Agenda packet — Lancaster City Council, January 9, 2024 (part 1 of 2)

Tuesday, January 9, 2024
Regular Meeting –
5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 7:00 p.m. on
January 05, 2024
at the main entrance to the Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534

LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power/California Choice Energy Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Lauren Hughes-Leslie Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 1 ~

AGENDA ITEMS TO BE REMOVED
Sometimes

necessary

remove

items

from

the

agenda.

apologize

for

any

inconvenience

this
may cause you.

PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS
Any

person

who

would

address

the

Legislative

Bodies

any

agendized

item

requested
to

complete

speaker

card

for

the

City

Clerk/Agency/Authority

Secretary

and

identify

the

agenda
item

you

would

discuss.

Each

person

will

given

opportunity

address

the

Legislative
Body

the

time

such

item

discussed.

Speaker

cards

are

available

the

rear

the

Council
Chambers

and

your

speaker

card

must

filled

out

prior

the

agenda

item

being

called.

We
respectfully

request

that

you

fill

the

cards

out

completely

and

clearly

possible.

Following
this

procedure

will

allow

for

smooth

and

timely

process

for

the

meeting

and

appreciate

your
cooperation.

Individual speakers are limited to three (3) minutes each.

Consent

Calendar

items

under

the

Legislative

Body

may

acted

upon

with

one

motion,

second

and
the

vote.

you

desire

speak

item

items

the

Consent

Calendar,

you

may

fill

out

one
speaker

card

for

the

Consent

Calendar.

You

will

given

three

minutes,

unless

different

time

limit

is
announced,

address

your

concerns

before

the

Legislative

Body

takes

action

the

Consent
Calendar.

CALL TO ORDER
City Council/Successor Agency/Financing/Housing/Power/California Choice Energy Authority

ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris

ROLL CALL
Lancaster Housing Authority Members: Harvey, Malhi, Mann;Vice Chair Crist, Chair Szeto

INVOCATION
Dr. Nathan McWherter, Desert Vineyard Church

PRESENTATIONS

1. Recognition for a Heroic Lifesaving effort by a Lancaster Sheriff’s Deputy

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 2 ~

Presenters: Mayor R. Rex Parris & Jason Caudle, City Manager

PLEDGE OF ALLEGIANCE

LANCASTER HOUSING AUTHORITY - PUBLIC HEARING

HA PH 1.

Consideration

for

Approval

Actions

Connection

with

Lancaster

Housing

Authority
Owned

Parcels

Compliance

with

the

Surplus

Land

Act

and

Exclusive
Negotiation

Agreement

with

Habitat

for

Humanity

Greater

Los

Angeles

and

USA
Properties Fund Inc.

Recommendation:

1. Adopt

the

attached

resolution,

declaring

Housing

Authority-owned

property

(APNS:
3176-005-915, -916, -918, -919, -921, -930), as exempt surplus land.

2. Adopt

the

attached

resolution,

approving

Exclusive

Negotiation

Agreement

with
Habitat

for

Humanity

Greater

Los

Angeles,

California

non-profit

corporation,

and
USA

Properties

Fund,

Inc.,

California

corporation

construct

110

units

affordable
workforce

for-sale

housing

(the

“Habitat

Project”)

and

approximately

272

units

of
affordable

rental

housing

(the

“USA

Project”)

and

determined

commercial/retail
project (the “Commercial/Retail Project”)
.

3. Find that this item is not subject to the California Environmental Quality Act.

4. Authorize

the

City

Manager

his

designee

negotiate,

finalize,

and

execute

all

related
documents in a form approved by the City Attorney.

December

2022,

staff

issued

RFP

solicit

proposals

for

HNR-3.

Upon

receiving
the

proposals

April

2023,

staff

completed

review

and

due

diligence

process.

A
selection

panel

comprised

City

staff

members

from

Planning

and

Community
Development,

Real

Estate

and

Economic

Development,

Engineering,

and

Finance,

with
support

from

Affordable

Housing

Solutions,

reviewed

the

proposals

and

conducted
interviews

with

three

development

teams.

After

thorough

review,

the

selection

panel
chose Habitat for Humanity of Greater Los Angles and USA Properties on June 2, 2023.

CALIFORNIA CHOICE ENERGY AUTHORITY - CONSENT CALENDAR

CCEA CC 1.

Approve

Amendments

Professional

Services

Agreements

between

California

Choice
Energy

Authority

and

Bayshore

Consulting

Group,

Inc.,

California

Choice

Energy
Authority

and

Maher

Accountancy,

and

Approve

Agreement

Between

California
Choice Energy Authority and Deveau Burr Group, LLC

Recommendation:

1. Approve

Amendment

No.

4 to

the

Professional

Services

Agreement

between
California

Choice

Energy

Authority

(CalChoice)

and

Bayshore

Consulting

Group,

Inc.
(Bayshore)

for

management,

operations,

and

administrative

services

and

authorize

the
Executive Director, or his designee, to sign all documents.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 3 ~

COUNCIL ACTIONS

CONSENT CALENDAR

2. Approve

Amendment

No.

3 to

the

Professional

Services

Agreement

between
CalChoice

and

Maher

Accountancy

(Maher)

for

accounting

support

services

and
authorize the Executive Director, or his designee, to sign all documents.

3. Approve

Agreement

for

Professional

Services

between

California

Choice

Energy
Authority and Deveau Burr Group, LLC (DBG) for lobbying services.

January

16,

2019,

Agreement

for

Management,

Operations,

and

Administrative
Support

with

Bayshore

was

executed

and

further

amended

September

10,

2019,

July
14,

2020,

and

June

28,

2022.

Bayshore

provides

management,

operations,

and
administrative

services,

including

Southern

California

Edison

liaison,

member

city
performance

and

operational

updates,

regulatory

and

legislative

affairs,

power
procurement,

contract

administration,

marketing,

oversight

legal,

technical,

and

data
management consultants, and overall CalChoice operations.

CCEA CC 2.

Adopt

Resolution

No.

CCEA

24-XX

Approving

Acquisition

Credit

Card

for
California Choice Energy Authority Business Purposes

Recommendation:

Adopt

Resolution

No.

CCEA

24-XX

Approving

acquisition

credit

card

for
California Choice Energy Authority business purposes.

improve

operational

efficiency,

the

CalChoice

Treasurer

recommends

CalChoice
apply

for

and

acquire

credit

card

for

business

purposes.

The

credit

card

provider
requires

the

CalChoice

Board

adopt

resolution

authorizing

the

acquisition

the
credit card. Internal controls will ensure proper use of the credit card.

SUCCESSOR AGENCY - CONSENT CALENDAR

SA CC 1.

