5-13-14 CC-Agency-Authority Minutes

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

Tuesday
May 13, 2014
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 9, 2014
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

Joanna DiGiovanna, Spiritual Assembly of the Baha'is of Lancaster

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Presentation to Joe Walker Middle School and Discovery School students and coaches for their participation in the VEX World Championship Robotics Competition

Presenter: Mayor Parris

2. Presentation by J.D. Kennedy in recognition of the City of Lancaster's support of the Los Angeles County Air Show

3. Commendation for Mark Norris in appreciation of his efforts in support of the Los Angeles County Air Show

Presenter: Mayor Parris

4. Waterworks Drought Plan Presentation

Presenter: Los Angeles County Waterworks District 40

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of April 22, 2014.

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 6, 2014 through April 26, 2014 in the amount of $6,616,583.17.
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 and accept the developer installed sanitary sewer for maintenance by the City and for public use for Tract No. 061078 Phase 2, Lots 13-22 and 25-49, Private Contract No. 05-31, located on the northwest corner of 15^th Street East and Avenue K-8. Owner: KB HOME Greater Los Angeles Inc.
CC 3 attachment

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

CC 4. Approve and accept the developer constructed street and accept the street for maintenance by the City for Site Plan Review No. 07-24, located at 1600 West Avenue J. Owner: Antelope Valley Healthcare.
CC 4 attachment

The street, curb, sidewalk, gutters, driveways, and sixty (60) linear feet of storm drain including a catch basin have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 5. Approve and accept the developer installed interior street trees for maintenance by the City for Tract No. 53102-02, located on the northwest corner of 45 ^th Street West and Avenue J-12. Owner: Magnolia L.P.
CC 5 attachment

The interior street trees have been installed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

CC 6. Approve and accept the completed off-site water system improvements installed by the developer for Tract No. 47583, located on Avenue I from 60 ^th Street West to 90^th Street West. Owner: K Hovnanian Forecast Homes, Inc.
CC 6 attachment

The off-site water system for 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 7. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Avenue K 22, LLC ("Subdivider") for Tract Map No. 061542, located on the south side of Avenue J-12 approximately 296 feet west of 56^th Street West, extending the date of completion to July 31, 2016.
CC 7 attachment

On March 13, 2012, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 061542. The agreement expired March 13, 2014. On March 12, 2014, the City Engineer received a letter from the Subdivider requesting an extension. Staff recommends that Council approve an amendment to the existing Subdivision Undertaking Agreement submitted by Avenue K 22, LLC for Tract Map No. 061542, extending the completion date to July 31, 2016.

CC 8. Award Public Works Construction Project No. 13-011, 2014 Pavement Management Program, BTA 1112-07-LA-04, Rebid, to Hardy and Harper, Inc. of Santa Ana, California, in the amount of $3,595,000.00, plus a 10% contingency, to repair and resurface forty-five (45) lane-miles of City streets; construct curb and gutter improvements and traffic striping with the construction of new bike lanes and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038(b).

As part of the Pavement Management Program, this project is designed to repair and resurface forty-five (45) lane-miles of City streets. The streets to be resurfaced include: Lancaster Boulevard from 20^th Street West to 30^th Street West and from Yucca Avenue to Challenger Way, Avenue J from Challenger Way to 20^th Street East, Avenue I from 67^th Street West to 87^th Street West, Avenue K-8 from 15 ^th Street West to 17^th Street West, 15^th Street West from Lancaster Boulevard to Avenue J, 20^th Street West from Avenue H to Avenue I, 20^th Street West from Avenue J-8 to Avenue L, 30^th Street East from Avenue H to Avenue I, and Fern Avenue from Avenue I to Lancaster Boulevard with a new asphalt concrete pavement surface, and curb and gutter improvements. New traffic striping will be installed that will allow for the construction of new bike lanes, conforming to the Master Plan of Trails and Bikeways.

CC 9. Award Public Works Construction Project No. 14-003, BYD Energy Road (Avenue J-11) Improvements to Granite Construction Company of Lancaster, California, in the amount of $446,669.00, plus a 15% contingency, for construction of road improvements, including solar lighting and landscaping and authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

This project includes the reconstruction of the south half of BYD Energy Road (Avenue J-11) and the construction of a new north half. Improvements include solar street lighting and landscaping irrigated with recycled water.

