1-14-14 CC-Agency-Authority Minutes

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

Tuesday
January 14, 2014
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, January 10, 2014
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

Associate Pastor Gabriel Ruhl, Lancaster Baptist Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Pen Or Pencil Children's March

Presenter: Gwendolyn Cole

2. Achievement in Reducing Emissions (AIRE) Award

Presenter: Mayor Parris

3. Tapestry Commission Mediation Update

Presenter: Dr. Mark Marshall, Lancaster Human Relations Tapestry Commission

4. Recognition and Approval from the California Energy Commission (CEC) for adopting Building Energy Efficiency Standards

Presenters: Brian Ludicke, Planning Director and Jim Vose, Chair of the Planning Commission

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of December 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 November 24, 2013 through December 28, 2013 in the amount of $5,940,176.37.
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 November 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. 996, an ordinance of the City Council of the City of Lancaster, California, amending Title 8 (Health and Safety) of the Lancaster Municipal Code by adding Chapter 8.29 ("Pool Maintenance") relating to Swimming Pool Maintenance.
CC 4 attachment

The purpose of the proposed Ordinance is to set clear guidelines for proper pool maintenance, and to provide for a substantial financial disincentive for property owners to maintain their pools in an unhealthful, unsanitary and unsafe condition.

CC 5. Accept the work constructed by Granite Construction Company for Public Works Construction Project No. 13-010, LNSC - Park and Ride Resurfacing, 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 23, 2013, Council awarded Public Works Construction Project No. 13-010, LNSC - Park and Ride Resurfacing to Granite Construction Company. This project repaired and resurfaced the existing east park and ride lot at the Lancaster National Soccer Center. Construction of the project has been completed to the satisfaction of the Director of Public Works. The project was substantially completed on November 8, 2013, which was within the time permitted in the contract.

CC 6. Approve the developer constructed streets and accept the streets for maintenance by the City for Conditional Use Permit No. 12-02, located on the southeast corner of Division Street and Avenue H-8. Owner: Solar City Corporation.
CC 6 attachment

The curb and gutter, sidewalk, driveways and a portion of the drainage facilities 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.

CC 7. Adopt Resolution No. 14-01, which summarily vacates the Offer of Dedication per Instrument No. 87-130109 for public street purposes, located at 90^th Street West between Avenue H-4 and Avenue H-8. The Resolution authorizes the City Clerk to record the Resolution, complete the summary vacation and terminate the offer of dedication of right-of-way which is no longer necessary to serve the subject property.
CC 7 attachment

The Offer to Dedicate document recorded January 28, 1987, under Instrument No. 87-130109, was recorded to reserve future public right-of-way for Avenue H-4, Avenue H-6, Avenue H-8, and 92^nd Street West (see Exhibit "B"). The City has not accepted this right-of-way as the roads were never constructed. The property has since been approved for a solar farm under Conditional Use Permit No. 11-03 which has been conditioned to provide right-of-way up to current City standards which supersede the existing Offer of Dedication. The summary vacation is required to develop the solar farm.

CC 8. Approve and accept substitution of the Subdivision Undertaking Agreement and securities submitted by KB HOME Coastal, Inc., in place of the Subdivision Undertaking Agreement by Gibraltar Homes, LLC for Tract Map No. 52655 Phase 2, located between 17^th and 18^th Streets West, approximately 200 feet south of Lancaster Boulevard.
CC 8 attachment

On October 25, 2005, Gibraltar Homes, LLC entered into a Subdivision Undertaking Agreement and posted securities to complete the required improvements for Tract Map No. 52655. The subject property subsequently changed hands and the new developer, KB HOME Coastal, Inc., has requested that the City allow the substitution of the Subdivision Undertaking Agreement and securities so that the property can be developed. KB HOME Coastal, Inc. has submitted a Subdivision Undertaking Agreement and securities in accordance with City policy. Staff recommends that the Council approve the Subdivision Undertaking Agreement, accept the securities, approve the termination of the Subdivision Undertaking Agreement and Maintenance Agreement, and release the securities posted by Gibraltar Homes, LLC.

CC 9. Approve and accept the Subdivision Improvement and Lien Agreement submitted by 99 Serenade Lancaster, LLC ("Developer"), required as a condition of recordation of Tract Map No. 060294, located at the northeast corner of Avenue J and 65^th Street West.
CC 9 attachment

The City approved Tentative Tract Map No. 060294 on January 17, 2006, subject to certain conditions of approval, including the construction of various public improvements. The Developer has requested approval to record a final subdivision map prior to the fulfillment of those conditions. The Developer has therefore submitted a Subdivision Improvement and Lien Agreement ("Agreement") to guarantee and secure the performance of all the required public improvements. If a final subdivision map is approved by Council, the Agreement will constitute a lien on the Developer's property as security for the faithful performance of the public improvements.