Successor

Agency

Administrative

Budgets

for

the

Periods

July

2024,

December

31,
2024, and January 1, 2025, to June 30, 2025.

Recommendation:

Adopt

Resolution

No.

XX-24
,

approving

the

Successor

Agency

the

Former
Redevelopment

Agency

the

City

Lancaster

Administrative

Budgets

for

the

periods

of
July

2024

December

31,

2024

and

January

2025

June

30,

2025,

detailed

in
Attachments A & B.

Health

and

Safety

Code

Section

34177(j)

require

successor

agencies

adopt

six-month
budgets.

These

budgets

are

developed

from

the

enforceable

obligations

listed

the
Recognized Obligation Payment Schedule for the period July 1, 2024 to June 30, 2025

CC 1.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 4 ~

Waive

further

reading

any

proposed

ordinance.

(This

permit

reading

the

title

only

lieu

of
reciting the entire text.)

CC 2.

Approve

the

City

Council/Successor

Agency/Financing/Housing/Power/California

Choice
Energy Authority Regular Meeting Minutes of December 12, 2023

CC 3.

Acceptance

Public

Works

Construction

Project

No.

PWCP

22-003

2022

Spring
Pavement Management Program

Recommendation:

the

work

constructed

Sully-Miller

Contracting

Company,

for

Public

Works
Construction

Project

(PWCP)

No.

22-003,

2022

Spring

Pavement

Management

Program,

and
direct

the

City

Clerk

file

the

Notice

Completion

for

the

project.

Retention

this

project
shall be disbursed in accordance with California Public Contract Code Section 22038(b).

part

this

project,

bike

lanes

were

striped

two

(2)

intersections

that

currently

did

not
have

the

capacity

detect

bicycles.

order

provide

the

safest

and

most

efficient

user
experience

the

cyclists,

was

important

that

the

City

upgraded

the

video

detection

systems
at these intersections.

CC 4.

CUP 16-08 - Acceptance of Improvements (Recycled Water)

Recommendation:

Approve

the

following

developer-installed

recycled

water

system,

and

the

recycled
water system for maintenance by the City and for public use:

Project No.

Location/Owner
Conditional Use Permit No. 16-08 Southeast Corner Avenue K and Division Street Owner: Circle K Stores, Inc.

The

recycled

water

system

has

been

constructed

and

completed

the

developer

according

to
the

approved

plans

and

specifications.

The

work

has

been

inspected

and

found

be
satisfactory to the Director of Public Works.

CC 5.

CUP 16-08 - Acceptance of Improvements (Streets)

Recommendation:

Approve

the

developer-constructed

streets

the

following

project.

addition,

the
streets for maintenance by the City and for public use.

Project

Location/Owner
Conditional Use Permit No. 16-08 Southeast corner Avenue K and Division Street

Owner: Circle K Stores, Inc
The

streets

have

been

constructed

and

completed

the

developer

according

the

approved
plans

and

specifications.

The

work

has

been

inspected

and

found

satisfactory

the
Director of Public Works.

CC 6.

Approval

Multi-Year

Professional

Service

Agreements

for

Public

Works

Inspections

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
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Services

Recommendation:

Approve

Multi-Year

Professional

Service

Agreements

with

each

the

pre-qualified
consulting

firms,

and

authorize

the

City

Manager,

his

designee,

execute

all

task

orders
within existing signature authority limits.

November

2023,

the

City

advertised

Request

for

Qualifications

(RFQ

806-24)

for

Multi-
Year

Public

Works

Inspection

Services

for

the

term

January

2024

June

2027

from
professional

consulting

firms

support

the

Capital

Improvement

Program

and

departmental
operations.

The

RFQ

included

one

(1)

major

service

Category

1 –

Roadway

and
Structures

Engineering)

for

2024

Pavement

Management

Program

(PMP)

Road
Rehabilitation Project (Reference: PWCP 24-005)

Recommendation:

1. Approve

Task

Order

No.

1 with

Pavement

Engineering,

Inc.,

accordance

with

the

Multi-
Year

Professional

Services

Agreement,

Service

Group

Category

(SGC)

1 -

Roadway

and
Structures

Engineering
,

provide

Design

Services

for

pavement

resurfacing

on
approximately

14.2 lane

miles

the

amount

$369,935.00

plus

10%

contingency;

and
authorize the City Manager, or his designee, to sign all documents.

2. Find

that

the

approval

Task

Order

not

project

under

California

Environmental
Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 4, Chapter 3, Article 20).

November

2022,

the

City

Council

approved

Multi-Year

Professional

Service
Agreements

with

the

consulting

firms

recommended

staff

pre-qualified

service
providers

through

December

31,

2026.

The

Multi-Year

Agreement

permits

City

staff

issue
Task Orders for individual projects.

CC 8.

Citywide Utility Auditing Professional Services Agreement - Pacific Utility Audit, Inc.

Recommendation:

1. It

recommended

that

the

City

Council

approve

Professional

Services

Agreement

with
Pacific Utility Audit, Inc. (“PUA”).

2. Authorize the City Manager, or his designee, to sign all documents.

The

City

Lancaster

has

determined

that

utility

audit

necessary

investigate

the
significant

increase

utility

bills

over

the

last

two

fiscal

years.

Utility

auditing

process
that

saves

money

every

month

identifying

errors

and

overcharges

the

utility

provider,
as

well

determining

lower

rates

that

better

match

the

City's

needs.

Pacific

Utility

Audit
specializes

auditing

water,

sewer,

gas,

electric,

telephone,

and

trash

bills

for

businesses

and
properties

California,

Oregon,

Washington,

and

Nevada.

They

have

been

specializing

in
this unique area of utility auditing since 1989.\

CC 9.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 6 ~

Task

Order

for

Multi-Year

Professional

Services

(Service

Group

Category

1 –

Roadway

and
Structures

Engineering)

for

2024

Pavement

Management

Program

(PMP)

Preventative
Maintenance (Reference PWCP 24-006)

Recommendation:

Approve

Task

Order

No.

2 with

Pavement

Engineering,

Inc.,

accordance

with

the

Multi-
Year

Professional

Services

Agreement,

Service

Group

Category

(SGC)

1 -

Roadway

and
Structures

Engineering
,

provide

Design

Services

for

preventative

maintenance

treatments
on

approximately

5.75 lane

miles

the

amount

$150,000.00

plus

10%

contingency;

and
authorize the City Manager, or his designee, to sign all documents.

Responsibilities,

under

this

Task

Order,

include

project

management;

research

and
geotechnical

services;

mapping

and

surveying

services;

and

preparation

plans,
specifications, and estimates (PS&E) bid package for construction .

CC 10.

