7-8-14 CC-Agency-Authority Minutes

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

Tuesday
July 8, 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 Thursday, July 3, 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

Pastor Arnwine, Prevailing Word Christian Church

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Recognition of 2014 Miss Latina AV Pageant Winners

Presenter: Mayor Parris

    2.    Recognition of Tiffany Johnson as Miss California Pageant Contestant representing the High Desert

Presenter: Mayor Parris

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of June 24, 2014.

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 June 8, 2014 through June 28, 2014 in the amount of $1,773,487.43.
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. Approve the extension of Bid No. 568-13, Reclaimed Asphalt Pavement (RAP) Screening Materials, as outlined in the original contract, for a period of twelve (12) months, to Reclaimed Aggregates, Inc. in the amount of $120,000.00. In addition, authorize the City Manager, or his designee, to enact any subsequent extensions as eligible within the specifications of Bid No. 568-13.

The City of Lancaster released a competitive bid for Reclaimed Asphalt Pavement Screening Materials and awarded it to Reclaimed Aggregates, Inc. on July 9, 2013, for an initial term of one year with an option for two (2) 1-year extensions. The City is entering the second year of an extensive Pavement Preservation effort, having completed forty-five (45) lane miles the inaugural year. Utilizing existing staff, the Utilities/Maintenance Services Division is performing Chip Seal operations under the Pavement Management Program.

CC 4. Approve the extension of Bid No. 570-13, Emulsified Asphalt Materials, as outlined in the original contract, for a period of twelve (12) months, to VSS Emultech in the amount of $500,000.00. In addition, authorize the City Manager, or his designee, to enact any subsequent extensions as eligible within the specifications of Bid No. 570-13.

The City of Lancaster released a competitive bid for Emulsified Asphalt Materials and awarded it to VSS Emultech on July 9, 2013, for an initial term of one year with an option for two (2) 1-year extensions. The City is entering the second year of an extensive Pavement Preservation effort, having completed forty-five (45) lane miles the inaugural year. Utilizing existing staff, the Utilities/Maintenance Services Division is performing Chip Seal operations under the Pavement Management Program.

CC 5. Authorize the retention of Stantec for the preparation of an Environmental Impact Report (EIR) for the Lancaster Solar project and related development applications on approximately 1,350 to 1,500 acres generally bounded by Avenue K-4, Avenue M, 105^th Street West, and 80^th Street West.
CC 5 attachment

The Sustainable Power Group (sPower) (formerly Silverado Power, LLC) has filed a conditional use permit (CUP 14-10) for the development of 250 megawatts (MW) of photovoltaic solar power on approximately 1,350 to 1,500 acres. Due to the size of the proposed project, the preparation of an EIR is required as part of the approval process. On May 27, 2014, a request for proposals (RFP) for the preparation of an EIR for the proposed project was sent out for consideration to 12 environmental consulting firms. Seven proposals were submitted to the City by the deadline of 4 p.m. on Tuesday, June 17, 2014. Staff and the developer have reviewed the consultant proposals, and staff is recommending that the City retain the services of Stantec to prepare the EIR. Stantec has the relevant experience and staff expertise to ensure the successful completion of the EIR process in a timely fashion.

PUBLIC HEARINGS

PH 1. Annexation of the Lancaster Business Park into Landscape Maintenance District No. 1
PH 1 attachment

Recommendations:

a. Direct the City Clerk to canvass the ballots and declare the results at this July 8, 2014, City Council Meeting.

b. If a majority of the ballots received are in favor of the assessment, the City Council may proceed with the adoption of Resolution No. 14-44, a resolution of the City Council of the City of Lancaster, California, wherein the City Council confirms the diagram and assessment, ordering the annexation, and levying of an annual assessment of the Lancaster Business Park into Landscape Maintenance District No. 1 pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California.

On May 13, 2014, the City Council adopted Resolution No. 14-19, approving the Engineer's Report and setting the time and place for the public hearing and declaring its intention to annex the Lancaster Business Park into the Landscape Maintenance District No. 1 and initiate proceedings for the annual levy and collection against lots or parcels within the Lancaster Business Park for the purpose of providing funds for the provision of landscape maintenance services. Subsequently, on May 19, 2014, the notice of required public hearing and the assessment ballots were mailed to all property owners within the Lancaster Business Park. The assessment for the expenses of the maintenance, operation, and service shall be collected at the same time and in the same manner as County taxes are collected beginning July 1, 2014 through June 30, 2015.

PH 2. 2014 CMP Local Development Report (LDR)
PH 2 attachment

Recommendation:

Adopt Resolution No. 14-45, a resolution of the City Council of the City of Lancaster, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the 2014 CMP Local Development Report (LDR), in accordance with California Government Code Section 65089.

The requirements for the Congestion Management Program (CMP) were enacted with the passage of Assembly Bill 471 (1989) and became effective upon voter approval of Proposition 111 in June of 1990. Proposition 111 provided for a nine-cent increase in the state gas tax over a five-year period. Cities and Los Angeles County must comply with the Los Angeles County Metropolitan Transportation Authority (LACMTA) adopted 2010 CMP as a condition for receiving Proposition 111 gas tax subventions along with other state and federal transportation funds. The Congestion Management Program provides CMP "credits" to local jurisdictions for implementing mitigation strategies that address regional traffic congestion. These credits are accumulated in a "credit bank" which is used to offset CMP "debits". "Debits" are attributed to the negative congestion impacts of new development. Predetermined point values are assigned to both new development (debits) and mitigation strategies (credits).

COUNCIL AGENDA

CA 1. Discussion of future Commission appointments

Presenter: Mayor Parris

CA 2. Discussion of Mayor's Task Force to address inequities in the distribution of regional funding for homelessness and other related social services in the Antelope Valley.

Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Council Reports

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) - three potential cases.

2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - one potential case.

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

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

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

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

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

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

ADJOURNMENT

Next Regular Meeting:
Tuesday, July 22, 2014 - 5:00 p.m.

MEETING ASSISTANCE INFORMATION

In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this meeting, please contact the City Clerk 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. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing sign language interpreters, five or more business days notice is strongly recommended. For additional information, please contact the City Clerk at (661)723-6020.

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.

All documents available for public review are on file with the City Clerk Department.