8-28-12 CC-Agency-Authority Minutes

CITY COUNCIL/SUCCESSOR AGENCY/
FINANCING/HOUSING/POWER AUTHORITY
REGULAR MEETING
AGENDA

Tuesday
August 28, 2012
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, August 24, 2012
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 Ronald D. Smith
Council Member/Agency/Authority Member Marvin Crist
Council Member/Agency/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann

Housing Authority

Chair Kitty Kit Yee Szeto
Vice Chair Ronald D. Smith
Authority Member Marvin Crist
Authority Member Cassandra Harvey
Authority Member Ken Mann

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/Housing 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/Housing/Power Authority

ROLL CALL
City Council/Authority Members: Crist, Johnson, Mann; Vice Mayor/Vice Chairman Smith, Mayor/Chairman Parris

ROLL CALL
Housing Authority Members: Crist, Harvey, Mann; Vice Chairman Smith; Chair Szeto

INVOCATION
Pastor Michael X. Richardson, Faith Chapel North, Church of God in Christ

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Leadership Speech Presentation – Raziel Nelson
   Presenter: Council Member Johnson
2. Recognition of IT Department and Intelesys One Team Members
   Presenter: City Manager Mark Bozigian

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of August 14, 2012.

CONSENT CALENDAR

HA CC 1. Approve the cancellation of the Housing Authority meetings for November 27, 2012 and December 25, 2012 and direct the City Clerk to post the required notices.

This item is on the agenda for the Authority to consider the cancellation of the November 27, 2012 and December 25, 2012 regular Housing Authority meetings due to the Thanksgiving and Christmas holidays.

POWER AUTHORITY ACTIONS

CONSENT CALENDAR

PA CC 1. Approve a revised 2-year Option to Lease Agreement (Option) and a revised 20-year Ground Lease with Morgan Solar USA, Inc. (Morgan), to reserve approximately 31 acres of land, west of the Lancaster National Soccer Center (LNSC), and to work cooperatively to design and construct a 6 megawatt concentrated photovoltaic solar generation facility. Authorize the Executive Director to execute all documents and make any non-substantive changes necessary to complete the transaction.
PA CC 1 attachment

On October 25, 2011, the LPA approved a Master Solar Power Purchase and Sale Agreement (MPA) with Morgan for construction of a 6-megawatt solar generation facility on City owned land west of LNSC. Subsequent to the January 2012 Board approval of an Option/Ground Lease with Morgan, revisions regarding payment and property were requested which affected the MPA. These revisions include a swap of two parcels between Morgan and US Topco thus changing the project size and location and a provision requiring payment for the option on the land of $500.00 per acre per year. The proposed revisions are necessary due to a restructuring and approval of revised MPA with Morgan on August 28, 2012.

PA CC 2. Approve the Revised Master Solar Power Purchase and Sale Agreement with Morgan Solar USA, Inc. (Morgan), to develop photovoltaic solar generation facilities on City owned property. Authorize the Executive Director to execute all documents, and make any non-substantive changes necessary to complete the transaction.
PA CC 2 attachment

On October 25, 2011, the LPA entered into a Master Solar Power Purchase and Sale Agreement (MPA) with Morgan to construct a renewable generation facility on land adjacent to the Lancaster National Soccer Center (LNSC). Subsequent to the Board approving the necessary Option/Ground Lease in January 2012, modifications to the MPA were proposed which primarily affect the method of payment and properties involved. These modifications provide for payment to be made directly from Southern California Edison to Morgan.

PA CC 3. Approve the Revised Master Solar Power Purchase and Sale Agreement with US Topco Energy Inc. (Topco), to develop photovoltaic solar generation facilities on City owned property. Authorize the Executive Director to execute all documents and make any non-substantive changes necessary to complete the transaction.
PA CC 3 attachment

On June 28, 2011, the LPA entered into an Amended and Reinstated Memorandum of Understanding (MOU) and Power Purchase Agreement (PPA) with Topco to construct renewable generating facilities on City owned property. Additionally, the MOU provided language to continue discussions to develop additional solar energy facilities on other city owned property. Under the current PPA, five (5) sites have now received approval from SCE under the CREST program; however, at the request of Topco, certain portions of the PPA need to be revised to allow for financing the development of the sites. These modifications provide for payment to be made directly from Southern California Edison to Topco.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of August 14, 2012.

