2-12-13 CC-Agency-Authority Minutes

2-12-13 Addendum

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

Tuesday
February 12, 2013
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, February 8, 2013
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/Authority Member Sandra Johnson
Council Member/Agency/Authority Member Ken Mann
Council Member/Agency/Authority Member Ronald D. Smith

Housing Authority

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

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: Johnson, Mann, Smith; Vice Mayor/Vice Chair Crist, Mayor/Chair Parris

ROLL CALL

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

INVOCATION

Pastor Timothy Stroup, Crosswind Community Church

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Presentation of support to Los Angeles County Sheriff Lee Baca and the Los Angeles County Sheriff's Department
   Presenter: Mayor Parris

2. Presentation to Lancaster Sheriff Department Captain Bob Jonsen
   Presenter: Mayor Parris and Sheriff Lee Baca

3. Presentation to Art Thompson, owner of Sage Cheshire, which built the capsule used for the Red Bull Stratos Project
   Presenter: Mayor Parris

HOUSING AUTHORITY ACTIONS

MINUTES

HM 1. Approve the Housing Authority Regular Meeting minutes of January 22, 2013.

LANCASTER POWER AUTHORITY ACTIONS

NEW BUSINESS

PA NB 1. Revised Ground Lease with PsomasFMG, LLC (PsomasFMG)
PA NB 1 attachment

Recommendation:

Approve a revised twenty (20) year Ground Lease with PsomasFMG, LLC (PsomasFMG) for 34.41 acres of land west of the Lancaster National Soccer Center (LNSC) and authorize the Executive Director to execute all documents necessary to complete the transaction and modify the Agreement, if necessary, with concurrence of legal counsel to complete the transaction.

On October 11, 2011, the LPA approved a Master Solar Power Purchase and Sale Agreement with PsomasFMG for the construction of a 6 MW solar generation facility on thirty (35) acres of City owned land west of the LNSC. On December 13, 2011, the LPA approved a two (2) year Option to Lease Agreement and a twenty (20) year Ground Lease with PsomasFMG to reserve approximately thirty-five (35) acres of land west of the LNSC to work cooperatively to design and construct a 6 MW photovoltaic solar generation facility. Since that time, there have been two significant changes in the solar project driven primarily by changes in the California Renewable Energy Small Tariff (CREST) program. First, the solar system size has been reduced from 6 MW to 3 MW. Secondly, the price of the solar electricity SCE has agreed to pay has been reduced from $0.1427/kWh to $0.126/kWh due to changes in the SCE CREST program. Based on these significant changes to the project, and the recent property appraisal, staff is proposing that the lease payment be reduced to $2,150 per acre annually, from the original proposal of $8,465 annually. This rate is reflective of current conditions and still provides the LPA with a reasonable and justifiable rate of return on this proposed partnership with PsomasFMG.

NEW BUSINESS

PA NB 2. Addendum to Master Power Purchase and Sale Agreement with US Topco
PA NB 2 attachment

Recommendation:

Approve the addendum to the Master Power Purchase and Sale Agreement dated June 28, 2011 and authorize the Executive Director to execute all documents necessary to complete the transaction.

On June 282011, the LPA approved and subsequently entered into a Master Power Purchase and Sale Agreement (MPPA) for the purchase and sale of energy to SCE under the CREST program. Under the terms of this agreement the City was to lease land to US Topco for the construction and development of solar generating facilities. The City of Lancaster's Oversight Board took the necessary steps to lease the property to US Topco in accordance with the agreement, which was subsequently denied by the DOF until such time as the DOF approves the Lancaster Successor Agency's Property Management Plan. As a result, staff is recommending your approval of this addendum to the agreement to provide clarity, and security to US Topco, that when the City receives authority to comply with the terms of the MPPA US Topco will have the first right of refusal to acquire the property. In addition, this addendum allows US Topco to proceed in the development of the property with some assurance that control of the property will be forthcoming.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of January 22, 2013.

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 January 6, 2013 through January 25, 2013 in the amount of $5,711,480.49.
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 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 information for each expenditure is available in the Finance Department.

CC 3. Adopt Ordinance No. 986, an ordinance of the City Council of the City of Lancaster, California, restating and amending Chapter 2.34 of the Lancaster Municipal Code relating to the Architectural and Design Planning Commission, Chapter 2.30 of the Lancaster Municipal Code relating to the Criminal Justice Commission and Section 2.04.080 of the Lancaster Municipal Code relating to the position of Deputy Mayor.
CC 3 attachment

As a practical matter, sunset provisions for discretionary and/or advisory commissions and positions created by a legislative body such as a City Council are unnecessary as the commissions or positions exist at the pleasure of the legislative body and can be revised or disbanded at any time by a majority of the legislative body. Therefore it is in the public interest and welfare to restate Chapter 2.34 (originally added by Ordinance No. 902), Chapter 2.30 (originally added by Ordinance No. 904) and Section 2.04.080 (originally added by Ordinance No. 944), to remove sunset provisions for the City's Architectural and Design Planning Commission, Criminal Justice Commission, and the position of Deputy Mayor.