Adding

Chapter

12.28 to

the

Lancaster

Municipal

Code

relating

Protection

Critical
Infrastructure / Wildfire Risk Areas, and amending Chapter 12.04 - Parks and Public Spaces

Recommendation:

1. Adoption

Ordinance

No.

1112
,

adding

Chapter

12.28 to

the

Lancaster

Municipal

Code
relating to the Protection of Critical Infrastructure and Wildfire Risk Areas; and

2. Adoption

Ordinance

No.

1113
,

amending

Chapter

12.04 –

Parks

and

Public

Places
Rules and Regulations.

evaluating

current

issues

that

impact

the

ability

protect

City

infrastructure

and
maintain

the

safety

and

security

parks

and

public

spaces,

staff

identified

needed

additions
to the Lancaster Municipal Code.

CC 11.

General Plan Amendment No. 17-007/Zone Change No. 17-006

Recommendation:

Adopt

Ordinance

No.

1110
,

amending

the

City

zoning

plan

for

approximately

160

acres

of
land

located

south

Avenue

between

50 Street

West

and

55 Street

West

(APNs

3269-011-015,

3269-011-007),

known

Zone

Change

No.

17-006,

from

RR-2.5

(Rural
Residential, minimum lot size 2.5 acres) to LI (Light Industrial).

The

proposed

project

would

consist

630,000

square-foot

electric

school

bus
manufacturing

facility

approximately

30 acres

the

160

acre

site.

The

facility

would
employ

650

individuals;

creating

100

new

office

jobs

and

550

new

manufacturing

jobs.

This
is

addition

the

approximately

750

jobs

created

with

BYD’s

transit

bus

manufacturing
and battery facilities.

CC 12.

General Plan Amendment No. 23-001/Zone Change No. 23-001

Recommendation:

Adopt

Ordinance

No.

1111
,

amending

the

City

zoning

plan

for

approximately

45 acres

of
land

located

the

west

side

Sierra

Highway

between

Avenue

and

Avenue

H-8

(APNs
3135-001-903

thru

3135-001-918),

known

Zone

Change

No.

23-001,

from

mix

MDR
(Moderate

Density

Residential)

and

(Park)

MDR.
,

amending

the

City

zoning

plan

for
approximately

45 acres

land

located

the

west

side

Sierra

Highway

between

Avenue
th
th

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 7 ~

NEW BUSINESS

COUNCIL REPORTS
H

and

Avenue

H-8

(APNs

3135-001-903

thru

3135-001-918),

known

Zone

Change

No.
23-001, from a mix of MDR (Moderate Density Residential) and PK (Park) to MDR.

June

29,

2023,

the

Community

Development

Department

received

applications

for

the
construction

and

occupancy

two-phased,

100%

affordable,

private,

gated

rental

housing
community

located

the

west

side

Sierra

Highway

between

Avenue

and

Avenue

H-8.

These

applications

included

Site

Plan

Review

(SPR),

Tentative

Tract

Map

(TTM),

General
Plan Amendment (GPA), and Zone Change (ZC) request.

CC 13.

Award

Contracts

City’s

Financial

Advisors

NHA

Advisors,

LLC

for

Financial
Advisory Services.

Recommendation:

Authorize

the

City

Manager

and/or

his

designee,

with

the

concurrence

the

City

Attorney,
to

negotiate,

finalize

and

execute

the

contracts

and

all

documents

and

addendums

with
NHA Advisors, LLC for Financial Advisory Services.

The

City

Lancaster

(the

City)

prepares

five-year

capital

plan

(Plan)

that

identifies

City-
funded

capital

improvement

projects.

The

current

focus

completing

multiple

Agency
and

enterprise-funded

projects

from

the

Plan’s

last

major

update

Fiscal

Year

2023/2028.

update

the

five-year

plan

underway

and

anticipates

proceeds

from

special

revenue
and

prior

bond

issues.

The

City

Lancaster

seeking

financial

advisory

services

from

NHA
Advisors,

LLC

assist

with

these

infrastructure

projects

for

contract

term

five-years
with

the

option

renew

two

additional

five-year

terms,

which

may

exercised

the

City's
discretion.

NB1.

ShotSpotter pilot program with SoundThinking, Inc.

Recommendation:

Approve

six

(6)

month

pilot

program

and

three

(3)

year

Professional

Service

Agreement

with
SoundThinking,

Inc.;

and

authorize

the

City

Manager,

his

designee,

execute

all

task
orders. City has the option to cancel the contract at the end of the pilot program.

The ShotSpotter solution is designed to identify, locate and track active gunfire.

CR1.

Council Reports

LANCASTER FINANCING AUTHORITY

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 8 ~

No action required at this time.

POWER AUTHORITY - NEW BUSINESS

No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item

NOT ON THE AGENDA
regarding City/Agency/Authority business and speaker cards must be submitted
prior
to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. State law prohibits the Legislative Body from taking action on items not on the agenda and your matter may be referred to the City Manager/Executive Director.

Individual
Speakers are limited to three (3) minutes each unless a different time limit is announced.

CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS

CLOSED SESSION

1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - two potential cases.

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

3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management District v. United States Environmental Protection
Agency, et al. 9
Cir. Case No. 23-1614 Name of local agency representative on joint powers agency board: Marvin Crist, Ken Mann

4. Antelope Valley Groundwater Cases Included Action:

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Los Angeles, Case No. BC325201; th

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 9 ~

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.

City of Lancaster, Diamond Farming Co. v. Palmdale Water District Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668

5. Estate of Guzman v. Lancaster

6. Rahier v. City of Lancaster, LASC Case No. 19 AVCV00163

7. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556

8. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20 AVCV00297

9. Hernandez v. County of Los Angeles, et al., LASC Case No. 20 AVCV00318

10. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345

11. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205

12. Davis v. State of California, LASC Case No. 19 AVCV00805

13. Lancaster v. Netflix, et al., LASC 21STCV01881

14. Butts v. Lancaster, LASC 21STCP00389

15. Lancaster v. Rives

16. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290-JGB(SHKx)

17. Ortiz v. Lancaster, LASC Case No. 21 AVCV00001

18. Aijala v. Lancaster, LASC Case No. 21STCV07841

19. Gardner v. Dominoids, LASC Case No. 21 AVCV00186

20. Evans v. Lancaster, LASC Case No. 21 AVCV00145

21. Bojorquez v. Lancaster, LASC Case No. 20 AVCV00894

22. Arkey v. Lancaster, LASC Case No.20 AVCV00816

23. Perez v. Lancaster, LASC Case No. 20 AVCV00589

24. Serrano v. Los Angeles County et al. LASC Case No. 21 AVCV00562

25. Jackson v. RE Schultz Construction et al. LASC Case No. 21 AVCV00863

26. Castro v. Lancaster

27. Montenegro v. Green, LASC Case No. 22 AVCV01050

28. Carter v. Antelope Valley Fair & Event Center, LASC Case No. 23 AVCV00460

29. Perez v. Lancaster, LASC Case No. 23 AVCV00577

30. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 3135-024-014
Agency negotiators: Chenin Dow and Allison Burns
Negotiating parties: Om Sai Ram Inc.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 10 ~

