Logicalis, Inc.
Quotation # 2022-133254v7
City of Lancaster - City Refresh Switches & APs
Quotation # 2022-133254v7
Customer Name & Address
Logicalis Account Executive
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534-2461
Jesse Zepeda
Corona, CA 90602
+1 9513932313
[email protected]
Bill To Address
Ship to Address
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534-2461
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534-2461
Quotation expiration date: August 31, 2022
This Quotation adheres to the pricing requirements of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 contract.
MOAH
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
1 1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
2 1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
3 1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 4 1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 5 1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
6 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 7 1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
8 1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 9 1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 10 1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 11 1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
12 1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 13 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
14 1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
MOAH
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products Subtotal
$10,724.57
MOAH Subtotal
$10,724.57
MOAH Tax
$951.93
MOAH Total
$11,676.50
LPAC
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
15 1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
16 1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
17 1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 18 1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 19 1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
20 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 21 1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
22 1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 23 1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 24 1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 25 1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
26 1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 27 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
28 1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$10,724.57
LPAC Subtotal
$10,724.57
LPAC Tax
$951.93
LPAC Total
$11,676.50
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
Yard
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
29 3 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $19,788.06
30 3 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $2,325.18
31 3 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 32 3 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 33 3 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $3,371.22
34 6 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 35 3 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
36 3 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $177.45 37 3 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 38 3 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 39 3 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $1,987.26
40 3 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $4,524.54 41 3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
42 3 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
43 9 MR46-HW Meraki MR46 Wi-Fi 6 Indoor AP $1,132.03 $10,188.27 44 9 LIC-ENT -1YR Meraki MR Enterprise License; 1YR $88.59 $797.31 45 4 MR86-HW Meraki MR86 Wi-Fi 6 Outdoor AP $1,738.84 $6,955.36 46 4 LIC-ENT -1YR Meraki MR Enterprise License; 1YR $88.59 $354.36 47 8 MA-ANT -20 Meraki Dual-band Omni Antennas $141.23 $1,129.84 Products Subtotal
$51,598.85
Y ard Subtotal
$51,598.85
Y ard Tax
$4,728.81
Y ard Total
$56,327.66
Stadium
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
Stadium
Item
Qty
Part Number
Description
Unit Price
Extended Price
48 1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
49 1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
50 1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 51 1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 52 1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
53 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 54 1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
55 1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 56 1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 57 1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 58 1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
59 1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 60 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
61 1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$10,724.57
Stadium Subtotal
$10,724.57
Stadium Tax
$951.93
Stadium Total
$11,676.50
City Hall Exp - MDF
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
62 1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
63 1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
64 1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 65 1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 66 1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
City Hall Exp - MDF
Item
Qty
Part Number
Description
Unit Price
Extended Price
67 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 68 1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
69 1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 70 1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 71 1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 72 1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
73 1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 74 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
75 1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$10,724.57
City Hall Exp - MDF Subtotal
$10,724.57
City Hall Exp - MDF Tax
$951.93
City Hall Exp - MDF Total
$11,676.50
City Hall Exp - IDF 126
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
76 2 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $13,192.04
77 2 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $1,550.12
78 2 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 79 2 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 80 2 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $2,247.48
81 4 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 82 2 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
83 2 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $118.30 84 2 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 85 2 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 86 2 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $1,324.84
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
City Hall Exp - IDF 126
Item
Qty
Part Number
Description
Unit Price
Extended Price
87 2 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $3,016.36 88 2 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
89 2 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$21,449.14
City Hall Exp - IDF 126 Subtotal
$21,449.14
City Hall Exp - IDF 126 Tax
$1,903.85
City Hall Exp - IDF 126 Total
$23,352.99
City Hall Exp - IDF 156
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
90 2 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $13,192.04
91 2 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $1,550.12
92 2 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 93 2 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 94 2 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $2,247.48
95 4 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 96 2 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
97 2 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $118.30 98 2 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 99 2 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 100
2 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $1,324.84
101
2 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $3,016.36 102
2 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
103
2 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$21,449.14
City Hall Exp - IDF 156 Subtotal
$21,449.14
City Hall Exp - IDF 156 Tax
$1,903.85
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
City Hall Exp - IDF 156
Item
Qty
Part Number
Description
Unit Price
Extended Price
City Hall Exp - IDF 156 Total
$23,352.99
City Hall Exp - IDF 189
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
104
1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
105
1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
106
1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 107
1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 108
1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
109
2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 110
1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
111
1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 112
1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 113
1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 114
1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
115
1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 116
1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
117
1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$10,724.57
City Hall Exp - IDF 189 Subtotal
$10,724.57
City Hall Exp - IDF 189 Tax
$951.93
City Hall Exp - IDF 189 Total
$11,676.50
City Hall Exp - IDF 173
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
118
1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
City Hall Exp - IDF 173
Item
Qty
Part Number
Description
Unit Price
Extended Price
119
1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
120
1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 121
1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 122
1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
123
2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 124
1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
125
1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 126
1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 127
1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 128
1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
129
1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 130
1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
131
1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$10,724.57
City Hall Exp - IDF 173 Subtotal
$10,724.57
City Hall Exp - IDF 173 Tax
$951.93
City Hall Exp - IDF 173 Total
$11,676.50
City Hall Exp - IDF 197c
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
132
1 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $6,596.02
133
1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
134
1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 135
1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 136
1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $1,123.74
137
2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 138
1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
City Hall Exp - IDF 197c
Item
Qty
Part Number
Description
Unit Price
Extended Price
139
1 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $59.15 140
1 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 141
1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 142
1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $662.42
143
1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $1,508.18 144
1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
145
1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$10,724.57
City Hall Exp - IDF 197c Subtotal
$10,724.57
City Hall Exp - IDF 197c Tax
$951.93
City Hall Exp - IDF 197c Total
$11,676.50
City Hall Exp - IDF 213
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
146
3 C9300-48U-E Catalyst 9300 48-port UPOE; Network
Essentials
$6,596.02 $19,788.06
147
3 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $2,325.18
148
3 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 149
3 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 150
3 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,123.74 $3,371.22
151
6 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 152
3 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
153
3 STACK-T1-50CM 50CM Type 1 Stacking Cable $59.15 $177.45 154
3 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 155
3 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 156
3 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$662.42 $1,987.26
157
3 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,508.18 $4,524.54 158
3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
City Hall Exp - IDF 213
Item
Qty
Part Number
Description
Unit Price
Extended Price
159
3 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
Products Subtotal
$32,173.71
City Hall Exp - IDF 213 Subtotal
$32,173.71
City Hall Exp - IDF 213 Tax
$2,855.78
City Hall Exp - IDF 213 Total
$35,029.49
SFPs
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
160
4 SFP-10G-SR-S= 10GBASE-SR SFP Module; Enterprise-Class $516.59 $2,066.36 161
6 SFP-10G-LR-S= 10GBASE-LR SFP Module; Enterprise-Class $1,475.25 $8,851.50 Products Subtotal
$10,917.86
SFPs Subtotal
$10,917.86
SFPs Tax
$1,119.08
SFPs Total
$12,036.94
Professional Services
Item
Qty
Part Number
Description
Unit Price
Extended Price
Services - Fixed Fee
162
1 PS Project Initiation $17,250.11 $17,250.11
163
1 PS Project Completion $17,250.11 $17,250.11
Services Fixed Fee Subtotal
$34,500.23
Professional Services Total
$34,500.23
Training Credits
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
164
2 TRN-CLC-001 100 Training credit. Expires in 1 yr. Team Captain required
$0.00 $0.00
Products Subtotal
$0.00
Training Credits Total
$0.00
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
Grand Total
Products and Services Subtotal:
$247,160.92
Sales Tax (estimated):
$19,174.87
Grand Total:
$266,335.79
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
Services Statement of Work
Professional Services
Communication & Network Services - Route / Switch
Tasks and Activities
1 Plan
1.1 Data Gathering
1.1.1 Gather solution requirements and design for project implementation
1.1.2 Data gathering for (17) (9300) series switch(es)
1.1.3 Data gathering for layer two design such as VLAN's, spanning-tree, port security, etc.
1.1.4 Data gathering for layer three design, routing protocols, redistribution, filters, etc.
1.2 Implementation Planning
1.2.1 Layer two design including VLANs, spanning-tree, port security, etc.
1.2.2 Layer three routing design including routing protocols, redistribution and filters
1.2.3 Implementation plan creation and technical review
2 Implement
2.1 Device Staging
2.1.1 Unbox, power, verify and update IOS on (17) 48-port access switch(es)
2.2 Physical Device Implementation
2.2.1 Brownfield build - rack (17) 48-port access switch(es) and re-patch to network (cable cleanup not included)
2.2.2 Cabling cleanup including: Cabling Dressing and Labeling
2.3 Implementation Configuration
2.3.1 Configuration of (17) (9300) additional stackable switch(es) per implementation plan
2.3.2 Configuration of layer two per implementation plan
2.3.3 Configuration of layer three routing per implementation plan
3 Validate
3.1 System Cutover
3.1.1 Turn up and testing during business hours
4 Support
4.1 Day One Support
4.1.1 Provide (8) hours of first business day support
Communication & Network Services - WiFi
Tasks and Activities
1 Plan
1.1 Implementation Planning for Installation
1.1.1 Gather solution requirements for project implementation
1.1.2 Review and validation of the project implementation strategy, documentation and desired outcomes
1.1.3 Implementation plan creation and technical review for (1) WLAN appliances or virtual machines
2 Implement
2.1 Wireless LAN Controller
2.1.1 Configure (1) WLC(s) per the implementation plan
2.1.2 Implement configuration for (13) access points on WLC
2.1.3 Document AP MAC/name/location for (13) aps
2.1.4 Deploy switchport configuration for AP's on (13) switches
2.1.5 Setup (3) SSID(s) configuration in WLC
2.2 Installation
2.2.1 WAP Installation
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
3 Validate
3.1 Cutover
3.1.1 Cutover system into production (including testing) (6) WLAN appliances or virtual machines
Deliverables
• Implementation Plan
• As Built document with device configuration files
Project Management
The assigned Logicalis Project Manager will be responsible for providing the following services: Project Management (Medium Rigor) Planning
• Project kick-off call agenda & notes
• Project kick-off call facilitation
• Identify project team and define roles & responsibilities • Resource Scheduling
• Project Work Breakdown Structure (WBS) & Gantt creation • Supplemental project information management
Execution
• Product tracking, if applicable
• Project status call agenda & notes
• Weekly project status call facilitation
• Weekly project status report, consisting of:
1. Overall Health Status
2. Schedule, Risk & Budget Key Performance Indicator (KPI) Reporting
3. Percentage Complete
4. Project Phase
5. High Level Accomplishments
6. Current Activities / Upcoming Activities
7. Past Due Activities
8. Project Issues
9. Financial & Hours Summary, applicable to T&M projects • Resource management & allocation
• Project WBS & milestone management
• Project escalations
Monitoring & Controlling
• Project Deliverable review and delivery, as applicable • Scope management
• Document Project Change Requests (PCRs), if applicable • Timeline & budget monitoring
• Project performance measurement
• Risk monitoring
Closing
• Project closure call
• Project Closure and Acceptance processing
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
Terms and Conditions
Terms Applicable to All Sales
1. In the event Customer chooses to lease the Products and/or Services from a third party leasing company, Customer remains liable for payment to Logicalis for all Products and/or Services purchased until Logicalis receives payment from such leasing company.
2. All items not specifically included in this document are out of scope.
3. Prices are valid for 30 days from date of the document unless otherwise stated.
4. The information in this document is considered proprietary and confidential to Logicalis. By acceptance of this Quotation, Customer agrees to maintain this confidentiality and use such information for internal purposes only.
Terms Applicable for Product Sales
1. To the extent applicable, the terms of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 are incorporated herein by reference. For all other terms not addressed in the previously stated contract, Logicalis Terms of Sale, found on our website at www.us.logicalis.com/tcsales apply and are incorporated herein by reference.
2. Any variation in quantity or requested delivery may result in price changes.
3. Prices are subject to change without notice in the event the Product's manufacturer/distributor changes the price to Logicalis.
4. Shipping and taxes are added at time of invoice. Shipping charges are subject to handling fees for specifying carriers and same day shipments.
5. Logicalis collaborates with the OEM/distributor to schedule delivery to Customer’s loading dock; inside delivery is available upon request and may increase the cost of delivery.
6. To the extent this Quotation includes Cisco Cloud Services, the following link shall apply:
www.cisco.com/c/en/us/about/legal/cloud-and-software/cloud-terms.html. “Cisco Cloud Services” shall mean any of the offerings described on the aforementioned link. If Customer does not issue a purchase order to Logicalis or otherwise accept a Logicalis quotation to renew such Cisco Cloud Services, or does not otherwise provide written notice of non-renewal, at least forty-five (45) days prior to the end of the then-current subscription term thereof, then the Cisco Cloud Services shall automatically renew and Customer agrees to pay Logicalis for such renewed subscription term at the rates charged by Logicalis therefor.
Terms Applicable for Services Sales
1. To the extent applicable, the terms of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 are incorporated herein by reference. For all other terms not addressed in the previously stated contract, Logicalis Terms of Sale, found on our website at www.us.logicalis.com/tcsales apply and are incorporated herein by reference.
2. In the event Customer reschedules delivery of Services within fourteen (14) calendar days of a scheduled delivery date, Logicalis reserves the right to charge Customer $1600 per day for each scheduled resource, plus any additional travel or other out of pocket expenses incurred as a result of the delay.
3. General customer responsibilities, project assumptions, change management processes, and other terms applicable to the delivery and receipt of services (as applicable to this Quotation), found at us.logicalis.com/ gcr, are incorporated herein by reference.
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
4. Unless otherwise mutually agreed upon, reasonable travel expenses will be tracked separately and billed directly to Customer. Travel expenses will include cost incurred from travel (airfare, rental car, mileage, tolls and lodging). Meals, if any, will be billed at the per diem rate of $65.
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
Quotation Acceptance
By signing below, the undersigned accepts this offer and confirms that he/she is authorized to purchase these items on behalf of Customer. This offer may be accepted by purchase order or other acknowledgement of acceptance, including, without limitation, by signing this document. Any reference to a Customer's Purchase Order or P.O. number does not indicate Logicalis' acceptance of terms and conditions referenced on/attached to any such P.O.
Accepted By:
City of Lancaster
Accepted By:
Logicalis, Inc.
\s1\
Signature
\s2\
Signature
\n1\
Printed Name
\n2\
Printed Name
\t1\
Title
\t2\
Title
\d1\
Date
\d2\
Date
© 2022 Logicalis, Inc. All trademarks are acknowledged. All rights reserved.
City of Lancaster
July 14, 2022
Logicalis, Inc.
Quotation # 2022-133254v7
STAFF REPORT
City of Lancaster
CC 13
9/13/2022
JC
Date: September 13, 2022
To: Mayor Parris and City Council Members
From: Rosa Cardenas, Senior Administrative Assistant
Subject: Animal Control Services Agreement
Recommendation:
Approve the renewal of the City-County Municipal Services Agreement and Service Level Request between the City of Lancaster and the County of Los Angeles for Animal Control Services provided by the Los Angeles County Animal Care and Control (LACACC); and authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
$1,260,000; sufficient funds are available in account 101-4820-363. All animal control service contract costs are considered and approved annually by the City Council as a component of the City’s budget development and adoption process.
Background:
In July 2019, the City Council entered into the current annual City-County Municipal Services Agreement with the County of Los Angeles for animal control services provided by the Los Angeles County Animal Care and Control (LACACC). That agreement expires on June 30, 2024.
Under the proposed renewal agreement, LACACC would continue to provide general animal control services within the city limits of the City of Lancaster. Per the terms of the agreement effective from July 1, 2022 through June 30, 2024, unless terminated sooner per procedures outlined in the agreement. Specific provisions of animal control activities are directed by the City through the City budget process, city ordinances, the LACACC City-County Municipal Services Agreement and overall management of animal control operations and programs by City Public Safety staff and LACACC command staff.
Attachment:
City-County Municipal Services Agreement
redef ining
CARE
Marcia Mayeda, Director
September 10,2019
Mr. Mark Bozigian
City Manager
City of Lancaster
44933 North Fern Avenue
Lancaster, CA 93534
Dear Mr. Bozigian
EXECUTED SERVICES AGREEMENT AND SERVICE LEVEL REQUEST
Enclosed is one fully executed copy of the City-County Municipal Services Agreement between the City of Lancaster and the County of Los Angeles Department of Animal Care and Control. The Agreement remains in effect until June 30, 2024, unless terminated sooner.
lf you have any questions, please do not hesitate to contact Ms. Whitney Duong, Contracts and Grants Division Liaison, at [email protected] or (562) 256-2412.
Sincerely,
MARCIA MAYEDA
Director
MM:WD:mr
s:\cc\sa\fy 19-20\executed service agreement letter 9-10-19 Enclosure
LOS ANCELES COUNTY
ANIMAL CARE &CONTROL
REGEI
sEP 1' 20le
PUBLIC SAFETY
VED
Agoura ACC
29525 Agoura Road
Agoura Hills, CA 9130'l
{8 18} 991-0071
Lancaster ACC
5210 W Avenue I
Lancaster, CA 93536
{661} 9,104191
Baldwin Park ACC
4275 N Elton $treet
Baldwin Fark, CA 91706
(&26l' 562-3577
Palmdale ACC
38550 Sierra l-iighway
Palmdale. CA 93550
(661 l 575-?488
Carson/Gardena ACC
2'lS W. Victoria Street
Gardena, CA 30248
{310i 523-95€,5
Castab ACC
31044 N, Chadie Canyon Rd.
Castaic. CA 91384
{651} 257-31 91
DowneyACC
11258 S Garfield Ave,
Downey, CA9024?
{562} 940-6898
Administrative Office
5898 CherryAvenue
Long Beach" CA 90805
{800} 253-3555
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CITY-COUNTY MUNICI PAL SERVICES AGREEMENT
TABLE OF CONTENTS
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF LANCASTER
PARAGRAPH
RECITALS
1.0 2.0
3.0 4.0
6.0 7.0
8.0 9.0
10.0 11.O
12.0 13.0
14.0 15.0
TITLE
AGREEMENT TO PROVIDE SERVICES UNDER
ADMINISTRATION OF PERSONNEL
DEPLOYMENT OF PERSONNEL
PERFORMANCE OF CONTRACT
INDEMNIFICATION
TERM OF CONTRACT
RIGHT OF TERMINATION
CONTRACT SUM
PAYMENT PROCEDURES
NOTICES
AMENDMENTS
AUTHORIZATION WARRANTY
ENTIRE AGREEMENT
CONSTRUCTION OF AGREEMENT
I MPLEMENTATION OF AGREEMENT
COUNTERPARTS
PAGE
5.0 2
2 3
4 4
5 o
6 6
7 I
8 8
I
I
I
I
10 16.0
SIGNATURES
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF LANCASTER
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT ("Agreement") between the COUNTY oF Los ANGELES ("the county") and the clry oF LANCASTER ("the City"), together known as "the Parties," is made and entered into July 1 ,2019, or when signed by all Parties, whichever is later.
RECITALS
The City desires to contract with the County to perform the animal care and controlfunctions described in this Agreement; and
The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
Such agreements are authorized and provided for by the provisions of Section 56-112 and 56-3/4 of the Charter of the County of Los Angeles and Section 51300 et seq. of the Government Code of the State of California.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:
1.0AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1The County agrees, through the County Department of Animal Care and Control ("the Department"), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.
1.2 Except as othenruise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of ritle 10, "Animals," of the Los Angeles county code, and all amendments enacted to Title 10, except as othenruise agreed by the Parties in the most recently executed Service Level Request. tt
b
c.
2.0 ADMINISTRATION OF PERSONNEL
2.1The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.
2.2ln the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such seryices, the City will be consulted and agreement between the Parties attempted. lf agreement cannot be reached, the County will make the final and conclusive determination of the dispute.
2.3All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and the County.
Except as othenruise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including collection of license fees, penalties, or field enforcement fees.
Field enforcement fees will only be collected by the Department for services performed by employees of the Department.
2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.
2.5The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.
2.6The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.
3.0 DEPLOYMENT OF PERSONNEL
The Department in cooperation with the City will determine how to provide the services required by the Agreement.
3.2The City agrees to complete an Attachment B, Service Level Request form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2. Unless the City changes other provisions within the most recent executed Service Level Request, it is not necessary to execute a revised Service Level request to reflect a billing rate change.
3.3The City may at any time request a change in level of service by completing a revised Attachment B, Service Level Request form, and submitting the form to the Department. The revised level of service to be provided and current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The Department reseryes the right to approve or disapprove requests on the Service Level Request in accordance with Section 3.1 of this Agreement.
The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services.
3.1 3.4
4.0 PERFORMANCE OF CONTRACT
For performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service.
4.2Nothing in the Agreement prohibits the City from providing, at the City's expense, additional resources for the County to utilize in performance of the services.
Any use of special supplies, stationery, notices, forms, in other than standard Department format, must be approved by the Director of the Department and supplied by the City at its own cost and expense.
4.1 4.3
4.4 4.5
4.6 4.7
5.0 INDEMNIFICATION
5.1 lf requested, the Department will use its best efforts to attend one in- person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location for all in-person meetings or meet at the Department's headquarters in Long Beach, California.
lf requested, the Department will use its best efforts to send representatives to the City's Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed.
lf requested, the Department will use best efforts to coordinate a conference call meeting once per month at no charge to the City.
Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives' time at meetings requested by the City.
The Department will make available upon request, at no charge to the City, the reports listed on the Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included on Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up lo 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.
The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, andlor a Joint lndemnity Agreement approved by the Board of Supervisors on October 8, 1991 , and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.
ln the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint lndemnity Agreement previously in effect between the Parties.
6.0 TERM OF CONTRACT
6.1Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1 , 2019, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2024, unless sooner terminated or extended.
6.2At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.
