3-12-13 CC-Agency-Authority Minutes.pdf

3-12-13 Housing Authority Minutes

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

Tuesday
March 12, 2013
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, March 8, 2013
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 Marvin Crist
Council Member/Agency/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann
Council Member/Agency/Authority Member Ronald D. Smith

Housing Authority

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

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

ROLL CALL

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

INVOCATION

Pastor Ryan Parish, New Hope Community Church

PLEDGE OF ALLEGIANCE

Desert Christian Middle School Leadership

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of February 26, 2013.

NEW BUSINESS

NB 1. Receive update on Housing Asset Transfer

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of February 26, 2013.

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 February 10, 2013 through February 23, 2013 in the amount of $2,410,697.23.
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 Automated Clearing House (ACH) payments 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. Adopt Ordinance No. 987, an ordinance of the City Council of the City of Lancaster, California, amending the City Zoning Plan for 20± acres located at the southwest corner of Lancaster Boulevard and 40^th Street East known as Zone Change No. 12-03.
CC 3 attachment

The property on the east side of 40^th Street East is designated as NU (Non-Urban Residential) and RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres). The City's zoning code does not permit the development of commercial-style solar energy facilities under the current R-7,000; therefore, amendment of the General Plan land use designation to non-urban and rezoning of the site is to RR-2.5 is necessary to allow the project to move forward.

CC 4. Accept the work constructed by C. A. Rasmussen, Inc. for Public Works Construction Project No. 11- 010, Citywide Traffic Calming, HSIPL-5419(029), 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 July 24, 2012, Council awarded Public Works Construction Project No. 11-010, Citywide Traffic Calming, HSIPL-5419(029), to C. A. Rasmussen, Inc. This federally funded project installed speed humps in residential neighborhood streets citywide and implemented road diet and added bike lanes on Valley Central Way from Avenue J to Lancaster Boulevard and on 25^th Street West from Avenue J to Lancaster Boulevard. Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on January 9, 2013, which was within the time permitted in the contract.

CC 5. Accept the work constructed by C. A. Rasmussen, Inc. for Public Works Construction Project No. 12-002, 2012 Pavement Management Program 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 5 attachment

On May 22, 2012, Council awarded Public Works Construction Project No. 12-002, 2012 Pavement Management Program, to C. A. Rasmussen, Inc. This project repaired and resurfaced Avenue I, between Beech Avenue and Division Street, and between 20^th Street East and 30^th Street East, and on Division Street, between Avenue K-4 and Avenue L with a new asphalt concrete pavement surface and new curbs and gutter improvements. New traffic striping was installed that will allow for the construction of new bike lanes conforming to the recently adopted Master Plan of Trails and Bikeways. Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on November 1, 2012, which was within the time permitted in the contract.

CC 6. Approve and accept for maintenance the work and materials for the in-tract drainage improvements installed by the developer, KB HOME Coastal Inc., for Drainage Benefit Assessment District Annexation No. 06-23, Tract No. 061206 Phase 1, located on Emerald Lane between 35^th Street East and 37 ^th Street East.
CC 6 attachment

The in-tract drainage improvements associated with Tract No. 061206 Phase 1, for this Drainage Benefit Assessment District, located on Emerald Lane between 35^th Street East and 37^th Street East, have been completed by the developer according to the approved plans and specifications. This portion of in-tract improvements have been completed to the satisfaction of the Director of Public Works.

CC 7. Approve the completed water system installed by the developer for Tract No. 060614, located on the southwest corner of Avenue K-4 and 20^th Street East. Owner: KB HOME Coastal, Inc.
CC 7 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, and is constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Director of Public Works.

CC 8. Award Contract for RFP No. 564-13, "Citywide Copier Replacement", to American Business Machines, a local Antelope Valley business, for an estimated total of $596,563 and authorize the City Manager, or his designee, to sign all documents. This contract is awarded in accordance with City of Lancaster Municipal Code Chapter 3.32.
CC 8 attachment

The City's primary copier lease is set to expire in July 2013. In addition, the City has other copiers and wide format printers that are at the end of their useful life and are eligible for upgrade. Based on input from departments and analysis of copier usage reports, purchasing staff developed a list of replacement equipment and requested proposals from several vendors. Purchasing requested that each vendor supply pricing and terms based on existing cooperative agreements or existing contracts with piggyback clauses. The use of these purchasing vehicles allows the City to leverage off high volume contracts, all of which have been competitively bid by a larger public agency or group of agencies. Staff received six proposals on January 16th. An evaluation committee ranked the finalists based on several criteria, including pricing, responsiveness, after sales service references, device functionality, and the ability to support the City with local technicians and a local parts warehouse. American Business Machines, a local Antelope Valley business, ranked highest overall. Therefore, staff recommends awarding American Business Machines a contract for lease and maintenance of copiers in the estimated amount of $596,563.

