CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
September 8, 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, September 4, 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 Director/Authority Member Ken Mann
Council Member/Agency Director/Authority Member Ronald D. Smith
Council Member/Agency Director/Authority Member Angela Underwood-Jacobs

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, Underwood-Jacobs; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Life Church

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Antelope Valley Art Outpost Presentation
   Presenter: Erin Harkey, Civic Art Project Manager, Los Angeles County Arts Commission

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Recognized Obligation Payment Schedule for the Period January 1 to June 30, 2016

Recommendation:

Adopt Resolution No. SA 06-15, approving the Recognized Obligation Payment Schedule for the period January 1 to June 30, 2016 and direct staff to bring before the Lancaster Successor Agency Oversight Board for approval.

Health & Safety Code Section 34177(m) requires the Successor Agencies of the previous redevelopment agencies to prepare Recognized Obligation Payment Schedules (ROPS) that list obligations to be paid for the coming six month period. These schedules are used by the County Auditor-Controller in determining the amount of property tax revenues to distribute to the Successor Agency.
SA NB 1 attachment

SA NB 2. Successor Agency Budget for the Period January 1 to June 30, 2016

Recommendation:

Adopt Resolution No. SA 07-15, approving the Successor Agency Budget for the period of January 1 to June 30, 2016 as detailed in Attachment A.

Health and Safety Code Section 34177(j) requires successor agencies to adopt six month budgets. The budget is developed from the enforceable obligations listed on the recognized obligation payment schedule for the period January 1 to June 30, 2016.
SA NB 2 attachment

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of August 11, 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 July 26, 2015 through August 22, 2015 in the amount of $6,493,061.92.

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 2 attachment

CC 3. Accept and approve the July 2015, Monthly Report of Investments as submitted.

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 report adhere to these requirements.
CC 3 attachment

CC 4. Adopt the Tax Sharing Resolution for proposed Annexation No. 40-140 (4-203) into Los Angeles County Waterworks District No. 40, Antelope Valley.

The property owners within Annexation No. 40-140 (4-203) 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.
CC 4 attachment

CC 5. Landscape Maintenance District No. 1, Annexation No. 237

a. Approve and accept for maintenance the work and materials for the landscape improvements for Landscape Maintenance District No. 1, Annexation No. 237, installed for Tract No. 53102, located on southwest corner of Avenue J-8 and 45^th Street West, owned by Magnolia, LP.

b. Appropriate $12,960.00 of the first year's maintenance cost paid by the developer, into the Landscape Maintenance Operating Account No. 482-4636-404.

On October 14, 2003, the Council adopted Resolution No. 03-380, initiating proceedings for annexation into Landscape Maintenance District No. 1; Resolution No. 03-381, declaring its intention to annex territory; and Resolution No. 03-393, confirming the diagram and assessment and ordering the proposed improvements. The landscaping improvements for this tract have been installed by the developer in accordance with the approved plans and specifications and have been completed to the satisfaction of the Planning Director.
CC 5 attachment

CC 6. Public Works Construction Project No. 13-005, Valley View Elementary School Pedestrian Improvements

a. Approve Change Orders No. 1 through 8 and increase the total amount of the contract with Granite Construction Company of Lancaster, California, for Public Works Construction Project No. 13-005, Valley View Elementary School Pedestrian Improvements, SR2SL-5419(030), by $41,751.55, for a total revised contract amount of $1,187,202.55, plus a 10% contingency.

b. Accept the work constructed by Granite Construction Company for Public Works Construction Project No. 13-005, Valley View Elementary School Pedestrian Improvements, SR2SL-5419(030), 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.

On May 27, 2014, Council awarded Public Works Construction Project No. 13-005, Valley View Elementary School Pedestrian Improvements, SR2SL-5419(030), to Granite Construction Company. Construction of the project has been completed to the satisfaction of the Public Works Manager. The project was substantially completed on March 3, 2015, which was within the time permitted in the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Public Works Manager.
CC 6 attachment

CC 7. Adopt Resolution No. 15-47, approving the Application for Grant Funds from the Recreational Trails Program for the Amargosa Creek Pathway project.

The Development Services Department, in cooperation with the Los Angeles County Department of Public Health, is interested in submitting a grant application to the State Resources Agency under the "Recreational Trails Program". The application requires that the City Council adopt a resolution approving the filing of an application, certifying the project is consistent with the General Plan, certifying the applicant will have available sufficient funds to operate and maintain the project, and appointing the City Manager as agent for the project.
CC 7 attachment

CC 8. Public Works Construction Project No. 13-027, Avenue L and Challenger Way Roundabout

a. Award Public Works Construction Project No. 13-027, Avenue L and Challenger Way Roundabout HSIPL-5419(033) to ANM Construction and Engineering of Lancaster, California, in the amount of $1,185,000.00, plus a 10% contingency, for construction of a single lane roundabout and authorize the City Manager, or his designee, to sign all documents.

b. Transfer $750,000.00 from Capital Improvements Budget Account No. 232-15ST046-924 to Capital Improvements Budget Account No. 232-16ST003-924 and transfer $150,000.00 from Capital Improvements Budget Account No. 232-15ST048-924 to Capital Improvements Budget Account No. 232-16ST003-924.

This project includes the construction of a single lane roundabout at the intersection of Avenue L and Challenger Way and the restriping of Avenue L from Sierra Highway to Challenger Way.

CC 9. Adopt Resolution No. 15-48, designating an independent hearing officer to hear appeals of the denial or revocation of business licenses, including licenses for a general business, taxi business operator, taxi driver, towing business operator, towing unit driver, massage establishment operator and massage therapist.