7.O RIGHT OF TERMINATION
7.1 5.2
Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.
7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement. ln such an event the Agreement will terminate sixty (60) calendar days from the date of the City's notice to the County.
7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least one hundred eighty (180) days before the date specified for that termination.
7.4ln the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days' notice in writing to the other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either Party to continue to seek a resolution.
7.5In the event of a termination, each Party will fully discharge all obligations owed to the other Party that accrued before the date of the termination, and each Party will be released from all obligations which would othenrvise accrue after the date of termination.
8.0 CONTRACT SUM
The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County
8.1
Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.
8.2The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.
8.3The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form, submitted by the City and approved by the County.
8.4 The cost of additional services requested under the Agreement and not set forth in the Service Level Request form will be determined by the Department in accordance with the policies and procedures established by the County.
9.0 PAYMENT PROCEDURES
9.1The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twenty- five (25) days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) days after the date of the invoice.
9.2lf payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount. For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) days after receipt of the invoice. The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) days after the date of the written resolution.
9.3lnterest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.
9.4 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of the County's intention to do so.
'r0.0 NoTtcES
10.1 Each Party must designate a Primary Contact, identified in Attachment B, Service Level Request, to facilitate the services which are the subject of the Agreement. Except for necessary communications required for day- to-day facilitation of the services under the Agreement, which may be delivered by telephone, email, or in person, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing and mailed to the other Party's Primary Contact at the address identified in Attachment B, Service Level Request. Addresses and persons to be notified may be changed by either Party by giving written notice to the other Party.
10.2 Notices to the County of Los Angeles must be addressed as follows:
County of Los Angeles Department of Animal Care and Control Contract Management Division
Attn: Contract City Liaison
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 256-2412
10.3 Notices to the City must be addressed to the contact person listed on the most recent Service Level Request on file and/or the current City Official or City Manager.
11.0 AMENDMENTS
11.1 All changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint lndemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. All changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department or his/her designee is authorized by the County to execute amendments.
14.0 CONSTRUCTION OF AGREEMENT
14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.
15.0 IMPLEMENTATION OF AGREEMENT
15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.
16.0 COUNTERPARTS
16.1 The Agreement may be executed in counterparts (including via facsimile), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.
CITY-COUNTY MUN ICI PAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF LANCASTER
lN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.
CITY OF LANCASTERCOUNTY OF LOS ANGELES
BB
City ofster,City Mate MARCIA MA
Director, Animal Care and Control
APPROVED AS TO FORM:
CityClerkMARY C. WICKHAM
County Counsel
Bfulu
Date
ftss
rnDeputy County CounselDate
ATTACHMENT A
COUNTY OF LOS ANGELES
DEPARTMENT OF ANIMAL CARE AND CONTROL
DESCRIPTION OF SERVICES
l. Animal Care Services
The Department maintains several animal care centers that accept stray and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public.
Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Owner-relinquished animals are held for an initial period prior to euthanasia pursuant to State law. The hold period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.
The Department is dedicated to providing appropriate and safe housing to all animals in the Department's animal care centers. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department's sole discretion, outsourced to a contracted veterinarian.
As requested by the City in Attachment B, Service Level Request, the Department will provide the City with Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.
A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated within the boundaries of the city may be housed at a county animal care center. lmpounded animals will be vaccinated and provided medical care, food, and shelter. The Department may post an animal's picture on the Department's website to assist residents in reclaiming a lost or missing pet. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.
The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.
Full Animal Care Center services include:
. Providing food, water, shelter, enrichment, and medical care for animals in the Department's care;
. Holding stray animals and attempting to reunite them with their owners; . Accepting unwanted animals surrendered by their owners; . Making best efforts to find new adoptive homes for domestic animals and livestock;
. Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
. Working with wildlife rehabilitators to rescue sick and injured wildlife; . Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
r Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
. SpaV and neuter services for dogs and cats pursuant to State law; . Medical treatment and surgeries to make animals more adoptable; . Euthanizing sick, injured, dangerous, unweaned, feral, or un-adopted animals;
. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; . Filing annual reports to the State of California as required by law; . Disposal of dead animals;
. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
. Connecting pet owners to services to increase owner retention of pets; and
. Maintaining regular hours of operation for the public.
B. Animal Gare for Transfer
lf the City has opted for animal care for transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care and housing at the Department's animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City's Page2 of 7
choice. The Department may refuse to release an animal for transport if, in the reasonable assessment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is ill or injured to the extent that transportation would cause further injury or suffering.
The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the county. lf necessary, the Department may transport an animal(s) to an alternative animal care location of the City's choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.
The city will be responsible for all costs for the impound, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the city's choice. The city's designated shelter location is listed in Attachment B, Service Level Request. ll. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, "Animals," and all future amendments, except as othenrvise agreed to by the Parties in Attachment B, Service Level Request.
A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.
ln order to harmonize the terms of this Agreement with the provisions of the City's municipal code, the City must adopt Title 10 "Animals" of Los Angeles County Code ("Title 10"). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.
The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department shall notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Tifle 10.
Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
. Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;
. Capturing and impounding stray domestic animals;
. Capturing and impounding or returning domestic animals at large; . Accepting and caring for animals surrendered by their owners; . Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code;
. Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping of wild or exotic animals;
r lnvestigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
. lnvestigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; . Rescuing ill, injured, or abused animals;
. Enforcing animal nuisance complaints such as excessive animal noise and other violations; issue administrative or criminal citations as appropriate; . Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals belonging to persons taken into custody;
. Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
. Maintain a 24 hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and . Maintaining records as necessary.
A. Standard Service Plan
The standard service plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.
B. Limited Service Plan
The limited service plan includes standard services on a part-time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates. lll. lndividual Animal Licensino Services
Adult dogs four months and older are required by State law to have individual licenses.
The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County's fees for animal licenses or set its own fees as permitted in Attachment B.
License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment is received and processed annually on a fee-per-license basis. A current license will be required before an animal will be released to a resident of the City. Fees from licenses collected will be credited to the City monthly in arrears.
The Department's animal licensing services include
. lssuing animal licenses for pets as requested by the City; r Processing license applications, payments, and information changes; . lssuing license renewal notices;
. Assessing and collecting fees, penalties, and other financial remittances; and . Maintaining a database for animal licensing, records of calls for service, and actions taken.
lV. Additional Outreach and Enforcement Services Options The City may request the Department to provide additional services as outlined below A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license enforcement in designated areas within the city. This program includes:
. lssuing new licenses and renewing expired licenses;
. lssuing citations to violators of animal licensing ordinances; . Collecting license revenue, delinquency charges, and authorized fees; and . Recording licensing data in the Department's database.
B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspection and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal- related facilities are inspected annually to ensure the well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.
The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections are not billed to the City. lnvestigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers, and are billed in accordance with Attachment C, City-County Municipal Services Billing Rates.
This program includes:
. Annual inspection of any premise used by an animal related business or non- profit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
. lssuing grades to animal facilities consistent with the requirements of Section
10.28.270 of the County Code;
. Follow-up inspections of animal facilities as necessary; . Collection of license fees to offset the cost of services; and . Documentation and maintenance of records as necessary.
C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics". The Department holds periodic low cost rabies vaccination and microchip clinics at its animal care centers. lf the City chooses additional rabies vaccination and microchip clinics, the following services are offered:
r Providing or assisting in arranging for low cost vaccinations and microchips; . Staffing low cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
. Licensing animals vaccinated at the clinic; and
. Assisting jurisdictions in promoting these community based clinics.
D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low-cost or free spay/neuter program for the City's residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.
V. Records
Upon reasonable notice, the Department shall make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City shail ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 6250 et. seq )
Upon request, the following standard reports are available from the Department on a monthly basis:
1. Dogs and/or Cats lmpounded
2. Animals Returned to Owners
3. Dogs and/or Cats Abandoned
4. Special lntake Dog & Cat
5. Other Animals lmpounded
6. Quarantined Dogs and/or Cats
7. Special lntake Other Animals
8. Private Veterinarian (Outside Medical Expense)
L Dead Animal Pick Up Requests
10. Types of Calls for Service
11. Location of lmpound
ln accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.
Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.
Sec:Brd Corres:Bl:4.30.19 Contract City Renewal:/Attach A - Desc of Servlces 4.2019 PageT of7
ATTACHMENT B
CITY.COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES
DEPARTMENT OF ANIMAL CARE AND CONTROL
AND
THE CITY OF
LANCASTER
FISCAL YEAR 2019.20 SERVICE LEVEL REQUEST
l. Animal Care Center Services
The level of animal care center service that the City requests and the County agrees to, is (select one of the three options below):
E Full Service
Primary animal care center: Lancaster Animal Care Center ! Animal Care Center Services for Transfer
City's Animal Care Facility contact information
Agency Name:
Telephone:
Address:
! No Animal Care Center Services
City of Lancaster
ll. Field Services
The level of field service that the City requests and the County agrees to, is (select one of the three options below):
n Standard Service Plan
ts Limited Service Plan (check all applicable boxes below) City's Animal Control (Field Services) contact information Department Name:
Telephone:
Address:qAqb3 Ern Avel*-u
LoLnrnsi+- 0-/L qb53+
tr No Field Services
Humane lnvestigations only - as needed
Weekend days and holidays (please
identify days and hours):
County provides service on following
days/times (please identify):
Standby County Field Services (Service Requests only from City Personnel; the City will screen calls from the public)
Weekend days and holidays (please
identify days and hours):
County provides service on following
days/times (please identifv):
Priority County Field Services - Priority 1 Galls Only (As Determined by Department Policy)
I
I
Y'vv-- to*-1
Weekend days and holidays (please
identify days and hours):
Qo**{*^-
County provides service on following
days/times (please identify):
Full County Field Services
City of Lancaster
lll. lndividual Animal Licensing
S The City agrees to have the County provide individual animal licensing and has adopted the license fees outlined in Los Angeles County Code. tr The City agrees to have the County provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):
*Only applicable when licensing is initiated in the field by Department employees.
CurrentlicensefeesadoptedbytheCityon-,20-.
n No Animal Licensing Services
L-l $4o oo
n $o.oo
Field Enforcement Fee* (select one)
Description/criteria : $ Other Special License Fee
days Delinquency charge applies
after: $ Delinquency Charge
$ Military Veteran w/ Disability Altered Dog
Senior age is defined as age $ Senior-owned Altered Dog $ Unaltered Cat $ Unaltered Dog
$ Altered Cat $ Altered Dog
City of Lancaster
lV. Outreach and Enforcement Services
A. Animal License Field Enforcement
tr The City requests the County to provide animal license field enforcement in the City, in the area(s) designated by the City and agreed to by the Department.
m No animal license field enforcement services.
B. Animal Facility lnspection and Licensing (Gosts included in overhead- not billed)
n The City requests the County to license animal-related facilities (including inspection and grading services) in the City.
m No animal facility licensing services--the City will conduct its own program (Please provide contact information below.)
The City's animalfacility program contact information:
Department Name
Telephone:
Address:
Lmru"ie-r u Qrsl4
G. Vaccination and Microchip Glinic(s)
tr The City requests the County to provide or assist in arranging for vaccination clinic(s) in the City, utilizing Department personnel to also license animals during the vaccination clinic(s), at the applicable rate for staff time.
B No vaccination or licensing clinic services
D. Spay/Neuter Trust Fund
tr Participate in the Spay/Neuter Trust Fund to allow residents access to low- cost spay/neuter services.
m No participation in the Spay/Neuter Trust Fund.
City of Lancaster
V. Enforcement of County Gode
H The City agrees to the enforcement of Title 10 with no exceptions ! The City agrees to the enforcement of Title 10 with the following pre-approved exception(s): (please mark all that apply)
m 10.20.350: Mandatory Spay and Neuter. The City does not require the spay/neuter of:
o Dogs
o Cats
I 10.20.185: Mandatory Microchipping. The City does not require the microchipping of:
o Dogs
o Cats
! 10.20.038: Number of dogs and cats. ln the City the following number of animals are allowed per household:
Dogs Cats _ Total of _ dogs/cats
tr 10.20.030: Mandatory Cat Licensing
o Voluntary Cat Licensing
o No Cat Licensing
Domestic cats are subject to:
n 10.28.020Animal Facility Licensing. The County will not license/inspect animal facilities
E 10.40.060: Excessive Animal Noise Complaints. The Citywill conduct its own noise enforcement.
City's Animal Noise Complaint contact information:
Department Name
Telephone:
Address:
L n-rncav{er t-A q353{
L
U.{1}3 Fr,,r &{r r,. o
City of Lancaster
E-mail:
'3
Vl. Requested Additions to Title 10 Enforcement
Please list individual municipal code sections requested to be enforced by the Department. (Please ensure your municipal code contains adequate enforcement authority.)
COUNTY
Not
Approved Approved City Gode Section Title City Gode
Section No
City of Lancaster
Vll. Gontact lnformation
County Primary Contact
Name:
Title:
Address:
Telephone
E-mail:
Title:
Address:
Telephone:
E-mail:
City Primary Contact
Name:
Title:
Address:
Telephone:
E-mail:
City Alternate Contact
Name:
Title:
Address:
Telephone
E-mail:
Contract Manaoement Division Liaison
Whitnev Duonq
5898 Cherrv Avenue
Lons Beach. CA 90805
562256-2412
WDuono (Oan imalca re. lacou ntv.oov
Contract Manaoement Analvst
5898 Cherrv Avenue
L
562256-2417
M M u I ler@an i malcare. laco untv. oov
l. nr,roo,.ln-" oA 1asa"l
( trio.l )'.l23- tzb8b
\ Arr.ico €-t-r'ltr u$\arr u.r{erra , bry. UU
b\-\ \Imnaor
County Alternate Contact
Name: Marissa Muller
L\41'bn Q-r r,,.$,^,
()
oilllr 0
Lt rn ta-o.l*r C* 44s34
(tdrj )l'LL-totl ii
City of Lancaster
Vlll. Annual/Amended Service Request Approval
For the City
Jasn-\, 0l,uAl,s lr+lttDate Authorized City Representative (Printed Name)
C,,ln- t'.Iar.nqzr
Title \)
For the County:
Ma
Director
Dept. of Animal Care and Control
Authore
(Signatu
ta-tetD0
Telephone Number
,,lllMtt(AupAulla-\fi
Au{horized Sl!nature
(Signature)
o'atd
City of Lancaster
Q-u,J- E^{s,."A sfrtfri
lancaster
ifi 7wifi"cl1 chor
Staff Contact:
Vendor Name
.L
;caCONTRACT COVER SHEET
Ext:
Project Name/Number:
contract Dorar Varue: $[, Ltoil, mD, co
Contract Expiration Date
tr Low Project Category (assigned risk level)
ls City Council authorization required for this contract (over 9125,000)? - lf yes, has the contract already been approved by Council? (if yes, please attach the staff report)
ls this an amendment to an original agreement? tr Yes tr No (lf yes, please attach a copy of the original agreement and insurance) hosdDept4861)
bifof fo Auto-Renew: D yes B- ruo
tr Moderate D High
Are the standard minimum insurance requirements included in the contract? D Yes tr No ls the certificate of insurance and endorsement(s) attached to the contract? tr Yes tr No lf not, why?
Are you requesting any insurance deviations? tr Yes tr No Request & Explanation:
futrn"{ ty tru-l*l- L r,rruf X6nCui-<- clxlrarlk M ru}H^-xoA .
FJ"'
Kt"t
trNo
trNo
Type of Contract:
E Commercial Lease Agreement tr Construction Contract
tr General Services Agreement E lnstructor Agreement
E Performance Agreement ! Undertaking Agreement
tr Professional Services
- Consultant required to file a form 700? tr Yes tr No
I lnstructor Agreement
- Live Scan results attached? tr Yes tr No lf no, why not? (Otfrer (please specify)
tr Facility Rental
tr Maintenance Agreement
tr Vendor Agreement
(if yes, please attach)
Routing:
Contact Person/DentnatureDate
*Completed form must be returned to Administratin
r h.a /t4 &Ut Sisn u /u" f City Attorney -
t{'/( Risk Mgmt -C
Dept. Head - t*r_ .br€r.i cn
Rev 1/2018
s
STAFF REPORT
City of Lancaster
CC 14
9/13/2022
JC
Date: September 13, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services George Harris, Director – Finance and Information Technology Subject: On-Call Electrical Contractor Crosstown Electrical and Data, Inc. for Citywide Use (RFP No. 755-22)
Recommendation:
Increase expenditure authority to previously awarded (1) one-year contract, with an option of four (1) one-year extensions with a not-to-exceed amount of $360,000.00 per contract term to Crosstown Electrical and Data, Inc., of Irwindale, California, for RFP No. 755-22 On-Call Electrical Contractor for Citywide use, and authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
$360,000.00 annually. Sufficient funds are available in FY 22-23 Transportation Services operating budget: Traffic Signal - State & County, 203-4754-459; Traffic Signal - Damage Repair, 203-4754-460; Traffic Signal - City, 203-4754-461; Street Light - Damage Repair, 483-4754-460; Street Lights - Maintenance & Power, 483-4754-660; and Information Technology operating budget account 112-4315-308.
Background:
In January 2022, the City advertised a Request for Proposals for an On-Call Electrical Contractor for Transportation Services. The Scope of Services included various jobs related to installing and repairing streetlight poles, traffic signals, and fiber optic services on an as-needed basis. The City received (4) four proposals on February 3, 2022. Reviewing all the vendor proposals, staff considered price, experience, references, personnel, equipment, and required certifications.
Crosstown Electrical and Data, Inc. was deemed to meet the needs of the RFP, and the staff recommends moving forward with issuing a contract.
With the City of Lancaster’s commitment to providing its residents with the highest level of services, multiple new programs and infrastructure projects have been implemented over the last 1 0
3 0
several months. With these new projects comes the need to provide fiber optic installation to significantly more locations throughout the City. The Transportation Division has partnered with the Information Technology Division to provide this much-needed work performed through Transportation’s existing contract with Crosstown Electrical and Data, Inc. This approach will significantly increase the speed at which these projects can be accomplished, allowing Lancaster to complete these projects in a timely and fiscally responsible manner. Therefore, we respectfully request that you approve this contract expenditure authority increase.
HA:gb
Attachment:
Agreement Amendment - Crosstown Electrical and Data, Inc.
AMENDMENT NO. ONE TO ON-CALL ELECTRICAL CONTRACTOR FOR
TRANSPORTATION SERVICES MAINTENANCE AGREEMENT
This Amendment (“Amendment No. One ”) is hereby entered into effective September 14, 2022 by and between the CITY OF LANCASTER , a Municipal Corporation, in the State of California, and CROSSTOWN ELECTRICAL AND DATA INC., ( CONTRACTOR) with respect to Exhibit “A” for Services between the parties dated April 14, 2022 (“Agreement”).
The Parties agree as follows:
1. Services – The services will h ereafter be known as: “O N-CALL ELECTRICAL
CONTRACTOR FOR TRANSPORTATION AND INFORMATION TEC HNOLOGY SERVICES”.
2. Payment - The City of Lancaster shall reimburse the CONTRACTOR for actual costs, incurred by the CONTRACTOR in performance of the work, in an amount not to exceed $360,000.00. Any additional work will require a separate Authorization for CONTRACTOR Services signed by both parties.
3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.
C
ITY OF LANCASTER CONTRACTOR:
CROSSTOWN ELECTRICAL AND
DATA INC.,
J
ason Caudle, City Manager David P. Heermance, President A
TTEST:
A
ndrea Alexander, City Clerk
A
llison E. Burns, Esq., City Attorney Insurance Approved - 1 -
Maintenance Services Agreement; December 2018
AGREEMENT FOR MAINTENANCE SERVICES
THIS AGREEMENT FOR MAINTENANCE SERVICES is made and entered into this 12 day of April,
2022, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and Crosstown Electrical and Data Inc., a California corporation (“Contractor”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Contractor to perform certain services, as provided herein, identified as:
On-Cal
l Electrical Contractor for Transportation Services (THE “SERVICES”) WHEREAS, the principal members of Contractor are qualified and duly registered/licensed under the laws of the State of California, and Contractor desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONTRACTOR: Crosstown Electrical and Data Inc.
2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONTRACTOR Crosstown Electrical and Data Inc.
Attn: Dave Heermance
5454 Diaz Street
Irwindale, CA 91706
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 Exhibit A
- 2 -
Maintenance Services Agreement; December 2018
4. Description of Work. The City hereby engages Contractor, and Contractor accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services and Rates Schedule", attached hereto as Exhibit “A” and incorporated herein by reference. Contractor shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Contractor an amount not to exceed $100,000 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, as set forth in Exhibit A.
B. No payment made hereunder by the City to Contractor, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Contractor of its obligations under this Agreement.
6. Obligations of the Contractor.
A. Contractor shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.
B. Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
C. Contractor shall not subcontract any of the work required to perfo rm the Services without the express prior written approval of the City.
7. Hold Harmless and Indemnification. Contractor agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Contractor’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Contractor agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the ter ms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Contractor.
9. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Contractor will take affirmative action to ensure DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 - 3 -
Maintenance Services Agreement; December 2018
that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Contractor for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Contractor and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by t he City and the Contractor. This Agreement shall continue in full force and effect for [Term, e.g. twelve (12) months], unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Contractor may mutually agree in writing to extend the Term of this Agreement.
11. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Contractor will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Contractor fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Contractor shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Contractor.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Contractor shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Contractor is an independent Contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
13. Insurance.
A. The Contractor, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 - 4 -
Maintenance Services Agreement; December 2018
Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California
Statutory Limits
Employers’ Liability
Each Accident
$1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
B. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.
C. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. All insurance shall be primary and non- contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Contractor’s insurance and shall not contribute with it.
E. Contractor shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“On-Call Electrical Contractor for Transportation Services” DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 - 5 -
Maintenance Services Agreement; December 2018
The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.