CC 10. Approve and accept substitution of the Subdivision Undertaking Agreement and securities submitted by KB HOME Coastal, Inc., in place of the Subdivision Undertaking Agreement by Plum Canyon Investments, LLC for Tract Map No. 060943 Phase 2, Lots 30-33 and 40, located on the south side of Avenue K-8, approximately 660 feet east of Challenger Way.
CC 10 attachment

On January 27, 2009, Plum Canyon Investments, LLC entered into a Subdivision Undertaking Agreement and posted securities to complete the required improvements for Tract Map No. 060943. The subject property subsequently changed hands and the new developer, KB HOME Coastal, Inc., has requested that the City allow the substitution of the Subdivision Undertaking Agreement and securities so that the property can be developed. KB HOME Coastal, Inc. has submitted a Subdivision Undertaking Agreement and securities in accordance with City policy. Staff recommends that the Council approve the Subdivision Undertaking Agreement, accept the securities, approve the termination of the Subdivision Undertaking Agreement and Maintenance Agreement, and release the securities posted by Plum Canyon Investments, LLC.

CC 11. Approve and accept substitution of the Subdivision Undertaking Agreement and securities submitted by KB HOME Coastal, Inc., in place of the Subdivision Undertaking Agreement by Plum Canyon Investments, LLC for Tract Map No. 061078 Phase 2, Lots 13-22 and 25-49, located on the northwest corner of Avenue K-8 and 15^th Street East.
CC 11 attachment

On August 6, 2008, Plum Canyon Investments, LLC entered into a Subdivision Undertaking Agreement and posted securities to complete the required improvements for Tract Map No. 061078 Phase 2, Lots 13-22 and 25-49. The subject property subsequently changed hands and the new developer, KB HOME Coastal, Inc., has requested that the City allow the substitution of the Subdivision Undertaking Agreement and securities so that the property can be developed. KB HOME Coastal, Inc. has submitted a Subdivision Undertaking Agreement and securities in accordance with City policy. Staff recommends that the Council approve the Subdivision Undertaking Agreement, accept the securities, approve the termination of the Subdivision Undertaking Agreement and Maintenance Agreement, and release the securities posted by Plum Canyon Investments, LLC.

CC 12. Approve and accept substitution of the Subdivision Undertaking Agreement and securities submitted by KB HOME Coastal, Inc., in place of the Subdivision Undertaking Agreement by Plum Canyon Investments, LLC for Tract Map No. 061278, located on the northeast corner of Avenue K-8 and Challenger Way.
CC 12 attachment

On August 6, 2008, Plum Canyon Investments, LLC entered into a Subdivision Undertaking Agreement and posted securities to complete the required improvements for Tract Map No. 061278. The subject property subsequently changed hands and the new developer, KB HOME Coastal, Inc., has requested that the City allow the substitution of the Subdivision Undertaking Agreement and securities so that the property can be developed. KB HOME Coastal, Inc. has submitted a Subdivision Undertaking Agreement and securities in accordance with City policy. Staff recommends that the Council approve the Subdivision Undertaking Agreement, accept the securities, and approve the termination of the Subdivision Undertaking Agreement, Maintenance Agreement and release the securities posted by Plum Canyon Investments, LLC.

PUBLIC HEARING

PH 1. October 2013 Consolidated Fire Protection District Capital Improvement Plan and the Annual Adjustment of Developer Fees
PH 1 attachment

Recommendation:

Adopt Resolution No. 14-02, adopting the October 2013 Capital Improvement Plan of the Consolidated Fire Protection District and the Annual Adjustment of Developer Fees.

On July 16, 1992, the City Council adopted Ordinance No. 612, which established a development impact fee for the fire protection services in the City of Lancaster. Periodically, the City Council adopts a resolution establishing the amount of the fee to be collected at the time of issuance of a building permit for new development, based upon action taken by the Los Angeles County Board of Supervisors. This fee is based upon a capital improvement plan for the construction and equipping of fire stations, which must also be adopted by the City.

NEW BUSINESS

NB 1. Municipal Law Enforcement Services Agreement
NB 1 attachment

Recommendation:

Approve the renewal of the Municipal Law Enforcement Services Agreement between the City of Lancaster and the County of Los Angeles for Law Enforcement Services provided by the Los Angeles County Sheriff's Department.

In October 2009, the City Council entered into the current five year Municipal Law Enforcement Services Agreement (MLESA) with the County of Los Angeles for law enforcement services provided by the Los Angeles County Sheriff's Department (LASD). That agreement will expire on June 30, 2014. Under the proposed renewal agreement, LASD would continue to provide general law enforcement services within the city limits of the City of Lancaster. The term of the new agreement would be effective from July 1, 2014 through June 30, 2019, unless terminated sooner per procedures outlined in the agreement.

COUNCIL REPORTS

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

Presenter: Vice Mayor Crist

LANCASTER HOUSING AUTHORITY

No action required at this time.

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

1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) - four potential cases.

2. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)

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

4. Quartz Hills Cares v. City of Lancaster, Case No. BS 122336

5. Palmdale v. Lancaster - Case No. BC443280

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

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

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

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

10. 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

11. Shabazz v. Parris, USDC, Central Case No. CV12-5803 SVW (JEM)

ADJOURNMENT

Next Regular Meeting:
Tuesday, January 28, 2014 - 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.