CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
July 28, 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, July 24, 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

Chaplain Jason Knudeson, Maj., USAF

PLEDGE OF ALLEGIANCE

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of July 14, 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 June 28, 2015 through July 11, 2015 in the amount of $9,944,380.96.

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 June 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. Approve the developer constructed street improvements for maintenance by the City for Tract No. 061206 Phase 1, lots 1 to 34 and 114 to 169, located on the southeast corner of Avenue J and 35^th Street East. Owned by: KB Home Coastal Inc.

The streets 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 Development Services Director.
CC 4 attachment

CC 5. Approve professional services agreement with Pacific Energy Advisors, for an amount not to exceed $300,000, for consulting services for Lancaster Choice Energy.

Lancaster Choice Energy (LCE) is the city's community choice aggregation program, whereby the city is procuring and selling electricity to its customers within city limits. There are a number of very specialized, technical activities that are needed in providing this service. While LCE grows and staff becomes more familiar with these duties, consultants are needed. Their expertise will ensure compliance with the various regulatory requirements of being an energy supplier.
CC 5 attachment

CC 6. Adopt Resolution No. 15-41, authorizing and providing for the Fiscal Year 2015-2016 levy of a special tax within Community Facilities District No. 89-1, a District established to finance the acquisition and construction of regional water system improvements in various locations in the City.

CFD 89-1, otherwise known as Hillside Residential, was established to finance the construction of regional water system improvements primarily on the east side of Lancaster. Four million, eight hundred and ninety-five thousand ($4,895,000) in Special Tax Bonds were issued. On October 16, 1989, City Council adopted Ordinance No. 518, authorizing the levy of the special tax for CFD 89-1. The levy of the special tax on an annual basis is required since the rate and method for special tax apportionment differentiates between developed property and undeveloped property. As homes are completed and sold by the developer, the property changes from undeveloped to developed status which carries a different tax rate for the homebuyer.
CC 6 attachment

CC 7. Adopt Resolution No. 15-42, authorizing and providing for the Fiscal Year 2015-2016 levy of a special tax within Community Facilities District No. 91-2, a District established to finance the construction of regional street, sewer and storm drain improvements in the Lancaster Business Park Phase III.

CFD 91-2, otherwise known as Lancaster Business Park, Phase III, was established to finance the construction of regional street, sewer and storm drain improvements. Nine million dollars ($9,000,000) in Special Tax Bonds were issued. The refunding bonds in the amount of Eight million nine hundred thousand dollars ($8,900,000) were issued in 1999. On November 4, 1991, City Council adopted Ordinance No. 575, authorizing the levy of the special tax for CFD 91-2. As required by Ordinance No. 575, authorizing the levy of a special tax for CFD 91-2, the City Council is required to adopt, by Resolution, the special tax levy in accordance with previously adopted "Rate and Method of Special Tax Apportionment".
CC 7 attachment

CC 8. Receive and file report regarding Community Facilities District No. 91-1, 1990 Special Tax Bonds Final Maturity

CFD 91-1, otherwise known as Kaufman and Broad Quartz Hill II and III, was established to finance the construction of regional water and sewer improvements on the west side of Lancaster. The final maturity date of the CFD 91-1, 1990 Special Tax Bonds is October 1, 2016. Monies held by the trustee, US Bank, which includes the bonds reserve fund, and tax assessments held by the City are sufficient to meet administrative costs and debt service requirements for CFD 91-1, 1990 Special Tax Bonds. By calling the bonds a year early, no parcels within CFD 91-1 will be assessed the $450 levy in 2015-2016. This will also benefit the district by saving on the last interest payment of $15,500.

CC 9. Award RFP No. 586-15, Tree Trimming Services, to Tip Top Arborists, Inc of Lancaster CA. in the amount of $ 213,744 for professional tree maintenance and management services.

The City of Lancaster maintains an Urban Forest consisting of over 20,000 trees. Services covered under this bid includes maintaining a comprehensive inventory of all City trees, as well as trimming, planting and removal of trees located in the easement/right of way on main thoroughfares, within parks and in maintenance districts throughout the City.

NEW BUSINESS.

NB 1. Commercial and Industrial Incentive Program

Recommendation:

Approve the Commercial and Industrial Incentive Program allowing City development impact fees to be deferred until a Certificate of Occupancy is issued for commercial and industrial projects and authorize the City Manager or his designee to execute any related documents.

With local property values on the rise, unemployment declining, and other economic indicators continuing to improve, Lancaster is poised to experience an upswing in development as our local economy continues to recover. Staff is beginning to see the fruits of this recovery in the form of an increase in building activity. While all signs point to economic growth, the City must continue to do its part to catalyze development. With this in mind, staff proposes the establishment of the Commercial and Industrial Incentive Program (CIIP). Building on the success of the Building Incentive Stimulus Program, the CIIP will provide for the deferral of City development impact fees on all commercial and industrial projects until a Certificate of Occupancy is issued, as opposed to paying them before the start of construction. This will free up funds at the project's outset while also allowing builders to postpone payment of fees until the project is ready to begin generating revenue.

NB 2. City Recycling Programs update

Recommendation:

Receive update regarding City Recycling Programs

COUNCIL AGENDA

CA 1. Discussion and Possible action to support Senate Constitution Amendment 8
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) - 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, August 11, 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.