CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
April 26, 2016
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 22, 2016
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 Raj Malhi
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: Malhi, Mann, Underwood-Jacobs; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

INVOCATION

Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

PRESENTATION TO THE CITY

OFFICIAL CANVASS OF THE APRIL 12, 2016 GENERAL MUNICIPAL ELECTION

Presenter: City Clerk, Britt Avrit

Election Presentation SR 

Adopt Resolution No. 16-15, reciting the facts of the General Municipal Election held on Tuesday, April 12, 2016, declaring the results and such other matters as provided by law regarding the election of the Mayor and two Council Members.

Election Code Sections 10262, 10263 and 10264 require, among other things, the City Clerk to declare to the legislative body the results of the General Municipal Election. The City Clerk published the Notice of Election, which was given in time, form and manner as prescribed by law. The voting precincts were properly established, and election officers appointed. In all respects, the election was held and conducted, votes were cast, received and canvassed, and returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California.
Election Presentation attachment

ADMINISTER OATH OF OFFICE TO NEW COUNCIL MEMBERS ELECT

Presenter: Britt Avrit, City Clerk

• R. Rex Parris, Mayor Elect (four-year term)

· Ken Mann, Council Member Elect (four-year term)

· Angela Underwood-Jacobs, Council Member Elect (four-year term)

PRESENTATIONS

1. Proclamation designating the month of April as "DMV/Donate Life Month" in recognition of National Donate Life Month
   Presenter: Mayor Parris

2. Recognition of Development Services staff for installation of crosswalk on Avenue I and 17^th Street East
   Presenter: Marlene Moreno

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of March 22, 2016.

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 March 6, 2016, through April 9, 2016 in the amount of $7,858,096.84.
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 March 2016, 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.

CC 4. Approve an increase in the contract for Lancaster Choice Energy Legal Representation, with Braun, Blaising, McLaughlin & Smith ("BBMS"), by $65,000 and authorize the City Manager, or his designee, to sign all documents.
CC 4 attachment

BBMS provides legal services to LCE. These services include representing the City of Lancaster and LCE before the California Public Utilities Commission ("CPUC") and advising staff regarding pending or anticipated regulatory matters, rate cases, and CPUC rulings that may affect LCE or its customers. Additionally, BBMS assists in the preparation and submission of required filings at the CPUC and the California Energy Commission.

CC 5. Approve Parcel Map No. 73800, located approximately 564 feet south of Avenue L between 8th Street West and 10th Street West, Owned by R&R Commercial Properties, LLC; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
CC 5 attachment

The Final Map is in substantial conformance with the approved tentative map. Parcel Map No. 73800 has been checked by the City Engineer and is ready for Council approval. In addition, monumentation security has been submitted to ensure the installation of monuments.

CC 6. Approve and accept the monumentation work for Tract No. 47583, located on the southeast corner of Avenue I and 90th Street West; Owned by K. Hovnanian Forecast Homes, Inc.
CC 6 attachment

The monumentation work on this project has been completed for the subject subdivision map and has been inspected and found to be satisfactory to the City Engineer.

CC 7. Authorize the retention of Michael Baker International for the preparation of an Environmental Impact Report (EIR) for the Avanti South project and related development applications on approximately 318 acres generally bounded by Avenue L, Avenue K-8, 75^th Street West, and 62^nd Street West.
CC 7 attachment

Royal Investors Group, LLC has filed permit applications for a Specific Plan (SP 15-02), General Plan Amendment (GPA 16-01), and Zone Change (ZC 16-01) for the development of a mixed use development consisting of a variety of residential types, commercial, school, and park uses on approximately 318 acres. Due to the size of the proposed project, the preparation of an Environmental Impact Report (EIR) is required as part of the approval process.

CC 8. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 1654 East Norberry Street, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 8 attachment

In September 2008, pursuant to the Housing Economic Recovery Act of 2008, the City Council received and appropriated $6,983,533 for the Neighborhood Stabilization Program from the U.S. Department of Housing and Urban Development. The City receives Program Income revenues from the sales of NSP 1 homes, which must be used to acquire, rehabilitate and resell the foreclosed homes, in the expanded areas, until funds are completely expended.

CC 9. Approve agreement for acquisition of real property between the City of Lancaster and Secretary of Housing and Urban Development for property located at 44188 Glenraven Road, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 9 attachment

In September 2008, pursuant to the Housing Economic Recovery Act of 2008, the City Council received and appropriated $6,983,533 for the Neighborhood Stabilization Program from the U.S. Department of Housing and Urban Development. The City receives Program Income revenues from the sales of NSP 1 homes, which must be used to acquire, rehabilitate and resell the foreclosed homes, in the expanded areas, until funds are completely expended.

CC 10. Approve agreement for acquisition of real property between the City of Lancaster and Terry R. Rasch and Teresa L. Rasch, husband and wife as joint tenants for property located at 44310 Raysack Avenue, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 10 attachment

In September 2008, pursuant to the Housing Economic Recovery Act of 2008, the City Council received and appropriated $6,983,533 for the Neighborhood Stabilization Program from the U.S. Department of Housing and Urban Development. The City receives Program Income revenues from the sales of NSP 1 homes, which must be used to acquire, rehabilitate and resell the foreclosed homes, in the expanded areas, until funds are completely expended.

