12-11-12 CC-Agency-Authority Minutes

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

Tuesday
December 11, 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, December 7, 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 Chair Smith, Mayor/Chair Parris

ROLL CALL

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

INVOCATION

Chaplain, Maj. Brian Clouse, Deputy Wing Chaplain Edwards AFB

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month Award - Jibraun Asaad - Quartz Hill High School
Presenter: Mayor Parris

2. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Esther Maddox
Presenter Mayor Parris

3. Lancaster School District Presentation (CARES Program)
Presenter: Lancaster School District Superintendent, Dr. Michele Bowers

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of November 13, 2012.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of November 13, 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 Register for November 2, 2012 through November 21, 2012 in the amount of $7,270,874.58.
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 October 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. Accept the interior street trees for maintenance by the City for Tract No. 53253, located on the northwest corner of Avenue M-8 and 30^th Street West. Owner: Portabella, LP.
CC 4 attachment

The interior street trees have been installed 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 5. Accept the Sanitary Sewer Collection System Annual Performance Report for Fiscal Year 2011/2012.
CC 5 attachment

The City of Lancaster assumed responsibility for the operation and maintenance of its sanitary sewer system from the County of Los Angeles Consolidated Sewer Maintenance District on July 1, 2008, believing that local control of the system was in the best interest of its residents. The production of an annual report is one of the performance measures approved by City Council in the Fiscal Year 2011/2012 Program and Financial Plan.

CC 6. Approve and accept for maintenance the work and materials for the drainage improvements installed by the developer, Portabella, LP; for Drainage Benefit Assessment District Annexation No. 04-85; located on the northwest corner of Avenue M-8 and 30^th Street West.
CC 6 attachment

The drainage improvements for this Drainage Benefit Assessment District, located on the northwest corner of Avenue M-8 and 30^th Street West, have been installed by the developer according to the approved plans and specifications. The improvements have been completed to the satisfaction of the Director of Public Works.

CC 7. Approve a Cooperative Agreement between the City of Lancaster (Lancaster) and the City of Palmdale (Palmdale) to design and construct a roundabout at the intersection of Avenue L and Challenger Way. Authorize the City Manager to execute all documents and make any non-substantive changes necessary to complete the transaction.
CC 7 attachment

This project will replace the existing traffic signal with a single lane roundabout. It is federally funded under Cycle 4 of the Highway Safety Improvement Program (HSIP). Lancaster submitted this project for grant funding with a letter of endorsement from Palmdale which has jurisdiction over the southwest quadrant of the intersection. Under the terms of the Agreement, Palmdale will contribute up to $19,200 to project costs, representing 25% of the estimated local agency participation of $76,800. The HSIP grant funds were awarded in the amount of $690,300.

CC 8. Approve the creation of Phase 1 and Phase 2 of Tract Map No. 061206; accept the Subdivision Undertaking Agreement and securities submitted by KB HOME Coastal Inc. (KB HOME) for Phase 1; approve substitution of the Subdivision Undertaking Agreements and securities submitted by Forestar Dorado Skies, L.L.C. (Forestar) for Phase 2 and approve the revised Maintenance Agreement with Forestar.
CC 8 attachment

Accepting the Subdivision Undertaking Agreement submitted by KB HOME shall relieve Forestar of the responsibility of completing the required improvements for Phase 1 and make them the responsibility of KB HOME. KB HOME has submitted a Subdivision Undertaking Agreement and will submit securities in accordance with City policy. Forestar has requested that the City allow the substitution of the May 26, 2009, Subdivision Undertaking Agreement and securities, and has submitted a new Subdivision Undertaking Agreement and securities for Phase 2 in accordance with City policy.

CC 9. Award Public Works Construction Project No. 12-007, PM 72015 Infrastructure Improvements, to Toro Enterprises, Inc. of Oxnard, California, in the amount of $1,160,208.24, plus Additive Alternate No. 1 in the amount of $62,756.16, to bring the total award to $1,222,964.40 plus a 20% 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).

The project involves installation and construction of offsite infrastructure including street, sewer, drainage, water, landscaping and irrigation improvements, as well as the extension of dry utilities including gas, cable, electric, and telephone to provide service to property subdivided by the City of Lancaster under Parcel Map 72015.

CC 10. Approve the appropriation of $136,000 in grant funds from the Los Angeles County Metropolitan Transportation Authority to Revenue Account No. 327-3300-100, and corresponding Expense Account No's: 327-4520-101 through 137 for staff time and Account No. 327-4520-301 for consultant work.