Under negotiation: price and terms of payment

31. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579

32. Pedvin v. Lancaster, LASC Case No. 23STCV07921

ADJOURNMENT
Next Regular Meeting:

January 23, 2024 at 5:00 PM

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CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 01/09/2024
~ 11 ~

Date: January 9, 2024

STAFF REPORT
City of Lancaster
HA PH 1
1/9/2024
JC
To: Chair Kitty Szeto and Housing Authority Members
From: Larissa De La Cruz, Director – Community Development Christopher Aune, Housing Manager
Subject: Consideration for Approval of Actions in Connection with Lancaster Housing Authority Owned Parcels Related to Compliance with the Surplus Land Act and an Exclusive Negotiation Agreement with Habitat for Humanity of Greater Los Angeles and USA Properties Fund Inc.

Recommendations:

1. Adopt the attached resolution, declaring Housing Authority-owned property (APNS: 3176- 005-915, -916, -918, -919, -921, -930), as exempt surplus land.

2. Adopt the attached resolution, approving an Exclusive Negotiation Agreement (ENA) with Habitat for Humanity of Greater Los Angeles, a California non-profit corporation, and USA Properties Fund, Inc., a California corporation to construct 110 units of affordable workforce for-sale housing (the “Habitat Project”) and approximately 272 units of affordable rental housing (the “USA Project”) and a to be determined commercial/retail project (the “Commercial/Retail Project”).

3. Find that this item is not subject to the California Environmental Quality Act (CEQA).

4. Authorize the City Manager, or his designee, to negotiate, finalize, and execute all related documents in a form approved by the City Attorney.

Fiscal Impact:

There is no fiscal impact to the Housing Authority and the City for entering into the ENA.

Background:

The former Lancaster Redevelopment Agency (“Agency”) purchased properties throughout the City using low- and moderate-income housing funds in the early 2000’s. The Lancaster Housing Authority (“Authority”) began the process of revitalization by demolishing dilapidated buildings, clearing the land, and preparing the site for an income-targeted housing community.

The Authority is the owner of seven vacant parcels comprised of approximately 35 acres located at the former Antelope Valley Fairgrounds identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, -921, -930 (“Authority Property”).

On December 2, 2022, staff issued a Request for Proposal (RFP) to solicit proposals for HNR-

3. Upon receiving the proposals on April 4, 2023, staff completed a review and due diligence process. A selection panel comprised of City staff members from Planning and Community Development, Real Estate and Economic Development, Engineering, and Finance, with support from Affordable Housing Solutions, reviewed the proposals and conducted interviews with three development teams. After a thorough review, the selection panel chose Habitat for Humanity of Greater Los Angeles and USA Properties on June 2, 2023. Since that time, staff and the development team have been negotiating the parameters of the proposed ENA.

The Authority now has the opportunity to take the first steps toward the development of this property.

Habitat and USA Properties have proposed a development that will include:
1) A vibrant, integrated, walkable, sustainable development that incorporates architectural and high-quality design elements that complement the surrounding area and will become a community hub and visual landmark on the Eastside of Lancaster;
2) 382 total housing units (272 rental and 110 ownership), over 85% of which will provide “missing middle” rental and homeownership opportunities for households earning at or below 80% Area Median Income (AMI);
3) 49,500 square feet of commercial space and economic development opportunities with letters of interest from community-serving entities such as Friends of Family Health Center and Habitat ReStore; and
4) 69,600 square feet for the Historic Fair Plaza, including 50,000 square feet of space for the recreational facility/cooling center and proposed mini-pitch soccer facility that the U.S. Soccer Foundation has committed to design and construct at no cost to the City of Lancaster.

The California Surplus Land Act (Government Code 54220 et seq.) (“SLA”) governs the sale of surplus land. Land may be declared either “surplus land” or “exempt surplus land.” The SLA requires local agencies to comply with the SLA before taking action to dispose of surplus land.

The Authority Pro is exempt from the Surplus Land Act, Government Code section 54200, et seq, in accordance with Government Code section 54221(f)(1)(F)(ii) because the City invited entities to participate in a competitive bid process for a mixed- use development that is more than one (1) acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower-income households, as defined in Health and Safety Code Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.

The proposed ENA would enable staff and the developer to enter into formal negotiations to craft a Disposition and Development Agreement (DDA) for the sale and development of the property.

The ENA term would be up to twelve months, during which time the DDA would be drafted. If the parties are unable to reach mutually agreeable terms during the ENA period, the property could again be marketed to other potential developers. The ENA does not bind the Authority to sell the property. The resulting DDA would be subject to approval by the Authority.

The proposed Antelope Valley Village meaningfully aligns with the City of Lancaster’s vision for this project by increasing the City’s stock of “missing middle” ownership and rental housing targeted to the needs of local workforce households as well as including commercial and open space that serves both the immediate neighborhood and the larger Lancaster community.

Habitat/USA have proposed to transform the Project Site into a vibrant neighborhood that will become a community hub on the Eastside of Lancaster. Antelope Valley Village meaningfully aligns with the City of Lancaster’s vision for this project by increasing the City’s stock of “missing middle” ownership and rental housing targeted to the needs of local workforce households as well as including commercial and open space that serve both the immediate neighborhood and the larger Lancaster community.

Environmental Considerations:

The designation of the property as “exempt surplus” does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines, 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. The recommended actions for the ENA approval have been reviewed under the CEQA requirements under Title 14 of the California Code of Regulations (CCR) and the actions have been determined to be exempt per CEQA Guidelines §15312, §15332, and §15061(b)(3).

CA/js
Attachments:

Resolution No.

ENA
RESOLUTION NO. HA

A RESOLUTION FOR CONSIDERATION FOR APPROVAL

OF ACTIONS IN CONNECTION WITH LANCASTER

HOUSING AUTHORITY OWNED PARCELS RELATED TO

COMPLIANCE WITH THE SURPLUS LAND ACT AND AN

EXCLUSIVE NEGOTIATION AGREEMENT WITH HABITAT

FOR HUMANITY OF GREATER LOS ANGELES AND USA
PROPERTIES FUND INC.

