CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/POWER AUTHORITY
REGULAR MEETING
AGENDA
Tuesday
September 27, 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, September 23, 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

PRESENTATIONS

1. Recognition of Jasmine Cisneros, 2016 gold medal winning Junior Olympic Boxer

   Presenter: Mayor Parris

2. Presentation of EPA Green Power Community
   Presenter: Patti Garibay, LCE Energy Manager - Programs

COUNCIL ACTIONS.

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting Minutes of September 13, 2016 amending a typographical error for Item No. CC 10; the correct Tract No. (43830) was provided correctly in the Staff Report and incorrectly on the Agenda.

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 28, 2016, through September 10, 2016 in the amount of $3,122,435.01.
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 August 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 agreement for acquisition of real property between the City of Lancaster and Pennymac Corp. for property located at 1023 West Avenue H-3, as part of the approved Neighborhood Stabilization Program (NSP 3).
CC 4 attachment

On February 22, 2011, pursuant to the Dodd-Frank Act of 2010, the City Council received and appropriated $2,364,566 for the Neighborhood Stabilization Program from the U.S. Department of Housing and Urban Development for NSP 3. The City received $1,096,136 in Program Income revenues from the sales of the NSP 3 homes which will be used to acquire, rehabilitate, and then resell the foreclosed homes. In addition, the City has $492,959 available from the original NSP 3 award, both of which will be used to purchase, rehabilitate, and then resell foreclosed homes in the expanded target areas as outlined in the Second Substantial Amendment to the Community Development Block Grant (CDBG) Consolidated Annual Action Plan approved May 27, 2014.

CC 5. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 43741 Gadsden Avenue, as part of the approved Neighborhood Stabilization Program (NSP 1).
CC 5 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 6. Appropriate $55,938.00 in CalRecycle Waste Tire Cleanup grant funds to expenditure accounts shown below, and estimate revenue in the same amount to 330-3304-208.
CC 6 attachment

The CalRecycle Waste Tire Cleanup Grant will allow for the removal of waste tires on public and private property for cases meeting specific criteria. The intent of the Waste Tire Program is to directly increase services to our citizens and the community as a whole, and enhance efforts to remove waste tires that are a health and safety hazard and a source of blight within the City. Additionally, the Waste Tire program conforms with the City's going green philosophy and works in harmony with the goals and directives of the Department of Housing and Neighborhood Revitalization.

CC 7. Approve the Subdivision Undertaking Agreement submitted by Forestar Dorado Skies, LLC ("Subdivider"), for Tract Map No. 061206 Phase 2, lots 35-113, located on the southeast corner of Avenue J and 35^th Street East, and authorize the City Engineer to execute the agreement once the required Improvement Securities are received and/or confirmation that the existing securities will remain valid and current for the term of this agreement.
CC 7 attachment

On December 11, 2012, the City and Subdivider entered into a Subdivision Undertaking Agreement ("Agreement") to guarantee the installation of improvements that were required as a condition of the recordation of Tract Map No. 061206 Phase 2. Due to the downturn in the economy, the Subdivider has been unable to complete the required improvements within the specified time frame of the Agreement and subsequent amendments thereto. The Agreement expired on December 11, 2014. On August 8, 2016, the City Engineer received a letter from the Subdivider requesting an extension to the agreement. Since the original agreement expired, a new agreement is required.

CC 8. Approve the agreement between the California High Speed Rail Authority and the City of Lancaster to reimburse City staff costs associated with the proposed high speed rail project, and authorize the City Manager to sign documents related to the agreement.
CC 8 attachment

The California High Speed Rail (CHSRA) project is proposed to be developed through the City of Lancaster. As part of this proposed project, the City will be involved in numerous discussions and reviews with the CHSRA involving City rights-of-way, utility, and other planning efforts. This will require the involvement of several key members of City staff over the next several years. The CHSRA has entered into agreements with most of the jurisdictions along the proposed route to reimburse the staff costs incurred by those jurisdictions. In this case, the City has estimated that staff associated with this initial planning effort would total in excess of $185,000.00 over the next several years. Approval of this agreement would allow the City to receive reimbursement for these costs. The agreement in no way binds the City to approve or support the project.

