CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
September 22, 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 18, 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 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, Underwood-Jacobs; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Foad Ghebleh, Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

PRESENTATION

1. Drought and Conservation Efforts Update
   Presenter: David Rydman, Los Angeles County Department of Public Works Water Resource Manager

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of September 8, 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 August 23, 2015 through September 5, 2015 in the amount of $3,446,974.41.

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 August 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.
CC 3 attachment

CC 4. Adopt Ordinance No. 1005, rezoning the subject property (960± acres of a 1,191± acre site generally bounded by 80^th Street West, 105^th Street West, Avenue K and Quarry Ridge Road/California Aqueduct) 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. The City's zoning code does not permit the development of commercial-style solar energy facilities on property designated for urban uses. Therefore, amendment of the General Plan land use designation to non-urban residential and rezoning of the subject property to RR-2.5 is necessary to allow this facility to move forward.
CC 4 attachment

CC 5. Adopt 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.
CC 5 attachment

CC 6. Approve appropriations for the 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $62,629 to expense account number 399-4820-775 and revenue account 399-3308-215.

The City will utilize the JAG funds for the Community Support and Second Chance Program. The Second Chance Program will provide alternative diversion programs such as Teen Court for first time juvenile offenders ages 13-17 who have committed a low level misdemeanor crime. The Community Support and Second Chance Program will give first time juvenile misdemeanor offenders the opportunity to keep misdemeanor convictions off of their criminal record, ensure sufficient punishment to deter future crime, as well as insure restitution to victims.

CC 7. Approve the appropriation of $150,000 from the Urban Structure Fees fund balance to the LPAC Improvements Capital Improvement Project.

Over the past several years, the Parks, Recreation and Arts Department has completed a number of upgrades at the Lancaster Performing Arts Center (LPAC), including the installation of new seats, a new speaker system and a projection system. At this time, staff is requesting the appropriation of an additional $150,000 from the 227 fund balance (Urban Structure Fees) to complete additional improvements.

CC 8. Approve and accept the monumentation work for Tract No. 061206 Phase 1, lots 1-34 inclusive, 114-169 inclusive, located on the southeast corner of Avenue J and 35th Street East, Owner: KB Home Coastal Inc.

The monumentation work on this project has been completed by the Surveyor of Record for the subject subdivision map and has been inspected and found to be satisfactory to the City Engineer. Evidence of payment to the Surveyor of Record for completion of the monumentation work has been received.
CC 8 attachment

CC 9. Approve the creation of Phases 1 and 2 of Tract Map No. 47583, approve the developer constructed work for Phase 1 and accept the public street improvements for maintenance, and approve and accept the substitution Subdivision Undertaking Agreement and securities for Phase 2 submitted by K. Hovnanian at West View Estates, LLC in place of the original Subdivision Undertaking Agreement and securities submitted for Tract Map No. 47583.

On May 23, 2006, K. Hovnanian at West View Estates, LLC (the "Subdivider") entered into a Subdivision Undertaking Agreement and posted securities to complete the required improvements for Tract Map No. 47583. The Subdivider has completed a portion of the work required by the Agreement and is requesting that the City accept the completed portion of work on a phased basis. The Subdivider has completed all work on the property identified as Phase 1 and as shown on Exhibit "A" in accordance with the approved plans and specifications. The work has been inspected and found to be satisfactory to the Development Services Director.
CC 9 attachment

CC 10. Accept the Sanitary Sewer Collection System Annual Performance Report for Fiscal Year 2014-2015.

The City of Lancaster assumed responsibility for the operation and maintenance of its sanitary sewer system from the County of Los Angeles Consolidated Sewer Maintenance District (CSMD) on July 1, 2008, believing that local control of the system was in the best interest of its residents. The production of an annual report is one of the performance measures approved by City Council in the Fiscal Year 2011-2012 Program and Financial Plan. The Sewer Collection System Annual Report outlines the Fiscal Year 2014-2015 accomplishments of the Development Services Department, Utilities Services Section regarding operations and maintenance of the City's sewer system.
CC 10 attachment

CC 11. Reject all bids for Public Works Construction Project No. 14-004, Maintenance Yard Storage Building, Phase II, Rebid. After careful review of the bid packages, it was determined that the scope of the project should be revised and the project rebid to obtain the best product for the City within the City's proposed budget.

The project would have constructed a five (5) bay, 50' by 100' storage building at the City's Maintenance Yard. This new storage building would have been used to store some of the City's larger maintenance equipment.

PUBLIC HEARINGS

PH 1. Amendment to Citywide Fee Schedule to enable Passport Service Fees

Recommendation:

Adopt Resolution No. 15-53, amending Resolution No. 15-29 by revising Part I - Miscellaneous, Section 2: City Clerk Fees as detailed in Attachment A

Currently passport processing services are not available in the Antelope Valley. This has forced our residents to travel to Santa Clarita or Tehachapi to obtain or renew their passports, causing them additional time and expense. The $25 Passport Execution Fee is set by the U.S. Department of State and is a non-refundable fee paid by all applicants to the Passport Application Facility when submitting the appropriate paperwork to renew or apply for a passport. The $10 fee for passport photos is being set to be competitive with other local retail outlets providing this service.
PH 1 attachment

PH 2 . Amendment to Title 17 (Zoning Ordinance) of the Municipal Code

Recommendation:

Introduce Ordinance No. 1007, amending Title 17 of the Lancaster Municipal Code (LMC) by amending Sections 17.10.050.B (Uses and Permit Requirements - Mixed Use - Uses Matrix), 17.12.080.D.11 (Uses Subject to Conditional Use Permits - General Commercial Zone), 17.16.070.A.5 (Uses Subject to Conditional Use Permits - Industrial Zones) to require a conditional use permit for nightclubs without alcohol sales, and Section 17.42.020 (DEFINITIONS) related to provisions for convenience markets, sales floor area, and incidental sellers.

On February 12, 2008, the City Council adopted Ordinance No. 896, adding Chapter 17.42 (Alcohol Beverage Establishment) to the Lancaster Municipal Code. The current ordinance has generally functioned as intended. However, in recent months the City has received several Conditional Use Permit (CUP) applications for convenience markets. The Planning Commission has been concerned the applicants are requesting approvals for convenience markets in order to avoid the separation distances required for mini-marts. On April 15, 2015, the City Council directed the Planning Commission to re-examine the provisions related to convenience markets. The proposed amendments would tighten requirements for a convenience market
PH 2 attachment

NEW BUSINESS

NB 1. Presentation of the 2015-2016 AmeriCorps Vista Volunteers

Recommendation:

Receive and file presentation regarding the 2015-2016 AmeriCorps Vista Volunteers

COUNCIL AGENDA

CA 1. Consider nomination and appointment of Liza Rodriguez and Jin Hur to the Criminal Justice Commission
Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenter: Vice Mayor Crist

CR 2. 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, October 13, 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.