9-24-13 CC-Agency-Authority Minutes

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

Tuesday
September 24, 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, September 20, 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

Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Leah Bajulai

Presenter: Mayor Parris

2. Presentation of the City's Recycling Center and the California Resource and Recovery Association award for "Most Outstanding Household Hazardous Waste/Universal Waste and E-Waste Program of 2013"

Presenter: Assistant Utilities Service Manager, Allen Thompson

3. Antelope Valley Air Quality Management District (AVAQMD) Achievement in Reducing Emissions (AIRE) Award

Recipient: KB Home

Presenter: Vice Mayor Crist

4. Net Zero Solar Energy Program Presentation

Presenters: Projects Coordinator, Heather Swan; Senior Engineering Technician, Andrew Noga and Associate Planner, Jocelyn Swain

5. Update on Mosquito Abatement and West Nile Virus

Presenter: Antelope Valley Mosquito & Vector Control District

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of September 10, 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 August 25, 2013 through September 7, 2013 in the amount of $1,012,941.37.
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. Accept and approve the August 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, the City of Lancaster and the Lancaster Housing Authority.

CC 4. Adopt Ordinance No. 992, an ordinance of the City of Lancaster, California, amending the City Zoning Plan for 92.7± acres generally bounded by Avenue K-8, Avenue L, 20^th Street East, and 30^th Street East known as Zone Change No. 13-01.
CC 4 attachment

The applicant, Psomas (on behalf of PsomasFMG, U.S. Topco, and Morgan Solar), has proposed to construct and operate three photovoltaic (PV) solar energy generating facilities totaling 13.3 megawatts (MW). The project site is generally bounded by Avenue K-8, Avenue L, 20^th Street East and 30 ^th Street East. The project site is currently designated as O (Open Space) east of 25^th Street East and NU (Non-Urban Residential) to the west of 25^th Street East, and is zoned PK (Park) and RR-1 (Rural Residential, one dwelling unit per acre), respectively. The property to the south is located in Palmdale, designated as IND (Industrial) and zoned M-2 (General Industrial). The property to the north, west, and a portion of the property to the east is designated as NU, and zoned either SRR (Semi-Rural Residential) or RR-1. The remainder of the property to the east is designated as O and zoned as PK.

CC 5. Accept the Sanitary Sewer Collection System Annual Performance Report for Fiscal Year 2012-2013.
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 (CSMD) 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.

PUBLIC HEARING

PH 1. General Plan Amendment No. 13-02 and Zone Change No. 13-02 (120± acres located at the southeast corner of Avenue J and 110^th Street West)
PH 1 attachment

Recommendations:

A. Adopt Resolution No. 13-53, amending the General Plan land use designation on the subject property from Specific Plan (SP) with an underlying UR (Urban Residential) designation to NU (Non-Urban Residential).

B. Introduce Ordinance No. 993, rezoning the subject property from SP (Specific Plan) to RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres).

The applicant, Silverado Power (dba Plainview Solar Works), has proposed to construct and operate a 30-megawatt (MW) photovoltaic (PV) solar energy generating facility generally bounded by 110^th Street West, Avenue J, 97^th Street West, and Avenue J-8. Approximately 120 acres of this site (located at the southeast corner of Avenue J and 110^th Street West) is designated as SP (Specific Plan) with an underlying UR (Urban Residential) designation, and zoned SP (Specific Plan). The property to the north and west is located in unincorporated Los Angeles County, and is zoned A-2-2 (Heavy Agricultural, 2 acre minimum) and A-2-5 (Heavy Agricultural, 5 acre minimum) respectively. The property to the east and south is designated as NU and zoned RR-2.5. The City's zoning code does not permit the development of commercial-style solar energy facilities on property designated for urban uses. Therefore, amendment of the General Plan land use designation to non-urban residential and rezoning of the subject property to RR-2.5 is necessary to allow this facility to move forward.