CC 10. Manufacturing License and Sales Agreement with Ecostar Science & Technology, Inc. for Road Maintenance Compounds and Materials

A. Authorize the City Manager or his designee to negotiate and execute a Manufacturing and Sales Agreement, and all other related documents, with Ecostar Science & Technology, Inc. for road maintenance compounds and materials.

B. Appropriate $560,000 from existing unallocated TDA Article 8 fund balance for the purchase of required equipment and infrastructure to Account No. 206-4740-753.

Over the last several months, City officials and staff have been working with representatives of Ecostar Science & Technology, Inc. (EST) testing and evaluating various slurries, seals, and other compounds for use on City streets. The products available through EST have proven to be superior in terms of quality, strength, and applicability for City road maintenance and restoration, either through the use of existing City staff or through contract arrangements. Entering a Manufacturing and Sales Agreement with EST will allow the City to more effectively and cost efficiently provide materials for road maintenance projects and initiatives, thereby allowing the City to address more lane miles on an annual basis than currently being completed.

CC 11. Adopt Resolution No. 14-18, a resolution of the City Council of the City of Lancaster, California, authorizing and requesting the installation of directional signage on California State Route 14 to Downtown Lancaster and authorize the City Manager or his designee to execute all related documents.
CC 11 attachment

Since its streetscape revitalization in 2010, Downtown Lancaster has undergone a dramatic transformation. Dubbed "The BLVD," the downtown area has not only returned to its former glory as the community center for the City of Lancaster; it is now a vibrant urban center for the entire Antelope Valley region. The BLVD has become one of the most popular destinations in the Antelope Valley for both residents and visitors alike. To make locating The BLVD easier for these visitors, The BLVD Association has proposed placing new signage along California State Route 14. Two proposed signs would direct northbound motorists to exit the freeway at Avenue K and southbound motorists to exit at Avenue I to access The BLVD. In accordance with the standards prescribed by the California Manual on Uniform Traffic Control Devices (CAMUTCD), the proposed signs would read "Downtown Lancaster." In order to place such signage, the California Department of Transportation (Caltrans) requires a resolution by the host city's City Council. This marks the first step in the process to installing directional freeway signage.

CC 12. Approve the Sub-Recipient Agreement between the City of Lancaster and Grace Resources to provide administration services of the Lancaster Homeless Shelter for the 2014 Community Development Block Grant (CDBG) Program Year.

In compliance with Federal Regulations Title 24, Part 570, Section 570.503, HUD requires that the City of Lancaster (the "Recipient") enter into a written agreement with Grace Resources (the "Sub-Recipient") in order for the City to grant its entitlement funds to the sub-recipient for providing administration services.

CC 13 . Approve the Sub-Recipient Agreement between the City of Lancaster and the Housing Rights Center to provide fair housing services to the residents of Lancaster for the 2014 Community Development Block Grant (CDBG) Program Year.

All municipalities receiving CDBG funding are required to maintain fair housing programs in order to affirmatively further fair housing pursuant to the Code of Fed eral Regulations as outlined in § 570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. The City's existing Sub-Recipient Agreement ("Agreement") with the Housing Rights Center stipulates under Section 9 that the Agreement can be renewed on an annual basis (July 1 through June 30), by the mutual written consent of both parties. As a result, a letter was received from the Executive Director of the Housing Rights Center, dated April 15, 2014, stating their desire to continue to provide fair housing services to the City of Lancaster.

PUBLIC HEARING

PH 1. City of Lancaster's 2014 One-Year Action Plan
PH 1 attachment

Recommendation:

Approve the proposed projects described herein for the City of Lancaster's 2014 One-Year Action Plan application to be submitted to the United States Department of Housing and Urban Development.