CC 4. Adopt Resolution No. 13-06, authorizing the destruction of certain records (City Property Damage Claims, Claims Against the City, Risk Management Agendas, Summer Day Camp, Sports, Registration-Recreation Programs, Refunds-Recreation Programs, Recreation-City Facility Use, Repetitive Maintenance Reports, Antelope Valley Film Office, Accident/Incident/Damage Reports, Grants, Recreation Log Books, Accounts Payable Encumbrance Reports, Accounts Payable, Business License Files, Violation of Municipal Code-Business License, Banking Records, Financial Reports, Financial Reports-State Controller Reports, Payroll, Payroll-Registers, Payroll-Employee Files, State & Federal Income Tax, Purchase Orders, Parking Citations, Insurance-City as Insured, Insurance-City as Additional Insured, Appeals, Public Records Requests, Records Center Documentation, Subpoenas, Affidavits of Publication, Closed Session, Speaker Cards, Precinct Election Records, Absentee Voting Records, Inspector Receipts, Election Related Documents, Ballots, Election Correspondence, Plans and Plan Check).
CC 4 attachment

Section 34090 of the Government Code provides a procedure whereby any City record, which has served its purpose and is no longer required, may be destroyed. After a thorough review of the Records Retention Schedule, which was adopted by the City Council on September 12, 2000, it has been determined that certain records for Human Resources, Parks Recreation & Arts, Finance, City Clerk and Public Works, are ready for destruction.

CC 5. Accept the work constructed by ANM Construction & Engineering for Informal Bid No. 1203, Street Nuisance Water Improvements, Avenue K, 11^th Street East to Carol Drive, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project has been disbursed in accordance with California Public Contract Code.
CC 5 attachment

On August 14, 2012, Council awarded Informal Bid No. 1203, Street Nuisance Water Improvements, Avenue K, 11^th Street East to Carol Drive, to ANM Construction & Engineering. This project upgraded eight existing drainage outlets into standard curb opening catch basins, removing and restoring the existing leach system, correcting flow-lines in the gutters on Avenue K from 11^th Street East to Carol Drive, installing bio-filters and screens to reduce the amount of debris, silt and trash entering the system, and bringing six curb ramps up to ADA standards. Construction of the project has been completed to the satisfaction of the Director of Public Works.

CC 6. Approve the following developer installed sanitary sewer and accept this sewer for maintenance by the City and for public use for Tract No. 54370-02, Private Contract No. PC 04-55, located on the northwest corner of Avenue L-4 and 70^th Street West. Owner: KB HOME Coastal Inc.
CC 6 attachment

This sanitary sewer has been constructed and completed according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 7. Award of City Bid No. 562-12, Traffic Signal Equipment, STPL 5419(031), to the bidders listed on Table 1 - Award Recommendation, attached hereto for a total amount of $874,138.42, plus a 10% contingency. Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder in accordance with Government Code 54202 and City of Lancaster Municipal Code 3.32.210.
CC 7 attachment

This award will provide needed signal equipment inventory for our Maintenance Services Division to address maintenance items overdue for replacement and upgrade. The bid was developed as a multi-award solicitation so that the City had the option to award by line item or groups of line items to multiple vendors if it was more advantageous for the City to do so.

CC 8. Approve the addition of an expenditure Account No. 101-4660-223 (Soccer Gate Expense), to facilitate the collection and disbursement of entrance fees for Cal South events; approve appropriation of $40,000 to Account No. 101-4660-223 and increase estimated revenues in Account No. 101-3401-340 by the same amount.

Approval of the proposed recommendation will establish an expense account to appropriate $40,000 in Cal South admission fees that will be collected for the twelve tournament events hosted by Cal South this year at the James C. Gilley National Soccer Center.

NEW BUSINESS

NB 1. Building Incentive Stimulus Report

Recommendation:

Receive report on the City's Building Incentive Stimulus Program

NB 2. Downtown Property and Business Improvement District Report

Recommendation:

Receive report on the process to form a Downtown Property and Business Improvement District (PBID)

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 - November 15, 2012 meeting

Presenter: Council Member Mann

CR 2. Report on the Activities of the Board of Directors for the Antelope Valley Transit Authority

Presenters: Vice Mayor Crist and Council Member Mann

LANCASTER FINANCING 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

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

• Waterhouse v. Lancaster - Case No. CV 12-00923 SJO

• Doe v. Lancaster - Case No. "unknown"

• Palmdale v. Lancaster - Case No. BC443280

• Lancaster v. Housing Authority of the County of Los Angeles (HACoLA) Case No. MC023649

• Antelope Valley Allied Arts Association et al v. Lancaster et al, Los Angeles Superior Court Case No. BC488907

• Rubin v. Lancaster - United States District Court Case No. CV 10-4046 DSF (JCx)

• 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, February 26, 2013 - 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.