WHEREAS, the Lancaster Housing Authority (“Authority”) is the owner in fee simple of certain vacant parcels identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, - 921, -930 (“Authority Property”); and
WHEREAS, pursuant to the Surplus Land Act, Government Code section 54220, et seq. ("Act"), “surplus land” is land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is either surplus land or exempt surplus land and is not necessary for the agency’s use; WHEREAS, pursuant to the Act, land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures; WHEREAS, the Authority’s priorities for the potential development of the Property is to advance the City’s overall mission to address their current housing crisis needs and need for affordable residential options and that this Property could contribute significantly to addressing that need by providing several residential units;
WHEREAS, the Authority hereby declares, pursuant to Government Code section 54221(b) and 54221(f)(1)(F)(ii), that the Property is exempt surplus land as the City put the Property out to an open, competitive bid by issuing its Request for Proposals with an invitation to all entities identified in Government Code section 54222(a), for a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, restricting at least 25 percent of such units to lower-income households, as defined in section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing;
WHEREAS, to address the Authority’s objectives of providing affordable housing, Habitat/USA, has proposed to acquire from the Authority certain property identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, -921, -930 (“Site”), to construct 110 units of affordable workforce for-sale housing (the “Habitat Project”) and approximately 272 units of affordable rental housing (the “USA Project”) and a to be determined commercial/retail project (the “Commercial/Retail Project”); and
NOW, THEREFORE, the Lancaster Housing Authority of the City of Lancaster does hereby resolve as follows:

The Authority finds and determines that the statements set forth in the Recitals above are true, correct, and a substantive part of this Resolution.

Section 1. The Authority hereby declares that the Property is exempt surplus land pursuant to Government Code section 54221(f)(1)(F)(ii).

Section 2. A notice of availability to the entities designated in Government Code section 54222(a) (“designated entities”) was sent by electronic mail and a copy of this Resolution will be submitted to the California Department of Housing and Community Development in accordance with the Surplus Land Act Guidelines.

Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines. It has determined that the designation of the property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines, 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378(b)(5), as it involves organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. Further, adoption of this Resolution is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the actions will not have a significant adverse impact on the environment, as no development is authorized by this Resolution, and any future disposition will require separate environmental analysis if and when the details of such disposition are known. There are no federal actions, therefore, NEPA does not apply; and
Section 4. The City Manager or his designee is authorized to negotiate, finalize, and execute all related documents in a form approved by the City Attorney.

PASSED, APPROVED, and ADOPTED this , 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

ANDREA ALEXANDER
City Clerk
Lancaster Housing Authority

KITTY KIT SZETO
Chair
Lancaster Housing Authority

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF LANCASTER
)
) ss
)

CERTIFICATION OF RESOLUTION

LANCASTER HOUSING AUTHORITY
I, , City of Lancaster,
California, do hereby certify that this is a true and correct copy of the original Resolution No.

HA X-24 , 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 , 2024.
(seal)

CITY OF LANCASTER

EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (“Agreement”), effective , 2024 (“Effective Date”), is between the City of Lancaster, a California municipal corporation (“City”), and Habitat for Humanity of Greater Los Angeles, a California non- profit corporation (“Habitat”), and USA Properties Fund, Inc., a California corporation (“USA”).

The City, Habitat, and USA are sometimes referred to in this Agreement individually each as a “Party” and collectively as the “Parties.” This Agreement is entered into by the Parties with reference to the following recited facts:

RECITALS
A. The City owns approximately 35 acres of real property located at the intersection of East Avenue I and Division Street in Lancaster, California [Assessor’s Parcel Nos. 3176-005-915, -916, -918, -919, -921, -930].

B. Habitat and USA are each interested in acquiring all or portions of the Property from City, and thereafter, securing all necessary entitlements to redevelop the Property with approximately 110 units of affordable workforce for-sale housing (the “Habitat Project”) and approximately 272 units of affordable rental housing (the “USA Project”) and a to be determined commercial/retail project (the “Commercial/Retail Project”).

C. The Pinyon Group LLC, a California limited liability company (“TPG”), will act as a co-developer of the USA Project.

D. Habitat is interested in developing the Habitat Project and USA is interested in developing the USA Project as part of a proposed 35-acre mixed-use project in the City located at East Avenue I & Division Street (HNR-3), commonly referred to as Antelope Valley Village.

E. The Commercial/Retail Project is anticipated to be developed by one or more of Habitat, USA, TPG, or third-party developers (“Commercial/Retail Developers”) in cooperation with Habitat and USA.

F. The intent of the Parties in entering into this Agreement is to establish a specific, limited period of time to negotiate the terms of a future agreement between the Parties governing the potential disposition and development of the Property (“DDA”).

NOW, THEREFORE, in view of the goals and objectives of the City relating to the development of the Property, and the promises of the Parties set forth in this Agreement, the Parties agree, as follows:

AGREEMENT

1. Terms of Agreement. The Parties shall have 120 days from the Effective Date, or such extended date as may be mutually agreed upon in writing by the Parties (as may be so extended, the “Term Sheet Deadline”), to agree on a term sheet for the DDA (the “DDA Term Sheet”). If the Parties are unable for any reason to reach agreement on the DDA Term Sheet by the Term Sheet Deadline, this Agreement shall expire automatically without any further obligation of the Parties hereunder. If the Parties agree on a DDA Term Sheet before or on the Term Sheet Deadline, this Agreement shall continue to be of full force and effect, and the Parties shall have up to 12 months from the date of the Parties’ execution of the DDA Term Sheet to negotiate and execute the DDA according to the Schedule of Performance set forth in the DDA Term Sheet. The initial 120-day period and any extension, if applicable, together with the 12-month period are the “Negotiation Period.”

2. Negotiation of DDA. During the Negotiation Period, the Parties will attempt to diligently and in good faith negotiate a DDA Term Sheet and a DDA. It is anticipated by the Parties that the items and terms to be addressed in such negotiations will include: (1) the physical and land title conditions of the Property at the time of transfer from the City to Habitat and to USA for their individual Projects; (2) the land uses to be included in the Habitat Project, the USA Project, and the remainder of the AVV Project, (3) the CEQA review and land use entitlements (and timing thereof) necessary for the Habitat Project, the USA Project and the remainder of the AVV Project; (4) the Habitat Project development schedule, and phasing plan if applicable; (5) the USA Project development schedule, and phasing plan if applicable; (6) conditions of any financing for the Habitat Project; (7) conditions of any financing for the USA Project; (8) the purchase price and other terms and conditions of sale for the Property and the allocation thereof between the individual Projects; (9) adequacy of, or need for, infrastructure facilities and improvements to serve the Habitat Project and/or the USA Project; (10) coordination between the Habitat Project, the USA Project and the balance of the AVV Project; and (11) and such other matters that the Parties deem appropriate. Nothing in this Agreement shall bind any of the Parties to reach an agreement on a DDA and in the event the Parties are unable for any reason to reach agreement on a DDA by the Outside DDA Date, this Agreement shall expire automatically without any further obligation of the Parties hereunder. The Parties agree and acknowledge that (i) the City and one or both of Habitat and USA may enter into separate terms sheets and DDAs for the Habitat Project, the USA Project, and the balance of the AVV Project and (ii) a Commercial/Retail Developer reasonably acceptable to the Parties may be a party to a term sheet or DDA addressing the portion of the AVV Project that is not included in the Habitat or USA Project.