14. Ownership of Documents . All plans, specifications, reports, studies, maps and other documents prepared or obtained by Contractor in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar dat a prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
15. Data Provided to Contractor. City shall provide to Contractor, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
16. Contractor’s Warranties and Representations.
Contractor warrants and represents to City as follows:
A. Contractor has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement.
B. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the r ight, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Contractor has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Contractor, and that if any such interest comes to the knowledge of Contractor at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.
D. Upon the execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
17. Resolution of Disputes.
DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 - 6 -
Maintenance Services Agreement; December 2018
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.
18. Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit “A” Scope of Services and Rates Schedule
19. Governing Law.
This Agreement shall be governed by the laws of the State of California.
[Signatures begin on following page]
DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 - 7 -
Maintenance Services Agreement; December 2018
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By:
Jason Caudle, City Manager
Contractor:
By:
D avid P. Heermance, President
ATTEST:
Andrea Alexander, City Clerk
AP
PROVED AS TO FORM:
Allison E. Burns Esq., City Attorney
C
ONTRACT SUBMISSION APPROVAL:
__________________________________________
Jeff Hogan, Senior Director - Development Services Insurance Approved DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 April 13, 2022 | 9:03:29 AM PDT
April 13, 2022 | 2:13:43 PM PDT
10 EXHIBIT A
SCOPE OF SERVICES
1. BACKGROUND
A. The City of Lancaster (City) desires to enter into an agreement with one or more qualified electrical contractors to perform various jobs related to installing streetlight poles and traffic signals.
B. All maintenance work shall be subject to prevailing wages per the State of California Department of Industrial Relations.
C. The Contractor shall execute work promptly and following a schedule approve d by the City. Failure to respond by completing scheduled work promptly may result in termination of the Agreement.
D. The selected contractors will enter into a “Not to Exceed” contract for an unde termined amount. The contract amount will depend on the number of selected contractors and yearly service estimates.
E. All work will be billed at time and materials rates as outlined in the Contractor submitted cost file.
2. CONTRACTOR RESPONSIBILITIES
A. CONTRACTOR QUALIFICATIONS –
2.A.1. Must hold a State of California Class “A” contractor’s license — General Engineering Contractor. The principal business is in connection with fixed works requiring specialized engineering knowledge and skill.
2.A.2. Must hold a State of California C -10 - Electrical Contractor license. An electrical contractor places, installs, erects or connects any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells or any part thereof, which generate, transmit, transform or utilize electrical energy in any form or for any purpose.
2.A.3. Companies must be registered as a public works contractor with the Department of Industrial Relations.
The following public works contractor responsibilities must be followed:
2.A.3.1. Register as a public works contractor
2.A.3.2. Pay prevailing wages
2.A.3.3. Follow apprenticeship requirements
2.A.3.4. Maintain and submit certified payroll records
B. TRAFFIC SIGNALS – The jobs related to traffic signal repairs and installation shall include but are not limited to:
DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 11 2.B.1. Install pole and relocate eq uipment per manufacturer year Cal Trans Standards* and City of Lancaster Specifications; including but not limited to 61-5-100 to Type 15TS.
2.B.2. Install foundations for poles per manufacturer year Cal Trans Standards* and City of Lancaster Specifications; including but not limited to 61-5-100 to Ped pole, signal cabinet, and power pedestal.
2.B.3. Install mast arms and relocate equipment poles per manufacturer year Cal Trans Standards* and City of Lancaster Specifications; including but not limited to 65' to 15.'
2.B.4. Install Signal Cabinet and power pedestal per Cal Trans Standards* and City of Lancaster Specifications.
2.B.5. Install new wire at intersection per City of Lancaster Specifications.
2.B.6. Install video detection systems per manufacturers' specifications and City of Lancaster Specifications.
2.B.7. Install luminaire arms per Cal Trans Standards* and City of Lancaster Specifications.
2.B.8. Repair or install conduit per City of Lancaster Specifications.
2.B.9. Bore new conduit runs per City of Lancaster Specifications.
2.B.10. Install luminaires and signal equipment per Cal Trans Standards* , City of Lancaster Specifications, and manufacturers specifications.
2.B.11. Repair terminal block covers on mast arms poles.
2.B.12. Sidewalk and curb ramps removed or damaged due to work being performed shall be replaced from score line to score line per Section 203 / 303 -5.5.3 of the Standard Specifications and per the applicable APWA Standard Plan as shown on the Improvement Plans and City of Lancaster specifications. PCC sidewalk and curb ramps shall be 4" thick. The concre te shall be 520 -C-2500 and contain 4% air containment. AC curb ramps and landing shall also be constructed per the "Asphalt Concrete" section of these specifications. The Contractor shall construct a 4" minimum aggregate base underneath the proposed AC pathway. The aggregate base shall be compacted to 95% relative compaction.
2.B.13. Standards and luminaire arms shall conform to the Details and Specifications for Ameron Traffic Signal poles per City of Lancaster Specifications.
C. STREETLIGHTS - The jobs related to Street Light repairs and installation shall include but are not limited to:
2.C.1. Lancaster Blvd Decorative Pole Repair and replacement - This requires the Contractor to disconnect all damaged overhead wiring, guide cabling, and the remainder of the damaged pole and or fixture .
Contractor must then replace it with a new city -supplied decorative pole and fixture, reconnect new wiring, and guide cabling to the new pole and fixture to make it fully operational.
2.C.2. Leaning Pole Repair- The Contractor must secure the le aning pole, break out the 30x 30 concrete cap at the base of the pole, recompact the voided area , backfill with concrete , and t hen replace the concrete 30x30 cap.
2.C.3. Steel Pole Change Out- This requires the Contractor to remove any existing ove rhead or underground wiring, removal of the metal pole and foundation , replacement of the foundation per the Details and DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 12 Specifications for Ameron 1C1 octagonal poles, install the City supplied 1C1 pole, reconnect all wiring , and make the luminaire fully operational.
2.C.4. Street Lighting Pole Foundation Replacement - Concrete electrolier foundations shall be per City of Lancaster standard detail PW-19.
D. *CAL TRANS STANDARDS – The applicable standard is based on the year the pole was installed. Please refer to Caltrans for the standards specific to the installation year.
3. EXHIBITS
B. DETAILS AND SPECIFICATIONS FOR AMERON 1C1 OCTAGONAL POLES C. CITY OF LANCASTER SPECIFICATIONS: TRENCH AND PAVEMENT RESTORATION POLICY D. CITY OF LANCASTER TRAFFIC SIGNAL SPECIAL PROVISIONS
E. CITY OF LANCASTER AGREEMENT SAMPLE
DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1 DocuSign Envelope ID: F45465E3-4EB8-4475-9C4B-4FD0892A48D1
STAFF REPORT
City of Lancaster
CC 15
9/13/2022
JC
Date:September 13, 2022
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Subject: Appropriation of City Legal Budget Funds
Recommendation:
Appropriate $250,000 from the General Reserve Fund Account No. 101-2900-000 to the following Legal Account No.’s: $1,000 to Registration (101-4260-200), $1,000 to Travel Expenses (101- 4260-201), $2,500 to Publication & Dues (101-4260-206), $500 to Postage & Special Mailing, $200,000 to Professional Services (101-4260-301), and $45,000 to Legal Services (101-4260- 303).
Fiscal Impact:
Up to $250,000, to be appropriated from existing General Fund Reserves for City Legal expense purposes.
Background:
Historically, the Assistant City Attorney has contracted for Medical Cannabis consulting and other support services. This year’s contract is for $96,000. As approved by City Council in June of 2022, the Legal Budget was separated from the Risk Management and Insurances Budget. This was to account more accurately for specific liability expenditures in Fund 113.
In order to contract and budget for the Medical Cannabis services and for Legal operating expenditures, an appropriation of $250,000 needs to be made from existing General Reserve funds (101-2900-000) into the following Legal budget account Numbers: $1,000 to Registration (101- 4260-200), $1,000 to Travel Expenses (101-4260-201), $2,500 to Publication & Dues (101-4260- 206), $500 to Postage & Special Mailing, $200,000 to Professional Services (101-4260-301), and $45,000 to Legal Services (101-4260-303).
Attachment:
N/A
STAFF REPORT
City of Lancaster
CC 16
9/13/2022
JC
Date:September 13, 2022
To: Mayor Parris and City Council Members
From:Jeff Hogan, Senior Director - Development Services Nicole Jones, Analyst
Subject:Approve Task Order for Multi-Year Professional Services (Service Group Category 4 – Environmental Services) for Environmental Report and 30% Design Plans for Amargosa Creek Recreation Trail Project to Michael Baker International Recommendations:
1. Approve task order to Michael Baker International, to amend and increase the Multi-Year Professional Services (Service Group Category 4 – Environmental Services) for Environmental Report and 30% Design Plans for Amargosa Creek Recreation Trail Project in the amount of $432,295.00 plus 15% contingency for any additional work needed.
2. Authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
$497,139.25 (including 15% contingency); sufficient funds are available in account number 349- 15TR003-924.
Background:
The Amargosa Creek Recreation Trail Project represents the culmination of efforts led by multiple departments seeking to galvanize a shared community identity; make the City a safer place for active transportation; celebrate the landscape through arts, culture, and recreation; beautify a critical natural resource; and increase multimodal accessibility for our residents, removing barriers, and making the City of Lancaster a more equitable place to live. This project unifies the City’s existing active transportation network of bike lanes and trails, vastly increasing safe access to schools, work, groceries, and public transportation hubs. This augmented sense of viability counters the inherent perceptions of the City’s urban sprawl as a primary barrier for participation in the active transportation system, while simultaneously increasing the sense of safety, pride in the desert landscape, and fosters an understanding of fragile ecological systems and the importance of their conservation.
1 0
3 2
To assist with the preparation of the environmental requirements and 30% design plans for this project, the City selected a consultant on the Multi-Year Professional Services Agreement Pre- Qualified List under Service Group Category (SGC) 4 – Environmental Services.
NJ/jr
Attachment:
Task Order No. 1
TASK ORDER NO. 1
UNDER
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES, RFQ 694-18 SERVICE GROUP CATEGORY 4 – ENVIRONMENTAL SERVICES
DATED JANUARY 23, 2019
BETWEEN
THE CITY OF LANCASTER, "OWNER"
AND
MICHAEL BAKER INTERNATIONAL INC. "CONSULTANT"
PROJECT TITLE:
DESCRIPTION OF SERVICES:
SCOPE OF WORK:
PERIOD OF SERVICES:
COMPENSATION FOR
Amargosa Creek Recreation Trail Project
Environmental Services
Per Attached Exhibit "1", Scope of Services
Per Attached Exhibit “2”, Schedule
Per Fee Schedule – $432,295.00
SERVICES:
"OWNER" "CONSULTANT"
CITY OF LANCASTER MICHAEL BAKER INTERNATIONAL INC.
By ________________________________ By ____________________________ Tanya Bilezikjian Jason Caudle
City Manager Office Executive, Vice President
Date _______________________________ Date ___________________________
EXHIBIT “1”
SCOPE OF SERVICES
The work to be performed under this task order shall include:
A. Task Order 1 – Scope of Services
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
Office: 949.472.3505 | Fax: 949.472.8373
August 30, 2022
Ms. Nicole Jones
Analyst – Public Works
CITY OF LANCASTER
44933 Fern Avenue
Lancaster, California 93534
Subject: Proposal to Prepare CEQA Clearance Documentation (IS/MND) for the City of Lancaster ’s Amargosa Recreation Trail Project
Dear Ms. Jones:
Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to the City of Lancaster (City) to prepare 30 percent design plans and environmental clearance documentation ( Initial Study/Mitigated Negative Declaration [IS/MND]) under the California Environmental Quality Act (CEQA) for the Amargosa Recreation Trail Project. It is our understanding that the project would involve the construction of a two-mile protected bicycle and pedestrian recreation trail along Amargosa Creek, between West Avenue H and Avenue J. The project would provide safe active transportation, increased multimodal accessibility, and opportunities for art, culture, and recreation near a natural resource (Amargosa Creek) within the City.
Michael Baker has an extensive background related to environmental review of similar projects and projects within the City of Lancaster. The designated team will be led by Ms. Jessica Ditto, serving as Project Manager, and Mr. Alan Ashimine, serving as Project Director for the project. M s. Ditto is committed to a successful completion of this project by maintaining close communication with City staff and working quickly to resolve critical issues.
We appreciate your consideration of Michael Baker for the Amargosa Recreation Trail Project IS/MND and are available to begin the work program immediately . Please do not hesitate to contact me at 949. 330.4183 or [email protected] if you have any questions or would like additional information.
Sincerely,
Jessica Ditto Alan Ashimine
Associate/Project Manager Environmental Sciences Manager
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 1
PROJECT UNDERSTANDING
The proposed Amargosa Recreation Trail Project (project) site is located along the eastern bank of the Amargosa Creek, between West Avenue H to Avenue J , in the City of Lancaster , Los Angeles County, California. The Amargosa Creek is a natural water channel located east of and parallel to State Route 14 (SR-14). The site is currently designated by the General Plan and zoned as Open Space. Existing surrounding development generally includes commercial and residential development.
The City is proposing to construct a new approximately two-mile protected bicycle and pedestrian recreational trail on developed open space land east of Amargosa Creek . The new t rail would include a 10-foot-wide asphalt bike path and a five -foot-wide concrete pedestrian walkway with a landscaped setback that would vary in width. A street crossing is proposed at Lancaster Boulevard and a bike and pedestrian bridge is proposed over Avenue I.
The City of Lancaster is requesting the preparation of preliminary design plans and CEQA clearance documentation (Initial Study) with supporting technical analyses. This scope of work assumes that the Initial Study results would indicate a Mitigated Negative Declaration is required. The overall work program will entail the preparation of 30 percent design plans , structural feasibility study for the Avenue I bridge, geotechnical explorations and report, and an Initial Study/Mitigated Negative Declaration consistent with the CEQA Guidelines and the local CEQA implementation procedures. In order to meet the City’s CEQA requirements, Michael Baker proposes to prepare an Initial Study followed by a Mitigated Negative Declaration. Should a different level of documentation be required (i.e., an Environmental Impact Report), this can be accommodated under a separate scope and fee.
SCOPE OF WORK
This scope of work assumes that Michael Baker will develop preliminary designs, structural feasibility study for the Avenue I bridge, and geotechnical explorations and report . Michael Baker will develop a preliminary engineering report summarizing t he work described in this scope of work , which will document design considerations and decisions. No coordination or reviews with external agencies such as Caltrans, Los Angeles County Flood Control District, or the U.S. Army Corps of Engineers is included in this scope of work.
This scope of work also assumes that Michael Baker will draft an Initial Study with supporting analysis regarding Air Quality, Greenhouse Gas Emissions, Energy, Noise, Biological, Jurisdictional Waters, Cultural, Tribal Cultural, and Paleontological Resources. It is our understanding based on communication with City staff that the project would not impact the Amargosa Creek bed, banks, or any riparian vegetation along the creek and therefore, the US Army Corps of Engineers will not take jurisdiction. However, as an optional task, Michael Baker will provide regulatory permitting and habitat mitigation services , if needed. No additional technical analyses will be prepared by Michael Baker; however, if additional analyses are provided by the City (e.g., hydrology, water quality) Michael Baker can incorporate these results in the CEQA document.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 2
1.0 PROJECT MANAGEMENT, MEETINGS, AND HEARINGS
1.1 Kick-Off Meeting
Michael Baker will prepare materials for and conduct a virtual project kick -off meeting, which will be conducted within two weeks of notice to proceed. Michael Baker will be responsible for preparing the meeting agenda, developing a list of data needs, and preparing meeting minutes. Minutes will be sent to the City within five business days of the kick-off meeting.
1.2 Project Team Meetings
Michael Baker will prepare materials for and facilitate up to three virtual project team meetings, which will be held at key decision points during Tasks 2.0 through 5.0.
1.3 Public Hearings
Michael Baker will represent the Project Team at public hearings and make presentations as necessary.
For budgeting purposes, the following hearings have been identified:
• Up to two (2) public hearings (e.g., Planning Commission Hearing, City Council Hearing).
Should additional hearings be necessary beyond those identified above, services will be provided on a time and materials basis.
1.4 Project Management / Coordination
Michael Baker will conduct regular check in meetings with the City project manager to provide updates on the project progress, coordinate on project schedule and milestones, and discuss potential issues. We anticipate these meetings will o ccur monthly and will involve the City project manager and Michael Baker’s technical leads. This task also includes time allocated for day to day project management and coordination of subconsultants and internal project team meetings.
2.0 INVESTIGATIONS AND RESEARCH
2.1 Aerial Topographic Mapping
Michael Baker will establish horizontal and vertical control at the site sufficient to support Aerial Topographic Mapping. Unless otherwise directed by the City, the basis of horizontal control will be California Coordinate System of 1983 (CCS 83), Zone 5, Epoch 2017.50. Coordinates will be expressed as ground values in terms of the U.S. survey foot. Coordinates will be based on published values. Vertical control will be provided in terms of the North American Vertical Datum of 1988 (NAVD 88), based local ly upon CORS and geoid 18.
Michael Baker will prepare a comprehensive topographic survey to identify and plot existing conditions in the project vicinity.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 3
The aerial topographical survey will include obtaining locations, elevations, and descriptions of:
• Major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks, and natural ground.
• Spot elevations on hardscape features, concrete pads, and other hard surfaces. • Roads, parking areas, major trails
• Facilities – outlines of buildings, sheds, barns, existing structures. • Walls, fences and other barriers.
• Power poles, lights, and major signs.
• Above ground utilities including valves, pull-boxes, meters, and vaults within project area.
Topographic mapping will be provided for the entire area at a scale of 1” = 40’ with one foot interval contours. The map will be prepared in 2018 Civil 3D DWG format using Michael Baker International CAD standards. Mapping will meet the requirements in “ASPRS Accuracy Standards for L arge-Scale Maps,” dated March 1990, with sufficient detail to support the assessment of the project site for plot plan design.
Aerial mapping will include a DTM file and color orthophotography. This task contains scheduling the flight, a compilation of pho togrammetry, and providing a quality control survey for verifying accuracy standards. The boundary determination or boundary mapping is not included in this scope of work.
2.2 Records Research and Initial Field Review
Michael Baker will complete the necessary research to gather and review available information such as record drawings, tract maps, assessor parcel maps, right -of-way maps, street centerline ties, and utility maps. Our team will complete a field review inve stigating any issues identified in the scope of work as well as those identified in the kickoff meeting. During this walk, our team will document any pertinent field conditions, utility appurtenances and photo document all locations.
2.3 Utility Research and Coordination
Early coordination with the utility owners within the project limits is critical to successful project delivery.
Michael Baker will prepare Utility Request letters, requesting utility owners to send their facility maps and as-built plans. We will coordinate with each utility owner until all responses are received.
Michael Baker will maintain a utility contact matrix including the following:
• Copies of utility notices sent
• Copies of correspondence
• Dates utility notices were sent
• Dates utility responses were received
• Atlases/plans received
Once all plans have been received, Michael Baker will plot the utilities on the plans and probable conflicts will be noted. Due to the existing overhead utility lines across Avenue I and the proposed structure, early coordination will be required with the utility agencies to ensure they are comfortable with the designs and the project has met their requirements for distances from their facilities. Potholing is not included in this scope of work.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 4
2.4 Research and Investigation
Michael Baker will obtain and review available reference data for the project, including project information from City staff as well as planning and policy documentation from local, State, and f ederal agencies, and other agencies that may be affected by th e project. This information, along with environmental data and information available from the City and other nearby jurisdictions, will become part of the environmental documentation’s foundation and will be reviewed and incorporated into the analysis, as deemed appropriate. This task includes a visit to the project site and its surroundings, which will include a detailed photographic recording of on- and off-site conditions.
2.5 Draft Project Description
A preliminary draft project description will be prepared that details the project location, environmental setting, proposed project characteristics, construction program, phasing, agreements, and permits and approvals that are required based on available information from the City. Exhibits depicting the regional and site vicinity, and conceptual site plans will also be included in this section. Michael Baker will submit the draft project description to the City for review and approval. We assume that no modifications to the project description will occur after approval by the City.
3.0 PRELIMINARY DESIGN
3.1 Develop Alternatives/Concept Plans
Michael Baker will develop design alternatives for the trail and crossing locations. We anticipate that the trail design between crossroads will generally be consistent with the description in the grant application, which consists of a 10 foot wide asphalt bike path and a 5 foot wide concrete pedestrian walkway with a varying-width landscaped setback.
The designs for the crossings of the local ro ads will be more complex because there will be more factors to consider such as providing safe and direct crossing locations for trail users, maintenance access, utility conflicts, right-of-way constraints, and at Avenue I the existing culverts will heavily constrain the proposed bridge design. As such, Michael Baker will develop up to three deign alternatives at each of these crossing locations. At Avenue H and Avenue J, we will show different options for how the route will terminate and tie into the exist ing or planned infrastructure. At Avenue I and Lancaster Boulevard, we will develop various designs for the proposed bridge layout and for the at-grade crossing. We anticipate that the bridge and trail design at Avenue I will take the majority of the desig n effort and coordination due to the constraints in this location such as limited existing right-of-way and proximity of the existing culverts that cannot be impacted as part of this project (the one under Avenue I itself and the one east-west just north of Avenue I where the exiting trail intersects Avenue I). Access for both maintenance vehicles and non - motorized users to the trail in this location will be a key design challenge given the constraints listed above. Our design team will consider cost saving measures for various project components and will study overall roadway cross sections on the crossroads to minimize project impacts and cost to maximize project benefits.
These concept plans will be graphical, easy to understand drawings that identify impacts to adjacent facilities and right-of-way. Plans will show the proposed trail alignment, crossing locations, maintenance
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 5
access locations, impacts to existing slopes on the channel, and other offsite improvements. The concept plans will be p repared in AutoCAD at 1”=40’ scale and will be in accordance with City CAD standards.
Typical sections will be included for the trail design cross section. Traffic analysis and landscaping design is not included in this scope of work.
