3-25-14 CC-Agency-Authority Minutes

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

Tuesday
March 25, 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, March 21, 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

Pastor John Meadors, Christian Life Assembly

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Proclamation for National Autism Month (April)
   Presenter: Council Member Johnson

2. S.O.A.R. (Students On Academic Rise) High School Student of the Month - Tori Collins
   Presenter: Mayor Parris

SUCCESSOR AGENCY ACTIONS

NEW BUSINESS

SA NB 1. Adoption of Resolution approving the transfer of properties constructed and used for a public purpose.
SA NB 1 attachment

Recommendation:

Adopt Resolution No. SA 05-14, approving the transfer of properties constructed and used for a public purpose, as listed in the Long Range Property Management Plan ("LRPMP") amended and approved on February 6, 2014, from the Lancaster Successor Agency to the City of Lancaster, and authorizing the Executive Director and/or Chair of the Successor Agency to take all necessary actions to cause the transfer of these properties to the City of Lancaster for continued public use.

The Successor Agency initially prepared and obtained Oversight Board approval of its LRPMP on August 13, 2013. The LRPMP was subsequently amended and approved by the Oversight Board on January 7, 2014 and on February 6, 2014. The California Department of Finance issued a Final Determination Letter and approved the LRPMP, as amended, on February 21, 2014. The Successor Agency is now authorized to begin implementation of the approved LRPMP. This is a significant milestone in the dissolution of the Former Redevelopment Agency as the Former Redevelopment Agency's real property has been "frozen" since June 2011. The emancipation of the former Redevelopment Agency's assets to the community will allow for continued public use and development resulting in a stimulated job market, an increase in property values, and a higher standard of living for all residents.

COUNCIL ACTIONS

MINUTES

M 1. Approve the City Council/Successor Agency/Financing/ Power Authority Regular Meeting minutes of March 11, 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 February 23, 2014 through March 8, 2014 in the amount of $3,476,790.26.
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 February 2014, 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, the City of Lancaster and the Lancaster Housing Authority.

CC 4. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by AV Three Homes, LLC ("Subdivider") for Tract Map No. 060779, located on the northwest corner of Avenue J-8 and 32^nd Street West, extending the date of completion to February 14, 2015.
CC 4 attachment

On February 14, 2012, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 060779. The agreement expired February 14, 2014. On February 5, 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 AV Three Homes, LLC for Tract Map No. 060779, extending the completion date to February 14, 2015.

CC 5. Approve and accept an amendment to the Subdivision Undertaking Agreement submitted by Davidon Homes of California ("Subdivider") for Tract Map No. 062845, located on the northwest corner of Avenue M and 32^nd Street West, extending the date of completion to April 27, 2016.
CC 5 attachment

On January 8, 2008, the City and Subdivider entered into a Subdivision Undertaking Agreement to complete the required improvements for Tract Map No. 062845. The agreement will expire April 27, 2014. On January 30, 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 Davidon Homes of California for Tract Map No. 062845, extending the completion date to April 27, 2016.

CC 6. Approve the map and accept the dedications as offered on the map for Tract Map No. 060294, located on the northeast corner of 65^th Street West and Avenue J; 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; 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.
CC 6 attachment

The Final Map is in substantial conformance with the approved tentative map. Tract Map No. 060294 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 7. Approve the monumentation work for Tract No. 54370, located on the northwest corner of 70^th Street West and Avenue L-8. Owner: Reserve at Lancaster, LLC.
CC 7 attachment

The monumentation work on the above listed project has been completed by the Surveyor of Record for the subject subdivision map and has been inspected and found to be satisfactory to the City Engineer. Evidence of payment to the Surveyor of Record for completion of the monumentation work has been received.

CC 8.Approve the Renewable Generating Facility Site Ground Lease (“Lease”) for 9.26 acres at the northeast corner of 3rd Street East and Kettering Street with Mound Solar Owner VIII, LLC (“Mound Solar”) and authorize the City Manager to execute all documents and make any non-substantive changes necessary to complete the transaction.
CC 8 attachment

Staff has been working closely with US Topco (“Topco”) to develop an energy partnership that will allow for the development and construction of solar facilities throughout the City. On June 28, 2011, 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 LPA leased land to Topco for the construction of a solar generation facility on approximately sixteen (16.5) acres of land near the old fairgrounds at Division Street and Avenue H-8. This solar farm has since been constructed and is operational as of the end of January 2014. This Lease with Mound Solar, a Topco affiliate, for 9.26 acres at the northeast corner of 3rd Street East and Kettering Street is the sister project of the development at Division Street and Avenue H-8. This development will also sell energy to SCE under the CREST program and is expected to be constructed and operational by mid-summer 2014.
JOINT NEW BUSINESS

JNB 1. Solar Energy Site Lease Agreement, Recognition and Attornment Agreement, Memorandum of Property Lease, Memorandum of Solar Energy Site Lease Agreement, Agreement to Terminate Option Agreement, and Master Solar Purchase and Sale Agreement Termination Agreement with PsomasFMG, LLC
JNB 1 attachment

City Council Recommendation:

Approve the Recognition and Attornment Agreement and Memorandum of Property Lease with Psomas FMG, LLC (PsomasFMG) and authorize the City Manager to execute all documents and make any non-substantive changes necessary to complete the transaction.

Lancaster Power Authority Recommendation:

Approve the Solar Energy Site Lease Agreement, Memorandum of Property Lease, Memorandum of Solar Energy Site Lease Agreement, Agreement to Terminate Option Agreement, and Master Solar Purchase and Sale Agreement Termination Agreement with PsomasFMG, LLC (PsomasFMG) and authorize the Executive Director to execute all documents and make any non-substantive changes necessary to complete the transaction.

