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

Tuesday
October 23, 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, October 19, 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 Darmie Sule Odu, Redeemed Christian Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Government Finance Officers Association (GFOA) Award - Achievement for Excellence in Financial Reporting

Presenter: Barbara Boswell, Finance Director

2. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Mario Cesar Vasquez Zuniga

Presenter: Mayor Parris

3. Athlete of the Month Award -Cameron French, JR. - Antelope Valley High School

Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of October 9, 2012.

CONSENT CALENDAR

HA CC 1. Increase Lancaster Housing Authority budget line 306-4542822, Property Preservation (Non-Bond), by $250,000.00 for FY 12/13.

In August, the Department of Finance objected to Lancaster's Low-Moderate Income Housing Fund Asset Transfer Report, placing the sale of former Lancaster Redevelopment Agency-owned properties on hold until a Meet and Confer process is completed. This action has resulted in properties acquired under the former LRA Neighborhood Foreclosure Preservation Program to be held longer than expected.

As such, the cost to maintain and repair these vacant homes has been greater than previously anticipated. Additional funds are needed to cover costs until these homes can ultimately be sold to qualified buyers

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of October 9, 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 September 23, 2012 through October 8, 2012 in the amount of $3,674,999.23.
CC 2 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 information for each expenditure is available in the Finance Department.

CC 3. Accept and approve the September 2012, Monthly Report of Investments as submitted.
CC 3 attachment

Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City's Comprehensive Annual Financial Report. These component units include: the City of Lancaster and the Lancaster Housing Authority.

CC 4. Appropriate $480,000.00 in Underground Storage Tank grant funds to Account No. 349-4542771, and increase estimated revenues in the amount of $480,000.00 in Account No. 349-3301101.

On December 13, 2005, the Lancaster Redevelopment Agency Board Members directed staff to acquire property located at 610 West Avenue I in order to construct affordable housing and undertake actions necessary to implement and complete the approved North Downtown Transit Village (NDTV).

Upon acquisition of the property located at 610 West Avenue I, the Agency assumed a claim for reimbursement of costs related to cleanup activities that have been in progress at this site since 1997 due to the removal of underground storage tanks used when Everest Economy Gas Station was located at the site. The Agency is eligible for reimbursement from the Underground Storage Tank Cleanup Fund established by the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 up to a maximum amount of $1,500,000.00.

NEW BUSINESS

NB 1. Nominate and appoint Xi Mu Wang, Rachel Wyckoff, Joshua Kay, Anna Tierney, Carley Quellman, Aimee Elder and Alex Conrado to the 2012-2013 Lancaster Youth Commission and direct the City Clerk to administer the Oath of Office to the new Commission.

The Lancaster Youth Commission was created by the City Council in January of 1992 to provide a forum for the young people of Lancaster to give input regarding the needs and concerns of the youth of this community. Youth Commissioners are nominated by the different high schools in the Lancaster area. These schools are: Antelope Valley Christian, Antelope Valley, Desert Christian, Eastside, Lancaster, Lancaster Baptist, Paraclete, Quartz Hill and SOAR High School. The Commission currently meets once a month from the start of the school year until the end of May.

PUBLIC HEARINGS

PH 1. Appeal of Planning Commission Approval of Conditional Use Permit No. 11-07 (A Conditional Use Permit for the Construction of a 10 megawatt (MW) photovoltaic solar electric generating facility at the southeast corner of 110^th Street West and Avenue J)
PH 1 attachment

Recommendation:

Adopt Resolution No. 12-64, upholding the Planning Commission decision by denying the appeal for Conditional Use Permit No. 11-07, a request to construct a 10-megawatt (MW) photovoltaic solar electric generating facility in the Rural Residential 2.5 (RR-2.5) Zone.

On September 17, 2012, the Planning Commission adopted Resolution No. 12-14 approving Conditional Use Permit No. 11-07 for the development of a 10-megawatt (MW) photovoltaic solar electric generating facility on 40 acres at the southeast corner of Avenue J and 110^th Street West. On October 1, 2012, Citizens for Rural Open Space (CROS) filed an appeal to the Planning Commission's decision.