3.2 Design Workshops
The design team will hold up to three design workshops with the City to discuss the concept plans. We will provide the City an overview of the designs and discuss the benefits and challenges of each alternative.
These meetings will be workshop style to answer any City questions and update the designs after receiving City input.
3.3 Prepare 30% Plans and Estimate
Upon selection of the preferred alternative, Michael Baker will refine the designs and develop 30% plans for the City to carry the project forward into final design. Layouts will be prepared at 1”=40’ scale and all drawings will follow City CAD standards. All designs will be in accordance with the latest City Standards, County of Los Angeles Trails Manual, National Association of City Transportation Officials (NACTO), Standard Plans and Specifications for Public Works Construction (the “Greenbook”), and Caltrans Highway Design Manual (HDM) Chapter 1000.
We anticipate the 30% plans package to include the following sheets:
• Title Sheet with General Notes (1)
• Typical Sections (1)
• Layouts (including existing utilities and rough grading limits) (5) • Profiles (if required) (3)
• Bridge General Plan (as discussed under Task 3.5) (1) • Bridge Typical Section (as discussed under Task 3.5) (1) Michael Baker will prepare quantity take-off calculations for the construction bid items based on the 30% designs. Michael Baker will use the latest project contract cost data and previous project da ta as a basis for establishing an itemized estimate of the construction cost. The total cost estimate will include mobilization and contingency.
No modifications to the existing drainage channel or walls are included in this scope of work. If it is determined that modifications are required for the designs, Michael Baker will discuss an additional scope and fee with the City.
3.4 Preliminary Design Report
Michael Baker will develop a preliminary engineering report summarizing the work completed in this stage. The report will include a discussion about the following items: existing facility; project description; alternative designs; utilities; lighting; landscaping and hardscaping; pavement recommendations; maintenance access; project schedule; project co sts; and right -of-way (if required). The alternatives developed under Task 3.1 will be discussed in detail and the benefits and drawbacks of each alternative will be outlined.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 6
Lighting design and analysis and landscaping design is not included in this scope of work; however, Michael Baker will make recommendations about these topic s to be considered in Final Design. These recommendations will be based on industry standards for trail designs and will be summarized in the Preliminary Design Report.
3.5 Structural Feasibility Study
Michael Baker will identify feasible and economical structural scoping alternatives and solutions for the proposed pedestrian and cycle bridge over Avenue I. This includes developing alternatives for the bridge and structure approach, evaluating the impact and constraints of the proposed improvements, and establishing reliable cost estimates for planning purposes.
Due to the existing horizontal constraints along the pedestrian path leading up to Avenue I, and considering reasonable approach grades for pedestrian and bikes to elevate the trail to the bridge overcrossing, the physical approach to the bike and pedestrian bridge over Avenue I will be just as important as the selected overcrossing bridge type. The bike and pedestrian bridge types anticipated include a prefabricated steel truss, as well as Cast -In-Place / Post Tensioned (CIP/PS), and precast alternatives.
The bridge approach is anticipated to be constructed as relatively short precast or cast-in -place slab approaches on bent supports, or alternatively as earthen embankment supported by Caltrans Standard Plan Retaining Walls or Mechanically Stabilized Embankment (MSE) Walls. Michael Baker will prepare a Bridge and Structure Approach Feasibility Report for the bridge presenting up to two feasible structure types for the bridge and approaches, prepare approximate costs, while considering the bridge constraints and project requirements. Our structural engineers will visit the site to confirm and assess any construction constraints.
Our design team will determine the preliminary structure length, width, type , depth, foundation types, and identify important features and considerations including railing types, temporary rails, falsework, vertical and horizontal clearances, location and slopes of cuts and fills, slope paving, approach type, stage construction requirements, seismic, geotechnical, and scour topics. The structure types identified will consider design requirements from Caltrans criteria and AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specification (BDS).
Our structures and roadway teams will coordinate with each other and the geotechnical engineer on the bridge layout, maintenance considerations, and bridge foundation designs. The structural study will include an estimated cost summary for up to two bridge alternatives in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and Caltrans Office of Special Funded Projects (OSFP) Information and Procedures Guide 3-2.
The Structural Feasibility Report will present up to two feasible structure types for the bridge and the structure approaches. Michael Baker will present the findings of this report to the City at one of the project check in meetings. Michael Baker will discuss benefits and challenges of each of the alternative types to help the City select a preferred bridge design. Once the preferred bridge type is selected, we will prepare a general plan sheet and a typical section sheet for the bridge overcrossing including the structure approach.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
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The evaluation of existing structures and the existing culvert under Avenue I, is not included in this scope of work.
3.6 Geotechnical Exploration and Report
Michael Baker has teamed with Leighton Consulting, Inc. (Leighton) to perform geotechnical exploration and to provide a preliminary geotechnical report in support of the 30% Preliminary Designs and Structural Feasibility Study. The bulk of the geotechnical scope will be to provide sufficient geotechnical exploration to aid in preliminary and final design of the bridge and bridge approaches proposed across Avenue I. The bridge approaches are anticipated to be constructed as short bridge approaches on bent su pports, or as earthen embankments supported by Caltrans Standard Plan Retaining Walls or Mechanically Stabilized Embankment (MSE) Walls.
Because the project is solely located within City-owned property, we have assumed that it will not be subject to Caltrans permitting or review requirements. However, Caltrans and AASHTO LRFD bridge design specification will form the basis of the bike and pedestrian bridge field exploration program and preliminary design evaluation.
The Michael Baker and Leighton Team hav e reviewed aerial imagery and performed a cursory review of available geotechnical reports near the project area, and specifically the proposed bridge location during the preparation of this proposal. Based on this information and our experience in the area, we anticipate that the site is underlain by near -surface clayey soils and coarser grained sands at depth. As such, we anticipate that the bridge will be supported at two abutments and the foundation system will consist of deep foundations. Our proposed geotechnical exploration program to evaluate these subsurface soils is to drill two borings at each side of Avenue I at the anticipated abutment and bridge approach locations to maximum depths of approximately 80 feet. The intent is to generate sufficient subsurface information in the area of Avenue I to support complete design of the bridge foundation elements from this preliminary design phase through final bridge design. Below is a summary of Leighton’s scope of work:
• Review readily available geotechnic al reports and regional geologic mapping relevant for this project site.
• Obtain a boring permit from the County of Los Angeles Department of Environmental Health in accordance with their requirements that a permit for any subsurface exploration that exceeds 10 feet in depth or where groundwater is expected. Given that two of the planned borings will each be to a depth of 80 feet, we will obtain a permit from the County for the work. • Perform a geotechnical exploration program that will ultimately form the basis of the final bridge design. As required by law, we will coordinate with Underground Service Alert (USA) for underground utilities.
• Based on aerial imagery of the site, it appears that the majority of the proposed pedestrian and bike path is covered wi th asphalt paving adjacent to Amargosa Creek. Leighton will penetrate existing asphalt with an 8-inch-diameter hollow-stem-auger, then drill, log and sample four borings to a depth of 5 feet for pathways, two borings to a depth of 20 feet for bridge approaches and two borings to a depth of 80 feet for bridge abutments (or to shallower depths if practical refusal is encountered) below the existing asphalt surface. Soil samples from the borings will be obtained using a modified-California ring -lined drive sam pler; recovered soil samples will be visually logged by members of Leighton’s technical staff. Leighton will backfill the borings and patch with asphalt cold patch to match existing grade.
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• Per County of Los Angeles permit requirements, the two 80 -foot borings will be backfilled with bentonite and cuttings will be stored in 40 -gallon drums. Thereafter, one composite sample will be tested for TPH -carbon chain, VOCs, and CAM -17 metals. Assuming that the soil test results indicate the soils are non-hazardous wa ste, disposal of the drums will be performed. The remaining borings will be backfilled with cuttings because they will be less than 10 feet in depth. • Selected soil samples obtained from our borings will be tested at our geotechnical laboratory in general a ccordance with applicable ASTM standards. We expect that in -place moisture and density, maximum dry density, Atterberg limits, grain size analysis, direct -shear, R -value, expansion index, and corrosion tests will be performed. • Prepare a preliminary geotechnical report to support the preliminary designs in accordance with the City of Lancaster’s Engineering Design Guidelines, Policies, and Procedures manual. The report will present preliminary recommendations for asphalt and concrete paving, bridge foundations, approach structure foundations, a nd retaining wall foundations. The preliminary geotechnical report will comment on the suitability of Caltrans Standard Plan retaining walls for use in the project. Although this project is not subject to Caltrans review , the preliminary bridge design recommendations will be provided in accordance with Caltrans and AASHTO LRFD bridge design specifications. In accordance with Caltrans’ Memo to Designers 3-1, Leighton will provide feasible pile types, diameters, and vertical capacities.
• Review one set of plans for the project.
• Respond to one set of review comments from the City on the geotechnical report.
This scope assumes that a traffic control plan for the explorations will not be required because the drilling activities will be located outside of the street right of way on the creek embankment.
4.0 TECHNICAL STUDIES
Following preliminary review of project -related information provided by the City, Michael Baker has determined that technical analysis of several key impact areas will be required as part of the formal CEQA document. The work program associated with these detailed technical studies is provided below.
4.1 Air Quality Analysis
Existing Conditions/Regulatory Framework . The project is located within the Mojave Desert Air Basin (MDAB), which is under the jurisdiction of the Antelope Valley Air Quality Management District (AVAQMD). Baseline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the project area. The existing conditions will also describe and address the requirements set forth by the AVAQMD’s Federal 8-Hour Ozone Attainment Plan. The analysis will be conducted in compliance with the AVAQMD CEQA Guidelines.
Short-term Construction and Long-Term Operational Emissions. Construction emissions will be quantified with the California Emissions Estimator Model version 2020.4.0 (CalEEMod). A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the AVAQMD Regional Thresholds of Signific ance. Naturally occurring
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asbestos impacts will also be qualitatively discussed. As the project would not significantly increase capacity or volumes of traffic in the area, operational emissions will be qualitatively evaluated.
Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P.) , the resultant human health impacts from the project’s short -term construction and long-term operational air emissions will be analyzed.
Valley Fever. Valley Fever, or coccidioidomycosis, is a pulmonary infection of human and other mammals caused by inhalation of the spores of the fungus Coccidioides immitis , which grows in the soil of the southwestern United States. Michael Baker Interna tional will conduct a review of maps and other available information to determine whether the soils within the project site have the potential to contain Valley Fever spores.
4.2 Biological Resources Assessment
As part of the B iological Resources Assessment, Michael Baker will conduct a database search of the California Department of Fish and Wildlife’s California Natural Diversity Database, the California Native Plant Society’s Inventory of Rare and Endangered Plants of Califor nia, and the U.S. Fish and Wildlife Service’s Information for Planning and Consultation project planning tool and Critical Habitat online mapper to identify any special-status
1 biological resources known to occur within the vicinity of the project site. Michael Baker will also review historic/current aerial photographs and topographic maps to assess existing site conditions and any ecological changes that have occurred within the project site.
Following the literature review, Michael Baker will conduct a field survey of the proposed trail alignment to document baseline biological conditions. Notes will be taken on all plant and wildlife species observed on-site during the field survey and any burrows that may be occupied by wildlife. In addition, the location of any special-status plant and wildlife species and special-status vegetation communities will be mapped, if present on-site.
Michael Baker will then prepare a letter report summarizing the information and results obtained during the literature review and field survey; document all plant, wildlife, and vegetation communities observed; and determine the potential for any special-status species to occur on or within the vicinity of the project site. Site photographs taken during the field survey and Geographic Information Systems (GIS) figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site. In addition, the report will analyze potential project -related impacts to biological resources, and identify any additional biological surveys, mitigation measures, and/or regulatory approvals that may be required in order to ensure the analysis of biological resources is compliant with current standards under CEQA.
1 As used in this Scope of Work, “special-status” refers to those plant and wildlife species that are Federally or State listed, proposed, or candidates; plant species that have been designated a California Rare Plant Rank by the California Native Plant Society; and species that are designated as Fully Protected, Species of Special Concern, or Watch List species by the California Department of Fish and Wildlife, or those vegetation communities that are considered sensitive by the California Department of Fish and Wildlife and listed for analysis in the California Natural Diversity Database. Plant and wildlife species that do not fit one of these categories will not be analyzed for presence or discussed in any detail as part of this effort.
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4.3 Jurisdictional Delineation
Based on a preliminary desktop review and correspondence with City staff, it is anticipated that the project would not impact State or federal jurisdictional resources . Michael Baker will conduct a site reconnaissance and perform a delineation of jurisdictional “waters of the United States” and “waters of the State” (including potential wetlands), located within and/or immediately adjacent to the boundaries of the project site , to confirm the assumption that the project would not impact State or federal jurisdictional resources. The jurisdictional delineation will result in:
• a determination of the U.S. Army Corps of Engineers (Corps) ordinary high -water mark (OHWM) and indicate the existence of any three-parameter wetlands on -site. The actual presence or absence of wetlands on-site will be verified through the determination of the presence of wetland hydrology, hydrophytic vegetation, and hydric soils pursuant to the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (Corps 2008);
• the CDFW ’s jurisdiction identified on-site as streambed or to the outer drip line of riparian vegetation (if present) pursuant to Section 1600 et seq. of the California Fish and Game Code (CFGC); and
• a determination of the Regional Water Quality Control Board’s (Regional Board) jurisdiction based on the adopted State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (State Water Resources Control Board, 2019). In cases where federal jurisdiction is not present, the delineation will identify areas under the jurisdiction of the Regional Board pursuant to Section 13263 of the California Porter-Cologne Water Quality Control Act.
Prior to surveying the project site, Michael Baker will conduct a thorough literature review of relevant information to support the site reconnaissance and report preparation. Sources reviewed are anticipated to include topographic maps, USDA Web Soil Survey, historic/current aerial photographs, Federal Emergency Management Agency (FEMA) flood zone maps, USFWS National Wetlands Inventory Mapper, hydrology/climate information, and watershed data.
Once the site visit is complete and the project site’s baseline information is obtained, Michael Baker will prepare a letter report discussing on-site jurisdictional areas. Pursuant to agency requirements, the report will include the required exhibits to enhance the written text and identify jurisdictional areas. Drainage and/or wetland features will be overlain on the aerial photograph and the extent (acreage and linear feet) of each agency’s jurisdiction will be identified.
4.4 Cultural and Paleontological Resources Identification Memorandum
As part of the cultural resources identification study, Michael Baker will complete a cultural resources records search of the project site within a half mile search radius at the South Central Coastal Information Center, Sacred Lands File search with the Native American Heritage Commission, literature, historic map and aerial photo review, local historical society consultation, a pedestrian survey, and an archaeological sensitivity analysis of the project site. The intent of the above-mentioned cultural resources identification efforts is to determine if there are historical resources, as defined in Section 15064.5(a) of CEQA , within the project site.
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As part of the paleontological identification efforts, Michael Baker will conduct a fossil locality search at the Natural History Museum of Los Angeles, literature and geologic map review, and a paleontological resources sensitivity analysis.
The findings of the cultural and paleontological resources identification efforts will be summarized in a combined memorandum. The memorandum will describe the project site, methods, and results of the cultural and paleontological resources identification efforts des cribed above, and recommendations or mitigation measures, as applicable. This scope assumes that there are no archaeological or built environment resources present within the project site that will require recordation or evaluation for listing in the Calif ornia Register of Historical Resources ; however, f urther studies may be required if archaeological, historical or paleontological resources are identified. These services can be provided under a separate scope and fee.
4.5 Greenhouse Gas Emissions Analysis
CalEEMod will be used to quantify construction related GHG emissions while operational emissions will be qualitatively analyzed. The analysis will determine the project’s impact by identifying if the project GHG emissions exceed the thresholds established by the AVAQMD. The GHG emissions analysis will also discuss the potential global climate change impacts, the effects of GHG emissions, and history of GHG emissions regulations in California. The analysis will review project consistency with applicable plans for the purpose of reducing GHG emissions, such as the California Air Resources Board 2017 Climate Change Scoping Plan and Southern California Association of Governments 20 20–2045 Regional Transportation Plan/Sustainable Communities Strategy (2020–2045 RTP/SCS). Mitigation measures will be identified and incorporated, as necessary, to reduce potentially significant GHG impacts of the proposed project.
4.6 Energy Analysis
Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix G and Appendix F of the CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or energy efficiency. The analysis will quantify energy consumption associated with short-term construction activities.
4.7 Noise Analysis
Existing Conditions. The applicable noise and land use compatibility criteria for the project area will be reviewed and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site.
Construction-Related Noise and Vibration. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (L max) and hourly equivalent continuous noise levels
(Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts will be based on the Federal Transit Administration’s vibration analysis guidance. Analysis requirements will
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be based on the sensitivity of the area, anticipated construction activities, and Noise Ordinance specifications.
Operational Noise Sources . As the project would not increase capacity or volumes of traffic in the area, operational noise will be qualitatively evaluated.
4.8 Assembly Bill 52 Consultation Assistance
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill 52 (AB-52). In coordination with the City, Michael Baker will prepare the draft consultation letters to tribes that have requested AB-52 notification. However, because consultation is required to be government-to-government, pursuant to State law, Michael Baker assumes that the City will send the consultation letters, complete the AB -52 consultation, and provide the consultation log with suppo rting documentation (ex. letters, emails, phone conversation summaries) for inclusion in the environmental document. This scope does not include attendance at consultation meetings or additional consultation.
5.0 INTIAL STUDY / MITIGATED NEGATIVE DECLARATION
5.1 Administrative Draft Initial Study
Michael Baker will prepare an Initial Study in accordance with the CEQA Guidelines. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. This section will denote the appropriate CEQA action based upon the Environmental Checklist/Environmental Analysis. The Initial Study report will be presented as follows:
5.1.1 Introduction
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Lancaster CEQA Implementation procedures for which the proposed project is subject. This secti on will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the Initial Study format, listing of responsible and trustee agencies, and documentation incorporated by reference.
5.1.2 Project Description
The draft project description prepared under Task 2.5 will be finalized for inclusion in the Project Description section of the Initial Study.
5.1.3 Initial Study Checklist
This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts.
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5.1.4 Environmental Analysis
Michael Baker will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), consideration of existing local, State and federal regulations, and measures to mitigate resulting adverse effects.
Environmental issues raised by City staff, agencies and the community, and any other releva nt and valid informative sources will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data.
The Environmental Analysis section will thoroughly discuss the existing conditions for each environmental issue area and identify short-term and long-term impacts associated with the project. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agriculture and Forestry Resources, Air Quality, etc.). The thresholds for significance shall be identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact, explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, in the same order as these issues are provided in the Initial Study.
A. AESTHET ICS/LIGHT AND GLARE
This section will characterize the existing aesthetic environment and visual resources for the site, including a discussion of views within the site and views from surrounding areas. The analysis will also consider the potential for the project to conflict with policies/regulations pertaining to visual resources and the introduction of new sources of light or glare.
B. AGRICULTURE AND FORESTRY RESOURCES
The project area is not designated for agricultural production or forest resources; th us, the Initial Study will confirm that there is no effect on agricultural and forest resources.
C. AIR QUALITY
Potential short-term construction and long-term operational impacts will be analyzed. Emissions will be quantified using the latest version of CalEEMod and compared to AVAQMD thresholds of significance; refer to Task 4.1, above.
D. BIOLOGICAL RESOURCES
This section will incorporate the conclusions of the Bi ological Resources Assessment and Jurisdictional Delineation prepared by Michael Baker for the project; refer to Tasks 4.2 and 4.3, above.
E. CULTURAL RESOURCES
This section will incorporate the conclusions of the Cultural Resources Identification Memorandum prepared by Michael Baker for the project; refer to Task 4.4, above.
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F. ENERGY
Refer to Task 4.6, above. Short -term construction and long -term operational impacts regarding energy resources and consumption will be analyzed in this section.
G. GEOLOGY AND SOILS
This section will incorporate the conclusions of the Preliminary Geotechnical Report prepared by Leighton for the project; refer to Task 3.6, above. This section will also summarize the findings of the Paleontological Resources Identification Memorandum prepared by Michael Baker for the project ; refer to Task 4.4, above.
H. GREENHOUSE GAS EMISSIONS
Refer to Task 4.5, above. Project short -term construction and long-term operational greenhouse gas emissions will be estimated using CalEEMod and compared to AVAQMD thresholds of significance.
I. HAZARDS AND HAZARDOUS MATERIALS
Based on the General Plan, General Plan EIR, General Plan MEA, and available online resources, a summary of existing regulatory conditions per the State Cortese Database Listing and hazardous materials conditions within the City will be provided. Michael B aker will utilize the above referenced research/documentation to analyze potential project -related impacts, as they pertain to hazards and hazardous materials per the CEQA thresholds of significance. Potential impacts associated with routine handling/storage/transport of hazardous materials, as well as potential accidental conditions during construction and operations involving hazardous materials will be analyzed. Project emergency access will also be considered.
J. HYDROLOGY AND WATER QUALITY
This analysis will describe existing and proposed hydrology and water quality conditions. Michael Baker will utilize available existing information from the General Plan, General Plan EIR, and General Plan MEA to support the analysis within this section. Hydrology and w ater quality information provided in local reference documents will also be utilized to identify hydrological or water quality concerns. The potential for the project to degrade water quality, interfere with groundwater recharge, or expose people to water related hazards will be identified. Potential for the proposed project to violate water quality standards or waste discharge requirements will also be analyzed. Mitigation measures will be identified and incorporated, as necessary, to reduce the project’s potentially significant hydrology and water quality impacts.
K. LAND USE AND PLANNING
The site is currently designated by the General Plan as Open Space. No new land uses are proposed as part of the project. The project would provide a benefit to the City by providing safe multimodal access to local residential communities, businesses, cultural centers, schools, healthcare facilities, and transit stops. Thus, no impacts related to physically dividing an establ ished community would occur.