As currently written, these various chapters provide that the hearing on an appeal of a denial or revocation of a business license goes before City Council. Staff must expend a substantial amount of time and resources to prepare for a hearing before Council. In the past fourteen years, there have only been two appeals of a business license denial or revocation. Given the infrequency of these appeals, it is in the public interest to expedite hearings on these matters, rather than waiting to get these appeals placed on the next available Council agenda. Further, holding these appeals before a hearing officer provides a person appealing the denial or revocation of a business license with an opportunity to be heard in a more timely, expeditious manner.
CC 9 attachment

CC 10. Adopt Resolution No. 15-49, consenting to the inclusion of properties within the City's jurisdiction in the California Municipal Finance Authority (CMFA) Property Assessed Clean Energy (PACE) Program to finance energy efficiency, water efficiency, and renewable energy upgrades for residential and commercial buildings and authorize the City Manager, or his designee, to execute all documents and make any non-substantive changes necessary to complete the transaction.

The PACE programs allow property owners to enter into voluntary contractual assessments for the purpose of financing the installation of distributed generation renewable energy sources such as solar panels, energy efficiency improvements, and/or water conservation improvements that are permanently fixed to real property, as specified. Property owners who participate in the program repay the loans through the assessment collected together with their property taxes. The proposed resolution enables the CMFA to accept applications from owners of property within the City for municipal financing of authorized improvements through the CMFA program.
CC 10 attachment

PUBLIC HEARINGS

PH 1. Amendment to Citywide Fee Schedule

Recommendation:

Adopt Resolution No. 15-50, amending Resolution No. 15-29 by revising the Lancaster Museum of Art and History (MOAH) Wi-Fi Use fee, Part IV - Community Safety, Section 3: Parking Bail Amounts and Part V - Bail and Fine Schedule as part of the Citywide Fee Schedule as detailed in Attachment A.

Council adopted Resolution No. 15-29 on June 23, 2015 establishing the Citywide Fee Schedule related to cost of services. After a review of comparable government Wi-Fi use fees, staff recommends a revision of the Lancaster Museum of Art and History (MOAH) Wi-Fi use fee; the Parking Bail amounts and the Bail and Fine Schedule need to be amended to account for fees imposed by other government agencies.
PH 1 attachment

PH 2. Disposition and Development Agreement (DDA) with the City of Lancaster, Potential Investments, LLC and Julian Bay

Recommendations:

a. Adopt Resolution No. 15-51, approving a Disposition and Development Agreement (DDA) with the City of Lancaster, Potential Investments, LLC and Julian Bay to facilitate the sale of approximately fourteen acres of City-owned property to Potential Investments for development of a brewery and authorize the City Manager or his designee to execute all related documents.

b. Appropriate $850,000 in Measure R Local Return Fund Balance to Capital Improvement Account No. 210-15ST057-924, Trevor Avenue Widening.

Approval of the proposed DDA will empower Kinetic Brewing Company to write the next chapter in their remarkable home-grown success story by creating a new subsidiary, Potential Investments, which will open a large-scale production brewery in Lancaster. In return for street improvements, the community will receive new jobs, economic diversification, increased tax revenues, and a brand-new tourism destination, as well as a new shovel-ready project site poised for additional new developments.
PH 2 attachment

PH 3. General Plan Amendment 14-02 and Zone Change 14-02

Recommendations:

a. Adopt Resolution No. 15-52, amending the General Plan land use designation on the subject property from UR (Urban Residential), NU (Non-Urban Residential), and C (Commercial) with a Specific Plan (SP) overlay designation to NU.

b. Introduce Ordinance No. 1005, rezoning the subject property from SP (Specific Plan) to RR-2.5 (Rural Residential, one dwelling unit per 2.5 acres).

The applicant, Sustainable Power (sPower) Group, LLC, has proposed to construct and operate a 150-megawatt (MW) photovoltaic (PV) solar energy generating facility generally bounded by 80^th Street West, 105^th Street West, Avenue K, and Quarry Ridge Road/California Aqueduct. Approximately 960 acres (located predominantly south of Avenue L), of this 1,191-acre site, is designated as UR (Urban Residential), C (Commercial), and NU (Non-Urban Residential) with a Specific Plan (SP) overlay and zoned SP.
PH 3 attachment

NEW BUSINESS

NB 1. Amendment to Title 15 of the Lancaster Municipal Code

Recommendation:

Introduce Ordinance No. 1006, amending Title 15 of the Lancaster Municipal Code by adding Chapter 15.45 (Small Residential Rooftop Solar Energy Systems), to provide an expedited, streamlined permitting process for small residential rooftop solar energy systems.

Section 65850.5(a) of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. In furtherance of that objective, Section 65850.5(g)(1) of the California Government Code requires that, on or before September 30, 2015, every city, county, or city and county must adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.
NB 1 attachment

NB 2. CalRecycle Grants (Used Oil, Household Hazardous Waste, Competitive Beverage, and Illegal Disposal)

Recommendation:

Approve the appropriation of $720,670.00 in grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) for four grants: Used Oil Competitive Grant ($83,712.00), Household Hazardous Waste Grant ($55,534.00), Competitive Beverage Grant ($152,894.00) and Illegal Disposal Grant ($428,530.00).

The City of Lancaster was awarded $720,670.00 in grant funds from CalRecycle to provide additional and/or enhanced services with respect to used oil collection, household hazardous waste, beverage container recycling and illegal disposal cleanup.

NB 3. Community Recognition Program Update

Recommendation:

Receive and file Community Recognition Program Update

COUNCIL AGENDA

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

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) - two 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. City of Lancaster v. Van Dam, LASC Case No. MC 024810

10. Randy Poitevint v. City of Lancaster, LASC Case No. BC 531964

11. SCE General Rate Case - Phase 2 (A.14-06-014)

12. 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, September 22, 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.