CC 9. Approve Amendment No. 2 to the Agreement for Urban Forest Management Services by and between the City of Lancaster and Tip Top Arborists, Inc., and authorize the City Manager, or his designee, to sign all documents.
CC 9 attachment

Amendment No. 1 to the Agreement for Urban Forest Management Services with Tip Top Arborists, Inc. was executed to extend the term to July 31, 2017. It is now recommended Amendment No. 2 is approved to increase the not to exceed total to $343,000 per each 12 month term. This increase is reflective of the City's desire to perform increased maintenance of City-owned trees contained within our Urban Forest Management Plan.

CC 10. Approve agreement for acquisition of real property between the City of Lancaster and Federal National Mortgage Association for property located at 44503 2 ^nd Street East, 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.

PUBLIC HEARINGS.

PH 1. TEFRA Hearing/Approval of Charter School Revenue Bonds for Beech Charter School Properties, LLC.
PH 1 attachment

Recommendation:

Adopt Resolution No. 16-50, approving the issuance of charter school revenue bonds (the "Bonds") by the California Municipal Finance Authority ("CMFA") in an aggregate principal amount not to exceed $5,000,000 for the financing of the acquisition of land and the improvements thereto located at 44339 Beech Avenue, Lancaster, California 93534 and the construction of additional improvements thereto pursuant to Section 147(f) of the Internal Revenue Code of 1986.

Founded in 2011, Life Source International Charter School's mission is to meet the needs of underserved and disadvantaged students of our community by supporting and expanding their academic and human potential. After five years in operation, Life Source is ready to take the next step in expanding its offerings to our local community. They are now seeking approval of a tax-exempt bond issuance which will enable them to purchase the property on which they are currently situated and make substantial tenant improvements in an effort to further enhance the educational setting for their students. Lancaster School District (LSD) issued Life Source its charter in 2011 and is in support of the City to proceed with hosting the TEFRA hearing and approving issuance of the bonds. As the governing body in Life Source's jurisdiction, the City is merely serving as a conduit in this process.

PH 2. Amendment to Title 17 of the Lancaster Municipal Code to Delete Minimum Off-street Parking Requirements in the C (Commercial) and CPD (Commercial Planned Development) Zones
PH 2 attachment

Recommendation:

Introduce Ordinance No. 1016, amending Title 17 of the Lancaster Municipal Code by deleting minimum off-street parking requirements in the C (Commercial) and CPD (Commercial Planned Development) zones.

The proposed amendment to Title 17 would eliminate the current off-street parking ratio requirements in the C and CPD zones. In place of these, the ordinance would establish that responsibility for determination of the number of off-street parking spaces rests with the developer, property owner, or authorized agent. The one exception to this is for assembly uses, such as churches, which at this point would remain subject to Director's Review, primarily because these uses have the potential to create high demand within relatively short periods of time. To the extent that on-site parking is provided, it would still need to meet City requirements for surfacing and marking of spaces. The primary reason for proposing this change is to shift the determination of off-street parking need from a calculation based on an arbitrary concept of "convenience" to one more grounded in the realities of market demand. In recommending this approach, staff has concluded that, despite good intentions, the City's regulatory approach has far more potential for negative outcomes than placing this responsibility in the hands of the private market.

NEW BUSINESS.

NB 1. Status report regarding the Lancaster Performing Arts Center

Recommendation:

Receive status report regarding the LPAC

COUNCIL REPORTS.

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

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. Dunnagan v. City of Lancaster, LASC Case No. BC 615917

7. Simmons v. City of Lancaster, LASC Case No. BC 615471

8. Celebron v. City of Lancaster, LASC Case No. BC 615587

9. Kay v. City of Lancaster, LASC Case No. MC 026015

10. Arredondo v. City of Lancaster, LASC Case No. BC 573151

11. 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 11, 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.