On October 11, 2011, LPA approved a Master Solar Power Purchase and Sale Agreement (MSPPSA) with PsomasFMG for the purchase and sale of energy to SCE under the CREST program. Under the terms of this agreement the LPA leased land to PsomasFMG for the construction of a 6 MW solar generation facility on approximately thirty-five (35) acres of land near Lancaster National Soccer Center. The Solar Energy Site Lease Agreement and supporting document revisions are necessary to accommodate developer lending requirements and the change in project size. Due to the constraints placed by SCE on interconnection, PsomasFMG will only be able to construct and interconnect 3 MW. As a result of the diminished project size, five (5) acres (APN 3170-008-909) is being relinquished back to the LPA for its use. However, even at its new size, this development is contributing greatly to the City's Net Zero Goal and will assist in pushing the City past the 50% mark of its Phase One goal.

NEW BUSINESS

NB 1. Agreement for a California Architectural Paint Recovery Program Collection Facility and Waste Paint Management Services
NB 1 attachment

Recommendation:

Adopt Resolution No. 14-12, a resolution authorizing and directing the City Manager, or his designee, to execute an Agreement with PaintCare Inc. (PaintCare) for a California Architectural Paint Recovery Program Collection Facility and Waste Paint Management Services Agreement.

Used or unwanted paint, stains, varnishes, sealers, etc. (paint products) are considered a hazardous waste in California and require special disposal. Properly disposing of paint products has become a costly activity for citizens and municipalities. The State of California recognizes this burden and has adopted the California Architectural Paint Recovery Program (Cal. Pub. Res. Code § 48700 et seq.) to help alleviate the costs of disposal. The Paint Stewardship Program was established to ensure that leftover paint products are properly managed in a manner that is sustainably funded. Currently, the only facility that accepts all paint products for proper disposal in the north county is the Antelope Valley Environmental Collection Center which is located at the Waste Management Facility in Palmdale. This Agreement, in conjunction with the recent award of a CalRecycle grant to construct and operate a household hazardous waste collection facility at the City's 24-Hour Recycling Center will allow our citizens to properly dispose of paint products locally. Volunteer municipalities and paint retailers will accept paint products from commercial and homeowner sources. PaintCare will loan paint collection equipment to the collection centers. PaintCare's contractors will pick up the paint products from the collection centers and deliver them to recyclers. This service will be free of charge for the collection center.

NB 2. Power Efficiency and DC Fast Charger License Agreement with Green Charge Networks, LLC

Recommendation:

Approve a Power Efficiency and DC Fast Charger License Agreement with Green Charge Networks, LLC to install an energy storage system and electric vehicle charging station at the Lancaster Museum of Art & History (MOAH) and authorize the City Manager or his designee to execute all related documents.

Lancaster Power Authority staff began working with Green Charge Networks to identify opportunities to implement energy storage at municipal facilities. The purpose of this effort was two-fold: 1) to continue progressing toward the City's aggressive net-zero energy goals, and 2) to identify new avenues for energy cost savings on City facilities. Research indicated that energy costs at the Lancaster Museum of Art & History (MOAH) could be reduced via installation of an energy storage system. The proposed agreement encompasses installation of not only an energy storage system, but also an electric vehicle (EV) charging station. The project is entirely funded by a grant from the California Energy Commission (CEC), which will be administered by Green Charge Networks.

NB 3. Lancaster Neighborhood Vitalization Commission update

Recommendation:

Receive and file Lancaster Neighborhood Vitalization Commission update

NB 4. California Department of Resources Recycling and Recovery 2013/14 Household Hazardous Waste Grant Program

Recommendation:

Approve the appropriation of $37,535.00 in grant funds from the California Department of Resources Recycling and Recovery 2013/14 Household Hazardous Waste Grant Program to Revenue Account No. 330-3304-501 and the following corresponding expense accounts: $30,860.00 to Building Account No. 330-4755-757, $3,975.00 to Hazardous Waste Handling Expense Account No. 330-4755-657, $945.00 to Reprographics Expense Account No. 330-4755-253, and $1,755.00 Salary Expense Account No. 330-4755-101.

The City of Lancaster was awarded $37,535.00 in grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) from October 2013 through April 2016 to fund the expansion of the City of Lancaster's 24-Hour Recycling Center to be capable of accepting household hazardous waste products. These funds will be used to provide a responsible disposal solution for Lancaster residents' household hazardous waste items. Funds are received on a reimbursement basis; this action creates the required account numbers.

NB 5. Appropriation of awarded grant funds from the Los Angeles Homeless Services Authority (LAHSA) Winter Shelter Program

Recommendation:

Approve the appropriation of $16,050 in awarded grant funds from the Los Angeles Homeless Services Authority (LAHSA) Winter Shelter Program (WSP) 2013-2014 to Revenue Account No. 261-3306-200 and corresponding Expense Account No. 261-4542-772.

The Winter Shelter Program addresses the basic shelter and service needs of homeless persons during the period in which Los Angeles County usually experiences its most inclement weather. The WSP will operate from November 1, 2013, to approximately April 15, 2014. The funds will be for operating and supportive service costs associated with providing shelter, housing and services to clients of the Lancaster Community Shelter while housed at the Antelope Valley Fairgrounds.

COUNCIL AGENDA

CA 1. Report on allocation of additional CDBG funds for homeless transition services
Presenter: Vice Mayor Crist

COUNCIL REPORTS

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

LANCASTER HOUSING AUTHORITY

No action required at this time.

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

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

Pursuant to action taken by the City Council/Successor Agency/Financing/Housing/Power Authority on December 10, 2013, there will not be a City Council/Successor Agency/Financing/Housing/Power Authority meeting on April 8, 2014, due to the City's General Municipal Election.

Next Regular Meeting:
Tuesday, April 22, 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.