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 July 29, 2012 through August 11, 2012 in the amount of $1,190,397.62.
CC 2 attachment

CC 3. Approve the Supplemental Check and Wire Registers for May 6, 2012 through May 26, 2012 in the amount of $7,920.00.
CC 3 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 wires 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 for each expenditure is available in the Finance Department.

CC 4. Adopt Ordinance No. 980 adding Chapter 8.56 to the Lancaster Municipal Code relating to the use of skateboards and other similar devices.
CC 4 attachment

The Ordinance was presented at the July 24, 2012 City Council meeting. At that meeting the City Council designated Council Member Crist to meet with staff and various stakeholders to consider modifications to the Ordinance. Subsequently the City invited representatives from the Sheriff’s Department, Artist Lofts, Pharmacy Board Shop, and BLVD Association to discuss their concerns and solutions to insure the public’s safety on the BLVD. As a result, a modified map was created to identify the no skateboard areas for public right-of-ways. The Ordinance also now includes reference to State law requiring helmets for skate boarders.

CC 5. Adopt the Joint Tax Resolution for proposed Annexation No. 40-142 (4-204), located at the southwest corner of Nugent Street and 38th Street East, into Los Angeles County Waterworks District No. 40, Antelope Valley.
CC 5 attachment

The property owners within Annexation No. 40-142 are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

CC 6. Adopt the Joint Tax Transfer Resolution approving and accepting the negotiated exchange of property tax revenue for proposed Annexation No. 2010-09, located north of Avenue M on 30th Street West, into the Quartz Hill Water District.
CC 6 attachment

The property owner within Annexation No. 2010-09 is requesting water service for their property. Before water service may be provided, the property must first be annexed into Quartz Hill Water District. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the taxes within the District.

CC 7. Approve the appropriation of $50,000.00 in recycling revenue to Revenue Account No. 101-3616-200 and corresponding Expense Account No. 101-4755-355.

In 2012, the Public Works Department constructed and opened the Antelope Valley’s first 24-Hour Recycling Center. It is estimated that the recycling center will generate over $50,000.00 in revenue annually. In order to expand the City’s recycling programs and continue to provide the community this opportunity to dispose of universal waste, it is necessary to appropriate recycling revenue into an assigned revenue and expense account. This funding will be used for administrative costs, community recycling events, promotions, outreach, education, and the cleanup of illegal dump sites as detailed on the staff report.

CC 8. Approve the developer constructed streets on the following project. In addition, accept the streets for maintenance by the City for Tract No. 062075, located on the northwest corner of Nugent Street and 22nd Street East. Owner: KB Home Coastal, Inc.
CC 8 attachment

The streets have been constructed and completed by the developer(s) according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 9. Approve the completed water system installed by the developer for Tract No. 062075, located on the northwest corner of Nugent Street and 22nd Street East. Owner: KB Home Coastal, Inc.
CC 9 attachment

The water system on this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District No. 40, Antelope Valley, and is constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Director of Public Works.

CC 10. Approve the map and accept the dedications as offered on the map; 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 for Tract Map No. 061542, located on the southeast corner of 57th Street West and Avenue J-12. Owner: AVE K22, INC.
CC 10 attachment

The Final Map is in substantial conformance with the approved tentative map. Tract Map No. 061542 has been examined by the City Engineer and is ready for Council approval. An Undertaking Agreement and Improvement Securities have been submitted to guarantee the installation of improvements.

CC 11. Approve the map and accept the dedications as offered on the map; 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 for Parcel Map No. 72015, located on the westerly cul-de-sac of West Avenue K-15 and Business Center Parkway. Owner: City of Lancaster.
CC 11 attachment

The Final Map is in substantial conformance with the approved tentative map. Parcel Map No. 72015 has been examined by the City Engineer and is ready for Council approval.

CC 12. Approve the cancellation of the City Council/Successor Agency/Financing/Power Authority meetings for November 27, 2012 and December 25, 2012 and direct the City Clerk to post the required notices.