CC 11. Program Income from the U.S. Department of Housing and Urban Development (NSP1); Program Income from the U.S. Department of Urban Development (NSP 3)

a. Appropriate Program Income revenues of $436,458.73 for funds received from the sale of Neighborhood Stabilization Program (NSP 1) homes pursuant to the Housing and Economic Recovery Act of 2008, for program expenditures in Account No. 363-4542-770.

b. Appropriate Program Income revenues of $644,777.90 for funds received from the sale of Neighborhood Stabilization Program (NSP 3) homes pursuant to the Dodd-Frank Act of 2010, for program expenditures in Account No. 363-4542-771.

The appropriation of funds will assist with the acquisition and rehabilitation of foreclosed homes in the expanded target areas. The funds are expected to be expended in fiscal years 2015-2016 and 2016-2017.

The request for the appropriation will make funds available to allow the acquisition, rehabilitation, and resell of foreclosed homes in the expanded target areas. The U.S. Department of Housing and Urban Development allows the City to expand the target areas as a Substantial Amendment.

PUBLIC HEARINGS.

PH 1. Appeal of Planning Commission's Approval of One-Year Extension to Vesting Tentative Tract Map No. 60291 (Proposed Subdivision of 66 Lots on 20 Acres Located on the south side of Avenue K-4)
PH 1 attachment

Recommendation:

Adopt Resolution No. 16-16, upholding the Planning Commission's decision by denying the appeal and approving a one-year extension to January 16, 2017, for Vesting Tentative Tract Map No. 60291.

This vesting tentative tract map was originally approved by the City Council on January 16, 2007, along with certification of an environmental impact report for the proposed project, adoption of required findings, and adoption of a mitigation monitoring program. Although the map originally was due to expire on January 16, 2009, automatic map extensions granted by the State of California effectively extended the map expiration date to January 16, 2016. The applicant filed for a map extension, and the request was heard and approved by the Planning Commission on January 25, 2016. This action was subsequently appealed on February 4, 2016. The appellants have requested a denial of the map based on perceived inconsistencies with several cited several General Plan objectives, policies, and specific actions and also stated that a map extension is not in compliance with current water restrictions.

PH 2. Appeal of the Planning Commission's Denial of Conditional Use Permit No. 15-21 (Request for a Type 21 General Off-Sale Alcohol License for an Existing Convenience Market (Ben's Corner) at 710 West Avenue L)
PH 2 attachment

Recommendation:

Adopt Resolution No. 16-17, upholding the Planning Commission's decision by denying the appeal for Conditional Use Permit No. 15-21 (a request for a Type 21 alcohol license and to allow a waiver of distance requirements for an existing establishment).

The site contains a business (Ben's Corner) that has operated successfully at this location for many years. The business already holds a Type 20 alcohol license that allows the sale of beer and wine. The establishment sells primarily produce, meat (from a sub-leased space) and a limited number of grocery items. The Planning Commission conducted a public hearing on the request on February 22, 2016, and, by a 0-5-0-1 vote, denied Conditional Use Permit No. 15-21, because it could not make the findings required to grant a distance waiver. Commission members noted specifically that the applicant had not justified the public necessity and convenience of allowing the sale of spirits at this location; further, there were also concerns expressed that allowing the sale of spirits may change the character of the establishment to that of a typical mini-market or liquor store.

NEW BUSINESS.

NB 1. Engagement of Sargent Town Planning for Medical Main Street Planning Initiative
NB 1 attachment

Recommendations:

a. Approve a professional services agreement in the amount of $675,940 with Sargent Town Planning to create a plan for Medical Main Street. The City of Lancaster will be partially reimbursed by project partner Antelope Valley Healthcare District (AVHD).

b. Appropriate $200,000 to account 101-15SW009924, for the AVHD portion of the project, and increase revenues in account 101-3201101, Development Fees, by the same amount.

c. Authorize the City Manager or his designee to execute all related documents.

The proposed Medical Main Street district is envisioned as a regional center for health and wellness. Through the implementation of cutting-edge concepts in development and land-use planning, this area will become a walkable, mixed-use destination encompassing a wide range of first-class health care facilities; health-conscious eateries and retail; and residential options, all in a pedestrian-focused and aesthetically appealing setting reminiscent of The BLVD in downtown Lancaster. To accomplish this vision, staff has engaged in a nationwide search of highly qualified consulting firms with extensive expertise in health care planning. This action will authorize the City Manager to execute a Professional Services Agreement with Sargent Town Planning to proceed with the project plan. The AVHD Board of Directors has approved a contribution of $200,000 towards the cost of the consultant.

COUNCIL AGENDA.

CA 1. Discussion and possible action regarding potential City Assessment District
Presenter: Vice Mayor Crist

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) - 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. Patton v. City of Lancaster, LASC Case No. MC 025064

5. Estarella v. City of Lancaster, LASC Case No.BC527749

6. Wilson v. City of Lancaster, LASC MC025201

7. 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, May 10, 2016 - 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.