CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
April 14, 2015
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, April 10, 2015
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 Ken Mann
Council Member/Agency/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 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/Power Authority

ROLL CALL.

City Council Members / Agency Directors /Authority Members: Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATION

Recognition of individuals for outstanding service at the Los Angeles County Airshow:

Jeff Campbell, Michelle Cantrell, Efrain Carrera, Pastor Casanova, Lee D'Errico,

Ramon Galo, Ronda Perez, Los Angeles County Sheriff Deputies Fisk and Jordan
Presenter: Mayor Parris and City Manager Bozigian

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of March 10, 2015.

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 22, 2015 through March 28, 2015 in the amount of $8,757,521.00.
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 February 2015, 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. The City's investments are governed by Sections 53600 et. seq. of the California Government Code. Additional requirements have been placed on the City's authorized investments by the Investment Policy (a copy is available in the Finance Department or from the City Clerk), and all investments listed on the attached report adhere to these requirements.

CC 4. Approve the following developer installed sanitary sewer and accept this sewer for maintenance by the City and public use for Tract No. 060779, located on the northwest corner of Avenue J-8 and 32^nd Street West; Owner: AVThree Homes, LLC
CC 4 attachment

The listed sanitary sewer has 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 Planning Director.

CC 5. Approve the completed water system installed by the developer for Tract No. 060779, located on the northwest corner of Avenue J-8 and 32^nd Street West; Owner: AVThree Homes, LLC
CC 5 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 Planning Director.

CC 6. Adopt the Tax Sharing Resolution for proposed Annexation No. 40-150 (4-210)into Los Angeles County Waterworks District No. 40, Antelope Valley.
CC 6 attachment

The property owners within Annexation No. 40-150 (4-210)are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District. Los Angeles County Waterworks District No. 40, Antelope Valley submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the properties within the proposed annexation.

CC 7. Approve the grant funding appropriation for the Keep America Beautiful (KAB) Cigarette Litter Prevention Program; funding is in Expense Account No. 315-4752-770 and Revenue Account No. 315-3406-100.

The Keep America Beautiful Cigarette Litter Prevention program was created to respond to the number one litter item in the United States: cigarette butts. The City requested this funding to address cigarette butt litter on the BLVD. By educating the public and putting ash receptacles at rest and transition points, the City hopes to eliminate the disposal of cigarette butts in planters and parkways along the BLVD.

CC 8. Approve increase in contract amount for Measure R "Highway Equity" Program/Project Management Services with Kimley-Horn and Associates, Inc. of Los Angeles, California, by $1,016,593.00 and authorize the City Manager, or his designee, to sign all documents.
CC 8 attachment

On December 10, 2013, City Council approved a Professional Services Agreement with Kimley-Horn and Associates, Inc. of Los Angeles, California for Program/Project Management Services of Measure R "Highway Equity" Funds. City staff and Kimley-Horn and Associates, Inc., in concert with Caltrans District 7 Executive Branch, has agreed that developing programmatic studies and employing programmatic services, rather than individually for each project, will provide a more economical and consistent evaluation of the corridor. This programmatic, corridor wide approach to complete these tasks will provide consistency and reduce the redundancy of completing similar work and/or overlapping work required to complete each individual interchange, allow the team to have access to this information earlier than if completed with each project, and save time and money that can be used to install additional infrastructure improvements. In addition to the corridor wide approach, City staff and Kimley-Horn and Associates, Inc. have proposed and developed a streamlined Planning Phase project initiation document (PID) process to expedite delivery and reduce the effort required to complete the Caltrans required Project Study Report - Project Development Support (PSR-PDS) PID

CC 9. Adopt Resolution No. 15-13, authorizing the recordation of a quitclaim deed to revert property located at Avenue F and 60^th Street West back to the County of Los Angeles which includes summarily vacating and abandoning excess street and drainage easements, located along Avenue G and 60^th Street West, adjacent to William J. Fox Airfield.
CC 9 attachment

In 2006, the City of Lancaster (City) and the County of Los Angeles (County) entered into the attached agreement, recorded as Instrument No. 20070656238, wherein the County transferred, to the City, 97 acres of vacant property located at the southwest corner of Avenue F and 60^th Street West including the street and drainage easements located along Avenue G and 60^th Street West. As part of the agreement, the City offered to construct improvements that were contingent upon other property developments. The agreement states the City must complete the improvements by the end of 2014 or quitclaim the property and vacate the easements back to the County.

PUBLIC HEARINGS.

PH 1. TEFRA Hearing/Approval of Multifamily Housing Revenue Bonds for Avenida Crossing Apartments
PH 1 attachment

Recommendation:

Adopt Resolution No. 15-14, pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of housing revenue bonds (the "Housing Revenue Bonds") by the California Municipal Finance Authority ("CMFA") in an aggregate principal amount not to exceed $12,000,000 for the acquisition, rehabilitation, improvement and equipping of a 77-unit multifamily rental housing project located at 2317 West Avenue J-8, Lancaster, California, generally known as Avenida Crossings (the "Project") to be operated by USA Multi-Family Management, Inc.