This item is on the agenda for the City Council/Authority to consider the cancellation of the November 27, 2012 and December 25, 2012 regular City Council/Successor Agency/Financing/Power Authority meetings due to the Thanksgiving and Christmas holidays.

CC 13. Approve the Parking Lease Agreement with First Solar, Inc. and authorize the City Manager, or his designee, to sign all documents.

First Solar, Inc. is in the process of developing AV Solar Ranch One, a 230 MW solar facility near Avenue D and 170th Street West. Once completed, this facility will produce enough electricity to meet the annual energy needs of about 75,000 average homes, displacing approximately 140,000 metric tons of carbon dioxide per year – the equivalent of taking about 30,000 cars off the road. First Solar was interested in creating an employee ride share program and approached the City for assistance. The Parking Lease Agreement would allow First Solar to use the underutilized parking lot located on the northeast corner of Lancaster Boulevard and Sierra Highway for its employee ride share program. The lease would run through the end of the year with an option for additional use depending on the company’s need.

JOINT NEW BUSINESS

JNB 1. Transfer of certain real property from the City of Lancaster to the Lancaster Successor Agency
JNB 1 attachment

City Council Recommendation:
Adopt Resolution No. 12-61, a resolution of the City Council of the City of Lancaster, approving the transfer of properties from the City of Lancaster to the Lancaster Successor Agency.

Succesor Agency Recommendation:
Adopt Resolution No. SA 07-12, a resolution of the Lancaster Successor Agency, approving the transfer of properties from the City of Lancaster to the Lancaster Successor Agency.

On July 10, 2012 City Council took action transferring certain real properties from the City of Lancaster to the Lancaster Successor Agency based on recommendation from staff.

Given additional findings in this matter it is recommended that properties held by the City of Lancaster previously transferred from the former Lancaster Redevelopment Agency, with the exception of those purchased with Low/Mod Housing funds and/or transferred to the Housing Authority, be transferred to the Lancaster Successor Agency.

NEW BUSINESS

NB 1. Ordinance adding Chapter 9.44 to the Lancaster Municipal Code relating to Registered Sex Offenders
NB 1 attachment

Recommendation:
Introduce Ordinance No. 981 (the "Ordinance"), adding Chapter 9.44 to the Lancaster Municipal Code relating to registered sex offenders.

Statistics show that sex offenders have a dramatically higher recidivism rate for their crimes than other types of violent felons. On November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, the Sexual Predator Punishment and Control Act (commonly referred to as "Jessica’s Law") in order to better protect Californians, and in particular to protect children, from registered sex offenders. Proposition 83 enacted Section 3003.5(b) of the California Penal Code, which prohibits any registered sex offender from residing within 2,000 feet of any public or private school, or any park where children regularly gather. Section 3003.5(a) of the California Penal Code prohibits any person who is released on parole for a crime for which registration is required under Section 290 of the California Penal Code from living in a single-family dwelling with another sex offender during his or her parole, unless those individuals are related. Section 3003.5(c) of the California Penal Code expressly authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender.

COUNCIL AGENDA

CA 1. Discussion and possible action regarding extension of and modification to City Manager’s Agreement
Presenter: Mayor Parris

COUNCIL REPORTS

CR 1. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority
Presenters: Council Member Crist and Council Member Mann

LANCASTER FINANCING AUTHORITY
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

Conference with Legal Counsel--Personnel Matter - City Manager Performance Evaluation Government Code Section: 54957 (b)

Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(a)

• The Community Action League v. City of Lancaster - United States District Court Case No. 11-CV-4817-ODW-VBK
• CSCNAACP v. City of Lancaster, California Case Number: 09-11-0954-8
• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC45017
• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)
• Mongols Nation Motorcycle Club v. City of Lancaster, et al. Case No. BC439791
• Miracle Star Women's Recovering Community, Inc. et al. v. City of Lancaster, et al. LASC Case No. MC 020079
• Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior court Case No. BS 121501
• 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 Dist.,
  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, September 11, 2012 - 5:00 p.m.

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk Department 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. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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.