Nevertheless, the proposed project will be analyzed to evaluate consistency with applicable land use plans
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and policies, including the Southern California Association of Governments’ 2020-2045 RTP/SCS, General Plan, and Municipal Code.
L. MINERAL RESOURCES
The Initial Study will note that there is no effect of the project upon mineral resources.
M. NOISE
Refer to Task 4.7, above. Short-term construction analysis will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. Operational noise will be minimal a s the project would not increase capacity or volumes of traffic in the a rea. The project would provide new active transportation opportunities in the City.
N. POPULATION AND HOUSING
Construction of the Amargosa Trail would not directly or indirectly result in substantial population growth or displace existing residents or residences. As such, t he proposed project is not anticipated to have substantial adverse effects pertaining to population and housing. These findings will be documented in the IS/MND.
O. PUBLIC SERVICES
Michael Baker will describe existing conditions related to fire, police, parks, and recreation and describe potential project impacts. The discussion will focus on the potential alteration of existing facilities, extension or expansion of new facilities, a nd the increased demand on services based on the proposed use.
P. RECREATION
The Initial Study will analyze the potential for increased use of or substantial degradation of existing local and regional parks. As a recreational trail, the project is anticipate d to result in beneficial impacts in this regard. The Initial Study will also evaluate potential impacts on construction or expansion of recreational facilities based on the proposed land use.
Q. TRANSPORTATION
The Transportation section will analyze the potential for project implementation to conflict with appliable transportation plans and policies, including transit, roadway, bicycle, and pedestrian facilities. The intent of the project is to construct a new Class 1 multi-use bicycle and pedestrian trail that serves non-motorized travel within the City and thus, it is anticipated that project implementation would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Potential impacts related to geometric design feature hazards and emergency access will also be considered.
R. TRIBAL CULTURAL RESOURCES
Refer to Task 4.8, above. The City, along with Michael Baker, will initiate Native American consultation in accordance with AB-52 and contact the NAHC . This section will incorporate the findings of the Cultural
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Resources Identification Memorandum and summarize the conclusions of the Native American consultation, which will be provided by the City.
S. UTILITIES AND SERVICE SYSTEMS
Refer to Task 2.3 , above. Michael Baker will contact potentially affected agencies to confirm relevant existing conditions, project impacts, and recommended mitigation measures, as necessary. The ability o f existing infrastructure to support development will be confirmed in terms of increased demand/generation of utilities, including water, wastewater, and solid waste. The discussion will focus on the potential alteration of existing facilities, extension, or expansion of new facilities and the increased demand on services based on the proposed project.
T. WILDFIRE
The California Department of Forestry and Fire Protection does not identify any areas within the City as Very High Fire Hazard Severity Zones. As such, Michael Baker will document these findings in the IS/MND.
U. MANDATORY FINDINGS OF SIGNIFICANCE
This section will focus on cumulative project effects and considerations.
5.1.5 Initial Study Determination
The determination page will conclude the appropriate action (expected to be adoption of a Mitigated Negative Declaration [MND]) based upon the environmental analysis.
5.1.6 Graphic Exhibits
The Initial Study will include a maximum of eight (8) exhibits to enhance the written text and clarify the proposed project environmental impacts. Michael Baker will use state -of-the-art computer design equipment and techniques to create professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and Appendices.
5.2 Screencheck Draft IS/MND
Michael Baker will respond to one complete consolidated set of City comments on the Administrative Draft Initial Study. This task assumes that no substantive changes to the Project Description will be raised.
Michael Baker will provide the Screencheck Draft Initial Study in track changes to assist with City review of the document.
5.3 Public Review Draft IS/MND
Michael Baker will respond to one complete consolidated set of comments from the City on the Screencheck Draft Initial Study. Similar to the Screencheck Draft, Michael Baker will provide a “proofcheck” Public Review Draft Initial Study in track changes to assist with final check of the document.
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5.3.1 Mitigated Negative Declaration
Michael Baker will prepare the MND for City review. This will be attached to the Initial Study to fully explain the project and its effects. The Public Review Draft IS/MND would be subject to a State-mandated 30-day public review period.
This task assumes the City will be responsible for the preparation, distribution, and posting of the Notice of Intent (NOI) for the IS/MND.
5.4 Final IS/MND
5.4.1 Responses to comments and Errata
Michael Baker will respond to all written comments received during the 30 -day public review period.
Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant environmental issues.
The Administrative Draft Responses to Comments will be prepared for review by City staff. Michael Baker will prepare a Screencheck Draft Responses to Comments in response to City comments for a second round of City review. This scope assumes 10 comment letters of normal detail (two to three pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate. This scope assumes no new technical analyses or field work are required to respond to comments.
If necessary, Michael Baker will prepare an Errata section as part of the Final IS/MND for City review and approval. The Errata will identify any revised text in strikethrough and underline, as necessary, to address comments received on the Public Review Draft IS/MND. Two rounds of review of the Errata (administrative and screencheck versions) will be prepared for City review and approval.
The Final IS/MND will be comprised of the Responses to Comments, Errata, and Mitigation Monitoring and Reporting Program (see Task 5.4.3 below).
5.4.2 Mitigation Monitoring and Reporting Program
Pursuant to Public Resources Code Section 21081.6 (AB 32180), Michael Baker will prepare an Administrative Draft Mitigation Monitoring and Reporting Program (MMRP) to provide a basis for monitoring such measures during and upon project implementation. The MMRP will include the list of Mitigation Measures (in order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Met hod of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Two rounds of review of the MMRP (administrative and screencheck versions) will be prepared for City review and approval.
5.4.3 Completion of Final IS/MND
The Final IS/MND will be comprised of the Responses to Comments, Errata, and MMRP. As stated, Michael Baker will respond to one complete consolidated set of City comments on the Administrative Final IS/MND and provide a Screencheck Final IS/MND with all changes highlighted to assist the final check of the document.
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This task assumes the City will be responsible for the distribution of the Final IS/MND to all commenting agencies as well as the preparation and posting of the Notice of Determination (NOD) within five days of IS/MND adoption. This scope of work excludes any applicable CEQA filing fees required by CDFW.
OPTIONAL TASKS
If the Jurisdictional Delineation (Task 4.3) identifies impacts to State or federal jurisdictional resources as a result of project implementation, then Tasks 6.0 and 7.0 would be required.
6.0 REGULATORY PERMITTING
6.1 U.S. Army Corps of Engineers Approved Jurisdictional Determination
Based on a preliminary review of the project site and nearby Clean Water Act (CWA) Approved Jurisdictional Determinations (AJD), Amargosa Creek would not be subject to regulation under Section 404 of the CWA and the City would not be required to obtain a permit from the Corps. Therefore, an AJD is required to receive formal concurrence from the U.S. Army Corps of Engineers (Corps). This task includes the preparation of a jurisdictional determination (Corps concurrence) based on the Delineatio n of Jurisdictional Waters Letter Report for the subject project. The determination is the Corps’ formal approval, which locks in jurisdictional and/or non -jurisdictional findings for up to five (5) years. This is a mandatory task to confirm that no Corps permit is required prior to construction.
6.2 Regional Water Quality Control Board Waste Discharge Requirements
Michael Baker will prepare and submit a Waste Discharge Requirements (WDR) package to the Regional Board pursuant to Section 13263 of the Cali fornia Porter-Cologne Water Quality Control Act (Porter - Cologne Act). The application package is required to ensure State water quality standards have been met.
The submittal package will include:
• Cover Letter: The letter will be on Michael Baker letterhead and introduce the project and define the submittal document.
• Waste Discharge Requirements Application Form : The most recent Regional Board application form will be utilized. An attachment may also be included so that the complete and detailed project description for improvements within jurisdictional areas is provided.
• Copies of other Regulatory Agency Applications : A copy of the CDFW Section 1602 Lake or Streambed Alteration Agreement (LSAA) Notification will be provided.
• Best Management Practices (BMP)/Water Quality Design: The project’s BMPs will be described to verify that no water quality impacts will occur.
• Project Figures: GIS figures and site photographs will be included to illustrate key project features and help clarify written text.
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• Alternatives Analysis: Based on a preliminary review of the proposed project, it is assumed the project includes only discharges to waters of the S tate outside of federal jurisdiction, but the entire project would meet the terms and conditions of one or more Water Board-certified Corps’ General Permits (Nationwide Permit (NWP) 14 – Linear Transportation Projects ), including any Corps District’s regional terms and conditions, if all discharges were to waters of the U.S.
Therefore, according to the State We tland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, this project qualifies for an exemption to the requirement of preparing an alternatives analysis for the Regional Board. NWP 14 must meet specific size thresholds for all impacts to waters of the State to comply with the general order.
• Environmental Documentation: Where relevant, the environmental documentation section of the submittal package will include the Delineation of Jurisdictional Waters, and Biolog ical Resources Assessment, and other relevant technical documents, as available.
• Regional Board Application Fees : A Waste Discharge Requirements Application fee (provided by the City) is required to be submitted with the WDR application package.
6.3 CDFW Section 1602 Lake or Streambed Alternation Agreement
6.3.1 Section 1602 Lake or Streambed Alteration Agreement (LSAA) Notification
The proposed project is located within CDFW jurisdictional areas; therefore, Michael Baker will prepare a Lake or Streambed Alteration Agreement (LSAA) Notification, pursuant to the Section 1602 of the CFGC.
The LSAA Notification package will include:
• Notification Cover Letter: The letter will be on Michael Baker letterhead and introduce the project and define the submittal document.
• Notification Form: Michael Baker will complete the most recent CDFW LSAA Notification Form (DFW 2023) and provide a separate attachment with a written description of all project activities and impacts so that the complete project descri ption and necessary detail is included, as necessary.
• Project Figures: Figures will illustrate key project features and help clarify written text. Anticipated figures include: Regional Vicinity Map, Site Vicinity Map, USDA Soils Map, Site Photographs, Jurisdictional Map, and Project Site Plans.
• Notification fee (provided by the City).
6.3.2 Section 1602 LSAA Studies
Accompanying the Section 1602 LSAA Notification Submittal, Michael Baker will include the required environmental documentation including copies of the draft CEQA document (Task 5.4 ), Biological Resources Assessment (Task 4.2), Jurisdictional Delineation Report (Task 4.3), and other relevant technical documents, if available.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 20
6.3.3 Section 1602 LSAA Agreement Processing
Michael Baker will provide regulatory services for the processing of the Section 1602 LSAA through CDFW.
CDFW permit processing will include the required correspondence or telephone calls with the CDFW reviewing staf f assigned to the project related to the permit applications or points of clarification, if necessary. Typically, responses to agency comments are provided via email and telephone; however, this task includes two rounds of formal response to comments for the 1602 Notification package.
6.4 Regulatory Approval Processing
Michael Baker will provide additional regulatory services for the processing of the AJD through the Corps, and the WDR application through the Regional Board . Permit processing will include required correspondence or telephone calls with the reviewing agency staff related to the permit applications or points of clarification, if necessary. Typically, responses to agency comments are provided via email and telephone; however, this task includes two rounds of formal (written submittal) response to comments per each application package. Michael Baker will prepare a master coordination tracking log documenting submittals and status review. The tracking log will also include call logs and electronic communication with agency reviewers. Finally, an electronic Permit Summary Report will be submitted to the City once the agency approvals are obtained.
7.0 HABITAT MITIGATION AND MONITORING PLAN
7.1 Habitat Mitigation and Monitoring Plan
Michael Baker will prepare a Habitat Mitigation and Monitoring Plan (HMMP) for the project site. The HMMP is designed to document compensatory mitigation to off -set the project’s original jurisdictional impacts. Areas for potential mitigation shall be identified and the Plan developed following approval from the City, Regional Board, and California Department of Fish and Wildlife (CDFW). The Plan shall discuss:
• Responsibilities and qualifications of the personnel to implement and supe rvise the plan : The responsibilities of the Applicant that would supervise and implement the plan shall be specified.
• Baseline Information: Site conditions will be documented for both the project’s impact areas as well as the locations identified for restoration in the design plans.
• Site preparation and planting implementation: Site preparation may include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation (if required); (6) erosion control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting.
• Schedule: A schedule shall be developed which includes planting in late fall and early winter (between October 1 and January 30) or dictated by the regulatory agencies.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 21
• Maintenance plan/guidelines: The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance (if required); (5) maintenance training; and (6) replacement planting.
• Monitoring Plan: The Monitoring Plan shall be described to include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above -listed resource agencies; (4) monthly reports for the first year and reports every other month thereafter; and (5) annual reports, which shall be submitted to the resource agencies on a yearly basis, for five years. This task does not include monitoring of the restoration sites.
• Adaptive Management Plan: General procedures for adaptive management shall be outlined based on known challenges within the area (i.e., drought stress, invasive pest mitigation).
Following quantitative site assessments, patterns and trends related to site development will be reviewed and recommendations shall be made to correct any issues identified.
• Long-term Management: Long-term management of the site shall also be outlined in the HMMP to ensure the mitigation site is not impacted by future development.
Pursuant to agency requirements, the HMMP will include a maximum of five exhibits to enhance the written text and clarify the approach.
A reference site will also be identified, if available . The reference site would be in the same watershed and would provide an “example” of what the mitigation site would become. The focus is on functions and services of the mitigation site, rather than just aesthetics and vegetation.
Review of Plant Quantities
Working in concert with Michael Baker’s wetland biologists, our licensed landsc ape architect will review the existing species planting list and plant quantities to be utilized and advise on any changes needed for the final design. This task includes identification of plant types (i.e. , cuttings, 1 -gallon containers, hydroseed) and quantities (cuttings/pounds/gallons per acre). Spacing requirements will also be defined.
This task excludes construction and irrigation plans.
Preparation of Final HMMP Report
This task includes responses to comments and revisions associated with client and/or regulatory agency reviews. Michael Baker shall provide regulatory services for the completion of the HMMP. The processing shall include required correspondence or telephone calls between the reviewing staff related to the HMMP. Typically, responses to agency comments are provided via email; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments, as needed.
PROJECT DELIVERABLES
Kick-Off Meeting
• One (1) electronic copy of the Kick-Off Meeting Agenda
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 22
• One (1) electronic copy of the Kick-Off Meeting Minutes Investigations and Research
• One (1) electronic copy of the Ortho Photo, Topographic Map • One (1) electronic copy of the Utility Mapping
• One (1) electronic copy of the Draft and Final Project Description Preliminary Design
• Up to three electronic copies of concept plans for the four local road crossing locations • One (1) electronic copy of the 30% Plans and Estimate • One (1) electronic copy of the Preliminary Design Report Structural Feasibility Study
• One (1) electronic copy of the Structural Feasibility Study and Preliminary Cost Estimate for two alternatives
• One (1) electronic copy of the Bridge General Plan and Typical Section Sheets (2 Plan Sheets) for one bridge type
Geotechnical Investigation
• One (1) electronic copy of the Preliminary Geotechnical Report including pavement and bridge foundation recommendations
Air Quality/ GHG/Energy
• One (1) electronic copy (PDF file) of the CalEEMod results Biological Resources
• One (1) electronic copy (PDF file) of the Biological Resources Assessment Jurisdictional Delineation
• One (1) electronic copy (PDF file) of the Jurisdictional Delineation Cultural and Paleontological Resources
• One (1) electronic copy (PDF file) of the Cultural and Paleontological Resources Identification Memorandum
AB 52 Tribal Consultation Assistance
• One (1) electronic copy (PDF file) of the Draft AB 52 Tribal Consultation Letters Administrative Draft Initial Study
• One (1) electronic copy (MS Word and PDF file) of the Administrative Draft Initial Study and Technical Appendices
Screencheck Draft Initial Study
• One (1) electronic copy (MS Word and PDF file) of the Screencheck Draft Initial Study and Technical Appendices
Public Review Draft IS/MND
• One (1) electronic copy (MS Word and PDF file) of the Public Review Draft IS/MND and Technical Appendices
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT
August 2022 Page 23
Final IS/MND
• One (1) electronic copy (MS Word and PDF file) of the Administrative Final IS/MND (including Responses to Comments, Errata, and MMRP)
• One (1) electronic copy (MS Word and PDF file) of the Screencheck Final IS/MND • One (1) electronic copy (MS Word and PDF file) of the Final IS/MND
EXHIBIT “2”
SCHEDULE
A. Task Order 1 – Schedule
EXHIBIT 2: SCHEDULE
In order to preserve grant funding and meet building occupancy schedules, time is of the essence. Task Order will be processed and executed as soon as possible following selection, and shall be in place prior to Notice to Proceed.
City review periods, as noted in Exhibit 1, are included in this schedule; no additional time will be awarded for allowable time with City.
The agreement which was extended through December 2022 shall be extended through the end of this project, est. Summer 2024.
With submittal of a Proposal, the Consultant acknowledges unders tanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT IS/MND
August 2022 Page 24
ESTIMATED SCHEDULE
The following preliminary schedule assumes authorization to proceed with the work program o n September 1, 2022. This schedule assumes all project information is complete and available prior to or at the time of the Kick-Off Meeting.
EXHIBIT “3”
PAYMENT OF FEES
The Consultant shall maintain separate costs and shall identify the specific costs. The costs under this task order are on the next page.
PROPOSAL TO PREPARE THE PRELIMINARY DESIGN AND IS/MND
FOR THE AMARGOSA RECREATION TRAIL PROJECT IS/MND
August 2022 Page 25
COST PROPOSAL
Note: All work will be performed on a Fixed Fee basis. The total budget includes miscellaneous costs for travel/mileage, reproduction, reimbursables, telephone, postal, delivery, reference materials and incidental expenses. The Michael Baker project manager reserves the right to make adjustments to staff allocations as necessary within the overall budget.
Senior
Principal
Project
Principal
Project
Director
Program
Manager
Project
Manager
Design
Engineer
Senior
Engineer
Project
Engineer
Designer/
Planner
Design
Technician
Structural
Engineer
2-Person
Survey
Crew
Licensed
Surveyor
Field
Supervisor
1-Person
Survey
Crew
Senior
Planner
Project
Planner
Environmental
Specialist
Office
Support/
Clerical
Task
No. Task Description $315.00 $290.00 $270.00 $260.00 $230.00 $165.00 $190.00 $175.00 $135.00 $120.00 $215.00 $290.00 $210.00 $187.00 $180.00 $190.00 $160.00 $155.00 $85.00
1.0 Project Management, Meetings, & Hearings 0 20 19 20 98 40 0 0 12 0 8 0 0 0 0 0 0 0 4 221 $48,950.00 $0.00 $0.00 $48,950.00
1.1 Project Kick-Off Meeting 2 2 4 2 4 14 $2,710.00
1.2 Project Meetings 6 3 12 24 6 8 59 $13,900.00
1.3 Public Hearings 8 8 10 8 34 $8,100.00
1.4 Project Management/Coordination 4 6 8 60 24 12 114 $24,240.00
2.0 Investigations and Research 0 0 2 0 10 8 0 0 48 28 0 3 23 25 22 0 20 0 0 189 $31,535.00 $0.00 $7,500.00 $39,035.00
2.1 Aerial Topographic Mapping 3 11 25 22 61 $11,815.00 $7,500.00
2.2 Records Research and Initial Field Review 2 4 20 12 12 50 $7,860.00
2.3 Utility Research and Coordination 4 28 16 48 $6,360.00
2.4 Research and Investigation 4 6 10 $1,880.00
2.5 Draft Project Description 6 14 20 $3,620.00
3.0 Preliminary Design 12 0 34 26 3 64 20 120 248 116 72 0 0 0 0 0 0 0 4 719 $118,990.00 $76,825.00 $0.00 $195,815.00
3.1 Develop Alternatives/Concept Plans 4 16 32 4 40 120 60 276 $42,020.00
3.2 Design Workshops 6 3 12 12 33 $5,910.00
3.3 Prepare 30% Plans and Estimate 8 8 12 24 40 40 132 $20,160.00
3.4 Preliminary Design Report 2 4 4 32 16 58 $8,200.00
3.5 Structural Feasibility Study 8 26 56 44 72 206 $40,500.00
3.6 Geotechnical Exploration and Report 2 8 4 14 $2,200.00 $76,825.00
4.0 Technical Studies 0 0 0 0 18 0 0 0 217 0 0 0 0 0 0 69 0 38 30 372 $54,985.00 $0.00 $0.00 $54,985.00
4.1 Air Quality Analysis 1 35 12 48 $6,815.00
4.2 Biological Resources Assessment 4 24 30 12 70 $10,880.00
4.3 Jurisdictional Delineation 1 53 23 77 $11,755.00
4.4 Cultural & Paleo Resources Identification Memo 8 46 14 4 18 90 $12,860.00
4.5 GHG Emissions Analysis 1 15 8 24 $3,495.00
4.6 Energy Analysis 1 10 4 15 $2,200.00
4.7 Noise Analysis 1 28 10 39 $5,560.00
4.8 AB 52 Consultation Assistance 1 6 2 9 $1,420.00
5.0 IS/MND 0 11 0 0 34 0 0 0 24 0 0 0 0 0 0 10 132 0 18 229 $38,800.00 $0.00 $0.00 $38,800.00
5.1 Admin Draft IS 4 16 10 98 12 140 $23,440.00
5.2 Screencheck Draft IS/MND 2 6 6 16 30 $5,330.00
5.3 Public Review Draft IS/MND 1 4 12 4 21 $3,470.00
5.4 Final IS/MND 4 8 18 6 2 38 $6,560.00
12 31 55 46 163 112 20 120 549 144 80 3 23 25 22 79 152 38 56 1,730 $293,260.00 $76,825.00 $7,500.00 $377,585.00 $5,600.00 $5,600.00
$3,780.00 $8,990.00 $14,850.00 $11,960.00 $37,490.00 $18,480.00 $3,800.00 $21,000.00 $74,115.00 $17,280.00 $17,200.00 $870.00 $4,830.00 $4,675.00 $3,960.00 $15,010.00 $24,320.00 $5,890.00 $4,760.00 $298,860.00 $76,825.00 $7,500.00 $383,185.00
6.0 Regulatory Permitting 0 0 0 0 0 0 0 0 142 0 0 0 0 0 0 72 0 0 0 214 $32,850.00 $0.00 $0.00 $32,850.00
6.1 Corps Section AJD 25 11 36 $5,465.00
6.2 Regional Board WDR 29 14 43 $6,575.00
6.3 CDFW Section 1602 LSAA 44 24 68 $10,500.00
6.4 Regulatory Approval Processing 44 23 67 $10,310.00
7.0 HMMP 0 0 0 0 0 0 0 0 82 0 0 0 0 0 0 26 0 0 0 108 $16,010.00 $0.00 $0.00 $16,010.00
7.1 HMMP 82 26 108 $16,010.00
0 0 0 0 0 0 0 0 224 0 0 0 0 0 0 98 0 0 0 322 $48,860.00 $0.00 $0.00 $48,860.00 $250.00 $250.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $30,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18,620.00 $0.00 $0.00 $0.00 $49,110.00 $0.00 $0.00 $49,110.00 TOTAL HOURS AND FEE:
OTHER DIRECT COSTS:
SUBTOTAL HOURS AND FEE:
Total Fee By
Task
Michael Baker International, Inc.