On March 27, 2012, the City Council authorized staff to apply for a grant from LACMTA under the 2012 Transit-Oriented Development Grant Program. On October 9, 2012, the City of Lancaster was awarded $136,000 in grant funds from the Los Angeles County Metropolitan Transportation Authority for a one-time grant of Measure R funds. Funds are received on a reimbursement basis; staff recommends that the City Council appropriate the grant funds and authorize staff to expend the funds according to the grant agreement requirements.

CC 11. Adopt Resolution No. 12-71, approving the application for Grant Funds from the Recreational Trails Programs for the following project: The Woodlands Trail.
CC 11 attachment

The Planning Department, in cooperation with the Department of Parks, Recreation and Arts, and the Department of Public Works, is interested in submitting a grant application to the California Department of Parks and Recreation (Office of Grants and Local Services) under the "Recreational Trails Program" Moving Ahead for Progress in the 21^st Century Act (MAP-21) for the construction of a 1± mile pedestrian trail from the Trend Community Garden located on 37^th Street West just north of Avenue K-10 to Rawley Duntley Park located at 3334 West Avenue K. This trail is part of the overall Master Plan of Trails and Bikeways adopted by the City Council in January 2012.

CC 12. Authorize the retention of RBF Consulting for the preparation of an Environmental Impact Report for the Del Sur Greenworks Solar project and related development applications on approximately 1,287 acres generally bounded by Avenue H, Avenue F, 95^th Street West and 110^th Street West.

Silverado Power, LLC has filed a Conditional Use Permit (CUP 12-15) for the development of 330 megawatts (MW) of photovoltaic solar power on approximately 1,052 acres. Potential future phases of solar development would bring the total acreage to 1,287 acres. Due to the size of the proposed project, the preparation of an Environmental Impact Report (EIR) is required as part of the approval process.

CC 13. Approve a loan of $25,000 to Barone's under the Spice Up Lancaster Loan Program to open a new location in Lancaster and authorize the City Manager or his designee to execute all loan documents.

The Lancaster City Council approved the Spice Up Lancaster Loan Program on November 13, 2012 in an effort to fill existing commercial vacancies, assist small local businesses and build the City's sales tax revenue base. This is the first loan to go before the Council for approval through this program. Barone's is precisely the type of restaurant the Spice Up Lancaster Loan Program aims to benefit. As a longstanding fixture of the community with ownership comprised entirely of Antelope Valley residents, Barone's has invested a great deal in creating jobs and a successful business in the City of Lancaster. In addition, this small local business acts as an excellent corporate citizen, supporting such charitable organizations as the United Way and other local charities.

CC 14. Nominate and appoint Tiffany Johnson, Miss Lancaster, to the 2012-2013 Lancaster Youth Commission.

Miss Johnson was recommended for the Youth Commission by Sandy Smith, Antelope Valley Fair Association Board member. As a liaison to the Antelope Valley community queens, Ms. Smith believes that the person serving as Miss Lancaster each year should also be a member of the Youth Commission. Ms. Smith has had the opportunity to work extensively with Miss Johnson and believes that her strong leadership qualities and dedication to the community would make her an outstanding addition to the City of Lancaster's Youth 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.

CC 15. Adopt Resolution No. 12-75, electing to receive payments pursuant to Health and Safety Code Section 33607.5 (b) for Residential, Central Business District, Fox Field, Amargosa, Area. No. 5, Area No. 6, and Area No. 7 Redevelopment Project Areas.
CC 15 attachment

The City Council approved amendments to the seven redevelopment project area plans via several ordinances. These amendments triggered the AB 1290 pass-through payment requirement. The City has the option to elect to receive its share of the twenty-five percent (25%) tax increment payments; passage of this ordinance will enable the City to receive these payments each year.

PUBLIC HEARING

PH 1. Proposed Walmart Project at the Northwest Corner of 60^th Street West and Avenue L
PH 1 attachment a
PH 1 attachment b

Recommendations:

A. Adopt Resolution No. 12-72, certifying the Final Environmental Impact Report with the Addendum and necessary environmental findings, Statement of Overriding Considerations and Mitigation Monitoring Program; and amending the General Plan land use designation on the subject property from UR (Urban Residential, 2.1 to 6.5 dwelling units per acre) to C (Commercial).

B. Introduce Ordinance No. 984, rezoning the subject property from 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 CPD (Commercial Planned Development).

C. Adopt Resolution No. 12-73, approving Conditional Use Permit No. 06-09 to construct a 344,752 square-foot commercial shopping center including a 196,028 square-foot Walmart (excluding the garden center) with incidental off-sale of alcoholic beverages.

D. Adopt Resolution No. 12-74, approving Tentative Parcel Map No. 68150 to create 8 parcels on the project site ranging in size from 0.68 acres to 19.99 acres in the CPD zone.