3. Each Party to Pay Its Respective Costs and Expenses. Each Party is responsible for its own expenses in connection with this Agreement and the DDA negotiation.

4. Appraisal of Property. During the Negotiation Period, any Party may, at its sole expense, obtain an appraisal of the Property to determine its fair market value to aid the Parties in negotiating a purchase price as part of the DDA; provided that such Party shall share a copy of such appraisal with the other Parties, and provided further that nothing herein shall obligate the Parties to utilize such appraised value as the final purchase price for the Property.

5. CEQA. The City is by law required to exercise discretion in various ways concerning development of the Property, including but not limited to in considering entitlements and permits for the development, as well as adoption of any amendments to City ordinances, regulations, or planning or policy documents. The Parties recognize that execution of this preliminary Exclusive Negotiation Agreement does not constitute “approval” of a “project,” as those terms are defined by CEQA, and does not limit the ability of the City to consider alternatives or mitigation measures for any project that might arise and be subject to CEQA. Nothing herein waives any right or obligation that any Party may have under any state or local density bonus law.

6. Exclusivity. During the Negotiation Period, the City and City staff may not solicit offers, negotiate, or enter into any agreement with any other person or entity concerning the disposition (sale, option, or lease) or development of the Property. The City may receive and retain unsolicited offers regarding the Property, but the City may not negotiate with the proponent of any such offer during the Negotiation Period. Any Party may disclose the fact that the such Party is a party to this Agreement.

7. Due Diligence. During the Negotiation Period, Habitat and USA may undertake certain due diligence activities to determine the feasibility of Habitat’s and USA’s purchase and development of the Property. Upon Habitat’s and/or USA’s written request, City shall provide or cause to be provided to Habitat and USA all documents relating to the physical or environmental condition of the Property (including, but not limited to, environmental, property physical condition, geological studies, engineering and structural analyses, and geotechnical reports and soil tests and analyses) to the extent reasonably known to be in City’s possession or control. If Habitat or USA desires to perform physical inspections of the Property, that Party and the City shall enter into a license agreement or similar instrument allowing that Party and its agents to enter the Property to conduct such inspections in form and substance reasonably acceptable to the Parties.

8. Acknowledgments and Reservations. If this Agreement expires or is terminated for any reason, or a future DDA is not approved and executed by all the Parties for any reason, no Party is under any obligation, nor shall any Party have any liability to any other Party or to any other person regarding the Property. No Party is bound by any statement, promise, or representation made by another Party’s staff or representatives during the course of negotiations of a future DDA.

The Parties will only be legally bound after a complete DDA is approved and executed by all Parties, each in its respective absolute discretion and, in the case of the City, following one or more duly noticed public hearings as required by law.

9. Breach. If a Party breaches this Agreement, and such breach is not cured in a reasonable period after written notice is delivered to the breaching Party of the alleged breach, the exclusive remedy of the Party who has not breached is to terminate this Agreement by serving written notice of termination on the breaching Party.

10. Notice. Any notice or instrument required to be delivered under this Agreement must be in writing and delivered at the addresses shown below. While the Parties are requested to provide courtesy copies as indicated below, a defect in providing a courtesy copy is not a defect in notice under this Agreement.

TO HABITAT: Attn: Darrell Simien
Habitat for Humanity of
Greater Los Angeles
Phone: 310-323-4663 ext. 202
Email: [email protected]
With a courtesy copy to:

Attn: David L. Preiss
Holland & Knight, LLP
560 Mission Street, Suite 1900
San Francisco, CA 94105
Phone: (415) 743-6914
Email: [email protected]
TO USA: Attn: Steven Gall
USA Properties Fund, Inc.
3200 Douglas Boulevard
Suite 200
Roseville, California 95661
Phone: (916) 724-3825
Email: [email protected]
With a courtesy copy to:

Attn: Jay Stark
The Pinyon Group LLC
949 S Hope Street, Suite 100
Los Angeles, California 90015
Phone: (310) 292-2807
Email: [email protected]
And a courtesy copy to:

Email:

11. Counterpart Originals. This Agreement may be delivered by facsimile, pdf attachment to email, or other electronic means. This Agreement may be signed electronically by any Party. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

12. No Third-Party Beneficiary; Assignees. Nothing in this Agreement is intended to benefit any person or entity other than the City, Habitat, and USA. TPG is not a third-party beneficiary of this Agreement. Neither Habitat nor USA may assign its rights under this Agreement.

13. Governing Law. This Agreement is governed by exclusively by the laws of the State of California, without application of any conflict-of-laws principles or statutes. Venue for any dispute regarding the Agreement lies exclusively in the courts in Los Angeles County, California.

14. Waivers. No waiver of any breach of any term or condition contained in this Agreement may be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement is enforceable against either Party unless it is made in writing and executed by both Parties.

CITY:

CITY OF LANCASTER,
a California municipal corporation
By:
[NAME], [TITLE]
USA
USA PROPERTIES FUND, INC.,
a California corporation
By:
[NAME], [TITLE]
APPROVED AS TO FORM:

By:

City Attorney
HABITAT:

Habitat for Humanity of Greater Los
Angeles, a California non-profit corporation
By:
[NAME], [TITLE]

RESOLUTION NO. HA

A RESOLUTION FOR CONSIDERATION FOR APPROVAL

OF ACTIONS IN CONNECTION WITH LANCASTER

HOUSING AUTHORITY OWNED PARCELS RELATED TO

COMPLIANCE WITH THE SURPLUS LAND ACT AND AN

EXCLUSIVE NEGOTIATION AGREEMENT WITH HABITAT

FOR HUMANITY OF GREATER LOS ANGELES AND USA
PROPERTIES FUND INC.