Michael
Baker
Hours
Michael
Baker Fee
Aerial
Mapping
Vendor Fee
Leighton
Geotechnical
Fee
SUBTOTAL HOURS AND FEE:
OTHER DIRECT COSTS:
TOTAL HOURS AND FEE:
OPTIONAL TASKS
STAFF REPORT
City of Lancaster
CC 17
9/13/2022
JC
Date:September 13, 2022
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation, and Community Services Subject:SBA Cell Tower #CA4564-A Early Lease Extension at Rawley Duntley Park Recommendation:
a. Approve the early cell tower lease extension with SBA 2012 TC Assets, LLC, A Delaware limited liability company, at Rawley Duntley Park, also known as cell tower #CA4564-A Desert View.
b. Accept a one-time sign-on bonus of $20,000 and $1,954.27 in monthly rent to revenue account 101-3402-100.
c. Authorize City Manager, or his designee, to sign all agreements and associated documents.
Fiscal Impact:
Increase FY23 revenue in the amount of a one-time signing bonus of $20,000. The current monthly revenue of $1,954.27 and an annual CPI escalation that shall not be less than 3% nor more than 5% of the current rent per year will remain in effect.
Background:
Founded in 1989, SBA Communications Corporation (SBA) is a leading independent owner and operator of wireless communications infrastructure, including a cell tower located at Rawley Duntley Park, 3334 West Ave. K, Lancaster CA 93534.
The Renewal Terms of the original Agreement (April 22, 2000) included five (5) additional successive terms of five (5) years (each a “Renewable Term”) and is set to expire on May 1, 2030.
The amendment will commence on May 2, 2030, upon the expiration of the Renewal Term on May 1, 2030; each Renewal Term shall be deemed automatically extended through 2055 unless Lessee notified the Lessor of its intention not to renew the Agreement before the commencement of the succeeding Renewal Term.
In exchange for the lease of land and early extension, SBA has agreed to pay a sign-on bonus of $20,000 and monthly revenue of $1,954.27, and an annual CPI escalation that shall not be less 1 0
3 4
than 3% nor more than 5% of the current rent per year. Otherwise, the terms of the original lease and the first amendment shall remain the same.
SP:ac
Attachment:
Amendment to Communications Site Lease Agreement
00594258 - v3 CA45564-A/Desert View
1 Prepared by: Denise Scherer
After recording return to: Rita Drinkwater
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487
Ph: 800-487-7483 ext. 7872
Parcel ID: 3112-001-904
AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND)
THIS AMENDMENT TO COMMUNICATIONS SITE LEASE
AGREEMENT (GROUND) ("Amendment") is executed this ______ day of _____________, 2022 (“Effective Date”) by and among THE CITY OF LANCASTER, a California municipal corporation, having an address at 44933 Fern Ave, Lancaster, CA 95321-2461 ("Lessor") and SBA 2012 TC ASSETS, LLC, a Delaware limited liability company , having a principal office located at 8051 Congress Aven ue, Boca Raton, FL 33487-1307 ("Lessee").
WHEREAS, Lessor and Nextel of California Inc., a Delaware limited liability corporation, d/b/a Nextel Communications , entered into that certain Communications Site Lease Agreement (Ground), dated April 22, 2000, as evidenced by that certain Memorandum of Agreement dated April 13, 2009, and recorded July 10, 2009 , as Document Number 20091043844 , and assigned to Lessee , f/k/a TowerCo Assets LLC, a Delaware limited liability company, successor by merger to Towe r Entity 7 LLC, a Delaware limited liability company, pursuant to that certain Assignment and Assumption of Ground Lease dated September 23, 2008 , and recorded March 2, 2009 as Document Number 20090291082; both recordings of the Official Records of Los Ang eles County, California, as amended and assigned from time to time (collectively, “Agreement”) for Lessee’s use of a portion of the real property ("Premises") located at 3334 West Ave. K (Rawley-Duntley Park), Lancaster, CA 93534 (“ Land”), being more parti cularly described in the attached Exhibit “A”; and
00594258 - v3 CA45564-A/Desert View
2 WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Agreement as provided herein.
NOW, THEREFORE , for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement:
1. Section 4. Term, of the Agreement is hereby amended to include the following:
In addition to the Renewal Term s as referenced in the Agreement, the Agreement is hereby amended to include five (5) additional successive terms of five (5) years (each a “Renewal Term”). Each Renewa l Term shall be deemed automatically extended, unless Lessee notifies Lessor of its intention not to renew the Agreement prior to the commencement of the succeeding Renewal Term. The first Renewal Term shall commence on May 2, 2030 , upon the expiration of the Renewal Term expiring on May 1, 2030.
2. The third (3rd) sentence in Section 14. Assignment and Subletting , of the Agreement is hereby deleted in its entirety and replaced with the following:
Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor ’s obligations herein , provided, however, that Lessor s hall not assign this Agreement to any company or its affiliates (a) engaged in the business of owning, operating or maintaining wireless communications facilities, or (b) having any interest as a la ndlord, tenant or any other capacity in any wireless communications ground lease or easement , without Lessee’s written consent, in Lessee’s sole and absolute discretion.
3. Section 19. Notices, subsection (d) of the Agreement is hereby amended as follows:
If to Lessor:
CITY OF LANCASTER,
Not Specified , having an
If to Lessee:
City of Lancaster
44933 Fern Ave
Lancaster, CA 95321-246
SBA 2012 TC Assets, LLC
Attn: Site Administration
8051 Congress Avenue
Boca Raton, FL 33487-1307
Re: CA45564-A/Desert View
4. Upon full execution of this Amendment, Lessee shall pay to Lessor a one -time payment of Twenty Thousand and No 100 dollars ($20,000.00).
5. Capitalized terms not defined in this Amendment will have the meaning
00594258 - v3 CA45564-A/Desert View
3 ascribed to such terms in the Agreement.
6. This Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Land is located without regard to principles of conflicts of law.
7. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence.
8. Lessor acknowledges that the attached Exhibit “A” may be preliminary or incomplete and, accordingly, Lessee may replace and substitute such exhibit with an accurate survey and legal descriptions of the Premises and re -record this Amendment with Lessor’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed . Following such re -recording, the descriptions of the Premises described therein shall serve as the descriptions for same for all purposes under the Agreement.
9. Lessor represents and warrants to Lessee that Lessor is the sole owner in fee simple title to the Premises and Lessor’s interest under the Agreement and that consent or approval of no other person is necessary for Lessor to enter into this Amendment.
10. This Amendment may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same Amendment.
11. Lessee shall have the right to record this Amendment.
[The remainder of this page is intentionally left blank. Signatures to follow.]
00594258 - v3 CA45564-A/Desert View
4 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written.
WITNESSES:
The City Of Lancaster a Delaware limited
liability company
___________________________________
Print Name:__________________________
___________________________________
Print Name:__________________________
LESSOR:
The City of Lancaster, a California municipal
corporation
By:______________________________
Print Name:_______________________
Title: ____________________________
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF _____________________________
On _________________________, 20 22, before me, ____________________________ personally appeared __________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the with in instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person who executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Notary Public___________________________
(NOTARY SEAL)
00594258 - v3 CA45564-A/Desert View
5 WITNESSES:
SBA 2012 TC Assets, LLC, a Delaware
limited liability company
___________________________________
Print Name:__________________________
___________________________________
Print Name:__________________________
LESSEE:
SBA 2012 TC Assets, LLC, a Delaware
limited liability company
By:__________________________________
Martin Aljovin
Vice President - Asset Optimization
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this _____ day of ____________, 2022, by Martin Aljovin, Vice President - Asset Optimization of SBA 2012 TC Assets, LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me and did not take an oath.
______________________________________
Notary Public___________________________
My Commission Expires__________________
(NOTARY SEAL)
00594258 - v3 CA45564-A/Desert View
6 EXHIBIT “A”
Legal description to be incorporated upon receipt of final survey.
STAFF REPORT
City of Lancaster
CC 18
9/13/2022
JC
Date: September 13, 2022
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director of Parks, Arts, Recreation and Community Services Subject:21st Century and After School Education and Safety Program: A.S.E.S Recommendation:
a. Approve the City operation of A.S.E.S after-school programming at nine school sites. b. Authorize the City Manager or designee to execute all contracts and associated documents, including partnership agreement, subject to City Attorney approval.
Fiscal Impact:
The program is budgeted in FY23 Budget expenditure account 101-3409-200. The Lancaster School District will reimburse the City for program expenses in the amount of $742,492.95, utilizing California Department of Education A.S.E.S. Grant funds.
Background:
In a collaborative effort with the Lancaster School District, the After School Education and Safety Program (A.S.E.S) is a cooperative after-school program developed by the City of Lancaster and the Lancaster School District. The A.S.E.S. program is held at nine area schools: Discovery, Desert View, Jack Northrop, Lincoln, Linda Verde, Mariposa, Monte Vista, New Vista, and Sunnydale. The program offers an extensive menu of enrichment activities that promote academic, physical, and social development.
Over the last two decades, a tremendous amount of research highlights the need for and benefits of after-school programming for youth and identifies the key elements of effective youth development. As such, in partnership with the Lancaster School District the evolution and implementation of the A.S.E.S. Program supports the efforts of the City and schools ensuring we provide relevant activities and programming to meet the community’s needs.
The City has recruited, staffed, and operated the A.S.E.S. program for over 20 years with a successful performance history. Through this time, we have provided in a joint effort, a safe and supportive social and emotional environment for all participants. Consequently, promoting a 1 0
3 6
growth mindset and engaging in thought-provoking hands-on enrichment activities—building confidence and skills.
SP: mv
Attachment:
STAFF REPORT
City of Lancaster
CC 19
9/13/2022
JC
Date:September 13, 2022
To: Mayor Parris and City Council Members
From:Kathleen Abaied-Senior Manager, Human Resources
Subject:Amending the Fiscal Year 2022-23 Full Time Budgeted Headcount Recommendation:
Adopt Resolution 22-51, amending Resolution 22-XX, establishing an additional full-time position.
Fiscal Impact:
The recommended action will not result in any increase to the 2022- 2023 Budget in full time employee salaries. The Los Angeles County Homeless Innovation Funds Round II Grant will cover full compensation and fringe benefits for this Homeless Services Coordinator position.
Background:
Homelessness is a regional crisis. As such, one of the top priorities of the County of Los Angeles (County) Chief Executive Office’s Homeless Initiative (CEO-HI) is to continue strengthening the collaboration between the County and diverse stakeholders, including the 88 cities in Los Angeles County. Cities play a vital role in preventing and combatting homelessness; the County and CEO-HI both have recognized the opportunity to partner with cities to achieve the goal of combatting homelessness. .
On July 13, 2021, the County Board of Supervisors unanimously approved the Fiscal Year (FY) 2021-22 Homeless Initiative Funding Recommendations, which included funding for Council of Governments (COGs) in Homeless Initiative Strategy E7 - Strengthen the Coordinated Entry System, for (1) Regional Homelessness Coordination and (2) Innovation. These funds are intended to be used to support COGs and cities for activities that align with the approved Homeless Initiative Action Plan to Prevent and Combat Homelessness.
The City of Lancaster responded with very specific projects/program proposals, leveraging existing community resources and partnerships, for a maximized return. After an extensive review process, the CEO-HI approved a position to support and enhance our local homelessness 1 0
3 7
strategies. The Homeless Services Coordinator will coordinate homeless initiative related activities with the County of Los Angeles and service providers to meet the goals and objectives of the Los Angeles County Homeless Innovation Funds Round II Grant.
Attachment:
Resolution No. 22-51
2 7
7 6
RESOLUTION NO. 22-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA APPROVING AN ADDITIONAL
FULL-TIME POSITION TO THE 2022-23 FISCAL YEAR BUDGET.
WHEREAS, the City Council is desirous of approving an additional full-time position to the 2022-23 Fiscal Year budget; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS;
Section 1. Approve of an additional full-time position to the 2022-23 Fiscal Year budget.
Section 2. Any Resolution in conflict with provisions stated herein shall be considered superseded by the provisions contained in this Resolution.
PASSED, APPROVED and ADOPTED this 13th day of September, 2022, by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS,
City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No. 22-51
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, , City of Lancaster, CA, do
hereby certify that this is a true and correct copy of the original Resolution No. 22-51, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this day of , .
(seal)
STAFF REPORT
City of Lancaster
PH 1
9/13/2022
JC
Date: September 13, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Larissa De La Cruz, Senior Manager - Community Development Cynthia Campaña, Senior Planner
Subject: Zone Text Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments (Chapter 17.10, Chapter 17.12, Chapter 17.16 and Chapter 17.42)
Recommendation:
Introduce Ordinance No. 1093, amending Chapter 17.10, Chapter 17.12, Chapter 17.16 and Chapter 17.42 of the Lancaster Municipal Code relating to Alcoholic Beverage Establishments.
Fiscal Impact:
None.
Background:
The City Council directed staff to review and update the City’s alcohol ordinance to create consistency and reconcile discrepancies in the Lancaster Municipal Code as it relates to alcohol establishment. Additionally, as part of the review process, staff surveyed and analyzed codes and policies from other agencies as appropriate and applicable. These agencies consisted of neighboring cities and the Department of Alcoholic Beverage Control. In addition to reviewing other cities, staff also reviewed current and past trends related to alcohol within the City of Lancaster, with respect to facility types and the current application and approval process. The result of this effort is a Zone Text Amendment (ZTA) to various sections in the Alcoholic Beverage Establishment section (see Attachment A) that would include:
•changes to definitions,
•modifications to conditional use permit requirements,
•addition of a minor use permit process, and
•removal of the factors regarding public convenience or necessity. 1 0
1 7
In addition, Chapter 17.10-Mixed Use zones, Chapter 17.12-Commercial zones, and Chapter
17.16-Industrial zones would include changes in two sections: Uses subject to director’s review and approval, and Uses subject to conditional use permits. These changes would be consistent with Chapter 17.42 of the Zoning Code. The major changes to Chapter 17.42 include the addition of the Director’s Review and Minor Use Permit process, and the removal and reconciliation of definitions. Currently, Chapter 17.42 is convoluted with numerous definitions for the different types of alcoholic beverage establishments, making it complicated and unclear how to identify the type of establishments and its process. Definitions were removed, reconciled and revised to provide clarity. Also, in order to streamline the process for bona-fide restaurants, hotels, grocery stores and breweries, these types of uses would require approval of a director’s review without a discretionary hearing.
In addition, convenience markets/neighborhood markets requesting the sale of beer and wine only would be subject to a new process called the Minor Use Permit (MUP). This requires a project notice to property owners within 500 feet of the project site, but the approving authority would be the Director. The Director may refer the project to Planning Commission or City Council for consideration and decision if deemed necessary.
Planning Commission
The Planning Commission heard the proposed ZTA during their regular meeting on August 15, 2022, and unanimously voted to recommend approval to the City Council.
The proposed Zone Text Amendment would improve clarity, user-friendliness, and staff’s ability to serve the public. It would provide more flexibility, incentivize businesses, and provide a business-friendly environment that would streamline the current process, while addressing any potential concerns related to the sale of alcohol.
CC/hb
Attachments:
Ordinance No. 1093
Exhibit “A” of the Ordinance
Attachment A – Redlines
ORDINANCE NO. 1093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AMENDING CHAPTER 17.10,
CHAPTER 17.12, CHAPTER 17.16, AND CHAPTER 17.42 OF
THE LANCASTER MUNICIPAL CODE RELATING TO
ALCOHOLIC BEVERAGE ESTABLISHMENTS
WHEREAS, the City Council of the City of Lancaster has determined that it is necessary to amend Chapter 17.10, Chapter 17.12, Chapter 17.16 and Chapter 17.42 of the Lancaster Municipal Code relating to alcoholic beverage establishments (the “Amendment”); and WHEREAS, on August 15, 2022, the City’s Planning Commission held a public hearing on the Amendment, notice of which was published and provided as required by law, and adopted Resolution No. 22-26 (the “Planning Commission Recommendation”) recommending the City Council approve the Amendment; and
WHEREAS, on September 13, 2022, the City Council held a public hearing on the Amendment pursuant to Section 65856 of the Government Code, notice of which was published and provided as required by law; and
WHEREAS, the City Council now desires to adopt the Amendment in its entirety to read as set forth therein.
THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.
Section 2. The City Council has received, reviewed and hereby adopts the Planning Commission Recommendation. Consistent therewith, the City Council makes the following findings:
(a) The commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.
Section 3. This ordinance is determined that pursuant to Section 15162 and 15168(c)(2) of the State California Environmental Quality Act (CEQA) Guidelines, the proposed amendments are within the scope of the Program Environmental Impact Report (SCH#2007111003) for the existing Lancaster General Plan 2030, and no further environmental review is required.
Section 4. Sections of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as set forth in Exhibit “A” attached hereto.
Ordinance No. 1093
Section 5. Any ordinance previously adopted by the City Council shall be and is hereby repealed if and to the extent inconsistent with this Ordinance, provided, however, that each such ordinance shall otherwise remain in full force and effect.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.
Ordinance No. 1093
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __________ day of ________________, ____, and placed upon its second reading and adoption at a regular meeting of the City Council on the ____ day of ________________, ____, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1093, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________
“EXHIBIT A”
Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments
MIXED-USE ZONE
17.10.050 Uses and permit requirements.
A. Ratio of uses.
1. When a development is located on a project site that is located within 660 feet of an intersection of two major arterial streets, a minimum of 25 percent of the development shall be non-residential uses, as measured by ground floor area.
2. When a development is located on a project site that is located within 660 feet of an intersection of two secondary arterial streets, or an intersection of a major arterial with a secondary arterial, a minimum of 10 percent of the development shall be non- residential uses, as measured by ground floor area.
3. Single-family structures shall not face arterial streets.
B. Uses and permit requirements.
Mixed Use - Uses Matrix
USES MU-N MU-C MU-E
P = permitted use/D = director's review/C = conditional use N/A = not allowed
Retail/Service:
Retail store P P P
Convenience market/neighborhood market* P P P
Grocery store/Supermarket/Drugstore* P P P
Personal services P P P
Tattoo/body piercing N/A D D
Pawn shops N/A D D
Restaurants/café/bakery/deli* P P P
Bar/nightclub/dance club* N/A C C
Art gallery P P P
Bank/credit union P P P
Entertainment (theater, live music, karaoke, comedy, etc.)* D D D Health and fitness services D D D
Automotive sales and services N/A C C
Automotive repair N/A D P
Gas station* D D P
Car wash C C C
Nightclub without alcohol [C] [C] [C]
Office/Professional:
Professional office P P P
Medical/dental office P P P
Light industrial uses N/A N/A P
Lodging:
Hotel/motel* C P D
Bed and breakfast* D P D
Conference/meeting room space D P D
Public/Semi-Public:
Government office P P P
Day care center P P P
Church/religious institution C P D
Post office P P P
Private school, trade and vocational schools C P P
Recreation/museum/cultural D P P
Residential:
Detached single-family unit (4 or fewer subdivision) P N/A N/A Detached single-family unit (5 or more subdivision) P P N/A Condominium/apartment/studio/loft units (15 or fewer units) P P P Condominium/apartment/studio/loft units (16 or more units) C C C Assisted living facility (15 or fewer units) P P P
Assisted living facility (16 or more units) C C C
Live/Work units (new structure) P P P
Live/Work units (conversion of existing structure) D D D
Temporary/Accessory/Other uses:
Home occupation/artist studio/home office P P P
Day care as residential accessory use D D D
Carriage unit (studio) located above detached garage P P N/A Outdoor sales and promotional activities D D D
Carnivals and circuses1 D D D
Christmas tree lots D D D
Automated banking, movie rental, food vending machines P P P Stealth wireless telecommunications facilities N/A D D
Prohibited uses:
Outdoor storage on private property
Manufacturing/heavy industrial
Adult only/sexually-oriented businesses
Check cashing/payday loans/bail bonds
Mini-storage
*Alcohol uses are subject to Chapter 17.42
1 Subject to the provisions of Chapter 9.46.
“EXHIBIT A”
Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments
COMMERCIAL ZONE
17.12.040 Permitted uses.
The permitted uses of the C zone are grouped into categories of similar uses rather than an exhaustive list of single uses. Extensive examples are given for purposes of clarifying the types of uses allowed by each category. In addition, specific exceptions and development requirements have been applied to certain categories of uses where concerns may arise as to their impact on neighboring properties and the visual attractiveness of the city as a whole. The following categories of uses are permitted in the C zone subject to any stated exceptions, development requirements, and approval of the site plan as follows:
A. Existing Residential Uses. This category may continue to be used as a permitted use.
Expansion of existing residential uses shall be limited to a cumulative total of no more than 500 square feet of floor area.