JOINT NEW BUSINESS

JNB 1. Disposition & Development Agreement with BYD and Memorandum of Understanding with Rexhall Industries
JNB 1 attachment

City Council Recommendation:

Approve a Disposition & Development Agreement with BYD and authorize the City Manager or his designee to execute all related documents.

City Council and Successor Agency Recommendation:

Approve a Memorandum of Understanding with Rexhall Industries and authorize the City Manager/Executive Director or his designee to execute all related documents.

This partnership is important for Lancaster and the Antelope Valley in that it creates a tangible relationship with a world leader in green technology. BYD will occupy two existing facilities in Lancaster. The firm will purchase the former Rexhall Industries property, a 120,000-square-foot recreational vehicle manufacturing facility which presently has excess capacity due to the slowdown in the RV industry brought on by the Great Recession. Thus, this transaction will not only bring a world-renowned firm to the City of Lancaster, but also fill a presently underutilized facility with the highest and best use for the property. In addition, BYD has purchased the 44,000-square-foot former Budweiser distribution facility on Division Street and Avenue J-11 to house its energy storage system (ESS) manufacturing facility.

NEW BUSINESS

NB 1. Street Name change
NB 1 attachment

Recommendation:

Adopt Resolution No. 13-54, a resolution of the City Council of the City of Lancaster, California, declaring that a portion of Avenue J-11 between Division Street and Yucca Avenue to be co-named BYD Energy Road.

BYD is a leading international sustainable energy technology, battery and transportation firm which is opening manufacturing facilities in the City of Lancaster. The renaming of that portion of Avenue J-11 to BYD Energy Road will provide recognition of BYD as a leader in sustainable energy and will show community pride and commitment to accomplishing our sustainable energy goals, including becoming a net zero City.

NB 2. Authorization to fund the purchase of 160 acres of conservation property by Wildlands
NB 2 attachment

Recommendations:

A. Adopt Resolution No. 13-55, authorizing the appropriation and use of biological impact fee funds for the acquisition of 160 acres of conservation property by Wildlands.

B. Appropriate $464,000 from the Biological Impact Fee fund balance to Account No. 224-4520-912 Property Acquisitions.

On October 28, 2005, the City Council adopted Ordinance No. 848, Biological Impact Fee, to deal with the cumulative impacts and "incremental loss" of habitat issues raised by the California Department of Fish and Game in response to City environmental documents.

The ordinance added Chapter 15.66 to the Lancaster Municipal Code to allow for the establishment of a biological mitigation fee. The intent of the fee was to provide mitigation for regional-level impacts in the expectation that other jurisdictions would also ultimately contribute their fair share toward such a mitigation effort, preferably through the proposed West Mojave Coordinated Management Plan (WMCMP). Based on an analysis contained in the Environmental Impact Statement for the West Mojave Plan, it was determined the average cost of private mitigation land within the WMCMP area to be $770 per acre. This $770 per acre fee was adopted as part of the ordinance. All new land development projects and subdivisions, as well as extension requests for previously approved projects are subject to payment of the fee.

NB 3. Loan to Maribel's Bakery under the Spice Up Lancaster Loan Program

Recommendation:

Approve a loan of $25,000 to Maribel's Bakery 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 third loan to go before the Council for approval through this program. At its existing location at 44205 20^th Street W., Maribel's Bakery offers a variety of cakes, pastries, and sweetbreads alongside Mexican and Salvadorian favorites such as tamales and pupusas served in a fast-casual setting. The restaurant is now planning to expand to a second location at 706 W. Lancaster Boulevard. There, Maribel's will continue to offer pastries and sweetbreads, in addition to customized, fresh-to-order pupusas. Loan funding will be utilized to construct a patio dining area, as well as purchase signage and kitchen equipment.

COUNCIL AGENDA

CA 1. Consideration of nomination/appointment of Ryan Crist to the Lancaster Planning Commission

Presenter: Mayor Parris

COUNCIL REPORTS

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

Presenter: Vice Mayor Crist

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.

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) - three potential cases.

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

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

• Quartz Hills 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 District
  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, October 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.