WHEREAS, the Lancaster Housing Authority (“Authority”) is the owner in fee simple of certain vacant parcels identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, - 921, -930 (“Authority Property”); and
WHEREAS, pursuant to the Surplus Land Act, Government Code section 54220, et seq. ("Act"), “surplus land” is land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is either surplus land or exempt surplus land and is not necessary for the agency’s use; WHEREAS, pursuant to the Act, land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures; WHEREAS, the Authority’s priorities for the potential development of the Authority Property is to advance the City’s overall mission to address their current housing crisis needs and need for affordable residential options and that this Property could contribute significantly to addressing that need by providing several residential units; WHEREAS, the Authority hereby declares, pursuant to Government Code section 54221(b) and 54221(f)(1)(F)(ii), that the Property is exempt surplus land as the City put the Property out to an open, competitive bid by issuing its Request for Proposals with an invitation to all entities identified in Government Code section 54222(a), for a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, restricting at least 25 percent of such units to lower-income households, as defined in section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing;
WHEREAS, to address the Authority’s objectives of providing affordable housing, Habitat/USA, has proposed to acquire from the Authority certain property identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, -921, -930 (“Site”), to construct 110 units of affordable workforce for-sale housing (the “Habitat Project”) and approximately 272 units of affordable rental housing (the “USA Project”) and a to be determined commercial/retail project (the “Commercial/Retail Project”); and
NOW, THEREFORE, the Lancaster Housing Authority of the City of Lancaster does hereby resolve as follows:

The Authority finds and determines that the statements set forth in the Recitals above are true, correct, and a substantive part of this Resolution.

Section 1. The Authority hereby declares that the Authority Property is exempt surplus land pursuant to Government Code section 54221(f)(1)(F)(ii).

PASSED, APPROVED, and ADOPTED this ____________, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ _______________________

ANDREA ALEXANDER KITTY KIT SZETO
City Clerk Chair
Lancaster Housing Authority Lancaster Housing Authority

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

LANCASTER HOUSING AUTHORITY
I, __________________________, __________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No.

HA X-24 , 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 ________________, 2024.
(seal)
RESOLUTION NO. HA X-24

A RESOLUTION OF THE LANCASTER HOUSING

AUTHORITY, APPROVING AN EXCLUSIVE NEGOTIATION

AGREEMENT (AGREEMENT) BY AND BETWEEN THE

LANCASTER HOUSING AUTHORITY AND HABITAT FOR

HUMANITY OF GREATER LOS ANGELES AND USA
PROPERTIES FUND INC.

WHEREAS, the Lancaster Housing Authority (“Authority”) is the owner in fee simple of certain vacant parcels identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, - 921, -930 (“Authority Property”); and
WHEREAS, to address the Authority’s objectives of providing affordable housing, Habitat for Humanity of Greater Los Angeles and USA Properties Fund Inc., have proposed to acquire from the Authority certain property identified as Assessor Parcel Numbers 3176-005-915, -916, -918, -919, -921, -930 (“Site”), to construct 110 units of affordable workforce for-sale housing (the “Habitat Project”) and approximately 272 units of affordable rental housing (the “USA Project”) and a to be determined commercial/retail project (the “Commercial/Retail Project”); and WHEREAS, a public hearing of the Authority on the proposed Agreement was duly noticed; and
WHEREAS, the proposed Agreement was available for public inspection prior to the joint public hearing; and
WHEREAS, on January 9, 2024, the governing board of the Authority held a public hearing on the proposed Agreement, at which time the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, the purpose of the ENA is to establish procedures and standards for the negotiation by an between the City and Habitat and USA Properties for the disposition and development agreement relating to the proposed project.

NOW, THEREFORE, the Housing Authority of the City of Lancaster does hereby resolve as follows:

Section 1.Approval of the Exclusive Agreement to Negotiate does not commit the City to a definite course of action with respect to the subject property, and this activity does not constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378. Appropriate CEQA analysis will occur in connection with formal negotiations for the Disposition and Development Agreement for the property.

Section 2. The Housing Authority finds and determines that the statements set forth in the Recitals above are true, correct and a substantive part of this Resolution.

Section 3. The Housing Authority hereby finds and determines that the Agreement is consistent with the provisions and goals of the City for provision of affordable housing.

Section 4. The Housing Authority hereby finds and determines that the disposition of the Authority Property by the Authority pursuant to the Agreement will promote the affordable housing objectives of the Authority and will eliminate blight within the Project Area by providing for the proper reuse and redevelopment of the Project Area which was declared blighted.

Section 5. The Housing Authority consents that the City Manager (or his designee) may, on behalf of the City, make revisions to the Agreement which do not materially or substantially increase the City’s obligations thereunder or materially or substantially change the uses or development permitted on the Authority Property, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the City’s obligations, responsibilities and duties to be performed under the Agreement and related documents.

PASSED, APPROVED, and ADOPTED this ____________, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ _______________________

ANDREA ALEXANDER KITTY KIT SZETO
City Clerk Chair
City of Lancaster Lancaster Housing Authority

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, 2024.
(seal)

CITY OF LANCASTER

EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (“Agreement”), effective ________________, 2024 (“Effective Date”), is between the City of Lancaster, a California municipal corporation (“City”), and Habitat for Humanity of Greater Los Angeles, a California non- profit corporation (“Habitat”), and USA Properties Fund, Inc., a California corporation (“USA”).

C. The Pinyon Group LLC, a California limited liability company (“TPG”), will act as a co-developer of the USA Project.

AGREEMENT

3. Each Party to Pay Its Respective Costs and Expenses. Each Party is responsible for its own expenses in connection with this Agreement and the DDA negotiation.

TO HABITAT: Attn: Darrell Simien
Habitat for Humanity of
Greater Los Angeles
________________________
________________________
Phone: 310-323-4663 ext. 202
Email: [email protected]
With a courtesy copy to:

Attn: Jay Stark
The Pinyon Group LLC
949 S Hope Street, Suite 100
Los Angeles, California 90015
Phone: (310) 292-2807
Email: [email protected]
And a courtesy copy to:

Attn: Kyle Arndt
Bocarsly Emden Cowan Esmail
& Arndt LLC
633 West 5th Street, Suite 5880
Los Angeles, CA 90071
Phone: (213) 239-8048
Email: [email protected]
TO CITY OF LANCASTER Attn: City Manager
________________________
________________________
Phone: ________________________
Email: ________________________

CITY:

CITY OF LANCASTER,
a California municipal corporation
By: ______________________________
[NAME], [TITLE]
USA
USA PROPERTIES FUND, INC.,
a California corporation
By: ______________________________
[NAME], [TITLE]
APPROVED AS TO FORM:

By: _____________________________
City Attorney
HABITAT:

Habitat for Humanity of Greater Los
Angeles, a California non-profit corporation
By: _____________________________
[NAME], [TITLE]

STAFF REPORT
California Choice Energy Authority
CCEA CC 1
1/9/2024
JC
Date:January 9, 2024
To: Chairman Parris and Authority Members
From:Jason Caudle, City Manager
Subject:Approve Amendments to Professional Services Agreements between California Choice Energy Authority and Bayshore Consulting Group, Inc., California Choice Energy Authority and Maher Accountancy, and Approve Agreement Between California Choice Energy Authority and Deveau Burr Group, LLC Recommendation:

1. Approve Amendment No. 4 to the Professional Services Agreement between California Choice Energy Authority (CalChoice) and Bayshore Consulting Group, Inc. (Bayshore) for management, operations, and administrative services and authorize the Executive Director, or his designee, to sign all documents.