CC 9. Adopt Resolution No. 13-10, authorizing the City Manager, or his designee, to apply for all funds available to the City of Lancaster, from the Los Angeles County Metropolitan Transportation Authority, allocated for street and road improvements for the Fiscal Year 2012-2013 in the amount of $3,689,316.
CC 9 attachment

Annually, the Los Angeles County Metropolitan Transportation Authority allocates Transportation Development Act (TDA) Article 8 funds to fund unmet transit needs in areas outside the Metro service area. The application and acceptance of Article 8 funds will be used to fund/supplement funding for the following Capital Improvement Projects and Operations & Maintenance Costs, during Fiscal Year 2012-2013: Downtown Wayfinding Signs, 2009 Pavement Management Program, 2010 Pavement Management Program, 2011 Pavement Management Program, 2012 Pavement Management Program, Downtown Parking Strategy Study, Corridors Project, Avenue I & Highway 14 Intersection, Avenue J Median Improvements 20^th Street East to Challenger Way, K-15 Business Park Improvement.

NEW BUSINESS

NB 1. Approve loan for Domingo's Mexican & Seafood Restaurant under the Spice Up Lancaster Loan Program

Recommendation:

Approve a loan of $25,000 to Domingo's Mexican & Seafood Restaurant 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 Nov. 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 second loan to go before the Council for approval through this program. Domingo Gutierrez, founder of Domingo's Mexican & Seafood Restaurant, began working in the restaurant industry in 1978 at just 15 years of age. In 1988, he opened the first Domingo's location in Leona Valley, which he later sold to his brother. Domingo went on to open locations in Boron, Tehachapi, and Hesperia. He currently owns and operates the Boron location. Having been born and raised in Lancaster, Mr. Gutierrez is looking forward to returning to his hometown and building his business here.

NB 2. Amendment to Chapter 9.44 of the Lancaster Municipal Code relating to registered sex offenders
NB 2 attachment

Recommendation:

Introduce Ordinance No. 988, amending Chapter 9.44 of the Lancaster Municipal Code relating to registered sex offenders.

The City Attorney's Office was previously requested by the Criminal Justice Commission to draft an ordinance based upon Jessica's Law in order to restrict and regulate the places that a registered sex offender may reside and frequent. That ordinance was adopted by the City Council on September 11, 2012, as Ordinance No. 981, which added Chapter 9.44 to the Lancaster Municipal Code (entitled "Regulation of Registered Sex Offenders") and imposed restrictions and regulations upon registered sex offenders in addition to those imposed under state law. While Ordinance No. 981 was intended to supplement, not to conflict with, existing state law by imposing more stringent restrictions on the locations where registered sex offenders may reside and by imposing restrictions on the locations that registered sex offenders may frequent, issues were recently raised concerning the constitutionality of certain aspects of Ordinance No. 981. To address such issues, and to avoid the cost of potential litigation, the Ordinance repeals and replaces the current version of Chapter 9.44 of the Lancaster Municipal Code (which was added by Ordinance No. 981). The new version of Chapter 9.44 as set forth in the Ordinance is limited to activity related to Halloween. Specifically, it provides that "[o]n October 31st of each year, as well as on any day designated by the city for any Halloween trick or treating event, a registered sex offender, shall: (i) leave all exterior residential, decorative and ornamental lighting off during the hours of 5:00 p.m. to 11:59 p.m.; and (ii) not decorate his or her permanent residence with Halloween decorations, and remove any such decorations; and (iii) not answer the door to children who are trick-or-treating."

COUNCIL AGENDA

CA 1. Consideration of nominations/appointments by Mayor Parris to the following Commissions:

Presenter: Mayor Parris

CA 2. Discussion and possible action regarding proposed funding for improvements at Lancaster Metrolink Station

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 - February 21, 2013 meeting

Presenter: 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 - significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2). One potential case.

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

• Bowles v. Lancaster School District; City of Lancaster, Case No. MC023493

• Waterhouse v. Lancaster - Case No. CV 12-00923 SJO

• Doe v. Lancaster - Case No. CV-12-10808 SJO (RZx)

• Coalition for Open Government v. City of Lancaster, Case No. BC499047

• Quartz Hill Cares v. City of Lancaster, Case No. BS 122336

• Palmdale v. Lancaster - Case No. BC443280

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

• 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

Next Regular Meeting:

Tuesday, March 26, 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.