In order to proceed with the City's One-Year Action Plan Application, which serves as the formal document to the U.S. Department of Housing and Urban Development for CDBG funding, it is necessary for the City Council to take public testimony on proposed projects. The list of proposed projects for the 2014 CDBG One-Year Action Plan is in compliance with the City's Five-Year Consolidated Plan and Strategy along with U.S. Department of Housing and Urban Development (HUD) project eligibility criteria and program guidelines. Approval of the proposed list of projects will enable CDBG funding availability as of July 1, 2014, the start of the 2014 program year.

NEW BUSINESS

NB 1. Community Choice Aggregation (CCA)
NB 1 attachment

Recommendation:

Introduce Ordinance No. 997, declaring the City of Lancaster's intent to establish Community Choice Aggregation (CCA) and approving the associated implementation plan and authorize the City Manager or his designee to execute all related documents.

The City of Lancaster has earned global recognition for the many solar initiatives advanced through its utility, the Lancaster Power Authority (LPA). These initiatives have offered myriad benefits to our community, including advancing Lancaster's goal of becoming the world's first net-zero city; savings on energy costs for our community partners, which are primarily local school districts; and generating revenue for essential City services. Now that the vast majority of Lancaster's major facilities have been outfitted with solar energy systems, the next logical step in the development of the City's energy initiatives is to begin providing energy directly to local businesses and residents. The State of California has allowed for such progress through the passage of Assembly Bill 117, which authorizes cities and other government entities to aggregate electrical loads and become a Community Choice Aggregator (CCA) to provide power supply services to local customers.

NB 2. Annexation of Lancaster Business Park to the Lancaster Maintenance District
NB 2 attachment

Recommendation:

Adopt Resolution No. 14-19, a Resolution of the City Council of the City of Lancaster, California, approving the Engineer's Report and setting the time and place for Public Hearing and declaring its intention to annex Lancaster Business Park into Lancaster Landscape Maintenance District No. 1, and to levy and collect assessments pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California and California Constitution Article XIIID.

Previously, the property owners in the Lancaster Business Park were billed annually for the maintenance of the landscaped area in front of their properties and the Business Center Parkway median. The maintenance was provided through an agreement with the Lancaster Redevelopment Agency. The maintenance cost included labor and equipment, repair and irrigation supplies, fertilizing and utilities. Due to the dissolution of the Lancaster Redevelopment Agency, the property owners in the Lancaster Business Park do not have a provision to maintain landscaping. With adoption of the resolution, the City Council will set the date for a public meeting and a public hearing on July 8, 2014, at 5:00 p.m., to hear testimony concerning the annexation of the Lancaster Business Park to Lancaster Landscape Maintenance District No. 1.

NB 3. Purchase and Sale Agreement with Southern California Edison for the acquisition of the City of Lancaster's streetlights
NB 3 attachment

Recommendation:

Authorize the City Manager and City Attorney to negotiate the final terms of the Purchase and Sale Agreement with Southern California Edison (SCE) for the acquisition of the City of Lancaster's 17,856 LS-1 streetlights for an amount not to exceed $12,200,000 (acquisition and transaction costs), execute all required documents and make any non-substantive changes necessary to complete the transaction.

In early 2012, City staff and SCE again began exploring the possibility of the City acquiring the streetlights from SCE. Throughout 2012 City staff met with SCE staff to determine the process by which the valuation and sale must take place in order to be compliant with the California Public Utilities Commission (CPUC). Since the City's acquisition was poised to be the first one in SCE territory, City staff worked closely with SCE and CPUC staff to finalize a methodology for the valuation and process for the disposition of the asset. Because SCE is regulated by the CPUC, all dispositions of assets must be approved through the CPUC's Code Section 851 application process and in July 2013 City staff along with SCE met with the CPUC staff who handle all 851 applications. In January 2014 SCE finalized a complete system audit and presented a not-to-exceed purchase price of $12.2 million for 17,856 streetlights. This valuation was determined using Replacement Cost New Less Depreciation methodology which has historically been the approach to valuation assessment for other streetlight transfers. The Purchase and Sale Agreement with SCE is an attachment required by the CPUC Section 851 application process and sets forth the terms and conditions of the sale of the streetlights. If approved, the Purchase and Sale Agreement would complete the Section 851 application, which would then be submitted to the CPUC for review.