B. Automobile, Motorcycle, Truck, Tractor and Boat Sales, Service, Repair, Accessories and Parts. This category includes but is not limited to motor vehicle dealerships; auto parts stores; tires, batteries and accessories stores; brake shops; muffler shops; radiator shops; repair shops, service stations, and similar uses. All repair activities shall be conducted within an enclosed building. Note: Auto repair uses and tire sales on lots within 300 feet of residentially zoned property shall be required to obtain a conditional use permit. (See Section 17.12.080A.)
This category does not include car washes; establishments engaged in the sale, rental, service or repair of heavy equipment; auto body and paint shops; auto upholstery shops; automobile impound yards; and similar uses.
C. Churches, Religious, Fraternal or Social Organizations. This category includes but is not limited to churches, temples, convents, monasteries, and other places used exclusively for religious worship, and the customary incidental educational and social activities therewith; temporary tent revival meetings (operated at one particular location and provided such location is not within 300 feet of any public park, school or residential zone, and not longer than 7 days in any 6-month period); fraternities; lodge halls; societies, and sororities.
This category does not include any use which could be construed as a privately owned business.
D. Communication Facilities and Services, Public and Private. This category includes but is not limited to communications equipment, duplicating, faxing services, lithographers, microwave stations, photocopying, photo engravers, printers or publishers, radio and television broadcast studios, telegraph offices, telecommunication/telecommuting offices and similar computer communications
network services, telephone repeater stations, and tourist information centers. Ground or roof mounted satellite antennae shall be screened from view.
Thi s category does not include radio and television transmission towers or wireless telecommunication facilities. (See Section 17.40.640.)
E. Eating and Drinking Establishments. This category includes but is not limited to restaurants, cafes, delicatessens, fast food operations, ice cream shops, and take-out food operations; any of which may include outdoor dining. F. Financial Institutions and Services. This category includes but is not limited to banks, credit unions, finance companies, savings and loans, and similar uses.
This category does not include pawnshops, establishments which conduct check cashing services for a fee or donation, or establishments which do not loan money as part of their business operations.
G. Offices—Business, Government or Professional. This category includes but is not limited to general business offices; federal, state, county, city or special district offices, libraries and court facilities; associations; unions; and offices conducting accounting, dental, engineering, escrow, insurance, legal, medical, mortgage brokerage, real estate, security, and commodity brokerage, or similar professional services.
This category does not include bail bond services.
H. Public Safety Facilities and Services. This category includes but is not limited to ambulance services, fire stations, highway patrol stations, police stations, and similar uses.
I. Public Utilities. This category is limited to the following uses:
1. Publicly owned uses necessary to the maintenance of the public health, safety, convenience and welfare;
2. Water reservoirs, dams, treatment plants, gauging stations, pumping stations, tanks, wells, and any uses normal and appurtenant to the storage and distribution of water. Exception: This use is not subject to site plan review (Section
17.12.120).
J. Recycling Facilities. This category is limited to reverse vending machines and is subject to the criteria and standards of Section 17.40.300.
K. Rental Establishments. This category includes but is not limited to auto, clothing, equipment, furniture, hospital equipment, mini-storage, recreational vehicles, and similar rental uses.
This category does not include the rental of heavy equipment.
L. Repair Services. This category includes but is not limited to appliance repair, gunsmiths, jewelry repair, locksmiths, shoe repair, watch repair, and similar repair services. All repairs shall be conducted within an enclosed building.
This category does not include the repair of automobiles or heavy equipment.
M. Retail Sales Establishments. This category includes but is not limited to bona fide antique stores, apparel stores, appliance stores, bookstores (including used books),
convenience market (without alcohol sales), craft stores, computer stores, department stores, grocery store/supermarket/drugstores (without alcohol sales), gift shops, hardware stores, jewelry stores, telephone stores, discounted and wholesale/warehouse type stores, and similar retail sales operations.
This category does not include adult-oriented businesses, , pawnshops, secondhand stores (does not include bona fide antique stores), surplus stores, and establishments engaged in the sale of heavy equipment, or establishments engaged in the sale of any item otherwise prohibited by law.
N. Schools—Business and Professional. This category includes but is not limited to art, barber, beauty, dance, music, real estate, and similar schools.
This category does not include any school specializing in gymnastics, health and fitness services, manual training,* martial arts, shop work,* or training in the repair and maintenance of machinery or mechanical equipment.* (*See Section 17.16.040P.) O. Services—Business or Personal. This category includes but is not limited to adult day care, adult day health care, answering service, bail bond services, barber and beauty shops, check cashing, credit bureaus, family day care home (large and small), day care center, dry cleaners and laundries, mortuaries, moving and storage, parcel delivery terminals, tailors, and other similar services.
This category does not include services which are industrial in nature such as pest control, industrial gases and chemicals, and similar services.
P. Other Uses. This category includes those uses which do not fall into any other C zone category, provided such uses are neither temporary, subject to director's review, nor uses subject to conditional use permit in this zone, and provided such uses are, in the opinion of the director, consistent with the purpose and intent of this zone and similar to other uses permitted herein.
17.12.070 Uses subject to director's review and approval.
If site plans or other pertinent information for the proposed use are first submitted to and approved by the director in accordance with Article VI of Chapter 17.32, premises in the C zone may be used for the following uses:
A. Access to property lawfully used for a purpose not permitted in the C zone provided no other practical access to such property is available and such access will not alter the character of the premises in respect to permitted uses in the C zone; B. Alcohol Beverage Establishments. This category is limited to the following uses below and shall be subject to the provisions in Chapter 17.42:
a. Alcohol Production with a minimum 25% and maximum up to 40% retail. A full menu shall be available at all times that alcoholic beverages are offered; b. Bona Fide Restaurant;
c. Convenience Market/Neighborhood Market (Beer and Wine only) with a Minor Use Permit subject to Section 17.42.060; and
d. Grocery Store/Supermarket/Drugstore.
C. Body piercing establishments;
D. Carnivals, subject to the provisions of Chapter 9.46; E. Christmas Trees and Wreaths. This use is limited to the seasonal sale of such items, between November 1st and December 25th, both dates inclusive, to the extent permitted by other statutory and ordinance provisions. Any structures, facilities and materials used in connection with the sale of Christmas trees and wreaths shall be removed from the premises by December 31st of the same calendar year, and the property restored to a clean condition;
F. Consignment store;
G. Crops, field, tree, bush, berry and row, including nursery stock, flowers and vines, provided that no sludge or biosolid material shall be applied to any land as a soil amendment, roadside stands, retail sale of crops grown on the premises, and signs advertising products produced on the premises;
H. Day care center;
I. Health and Fitness Services. This category includes but is not limited to exercise/aerobic centers, figure salons, gymnasiums, health and fitness centers, health spas, martial arts schools, and similar uses;
J. Outdoor Sales and Promotional Activities. Outdoor sales and promotional activities in private parking lots, on private pedestrian ways, and on public sidewalks, incidental to a use conducted primarily within a building located on the premises as follows:
1. Parking lot sales may be allowed only where:
a. The use on the site complies with current parking standards, and b. No more than 10% of the provided parking spaces are to be used for this purpose, and
c. Placement of the activity in the parking lot shall not significantly disrupt the circulation pattern on the site, and
d. Such sales are scheduled between January 15th and November 15th and shall not exceed a total of 12 days in any calendar year.
2. Private pedestrian way sales may be allowed where:
a. Placement of the activity on the pedestrian way allows for a clear aisle for pedestrian traffic of not less than 5 feet in width, and b. Such sales are scheduled between January 15th and November 15th and shall not exceed a total of 12 days in any calendar year.
3. Sidewalk sales may be allowed where:
a. Placement of the activity allows for a clear aisle of not less than 5 feet in width, and
b. Such sales are scheduled between January 15th and November 15th and shall not exceed a total of 12 days in any calendar year, and
c. Insurance has been obtained by type and in an amount specified by the city attorney, and
d. An encroachment permit has been obtained from the department of building and engineering services;
K. Reserved;
L. Pawnshops;
M. Pumpkins and Other Seasonal Agricultural Products. This use is limited to the sale of such items from October 1st through Thanksgiving Day, to the extent permitted by other statutory and ordinance provisions. Any structures, facilities and materials used for the sale of pumpkins and other seasonal agricultural products shall be removed from the premises not later than 7 days following the closure of the sales operation. No other outdoor sales shall be permitted until property has been restored to a clean condition;
N. Recycling Facilities. The following recycling facilities may be allowed:
1. Small Collection Facility. Subject to the criteria and standards of Section
17.40.310,
2. Large Collection Facility. Subject to the criteria and standards of Section
17.40.320;
O. Residential Uses. This category is limited to the following uses:
1. Congregate living health facility,
2. Mobilehome or other residence for use by caretaker and his immediate family in accordance with Article VIII of Chapter 17.40,
3. Residential care facility for the elderly,
4. Rooming and boarding houses,
5. State authorized, certified or licensed family care home, foster home or group home serving 6 or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children, if such homes provide care on a 24 hour a day basis. (Required by Section 5116 of the Welfare and Institutions Code); P. Secondhand stores;
Q. Shopping centers and other commercial centers of more than 2 net acres but no greater than 10 net acres. (See definition in Section 17.04.240.) This category may include many of the categories listed for this zone;
R. Storage containers for goods and merchandise during the holidays or for special events.
Placement shall be within loading areas or utilize nonessential parking areas behind the buildings so as not to restrict the use of heavily used parking areas during such holidays or special events. The use of such containers shall not exceed 3 months in any calendar year;
S. Surplus stores;
T. Tattoo parlors;
U. Minor, Co-located and Stealth Wireless Telecommunication Facilities. This category includes all minor wireless telecommunication facilities, as defined by this chapter, subject to Section 17.40.640 and the height limits of the C zone. Co-located telecommunication facilities within 100 feet of property with a residential zoning designation may be constructed over the required 35 foot height limit subject to review by the director of community development. Stealth telecommunications facilities located more than 100 feet from residentially zoned property may be constructed over the 50 foot height limit, subject to review by the director of community development.
See Section 17.40.640 for submittal requirements and design standards; V. Small wind energy systems (co-located), subject to the requirements of section
17.40.690.
17.12.080 Uses subject to conditional use permits.
The uses subject to permit in the C zone are grouped into categories of similar uses rather than exhaustive lists of single uses. Extensive examples are given for purposes of clarifying the types of uses included in each category. The following categories of uses may be permitted in the C zone, provided that a conditional use permit has first been obtained as provided in Article I of Chapter 17.32, that such permit is in full force and effect, and that the uses are in conformity with conditions of such permit for:
A. Those uses identified in Section 17.12.040, Permitted uses, as requiring a conditional use permit. This category includes but is not limited to automobile repair and tire sales.
B. Activity node (development of) subject to the requirements of Section 17.08.365.
C. Entertainment and Recreation. This category includes but is not limited to amusement rides; bingo, billiard, dance, or pool halls; bowling alleys; card rooms; carnivals and circuses for longer than 10 days; golf driving ranges; miniature golf courses; night clubs; shooting ranges; skating rinks; all types of theaters; video game arcades, and similar uses.
D. General Uses. This category includes only the following uses:
1. Automobile body shop;
2. Automobile upholstery shop;
3. Alcohol beverage establishments.
This category is limited to the following uses
below and shall be subject to the provisions in Chapter 17.42 :
a. Bar,
b. Convenience Market/Neighborhood Market (Beer, Wine and Spirits) c. Liquor store,
d. Nightclub with alcohol sales;
4. Butane and propane service stations;
5. Car wash;
6. Dry cleaning plant—Wholesale;
7. Earth stations;
8. Fortunetelling;
9. Heliports or helistops;
10. Laundry plants—Wholesale;
11. Nightclub without alcohol;
12. Model studio;
13. Radio or television transmission towers;
14. Revivals or tent meetings, of more than 7 days' duration;
15. Textile products manufactured from previously prepared materials.
E. Long-Term Health Care Facility.
1. Intermediate care facility;
2. Intermediate care facility/developmentally disabled;
3. Intermediate care facility/developmentally disabled—Habilitation;
4. Intermediate care facility/developmentally disabled—Nursing;
5. Nursing facility;
6. Skilled nursing facility.
F. Public Utilities. This category includes only the following uses:
1. Electric transmission substations and generating plants including microwave facilities used in conjunction therewith;
2. Gas distribution depots;
3. Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;
4. Public utility service yards.
G. Residential Uses. This category includes only the following uses:
1. Multiple-family project, as a separate development in the C zone (subject to the provisions of the HDR-1 zone except where specifically modified by the conditional use permit);
2. Multiple-family project, combined with commercial development as a mixed use where said apartments are attached to the commercial building (for example, as the second story of a commercial retail center), subject to the provisions of Section 17.12.230, Design requirements;
3. Transitional homeless shelters.
H. Shopping Centers and Other Commercial Centers of Greater Than 10 Net Acres. This category may include many of the categories listed for this zone.
I. Transient Residential. This category is limited to only the following uses:
1. Hotels;
a. Alcohol sales in conjunction and incidental to the hotel shall be subject to a director’s review and subject to Section 17.42.
2. Motels;
3. Recreational trailer parks in accordance with Section 17.40.540;
4. Travel trailer parks in accordance with Section 17.40.550.
J. Structures over 50 feet or 3 stories in height.
K. Major Wireless Telecommunication Facilities. This category includes all major wireless telecommunication facilities subject to the requirements of Section 17.40.640.
Co-located and stealth communication facilities are subject to director's review.
“EXHIBIT A”
Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments
INDUSTRIAL ZONE
17.16.040 Permitted uses—I zones.
The permitted uses of the I zones are grouped into categories of similar uses rather than exhaustive lists of single uses. Extensive examples are given for purposes of clarifying the types of uses allowed by each category. The following categories of uses are permitted in all of the I zones except where specific references limiting certain uses to the LI, or HI zones are made. All uses are subject to any stated exceptions, development requirements, and approval of a site plan as follows:
A. Existing Residential Uses. Such uses may continue to be used as a permitted use provided that such uses may not be expanded by a cumulative total of more than 500 square feet of floor area and comply with Article VII of Chapter 17.32.
B. Commercial Uses.
1. Existing Nonconforming Commercial Uses. Such uses may continue to be used as a permitted use provided that such uses may not be expanded beyond their ability to meet current parking requirements, and design and performance standards related to the expansion, on their existing site.
2. Existing Conforming and New Commercial Uses. Such uses shall include, but not be limited to permitted uses within the Commercial zone under Section 17.12.040, unless specifically addressed within the I zones..
C. Aircraft-Related Uses. This category includes but is not limited to the manufacture, storage, maintenance, repair or overhaul of aircraft or missile components, parts, accessories, equipment and power plants and is permitted only in the HI zone.
D. Automobile, Boat, Equipment, Motorcycle, Truck, Tractor, Sales, Service, Repair, Accessories and Parts. This category includes but is not limited to motor vehicle dealerships including recreational vehicles, auto parts stores: tires, batteries and accessory stores; body and frame shops, auto upholstery shops, brake shops, car wash, muffler shops, radiator shops, repair shops, service stations, and similar uses. All repair activities within the LI zone shall be conducted within an enclosed building. Auto service and repair uses, body and frame shops, heavy equipment repair and tire sales on lots within 300 feet of residentially zoned property shall be required to mitigate any conditions which are detrimental, or potentially detrimental, to the reasonable use of the residentially zoned property to the satisfaction of the Director.
This category does not include automobile impound yards (See Section 17.16.060), automobile wrecking yards, or salvage operations, (See subsection E of this section.) E. Automobile Dismantling Yards, Scrap Met al Processing Yards, and Similar Metal Salvage Operations. This category includes but is not limited to automobile impound yards,
automobile wrecking, metal salvage operations, and junk and salvage operations. All uses in this category shall be permitted only in the HI zone. Any such use in this category on lots within 300 feet of residentially zoned property shall be conducted within an enclosed building and required to mitigate any conditions which are detrimental, or potentially detrimental, to the reasonable use of the residentially zoned property to the satisfaction of the Director. (See subsection A.10. or 15. of Section 17.16.220, as applicable.) This category does not include recycling facilities as defined in this title or the smelting of metals. (See Section 17.16.070.)
F. Building Trades and Related Uses. This category includes, but is not limited to appliance sales, blueprint services, building supplies, cabinet making, carpenter shop, contractor equipment yard, electricians and electrical supply, engineers and surveyors, fence contractors, glass stores, janitorial service and supply, landscape materials (including nurseries), lumber yards, pool contractors, plumbing sales, spa sales, truss manufacturing, wood stove sales and similar uses. Batch plants and concrete transit mix uses shall be permitted only in the HI zone provided that batch plants and concrete transit mix uses within 300 feet of residentially zoned property shall be required to mitigate any conditions which are detrimental, or potentially detrimental, to the reasonable use of the residentially zoned property to the satisfaction of the Director. (See Section 17.16.220.A.10. and Section
17.16.220.B)
G. Communication Facilities and Services, Public and Private. This category includes but is not limited to communications equipment, duplicating, lithographers, microwave stations, photocopying, photo engravers, printers or publishers, radio and television broadcast studios, telegraph offices, telephone repeater stations, tourist information centers, and similar uses.
This category does not include radio and television transmission towers or wireless telecommunication facilities. (See Section 17.40.640).
H. Food Manufacturing, Processing, Wholesale Sales and Storage. This category includes but is not limited to bottling plants, breweries, coffee roasting, dairy products, dextrine manufacturing, fruit and produce, malt products, meat processing, oleomargarine, sodium glutamate, soft drinks, vitamin tablets, and similar uses. All such uses within the LI zone shall be conducted within an enclosed building.
This category does not include dairies, lard manufacturing, pickles, sausage, sauerkraut, slaughter houses, distillation of vinegar, or the canning of other fish or meats and similar uses. (See Section 17.16.070.)
I. Manufacturing—General. This category includes but is not limited to assembly plants, automotive, beds and bedding manufacturing, billboards, bone products, building materials, brushes, ceramics, clay and cement products, doors, drugs, dry goods, electric and electronic products, felt, fiberglass, fur products, furniture, glass, hair products, heating equipment, jewelry, leather products, machine shops, mobilehomes and factory-built housing, paper products, plastic products, recreational vehicles, springs, starch, stone products, textiles, tobacco products, tools, uses which manufacture products from recycled materials, welding, wood products, wool and woolen products, wrought iron and similar manufacturing uses. All such uses within the LI zone shall be conducted within an enclosed
building. Any such use in this category on lots within 300 feet of residentially zoned property shall be required to mitigate any conditions which are detrimental, or potentially detrimental, to the reasonable use of the residentially zoned property to the satisfaction of the Director. (See Section 17.16.220A.10. and Section 17.16.220.B) This category does not include cement manufacturing, explosives, foundries, paper manufacturing, manufacturing of plastics, or tanning of animal hides. (See Section
17.16.070.)
J. Public Safety Facilities and Services. This category includes but is not limited to ambulance service, fire stations, highway patrol stations, municipal maintenance yards, police stations, and similar uses.
K. Public Services and Utilities. This category includes but is not limited to the following uses:
1. Electric transmission substations including microwave facilities used in conjunction therewith;
2. Gas Distribution Depots. This use is permitted in the HI zone only;
3. Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare, including federal, state, county, city, or special district offices, libraries and court facilities;
4. Public utility service yards;
5. Water reservoirs, dams, treatment plants, gauging stations, pumping stations, tanks, wells, and any use normal and appurtenant to the storage and distribution of water.
Exception: This use is not subject to site plan review (Section 17.16.120).
L. Recycling Facilities. This category includes but is not limited to reverse vending machines, small and large collection facilities and light processing facilities. Heavy processing facilities shall be permitted in the HI zone only. All uses in this category are subject to the criteria and standards of Section 17.40.290. (See definitions in Section 17.04.240.) This category also includes uses which reuse recyclable materials.
M. Rental Establishments. This category includes, but is not limited to, automobile, clothing, equipment (including heavy equipment in the HI zones), furniture, hospital equipment, recreational vehicles, and similar rentals.
N. Repair Services. This category includes but is not limited to appliance repair, gunsmiths; heating, refrigeration, and air conditioning repair; jewelry repair, locksmiths, shoe repair, watch repair, and similar repair services.
O. Research and Development. This category includes but is not limited to laboratories and facilities for scientific research, development and testing including administrative offices.
This category does not include the development and testing of hazardous materials, biological or chemical warfare agents, or explosives (See Section 17.16.070.) P. Schools—Specialized Training. This category includes but is not limited to manual training, shop work, or the repair and maintenance of machinery or mechanical equipment.
This category does not include business and professional schools see Section 17.16.060
Q. Sexually Oriented Businesses. This category includes but is not limited to adult bookstores, adult motels, adult motion picture theaters, adult theaters, adult cabarets, escort agencies, massage parlors, semi-nude model studios, and similar uses subject to the requirements of Ordinance No. 619 and is permitted only in the HI zone. (See Article IV of Chapter 17.16.) R. Warehousing, Wholesaling and Storage. This category includes but is not limited to cold storage distributors, ministorage warehouse, moving van and storage, truck terminals, and warehouses. (See Section 17.16.220.A.10.)
S. Water reservoirs, dams, treatment plants, gauging stations, pumping stations, tanks, wells, and any use normal and appurtenant to the storage and distribution of water. Exception:
This use is not subject to site plan review. (Section 17.16.120.) T. Other Uses. This category includes those uses which do not fall into any other category, and are not temporary uses, uses subject to Director's Review, or uses subject to permit in this zone, which the Director deems the use consistent with the purpose and intent of this zone and similar to other uses permitted herein.
17.16.060 Uses subject to director's review and approval.
If site plans and/or other pertinent information required by the Director for the proposed use are first submitted to and approved by the Director in accordance with Article VI of Chapter 17.32, premises in the I zones may be used for the following uses:
A. Uses subject to Director's Review in all I zones:
1. Auctions and swap meets,
2. Alcohol Beverage Establishments. This category is limited to the following uses below and shall be subject to the provisions in Chapter 17.42:
a. Alcohol Production;
b. Bona Fide Restaurant;
c. Convenience Market/Neighborhood Market (Beer and Wine only) with a Minor Use Permit subject to Section 17.42.060; and
d. Grocery Store/Supermarket/Drugstore.