The City itself is not a party to the underlying financing, is not issuing the Housing Revenue Bonds, is not obligated to repay the Housing Revenue Bonds and is not pledging or otherwise committing any of the City's revenue or other assets to secure repayment of the Housing Revenue Bonds. The Borrower requests that the City approve CMFA's issuance of the Housing Revenue Bonds in order to finance the above-mentioned project. The Housing Revenue Bonds will be tax-exempt private activity bonds for purposes of the Internal Revenue Code and, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be finance is located.

PH 2. Appeal of Planning Commission's Denial of Conditional Use Permit No. 14-14 (A Conditional Use Permit to add Type 21: Off Sale General for Beer, Wine, and Distilled Spirits)
PH 2 attachment

Recommendation:

Adopt Resolution No. 15-15, upholding the Planning Commission's decision by denying the appeal for Conditional Use Permit No. 14-14 (a request to add alcohol sales (Type 21) and eliminate recommended Condition No. 9 from the conditions list) for a proposed convenience market.

On November 17, 2014, Mr. Rami Darghalli, the appellant, submitted a request for a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license for a proposed convenience market on the southwest corner of Avenue K-8 and 20^th Street West. As part of the approval process, staff prepared a staff report recommending the approval of Conditional Use Permit (CUP) No. 14-14 subject to certain conditions of approval. Staff's recommendation was based on consistency of the proposed plan with City code requirements and conditions that are routinely applied to such uses. The applicant requested a modification to recommended Condition No. 9 which states, "There shall be no single sales of beer in quantities less than 40 ounces. Wine shall not be sold in containers less than 750 milliliters, and wine coolers must be sold in manufacturers pre-packaged multi-unit quantities." Based upon the presentation and comments of the applicant and his representatives, several Commission members expressed concerns regarding the proposal. The Commission first considered whether to continue the matter, but this motion failed by a 3-3 vote. The Commission then considered a motion to approved CUP No. 14-14 with the recommended conditions; this motion for approval failed by a 3-3 vote, which constitutes a denial of the request. Mr. Rami Darghalli filed an appeal with the City of Lancaster. The appeal is based on his belief that, when he contested Condition No. 9, this created a misunderstanding between the Planning Commissioners about the scope and intent of his CUP request, and, therefore, the project was denied.

NEW BUSINESS.

NB 1 . Personal Choice Program - Net Energy Metering (NEM)
NB 1 attachment

Recommendation:

Approve the Personal Choice Program for Lancaster Choice Energy (LCE).

LCE customers who have electricity generating facilities, such as roof top solar, will have the benefit of our Personal Choice Program. Under this program, customers whose facilities generate more energy than they use will receive a credit of $0.06 per kWh on their bill.

NB 2. Additional Grant Revenue for the Winter Shelter Program (WSP) Grant from the Los Angeles Homeless Services Authority

Recommendation:

Approve the appropriation of $10,150.00 in awarded grant funds from the Los Angeles Homeless Services Authority (LAHSA) Winter Shelter Program (WSP) 2014-2015 to Revenue Account No. 261-3306-200 and corresponding Expense Account No. 261-4542-772.

The Winter Shelter Program addresses the basic shelter and service needs of homeless persons during the period in which Los Angeles County usually experiences its most inclement weather. The WSP will operate from November 1, 2013, to approximately April 15, 2014. The funds will be for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter.

COUNCIL AGENDA.

CA 1. Accept the resignation of Council Member Johnson and declare a vacant Council seat.

Presenter: Mayor Parris

CA 2. Consider nomination and appointment of Angela Underwood-Jacobs to fill the vacant seat on the City Council through the remainder of the term expiring April 12, 2016.

Presenter: Mayor Parris

CA 3. Consider nomination and appointment ofHoward Harris to the Criminal Justice Commission and consider nomination and appointment of Jeff Little as the Vice Chair of the Criminal Justice Commission.

Presenter: Mayor Parris

CA 4. Consider nomination and appointment ofSilvia Norris to the Lancaster Museum and Public Art Foundation Board of Directors (LMPAF).

Presenter: Mayor Parris

CA 5. Discussion regarding the California Downtown Association/International Downtown Association West Coast Urban District Forum
Presenter: Council Member Smith

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
Presenter: Council Member Mann

CR 2. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenter: Vice Mayor Crist

CR 3. 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) - four potential cases.

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

8. Tapola v. City of Lancaster, LASC Case No. MC 024672

9. Gerardo v. City of Lancaster, LASC Case No. BC517255

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, April 28, 2015 - 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.