The General Plan Amendment, Zone Change, Conditional Use Permit and Tentative Parcel Map requests were originally filed on October 16, 2006. On June 14, 2007, the City issued a Notice of Preparation for the preparation of an environmental impact report (EIR) for the proposed project. The Draft Environmental Impact Report for The Commons at Quartz Hill was circulated for a 45-day public review between January 9, 2009, and February 23, 2009. Comments received during this review period were responded to as part of the Final EIR. On July 7 and 8, 2009, the Planning Commission held a public hearing on this project and after considering all testimony, certified the Final EIR, recommended to the City Council approval of GPA 06-04 and ZC 06-04, and approved CUP 06-09 and TPM 68150. The City Council subsequently called up for its review all of these actions in accordance with Section 2.44.010 of the Lancaster Municipal Code.

The City Council held a public hearing on this project on July 21 and 22, 2009. Following this hearing, the Council voted to certify the Final EIR, adopt required environmental findings under California Environmental Quality Act (CEQA), and approved all of the related actions. Opponents of the project ("Quartz Hill Cares") subsequently challenged the adequacy of the Final EIR, along with other related procedural issues, in court.

The Los Angeles County Superior Court denied the challenge and opponents filed an appeal to the State of California Court of Appeal. This court denied all of the opponents' arguments with the exception of the City's rejection of the "Reduced Density Alternative", finding on this one point that there was not sufficient evidence in the record to support the finding that this alternative was not economically viable and requiring the EIR be rescinded. The Court found all other actions of the City and findings made in relation to CEQA and the approvals related to the project to be legally adequate.

CONTINUED BUSINESS

CB 1. Lancaster Tourism Business Improvement District (LTBID)
CB 1 attachment

Recommendation:

Declare the Council's intention to continue the formation process to establish the Lancaster Tourism Business Improvement District (LTBID) and receive public comment.

The City of Lancaster has been working in conjunction with Destination Lancaster and local hotels to establish a new Lancaster Business Tourism Improvement District (LTBID). On November 13^th the City Council approved a Resolution of Intent which was the first step of the LTBID formation process. This action acknowledged that the City received the necessary number of signed petitions from the hotels expressing their desire to establish the LTBID. It also established the dates for a public meeting on December 11, 2012 and for a public hearing on January 8, 2013.

NEW BUSINESS

NB 1. Proposed Ordinance regarding liability of property owners for dog bites
NB 1 attachment

Recommendation:

Introduce Ordinance No. 985, an ordinance of the City of Lancaster, California, adding section 6.04.050 to Chapter 6.04 of the Lancaster Municipal Code relating to landlord liability for dog bites.

Earlier this year, the Mayor directed the Lancaster Neighborhood Vitalization Commission ("LNVC") to address concerns about the lack of accountability landlords have when it comes to vicious or potentially dangerous dogs residing on their property. Making irresponsible landlords accountable for their tenant's vicious and potentially dangerous dogs, will further the effort to make our neighborhoods safer. Currently, pet owners are responsible for the behavior, care and security of their pets. Existing law also states that a landlord is only responsible for the safety of invitees on its property when it has actual knowledge of a potentially dangerous or vicious dog at the property. The proposed ordinance was drafted by the City Attorney as a result of a LNVC subcommittee meeting and provides steps that the City can take in holding landlords liable for any dog bite that takes place on their property.

COUNCIL AGENDA

CA 1. Approve thenomination and appointment of Council Member Marvin Crist as Vice Mayor/Vice Chair
Presenter: Mayor Parris

CA 2. Approve the nomination and appointment of Cassandra Harvey as a Deputy Mayor for the City of Lancaster
Presenter: Mayor Parris

CA 3. Rescind Resolution No. 10-54 which proclaimed the City of Lancaster a "Rule of Law City"
Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for District No. 14 of the County Sanitation Districts of Los Angeles County - November 15, 2012 meeting
Presenter: Council Member Mann

CR 2. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenters: Council Member Crist and Council Member Mann

LANCASTER FINANCING AUTHORITY

No action required at this time.

LANCASTER POWER AUTHORITY

No action required at this time.

LANCASTER SUCCESSOR AGENCY

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-Anticipated Litigation Initiated Pursuant to Government Code 54956.9(c) (One Case)

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)

• 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

Pursuant to action taken by the City Council/Successor Agency/Financing, Housing & Power Authority on August 28, 2012, there will not be a City Council/Successor Agency/Financing, Housing & Power Authority meeting on Tuesday, December 25, 2012.

Next Regular Meeting:

Tuesday, January 8, 2013 - 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.