NB 4. Cooperative Agreement; Project Study Report - Project Development Support (PSR-PDS) for PWCP 13-019, SR-138 (SR-14) and Avenue M Interchange project
NB 4 attachment

Recommendations:

A. Approve a cooperative agreement with CALTRANS in the amount of $350,000.00, with a 5% contingency, to develop, review and approve the project initiation documents (PID) as reimbursable work for the PWCP 13-019, SR-138 (SR-14) and Avenue M Interchange Project and authorize the City Manager, or his designee, to sign all documents. CALTRANS and the City of Lancaster are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per Government Code 65086.5

B. Appropriate $220,000.00 in Measure R funds to Account No. 210-15BR005-924 to provide sufficient funds for this phase of the project, and increase estimated revenues in Account No. 210-3320-100 by the same amount.

On March 8, 2013, Metro executed Funding Agreement #MOU.MR330.06, for the SR-138 (SR-14) Avenue M Interchange, granting $20 million dollars to fund all phases of the project from project initiation documents through construction of interchange improvements as well as local street improvements on Avenue M from 10^th Street West to 20^th Street West. This cooperative agreement will allow CALTRANS to work directly with the City to prepare the PID and facilitate processing, review, and approval through the various units within Caltrans in a timely and cost effective manner.

NB 5. PWCP 13-018, SR-138 (SR-14) and Avenue K Interchange Project
NB 5 attachment

Recommendation:

Approve a professional services agreement with TRC Solutions, Inc. of Irvine, California in the amount of $273,885.71, with a 5% contingency, to develop the project initiation documents (PID); produce the Project Study Report (PSR) for the PWCP 13-018, SR-138 (SR-14) and Avenue K Interchange project; 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.

On March 8, 2013, Metro executed Funding Agreement #MOU.MR330.02, for the SR-138 (SR-14) Avenue K Interchange, granting $15 million dollars to fund all phases of the project from project initiation documents through construction of interchange improvements, as well as, local street improvements on Avenue K from 10^th Street West to 20^th Street West and on 15^th Street West between Avenue K and Avenue J-8. The Finance Department, Purchasing Division, solicited qualifications through a Request for Proposals (RFP) from professional consulting firms. TRC Solutions, Inc. (TRC) ranked No. 1 at the end of the selection process. The firm's experience in processing interchange projects through all Caltrans phases, strong leadership, District 7 relationships, understanding of project complexity and importance of interchange, as well as, local improvements at this heavily used corridor, and understanding of the City's direction towards complete streets and the desire for context sensitive solutions supports the recommendation to retain the services of the selected firm. This professional services agreement is for the Planning Phase (PSR-PDS). Professional services for the remaining Environmental Phase (PA&ED) and Design Phase (PS&E) are to be awarded separately.

NB 6. Lancaster-West Rotary Club Youth/Community Service Grant

Recommendation:

Approve an appropriation in the amount of $1,500 to Account No. 106-4644-772 for the Lancaster-West Rotary Club Youth/Community Service Grant and increase Revenue Account No. 106-3208-103 by the same amount.

Lancaster was awarded $1,500 by Lancaster-West Rotary Club for the Open Studio classes hosted by the Special Classes & Facility Rental Division of the Parks, Recreation & Arts Department. This grant was awarded by Lancaster-West Rotary to afford seniors enhanced access to stimulating activities and socialization by providing discounted registration rates for the City's Open Studio courses during FY 2014/2015. Grant funds will support model fees for this program, making it possible for the City to reduce registration rates to senior patrons.

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 - April 17, 2014 meeting

Presenter: Council Member Mann

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) - four potential cases.

2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - one potential case.

3. Conference with Legal Counsel--Existing Litigation - Government Code Section 54956.9(d) (1)

4. Coalition for Open Government v. City of Lancaster, Case No. BC499047

5. Quartz Hill Cares v. City of Lancaster, Case No. BS 122336

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

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

8. Save Our Neighborhood Group v. City of Lancaster, et al. Los Angeles Superior Court Case No. BS 121501.

9. Shabazz v. Parris, USDC, Central Case No. CV12-5803 SVW (JEM)

10. 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 27, 2014 - 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.