3-26-13 CC-Agency-Authority Minutes

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

Tuesday
March 26, 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 22, 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 Chris Johnson, Grace Chapel

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Athlete of the Month Award - Rachael Power, Desert Christian High School
   Presenter: Mayor Parris

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

3. Small Business Development Center
   Presenter: Ramone Roberts, Business Advisor - Antelope Valley

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of March 12, 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 24, 2013 through March 9, 2013 in the amount of $3,037,320.63.
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 February 2013, 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. Adopt Ordinance No. 988, an ordinance of the City Council of the City of Lancaster, California, amending Chapter 9.44 of the Lancaster Municipal Code relating to the regulation of registered sex offenders.
CC 4 attachment

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 "on 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."

CC 5. Accept the work constructed by C. A. Rasmussen, Inc. for Public Works Construction Project No. 12-003, Valley Central Way and 25^th Street West Resurfacing Project, 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 July 24, 2012, Council awarded Public Works Construction Project No. 12-003, Valley Central Way and 25^th Street West Resurfacing Project, to C. A. Rasmussen, Inc. This project repaired and resurfaced Valley Central Way, from Avenue J to Lancaster Boulevard, and 25^th Street West, from Avenue J to Lancaster Boulevard, with a new asphalt concrete pavement surface, sidewalk, pedestrian curb ramps, and new curb and gutter improvements. Construction of the project has been completed to the satisfaction of the Director of Public Works.

CC 6. Accept the interior street trees for maintenance by the City for Tract No. 060614, located on the southwest corner of Avenue K-4 and 20^th Street East. Owner: KB HOME Coastal Inc.
CC 6 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 7. Approve the Joint Use Agreement with the Southern California Edison Company (SCE) to provide for the relocation of existing SCE facilities necessitated by the widening of 22nd Street West and authorize the City Manager, or his designee, to sign all documents.
CC 7 attachment

As a condition of approval for Public Works Capital Improvement Project PWCP 10-022, the City is required to widen and improve 22nd Street West at Avenue K-8 to regional arterial standards. In addition, traffic calming improvements will be constructed (bulb-outs) on the north and south side of 22nd Street West. The existing SCE facilities are currently located within the existing right-of-way and will need to be relocated to their ultimate location within the expanded right-of-way as shown in the attached Exhibits. In order to preserve SCE's prior easement rights and to accommodate the street improvements, SCE has requested that the City enter into a Joint Use Agreement. The project cannot be completed as designed without entering into the subject agreement.

CC 8. Approve the monumentation work for Tract No. 54370-02, located on the northwest corner of Avenue L-4 and 70^th Street West. Owner: KB HOME Coastal Inc.
CC 8 attachment

The monumentation work on the listed project has been completed by the Surveyor of Record for the subject subdivision map and has been inspected and found to be satisfactory to the City Engineer. Evidence of payment to the Surveyor of Record for completion of the monumentation work has been received.

CC 9. Approve the developer constructed streets and accept the streets for maintenance by the City for Tract No. 060614, located on the southwest corner of Avenue K-4 and 20^th Street East. Owner: KB HOME Coastal Inc.
CC 9 attachment

The streets have 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.

PUBLIC HEARING

PH 1. Residential Zones Update and Other Zoning Code Amendments for Implementation of Housing Element Specific Actions
PH 1 attachments 1 and 2

Recommendation:

Introduce Ordinance No. 989, approving the comprehensive revision of the Residential Zoning Ordinance, Title 17, Chapter 8 of the Lancaster Municipal Code, and other zoning code amendments for implementation of Housing Element specific actions

Various sections of the Residential zoning ordinance have been revised in the past; however, this is the first significant update to Title 17, Chapter 8 of the Lancaster Municipal Code since 1994, and the first comprehensive update since 1983. Shortly after the adoption of the General Plan Update in 2009, City staff began initial research on the Residential Zones update. An administrative draft was released in June 2011, followed by a public draft in January 2012. Following several outreach efforts and a series of public hearings, the Planning Commission adopted Resolution No. 13-01 on January 28, 2013, recommending to the City Council approval of the City's Residential Zoning Ordinance. Other zoning code amendments for implementation of specific actions from the City's Housing Element are also included in the same resolution.

NEW BUSINESS

NB 1. Proposed amendments to the Visitor's Bureau of Lancaster (Destination Lancaster) Bylaws
NB 1 attachment

Recommendation:

Approve proposed amendments to the Visitor's Bureau of Lancaster (Destination Lancaster) Bylaws

The Visitor's Bureau of Lancaster, more commonly known as Destination Lancaster, is a partnership between the City, Antelope Valley Fair and the newly established Lancaster Tourism Business Improvement District (LTBID). The organization's primary function is to promote the area's attractions and amenities while increasing tourism activity and hotel occupancy. On January 14, 2013, the Destination Lancaster Board of Directors met and approved amendments to their bylaws which would allow LTBID members to serve on the board. Per the bylaws, any amendments must be first approved by the Destination Lancaster Board of Directors then approved by the City Council and the Antelope Valley Fair Board. By approving this item, the City Council would be confirming the recommended bylaw amendments made by Destination Lancaster.

COUNCIL REPORTS

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

Presenters: Vice Mayor Crist and Council Member Mann

LANCASTER FINANCING AUTHORITY

No action required at this time.

LANCASTER HOUSING 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). Two potential cases.

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

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

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

• Palmdale v. Lancaster - Case No. 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

Next Regular Meeting:
Tuesday, April 9, 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.