Citizens for Rural Open Space stated that the grounds for the appeal were "Inadequate MND, including but not limited to insufficient assessment of habitat and special status species and failure to provide adequate cumulative impact analysis. An EIR is necessary." As part of the processing of the CUP application, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the project, including the preparation of a biological report by a qualified biologist. A cumulative analysis was done as part of the IS/MND, and it was determined that the project would not have a cumulatively considerable impact, and, therefore, cumulative impacts would be less than significant. The preparation of an Environmental Impact Report (EIR) is only required when a project would have significant impacts. Staff does not believe that the impacts associated with this project (project specific or cumulative) reach the level necessary for the preparation of an EIR.

PH 2. Development Agreement No. 89-01, General Plan Amendment No. 12-02, Zone Change No. 12-02, Conditional Use Permit No. 12-08, Conditional Use Permit No. 12-09, a total of 293± acres, as follows:
PH 2 attachment

Site 1: A 20-MW photovoltaic solar generating facility on 135 acres generally bounded by Avenue G, Avenue H, 90^th Street West, and 95 ^th Street West (Development Agreement No. 89-01, General Plan Amendment No. 12-02, Zone Change No. 12-02, and Conditional Use Permit No. 12-08)

Site 2: A 40-MW photovoltaic solar generating facility on 158 acres at the southwest corner of Avenue H and 100^th Street West (Development Agreement No. 89-01, General Plan Amendment No. 12-02, Zone Change No. 12-02, and Conditional Use Permit No. 12-09)

Recommendations:

a. Adopt Resolution No. 12-65, amending the General Plan land use designation on the subject properties, known as General Plan Amendment 12-02, from UR (Urban Residential, 2.1 to 6.5 dwelling units per acre) to NU (Non-Urban Residential).

b. Introduce Ordinance No. 983, rezoning the subject properties, known as Zone Change 12-02, from a combination of R-7,000 (single family residential, one dwelling unit per 7,000 square feet) and R-10,000 (single family residential, one dwelling unit per 10,000 square feet) to RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres).

c. Adopt Resolution No. 12-66, upholding the Planning Commission decision by denying the appeal for Conditional Use Permit No. 12-08 and Conditional Use Permit No. 12-09, a request to construct a 20 megawatt (MW) and a 40 MW photovoltaic solar electric generating facility, respectively, in the Rural Residential 2.5 (RR-2.5) Zone.

Note: No action is required on Development Agreement No. 89-01, as the subject agreement on these properties expired on October 17, 2012.

Silverado Power, LLC, filed two conditional use permits (CUP) applications for the construction and operation of photovoltaic (PV) solar electric energy generating facilities in a Rural Residential Zone. Associated with the CUP applications was a request to rescind the Development Agreement No. 89-01 on the subject properties, general plan amendment request and a zone change request. These proposed projects would generate 20 MW of electricity on Site 1, and 40 MW of electricity on Site 2.

On September 17, 2012, the Planning Commission adopted the following resolutions: Resolution No. 12-19 recommending that the City Council rescind Development Agreement No. 89-01 on the subject properties; Resolution No. 12-20 recommending to the City Council approval of General Plan Amendment No. 12-02, Resolution No. 12-21 recommending to the City Council approval of Zone Change No. 12-02, and Resolution Nos. 12-22 and 12-23 approving Conditional Use Permit Nos. 12-08 and 12-09, respectively. The CUP approvals do not become valid until the effective date of the general plan amendment and zone change. On September 24, 2012, Lozeau Drury LLP filed an appeal of the Planning Commission decisions on behalf of the Laborers International Union of North American, Local Union No. 300.

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority

Presenters: Council Member Crist and Council Member Mann

COUNCIL AGENDA

CA 1. Signage along Lancaster Boulevard

Discussion and possible action regarding sidewalk signage along Lancaster Boulevard

Presenter: Mayor Parris

CA 2. Change to City Council Meeting Time

Discussion and possible action to change the City Council meetings to 6:00 PM

Presenter: Mayor Parris

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

Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(a)

• Palmdale v. Lancaster - Case Number BC443280

• Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649

• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC488907

• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)

• Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791

• Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079

• Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501

• 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
Next Regular Meeting:
Tuesday, November 13, 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.