3. Boarding kennels,
4. Carnivals, subject to the provisions of Chapter 9.46,
5. Schools—Business and Professional. This category includes but is not limited to art, barber, dance, music, real estate, and similar schools.
6. Christmas trees and wreaths, the sale of, between November 1st and December 25th, both dates inclusive, to the extent permitted by other statutory and ordinance provisions. Any structures, facilities and materials used for the sale of trees and wreaths shall be removed from the premises by December 31st of the same calendar year, and the property restored to a clean condition,
7. Crops, field, tree, bush, berry and row, including nursery stock, flowers and vines, provided that no sludge or biosolid material shall be applied to any land as a soil
amendment. Roadside stands, retail sale of crops grown on the premises, and signs advertising products produced on the premises,
8. Day nursery, children,
9. Dwelling units, as follows:
a. One dwelling unit within a building on the same lot or parcel of land which is legally being used so as to require the continuous supervision of a caretaker and his immediate family, or
b. Dwelling units within a building or premises used for agricultural purposes, which dwelling units are occupied only by persons employed on the same premises, and their immediate families, or
c. Where subsection A.7.a. of this section permits the use of a dwelling unit for a caretaker, a mobilehome containing one dwelling unit may be used in lieu of such dwelling unit for a period not to exceed 6 consecutive months in any 12 month period. Or, if intended for a residence for up to the maximum limit of 5 years, the mobilehome shall comply with the provisions of Section 17.08.370.C for foundation systems,
10. Parking. Joint usage or leased (see Section 17.16.210.B),
11. Wild Animals. Wild animals may be temporarily used, kept or maintained for a period not to exceed:
a. Ten days in conjunction with the lawful operation of a circus or animal exhibition, or
b. Sixty days where used in motion picture and television production, except that the Director may, where he finds that such extension is consistent with the intent of this section and neither detrimental to the public welfare or to the property of other persons located in the vicinity thereof, extend such time period for not to exceed 30 additional days, and
c. Provided said animals are used, kept, or maintained pursuant to and in compliance with, all regulations of the city of Lancaster and the Los Angeles County department of animal control,
12. Minor co-located and stealth wireless telecommunication facilities subject to the requirements of Section 17.60.640,
13. Solar electrical generating plants only, in the HI zone. (Note: All other electrical generating plants require a conditional use permit in the HI zone; see Section
17.16.070C.1);
14. Small wind energy systems (co-located), subject to the requirements of section
17.40.690;
15. Emergency shelters, only in the LI zone.
16. Entertainment and Recreation. This category includes, but is not limited to bowling alleys, golf driving ranges, shooting ranges, video game arcades, and similar uses. This shall not include dance halls, pool halls and night clubs (see section 17.16.070.A.5)
B. Uses subject to Director's Review only in the HI zone:
1. Crushing of used asphalt or concrete, rock, or other materials for use as an aggregate.
2. Major wireless telecommunication facilities located more than 1,000 feet from residentially zoned property, subject to the requirements of Section 17.40.640.
Facilities located within 1,000 feet of residentially zoned property shall be subject to a conditional use permit (see Section 17.16.070.A.4).
C. Other Uses. Uses which do not fall into any other category, and are not temporary uses, uses subject to Director's Review, or uses subject to permit in these zones shall be subject to interpretation of the Director.
17.16.070 Uses subject to conditional use permits.
The uses subject to permit in the I zones are grouped into categories of similar uses rather than exhaustive lists of single uses. Extensive examples are given for purposes of clarifying the types of uses in each category. The following categories of uses may be permitted in the I zones provided a conditional use permit has first been obtained as provided in Article I of Chapter
17.16, and while such permit is in full force and effect in conformity with conditions of such permit for:
A. Uses subject to permits in all I zones:
1. Alcohol beverage establishments. This category is limited to the following uses below and shall be subject to the provisions in Chapter 17.42:
a. Bar,
b. Convenience Market/Neighborhood Market (Beer, Wine and Spirits) c. Liquor store,
d. Nightclub with alcohol sales;
2. Radio and television transmission towers,
3. Research and Development. This category includes but is not limited to laboratories and facilities for scientific research, development and testing including administrative offices involving the use of hazardous materials. Agricultural and biological research involving sludge or biosolid material shall be conducted only within an enclosed building or suitable containment vessel.
This category does not include the development and testing of biological or chemical warfare agents or explosives;
4. Major Wireless Telecommunication Facilities. This category includes all major wireless telecommunication facilities in the LI zone and major wireless telecommunication facilities in the HI zone within 1,000 feet of residentially zoned property subject to the requirements of Section 17.40.640. Co-located and stealth communication facilities are subject only to Director's Review and shall not require a conditional use permit;
5. Pool Halls, Dance Halls, and Nightclubs without alcohol.
6. Churches
B. Uses subject to permits in the HI zone:
1. Electrical generating plants, all types except solar (see Section 17.16.060A.13),
2. Storage. This category is limited to the following:
a. Gas, above ground storage in excess of 500,000 cubic feet, b. Storage of oil, gasoline or petroleum products in any quantity exceeding 100,000 gallons,
3. Waste Disposal. This category is limited to waste disposal facilities as defined in Section 17.04.240;
C. Uses subject to permits only in the HI zone:
1. Agricultural Related Uses. This category includes but is not limited to cattle sales yards, dairies, hog ranches and livestock feed yards; provided that, no sludge or biosolid material shall be applied to any land as a soil amendment,
2. Chemical Manufacturing. This category includes but is not limited to the manufacture of: ammonia, asphalt, caustic soda, celluloid, cellulose, chlorine gas, coal tar products, creosote, fertilizers, glue, guncotton, gypsum, hydrocyanic acid products, lime, phenol, plastics, potash, pyroxylin products, size, soda ash, synthetic ammonia, and similar uses. All uses in this category will be subjected to close scrutiny in terms of the relative safety of such uses and their potential effects on the community with emphasis on their impact on odor and air quality in general; specifically their handling of hazardous materials and waste.
This category does not include the manufacturing of food,
3. Food Manufacturing, Processing, Sale and Storage. This category is limited to the following food products: canning of fish or meat, fat rendering, gelatin, lard, meat packing, pickles, sausage, sauerkraut, slaughterhouses, tallow and vinegar,
4. Hazardous Waste Facility. This category is subject to the provisions of Article VII of Chapter 17.40,
5. Manufacturing—General. This category is limited to the following: explosives, smelting and casting of metals, paper manufacturing, plastic manufacturing or tanning of animal hides,
6. Pest control;
D. Uses subject permits to the LI and HI zones: College or university campuses.
E. Other Uses. Uses which do not fall into any other category, and are not temporary uses, uses subject to Director's Review, or uses subject to permit in these zones shall be subject to interpretation of the Director.
“EXHIBIT A”
Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments
Chapter 17.42 ALCOHOLIC BEVERAGE ESTABLISHMENTS
17.42.010 Purpose and intent.
The purpose of adopting regulations for the sale of alcoholic beverages is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses.
This chapter alone does not allow or permit alcoholic beverage establishments, but only applies to such establishments where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the operation of alcoholic beverage establishments in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.
17.42.020 Definitions.
For the purpose of this chapter, the following words or terms shall be defined as follows:
"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one- half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted with other substances, and sale of which require a license from the state ABC. "Alcoholic beverage control (ABC)" means the California State Department of Alcoholic Beverage Control.
"Alcoholic beverage establishment" means any establishment involving the sale of alcohol. “Alcohol Production” means an establishment where beer, wine and other spirits are prepared bottled, stored and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on site. Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered.
Alcohol production shall be permitted in the industrial zones. “Bar” includes establishments used primarily for the sale or dispensing of alcoholic beverages for on-site consumption and that are not part of a restaurant. "Bona fide restaurant" includes establishments primarily engaged in the preparation and retail of food and/or beverage for on-site consumption. A full menu shall be available at all times that alcoholic beverages are offered.
"Convenience market/neighborhood market" means a retail establishment up to 5,000 square feet utilized for the sale of prepackaged food products, household items, and soft drinks. Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display
of alcohol. The sale of spirits shall be subject to a conditional use permit and distance requirements. Convenience markets/neighborhood markets may be in conjunction with a fueling station.
"Enforcing officer" includes any city public safety officer, city community services officer, county sheriff's deputy, and any other public officer or employee designated by the city manager to issue administrative citations in accordance with Section 17.42.160. "Entertainment" means any form of entertainment, whether live, televised audio or video taped, including, but not limited to, any type of performance for the purpose of amusing the audience, such as: dancing, singing, playing a musical instrument or acting. "Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on- or off-sale consumption which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without substantial change in the mode or character of operation. "Grocery store/Supermarket/Drugstore" means any retail establishment larger than 5,000 square feet primarily selling food product, household merchandise and pharmaceutical drugs. Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol. This is not in conjunction with a fueling station. "Liquor store" includes any establishment which primarily sells beer, wine, and/or other spirits for off-site consumption. The display sales floor area of alcohol exceeds 5% square footage of the sales floor area. .
"Mixed-use development" means a building or combination of buildings intentionally designed as a single development to accommodate a combination of residential and commercial uses. "Mixed-use district" means any physical location designated by the city of Lancaster general plan or zoning map as a mixed-use district.
"Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing.
"Operator" means any person who has an ownership interest, in any manner, in an alcoholic beverage establishment, including, without limitation, a corporation and each of its officers, directors and stockholders; a partnership and each of its partners; a limited liability company and each of its managing members.
"Owner" means and includes any person with a recorded ownership interest in, or a right of possession, control or use of the premises on which an alcoholic beverage establishment is located, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include property managers and persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers.
"Planning commission" means the planning commission of the city of Lancaster. "Responsible person" means an operator of an alcoholic beverage establishment, an operator's on-site manager(s), an operator's employees and/or a property owner, as defined herein.
"Sales floor area" means the calculation of area for the sale and display of specified products, including but not limited to alcoholic beverages, fresh meat and fresh produce. The calculation of sales floor area percentage shall be based on the gross floor area of the premises, including any warehousing or storage areas and shall include actual product display areas and reasonable public access aisles within or adjacent to said display area. "Substantial change in mode or character of operation" means and includes, but is not limited to, the following situations:
1. The alcoholic beverage establishment has changed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;
2. An alcoholic beverage establishment increases floor area by more than 20%;
3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or
4. The establishment is a bona fide restaurant that adds entertainment, except for non- amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet or substantially change the character of the restaurant operation.
17.42.030 Uses and Permit Requirements
Type of Establishment Alcohol
Sales
Permitted Zones Permit
Required
Review
Authority
Alcohol Production Beer, Wine
and Spirits LI and HI DR
Development
Services
Director
Alcohol Production with
minimum 25% and maximum
up to 40% retail and a food
menu
Beer, Wine
and Spirits MU, C, and CPD DR
Development
Services
Director
Bar Beer, Wine
and Spirits
MU, C, CPD, LI
and HI CUP Planning
Commission
Bona Fide Restaurant Beer, Wine
and Spirits
MU, C, CPD, LI
and HI DR
Development
Services
Director
Convenience Market/
Neighborhood Market
Beer and
Wine
MU, C, CPD, LI
and HI MUP
Development
Services
Director
Beer, Wine
and Spirits
MU, C, CPD, LI
and HI CUP Planning
Commission
Grocery
Store/Supermarket/Drugstore
Beer, Wine
and Spirits
MU, C, CPD, LI
and HI DR
Development
Services
Director
Alcohol Sales in Conjunction
and Incidental to a Hotel
Beer, Wine
and Spirits MU, C, and CPD, DR Planning
Commission
Liquor Store Beer, Wine
and Spirits
MU, C, CPD, LI
and HI CUP Planning
Commission
DR: Director’s Review
CUP: Conditional Use Permit
MUP: Minor Use Permit
17.42.040 Conditional use permit—Distance requirements.
A. A lcoholic beverage establishments that require a conditional use permit shall adhere to the distance requirements as specified below:
Alcoholic Beverage Establishments
Type of Establishment Distance Requirement
Religious Assembly 300'
Public/Private School (K-12) 1,000'
Day Care Center 300'
Residential Use or Residentially Designated Property 300' Existing Alcoholic Beverage Establishment 500'
Public Park 500'
Hospital 500'
B. Measurement of Distance. The distance requirement shall be measured in a straight line from the closest property line to the closest property line.
17.42.050 Findings.
The approving authority shall approve an application only after the applicant substantiates required findings below. If the application requires a conditional use permit then it shall make the following findings as well as the findings required by Section 17.32.090.
A. That the proposed use will be located within a zone which permits alcoholic beverages to be sold, served, or given away for on-sale or off-sale consumption, as the case may be, upon obtaining a conditional use permit;
B. That the proposed use will not adversely affect nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed alcoholic beverage establishment to residential districts, schools (public or private), day care centers, public parks, playgrounds and other recreational facilities, churches or other places of religious worship, hospitals, clinics or other health care facilities; and C. That the proposed use serves the public convenience and necessity .
17.42.060 Minor use permit
A. Applicability. A minor use permit shall be filed subject to the uses and requirements table in Section 17.42.030.
B. Project Notice. A notice for a minor use permit shall be mailed ten (10) calendar days before the scheduled action to the following, unless stated otherwise in this code
1. Owner(s) and applicant;
2. All owners of property located within a 500-foot radius of the exterior boundaries of the subject site, as shown on the County’s last equalized assessment roll. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;
3. Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action
4. The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.
C. Reviewing Authority. The development services director is the decision maker that approves or denies an application. The development services director may refer an application to Planning Commission and/or City Council for a decision on the application.
D. Conditions of approval. In approving a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will accordance with the findings.
17.42.090 Exceptions—Specific plan areas.
The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage establishments.
17.42.100 Existing deemed approved establishments selling alcoholic beverages.
Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages for on-sale or off-sale consumption shall be considered to have a "deemed approved" status and shall only be required to obtain the necessary permits for a "substantial change in mode or character of operation" as described in Section
17.42.020, or for a revocation or expiration of "deemed approved" status as set forth in Section
17.42.130. The distance requirements set forth in Section 17.42.040 shall not apply to any existing deemed approved alcoholic beverage establishment.
17.42.110 Performance standards; public nuisance.
A. The operator of an alcoholic beverage establishment, whether operating with a "deemed approved" status or pursuant to a conditional use permit, minor use permit or director’s review shall use and maintain the premises and conduct the business in a manner that comports with all applicable local, state and federal law, including but not limited to, the California Business & Professions Code, the Lancaster Property Maintenance ordinance (codified at Chapter 8.28), and the Lancaster Zoning ordinance (codified at Title 17).
Lawful property maintenance and business operations shall include, but are not limited to, the following:
1. The premises shall be maintained without the presence of garbage, junk, trash, debris or other miscellaneous items in exterior areas except in approved trash collection containers/enclosures.
2. The premises, including any surface of a structure, sidewalk, curb, ground surface, vehicle, tree, shrub, rock or other tangible item that is visible from publicly or privately owned real or personal property, shall be maintained free of graffiti. All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer as defined in this chapter.
3. The premises shall be maintained with all signage required by applicable state and local law, including but not limited to signs prohibiting loitering, public drinking and/or the presence of open alcoholic beverage containers on the premises.
4. The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of- way.
5. The premises shall be maintained without the presence of exterior public telephones.
Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.
6. The operator of the establishment shall maintain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.
7. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.
8. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age, or knowingly allow such person to consume alcoholic beverages on the premises.
9. The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to:
a. Loitering;
b. Drinking alcoholic beverages and/or possessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved by the department of alcoholic beverage control and/or the city in conjunction with an on-sale establishment;
c. Littering;
d. Creating excessive noise;
e. Disturbing the peace;
f. Engaging in illegal drug activity or prostitution;
g. Trafficking in stolen goods;
h. Harassing passersby or business patrons;
i. Panhandling;
j. Engaging in acts of vandalism;
k. Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.
10. The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage establishment is located do not constitute a public nuisance. For purposes of this chapter, "reasonable steps" includes, without limitation, the following:
a. Requesting those persons engaging in conduct that constitutes a nuisance to cease that conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety.
b. Calling the city's law enforcement and/or public safety personnel if the operator's attempts to abate the nuisance conduct have been unavailing or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety.
c. Timely undertaking actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.
B. The city council finds and declares that it is unlawful and a public nuisance for a person to use or maintain, or to permit the use or maintenance of, property on which an alcoholic beverage establishment is located, or to conduct the business or permit the business to be conducted in a manner that is contrary to the requirements set forth in this Section
17.42.110, any city or state permits, licenses and/or approvals, and/or all other applicable sections of this Code, state or federal law or regulation, or that otherwise poses a threat to public health, safety and welfare.
C. An operator shall be deemed responsible for the act or omission of any on-site manager and/or employee who uses or maintains, or permits the use or maintenance of, property on which an alcoholic beverage establishment is located, or who conducts the business or permit the business to be conducted, in violation of this chapter.
D. Upon the sale or transfer of ownership of an alcoholic beverage establishment to a bona fide third party, previous findings of public nuisance uses, conditions and activities before such sale or transfer of ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party.
17.42.120 Conditional use permit, minor use permit and director’s review: Expiration, modification, revocation.
A. A conditional use permit, minor use permit, director’s review for an alcoholic beverage establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.
B. A conditional use permit, minor use permit, or director’s review is subject to modification at any time if the appropriate approving authority makes a determination that changed circumstances or unanticipated effects concerning the operation of the business establishment necessitate that conditions be added, amended or deleted.
C. A conditional use permit, minor use permit or director’s review for an alcoholic beverage establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section
17.42.110, or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The appropriate approving authority shall set a public hearing to consider such revocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
17.42.130 Deemed approved status: Expiration, revocation.
A. The "deemed approved" status of an alcoholic beverage establishment shall expire if the use is discontinued for 90 consecutive days.
B. The "deemed approved" status of an alcoholic beverage establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section
17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
C. An alcoholic beverage establishment whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in the sales of alcoholic beverages without first obtaining a permit. In the event the planning commission or city council makes the
determination that a permit shall be granted, said alcoholic beverage establishment shall be subject to the conditions of approval
17.42.150 Violation, penalty, remedies.
A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.
B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.
C. In addition to or in lieu of any administrative, civil or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.
D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
17.42.160 Administrative citations.
A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage establishment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an administrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.
1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.
2. An owner of the property on which the alcoholic beverage establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or b. Based on the totality of the circumstances as determined by the enforcing officer.
B. Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager. Alternatively, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.
C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identification presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.
The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service.
A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.
D. The citation shall be in a city-approved format, and shall include the following information:
1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;
2. A brief description of the condition and/or activity that constituted a public nuisance;
3. A statement describing the right to appeal the citation;
4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.
E. The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows:
1. For the first administrative citation, the penalty shall be $500.00;
2. For the second and any subsequent administrative citation, the penalty shall be $1,000.00.
F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
17.42.170 Initial review of administrative citation or ability to pay.
A. Request for initial review of administrative citation.
1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and
payment shall be due within thirty (30) calendar days from the date of the citation's issuance.
2. Upon timely receipt of a written request for an initial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety (90) day deadline upon a finding of good cause.
B. Initial review of ability to pay.
1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.
The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within thirty (30) calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.
2. The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.
3. The reviewer, in conference with the director, shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety (90) day deadline upon a finding of good cause.
4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay
the full amount of the citation in one (1) payment, shall submit payment of the full amount of the citation within thirty (30) calendar days from the date of the notice of determination of ability to pay.
5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one (1) payment, shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full.
17.42.180 Administrative hearing.
A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city- approved form to the city clerk within fourteen (14) calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.
B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one (1) payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.
C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer. Written notice of the time and place for the hearing shall be served by first class mail and/or email at least ten (10) calendar days prior to the date of the hearing.
D. An appellant may request, in writing, that the director reschedule the hearing if the request is made at least twenty-four (24) hours prior to the hearing. The director shall grant one (1) continuance of the hearing date.
E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.
F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will
consider any other credible relevant rebuttal evidence the appellant may wish to present.
The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.
G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice. A copy of the written decision shall be served on the appellant by first class mail within fourteen (14) days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within thirty (30) days from the date of the decision.
H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.
17.42.190 Community service in lieu of payment of penalty.
A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.
B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law.
17.42.200 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
ATTACHMENT “A” (REDLINES)
Amendment to Title 17 (Zoning) of the Lancaster Municipal Code Relating to Alcoholic Beverage Establishments
MIXED-USE ZONE
17.10.050 Uses and permit requirements.
A. Ratio of uses.
1. When a development is located on a project site that is located within 660 feet of an intersection of two major arterial streets, a minimum of 25 percent of the development shall be non-residential uses, as measured by ground floor area.
2. When a development is located on a project site that is located within 660 feet of an intersection of two secondary arterial streets, or an intersection of a major arterial with a secondary arterial, a minimum of 10 percent of the development shall be non- residential uses, as measured by ground floor area.
3. Single-family structures shall not face arterial streets.
B. Uses and permit requirements.
Mixed Use - Uses Matrix
USES MU-N MU-C MU-E
P = permitted use/D = director's review/C = conditional use N/A = not allowed
Retail/Service:
Retail store P P P
Convenience market/Grocery store/mini mart/neighborhood market*
P P P
Grocery store/Supermarket/Drugstore* P P P
Personal services P P P
Tattoo/body piercing N/A D D
Pawn shops N/A D D
Restaurants/café/bakery/deli* P P P
Bar/nightclub/dance club* N/A C C
Art gallery P P P
Bank/credit union P P P
Entertainment (theater, live music, karaoke, comedy,
etc.)*etc.) *
D D D
Health and fitness services D D D
Automotive sales and services N/A C C