Angeles (County) and City of Palmdale (Palmdale), to prepare the Project Study Report required by Caltrans for improvements to the Columbia Way (Avenue M) Bridge over State Route 14. Authorize the City Manager, or his designee, to sign all necessary documents.
CC 7 attachment

The Project Study Report (PSR) will address improvements to the Columbia Way (Avenue M) Bridge over State Route 14 between 10th Street West and 15th Street West. The project is within the shared geographical boundaries of the City of Lancaster (City), the County and Palmdale and is jurisdictionally shared with the California Department of Transportation (Caltrans). The PSR will develop a detailed engineering concept report, scope of proposed improvements, cost estimate, and project recommendation. The PSR is required by Caltrans and is a precursor to potential grant funding.

CC 8. Award Public Works Construction Project No. 10-020, Westwind Elementary School Pedestrian Improvements, to ANM Construction & Engineering of Lancaster, California, in the amount of $349,919.56, plus a 10% contingency and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Code Section 22038 (b).

Avenue J and 35th Street West are heavily used routes to Westwind Elementary School. Avenue J is a primary arterial street and the north side is unimproved between 35th and 36th Street West. The west side of 35th Street West, a secondary arterial, south of Avenue J is also unimproved including the portion north of Avenue J. Sidewalk, curb and gutter, street widening, storm drainage, and striping and signing improvements are proposed to improve circulation and safety for all pedestrians living near the school and traveling through this intersection.

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. 12-34, approving The BLVD Association’s 2011-2012 Year End Report and levying the annual assessment for the Downtown Lancaster Business Improvement District for the 2012-2013 Fiscal Year.

The BLVD Association, which administers the Downtown Lancaster PBID, has requested the continuation of the PBID during the upcoming fiscal year. This will allow businesses in the downtown area to continue to pool resources and coordinate efforts to promote the newly revitalized BLVD as a major regional destination for the arts, entertainment, shopping and dining. Adopting the attached resolution to renew the PBID will contribute to the City and The BLVD Association’s ongoing efforts to enhance the economic vitality of the downtown area.

PH 2. Amendment to Development Agreement No. 89-01 (Del Sur Ranch Project, 664 acres generally bounded by Avenue G, 93rd Street West, Avenue H, and 105th Street West)
PH 2 attachment

Recommendation:
Introduce Ordinance No. 979, amending various sections of Development Agreement No. 89-01 to allow for the development of commercial scale photovoltaic solar facilities with a Conditional Use Permit.

This Development Agreement has been amended several times to incorporate changes in the project description, General Plan designations, zoning, and the subdivision map. DA 89-01 and the underlying zoning do not allow for the development of solar facilities on the subject property. Currently, the Development Agreement on the subject property has an expiration date of October 17, 2018. The applicant, Del Sur Greenworks, LLC, is requesting an amendment to DA 89-01 to allow for the development of photovoltaic (PV) solar generating facilities on the subject property with a conditional use permit. The proposed amendment would change various sections of the Development Agreement to establish commercial scale solar power generating facilities as an allowable use subject to a conditional use permit without changing the existing zoning.

CONTINUED BUSINESS

CB 1. Proposed Fiscal Year 2012/13 Budget
CB 1 attachment

Recommendation:
a. Adopt Resolution No. 12-35, adopting the proposed City of Lancaster Fiscal Year 2012-13 General Fund Operating Budget, Special Funds Budget, and Capital Improvements Budget, as specified in the Budget Document, as amended in Attachment A.

b. Adopt Resolution No. 12-36, establishing the annual Appropriations Limit for Fiscal Year 2012-13.

c. Adopt Resolution No. 12-37, amending Resolution Numbers 09-72 and 10-12 establishing a compensation schedule for non-represented employees of the City and associated benefit revisions.

d. Adopt Resolution No. 12-38, Amending Fiscal Year 11-12 Budget

The City is required to adopt a budget by July 1 of each year that establishes appropriations and estimated revenues for the fiscal year. The proposed budget is a culmination of many months of work by the City Council and staff in reviewing priorities and evaluating programs to meet those priorities. A Public Hearing to review the budget was held on June 12, 2012.

NEW BUSINESS

NB 1. Development Agreement to create a site for Morton Manufacturing’s new Corporate Headquarters

Recommendation:
Authorize the City Manager or his designee to execute the necessary documents to approve a Development Agreement to create a site for Morton Manufacturing’s new Corporate Headquarters.

Morton Manufacturing, a well-established bolt manufacturing firm whose customers include the likes of Rolls Royce and General Electric, has selected the City of Lancaster as the home of its new corporate headquarters. Morton’s relocation to a 10-acre site in the Lancaster Business Park will bring a total of 300 jobs to Lancaster, including 200 existing employees and 100 new positions.

NB 2. Building Incentive Stimulus Program for 2012-2013
NB 2 attachment

Recommendation:
Adopt Resolution No. 12-39, a resolution of the City Council of the City of Lancaster, California, approving the continuation of the Building Incentive Stimulus Program for existing tracts and new commercial development. For existing tracts, 25 percent of the development impact fees will be waived, and landscaping will not be required in the back yards. For new commercial and industrial development, development impact fees will be deferred from building permit issuance to the certificate of occupancy. This program will be in effect from July 01, 2012, through December 31, 2012, in order to help stimulate the local job market, eliminate blight and attractive nuisances, increase property values, and encourage developers to continue to build in the City of Lancaster.

NB 3. Approval of the Successor Memorandum of Understanding between the City of Lancaster and Teamsters Local 911
NB 3 attachment

Recommendation:
Adopt Resolution No. 12-40, a resolution of the City Council of the City of Lancaster, CA approving the Memorandum of Understanding between the City of Lancaster and Teamsters Local 911 and authorize the City Manager to execute the MOU.

The City of Lancaster and Teamsters Local 911 agreed to participate in interest based bargaining to arrive at a successor to the Memorandum of Understanding that expired on December 31, 2011. The parties conducted seventeen meet and confer sessions. As a result of these meetings the parties arrived at a tentative agreement for a new three-year Memorandum of Understanding that will expire on December 31, 2014.

NB 4. Approval of the Successor Memorandum of Understanding between the City of Lancaster and the Lancaster Code Enforcement Association (LCEA)
NB 4 attachment

Recommendation:
Adopt Resolution No. 12-41, a resolution of the City Council of the City of Lancaster, CA approving the Memorandum of Understanding between the City of Lancaster and the Lancaster Code Enforcement Association, and authorize the City Manager to execute the MOU.

The City of Lancaster and the Lancaster Code Enforcement Association agreed to participate in interest based bargaining to arrive at a successor to the Memorandum of Understanding that expired on December 31, 2011. The parties conducted six meet and confer sessions. As a result of these meetings the parties arrived at a tentative agreement for a new three-year Memorandum of Understanding that will expire on December 31, 2014.

LANCASTER SUCCESSOR AGENCY
No action required at this time.

LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER 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 (CITY COUNCIL/SUCCESSOR AGENCY)

Conference with Legal Counsel—Initiation of Litigation (Government Code Section 54956.9(c) (One Case)

Conference with legal counsel—Existing litigation (Government Code Section 54956.9(a))

1. The Community Action League v. City of Lancaster - United States District Court Case No. 11-CV-4817-ODW-VBK
2. CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
3. Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC45017
4. Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
5. Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791
6. Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079
7. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501
8. 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, Council and Authority)
Next Regular Meeting:
Tuesday, July 10, 2012 - 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.