CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
May 10, 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, May 6, 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

Pastor John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of April 26, 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 April 10, 2016, through April 23, 2016 in the amount of $5,271,508.46.
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. Approve a professional services agreement with Kimley-Horn and Associates, Inc. of Los Angeles, California, in the amount of $1,099,513.00, with a 5% contingency, to develop the Project Approval and Environmental Document (PA&ED) for Public Works Construction Project No. 14-010, SR-138 (SR-14) and Avenue J Interchange and authorize the City Manager, or his designee, to sign all documents. The consultant selection process was made in accordance with Government Codes 4526 and 53060.
CC 3 attachment

On November 13, 2014, Metro executed Funding Agreement No. MOU.MR330.04, for the SR‑138 (SR‑14) Avenue J Interchange, granting $10 million to fund all phases of the projectfrom project initiation documents through construction of interchange improvements, as well as, local street improvements on Avenue J from 15^th Street West to 25^th Street West, on 20^th Street West from Avenue J to Avenue J‑8, and on 22^nd Street West from Avenue J to Avenue J‑4. For the Environmental Phase and the Design Phase of the project, the Finance Department's Purchasing Division, solicited qualifications through a Request for Proposal (RFP) from professional consulting firms. This professional services agreement for Project Approval and Environmental Document is for the Environmental Phase of the project. Professional services for the remaining design phase for plans, specifications, and estimates (PS&E) will be awarded separately.

CC 4. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-424, located west of 30th Street West approximately 1350 feet north of Avenue I, into Los Angeles County Sanitation District No. 14.
CC 4 attachment

The property owners within Annexation No. 14-424 are requesting sewer service for their property. Before sewer service can be provided, the property must first be annexed into Los Angeles County Sanitation District No. 14. Additionally, before the annexation may be approved, the agencies already providing services to the site must negotiate reallocation of the ad valorem taxes for the property being annexed. Los Angeles County Sanitation District No. 14 submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the property within the proposed annexation. This tax sharing resolution will provide Los Angeles County Sanitation District No. 14 with property tax revenues from the property proposed for annexation into the District.

CC 5. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-425, located on the northwest corner of Division Street and East Avenue H, into Los Angeles County Sanitation District No. 14.
CC 5 attachment

The property owners within Annexation No. 14-425 are requesting sewer service for their property. Before sewer service can be provided, the property must first be annexed into Los Angeles County Sanitation District No. 14. Additionally, before the annexation may be approved, the agencies already providing services to the site must negotiate reallocation of the ad valorem taxes for the property being annexed. Los Angeles County Sanitation District No. 14 submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the property within the proposed annexation. This tax sharing resolution will provide Los Angeles County Sanitation District No. 14 with property tax revenues from the property proposed for annexation into the District.

CC 6. Adopt Resolution No. 16-18, declaring its intention to summarily vacate and abandon offers to dedicate street right-of-way along Avenue K-12 and 95^th Street West.
CC 6 attachment

In 1982, the County of Los Angeles (County) was offered street right-of-way as per Instrument No. 82-1118120 recorded in the County of Los Angeles, State of California. Since such time the City has taken jurisdiction of said properties and has the right to accept said offers. Lancaster Highlands Solar II, a limited liability company (Developer), intends to develop the sites and requires the vacation and abandonment of the excess street right-of-way.

CC 7. Adopt Resolution No. 16-19, declaring its intention to summarily vacate and abandon offers to dedicate street right-of-way located along Avenues L-8 and L-4 and 84th and 82nd Streets West.
CC 7 attachment

In 1984, the County of Los Angeles (County) was offered street right-of-way as per Instrument No. 84-600243 recorded in the County of Los Angeles, State of California. Since such time, the City has taken jurisdiction of said properties and has the right to accept said offers. Lancaster Highlands Solar II, a limited liability company (Developer) intends to develop the sites and requires the vacation and abandonment of the excess street right-of-way.

CC 8. Approve the proposed Subordination, Attornment and Estoppel Agreement (Deed of Trust) with Clutter Motors, Inc. and Wells Fargo Bank and authorize the City Manager or his designee to execute all associated documents.
CC 8 attachment

In 2014, the City Council approved an agreement with Clutter Motors, Inc. which included the acquisition of an operating covenant guaranteeing the operation of the Lancaster Honda and Lancaster Subaru dealerships in the Lancaster Auto Mall for a period of 20 years. This action served to guarantee job creation and sales tax revenue generation. Today, Clutter Motors is preparing to invest approximately $2 million in upgrades to these dealerships, thus enhancing the Lancaster Auto Mall as well as the dealerships' potential to attract additional sales tax revenue. In order to secure the loan funding needed for this crucial construction project, Wells Fargo Bank and Clutter Motors have requested the City's approval of the proposed Subordination, Attornment and Estoppel Agreement. Such subordination agreements are standard operating procedure and have been regularly utilized in previous agreements of a similar nature.

PUBLIC HEARING.

PH 1. TEFRA Hearing/Approval of Multifamily Housing Revenue Bonds for Antelope Valley Apartments

This item will not be heard and will be considered at the May 24, 2016 City Council meeting.

NEW BUSINESS.

NB 1. Update on Recommended Grant Award through California Energy Commission

Recommendation:

Receive update on recommended grant award through California Energy Commission.

NB 2. Facilitate 48,000 Square Foot BYD Expansion through Amendments to the Executed Disposition & Development Agreement Between the City and BYD and the Executed Memorandum of Understanding Between the City and Rexhall Industries, Inc.
NB 2 attachment

Recommendations:

a. Approve the First Amendment to the Memorandum of Understanding between the City of Lancaster and Rexhall Industries, Inc; as well as the First Amendment to the Disposition & Development Agreement between the City, BYD Energy LLC, and BYD Coach & Bus LLC and authorize the City Manager or his designee to execute all related documents.

b. Appropriate $1,450,000 to Account No. 101-4330-912 Property Acquisition from General Fund reserves.

Under the leadership of Mayor R. Rex Parris, the Lancaster City Council has made local job creation and investment in alternative energy top priorities for the City. In pursuit of both these initiatives, the Council facilitated the development of BYD's electric bus manufacturing facility right here in Lancaster. This marked BYD's first manufacturing facility in the United States. Since coming to Lancaster in 2013, BYD has experienced a great deal of success which has led to the creation of more than 250 local jobs. Today, the firm is projecting a need to add at least 500 more jobs in the next two years. To facilitate this growth, BYD is planning a 48,000-square-foot expansion to its existing 120,000-square-foot facility. Approval of the recommended amendments would enable BYD to achieve this growth and thus create new jobs for residents of the Antelope Valley.

COUNCIL AGENDA.

CA 1. Update and possible action regarding potential City Parcel Tax
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. 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 24, 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.