2. Approve Amendment No. 3 to the Professional Services Agreement between CalChoice and Maher Accountancy (Maher) for accounting support services and authorize the Executive Director, or his designee, to sign all documents.

3. Approve Agreement for Professional Services between California Choice Energy Authority and Deveau Burr Group, LLC (DBG) for lobbying services.

Fiscal Impact:

The proposed amendments and agreement have no fiscal impact. Expenses are paid through service charges assessed to the Associate Members.

Background:

On January 16, 2019, an Agreement for Management, Operations, and Administrative Support with Bayshore was executed and further amended on September 10, 2019, July 14, 2020, and June 28, 2022. Bayshore provides management, operations, and administrative services, including Southern California Edison liaison, member city performance and operational updates, regulatory and legislative affairs, power procurement, contract administration, marketing, oversight of legal, technical, and data management consultants, and overall CalChoice operations.
1 4
9 4
Amendment No. 4 will extend the agreement for an additional twelve (12) months, with two (2) automatic one-year extensions unless otherwise terminated in accordance with the Agreement.

Additionally, the Scope of Services is amended to increase Regulatory and Legislative Support and Procurement Support by an additional 40 hours per week for an additional $100,000 per year effective January 1, 2024.

On October 29, 2020, an Agreement for Accounting Services with Maher was executed and further amended on October 29, 2021, and April 7, 2022. Maher provides accounting support services, including monthly reporting to member city finance departments and monthly and quarterly reports to state agencies.

DBG is a newly formed lobbying firm with a team of lobbyists who have previously supported CalChoice and its member cities. The services include promoting policies and initiatives supporting the issues of the Community Choice Aggregation community by engaging with policymakers on issues, preparing position letters, attending various legislative meetings and hearings, and briefing member city management and elected officials as needed.

Attachment:

Bayshore Consulting Group, INc. Amendment No.4
Maher Accountancy Amendment No. 3
Deveau Burr Group Agreement
Professional Consulting Services Agreement; Amendment #4; January 2024 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICE BY AND

BETWEEN THE CALIFORNIA CHOICE ENERGY AUTHORITY AND THE BAYSHORE CONSULTING GROUP, INC.

This Amendment (“Amendment No. 4”) is hereby entered into by and between California Choice Energy Authority (“OWNER”), a Joint Powers Authority, in the State of California, AND The Bayshore Consulting Group, Inc. (“CONSULTANT”) with respect to the Agreement for Professional Consultant Services between the parties dated January 16, 2019.

The parties agree as follows:

1. The term of the Agreement is hereby extended and shall continue in full force and effect for twelve (12) months, plus two (2) automatic one-year extensions from the Effective Date of Amendment No. 4 (the “Term”) unless the Agreement is sooner terminated in accordance with the Agreement; provided, however, that the Owner and Consultant may mutually agree in writing to extend the Term of this Agreement.

2. All other terms and provisions of the Agreement are hereby reaffirmed.

In witness whereof the parties have executed the Amendment on the date set forth below:

OWNER CONSULTANT

CALIFORNIA CHOICE ENERGY AUTHORITY THE BAYSHORE CONSULTING GROUP, INC ___________________________________ ___________________________________ Jason Caudle, Executive Director Barbara Boswell, Partner Dated: _____________________________ Dated: _____________________________ ATTEST:
____________________________________
Andrea Alexander City Clerk/Authority Secretary
_____________________________________
Allison Burns, City Attorney/Authority Counsel
AMENDMENT NO. 3. TO AGREEMENT FOR PROFESSIONAL CONSULTING

SERVICES BY AND BETWEEN CALIFORNIA CHOICE ENERGY

AUTHORITY AND MAHER ACCOUNTANCY
This Amendment ("Amendment No. 3") is hereby entered into by and between California Choice Energy Authority ("CalChoice") and Maher Accountancy ("Consultant") with respect to the Agreement for Professional Consulting Services between the parties dated October 29, 2020, for California Choice Energy Authority Partner City Technical Support Services (the "Agreement"). CalChoice and Consultant are collectively referred to as "Parties.”
The Parties agree as follows:

1. The term of the Agreement is hereby extended and shall continue in full force and effect for twelve (12) months, plus two (2) automatic one-year extensions from the Effective Date of Amendment No. 3 (the “Term”) unless the Agreement is sooner terminated in accordance with the Agreement; provided, however, that the Owner and Consultant may mutually agree in writing to extend the Term of this Agreement.

2. All other terms and provisions of this Agreement are hereby reaffirmed.

In witness whereof the parties have executed the Amendment on the date set forth below:

MAHER ACCOUNTANCY CALIFORNIA CHOICE ENERGY AUTHORITY
___________________________________ ___________________________________ Michael J. Maher, CPA Jason Caudle, Executive Director
BY: Barbara Boswell, Treasurer
Dated: _____________________________ Dated: _____________________________

PROFESSIONAL SERVICES AGREEMENT
This Services Agreement ("Agreement") is dated as of January 1, 2024 (the "Effective Date") between California Choice Energy Authority, a joint powers authority, (Client”) and Deveau Burr Group, LLC a California Limited Liability Company (“Consultant”) (Collectively, the “Parties”).

RECITALS
WHEREAS, the Client desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:

California Choice Energy Authority Lobbying Services
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement:

NOW THEREFORE, in consideration for the promises made herein, the Parties agree as follows:

1. PARTIES TO THE AGREEMENT.

The parties to the Agreement are:

A. Client: California Choice Energy Authority
B. Consultant: Deveau Burr Group, LLC

2. CONTRACTOR RELATIONSHIP. Consultant’s relationship to the Client shall be that of an independent contractor. Consultant shall have no authority, express or implied, to act on behalf of the Client as an agent, or to bind the Client to any obligation whatsoever, unless specifically authorized in writing by the Client. Consultant shall be solely responsible for the performance of any of its employees, agents, or subcontractors under this Agreement, including the training of each employee regarding the rights and responsibilities of an employer and employee for any potential discrimination or harassment claim under state or federal law.

Consultant shall report to the Client any and all employees, agents, and consultants performing work in connection with this project, and all shall be subject to the approval of the Client.

3. TERM. The term of the Agreement shall be in full force and effect for twelve (12) months, plus tow (2) automatic one-year extensions from the the Effective Date of the Agreement (the “Term”) unless the Agreement is sooner terminated in accordance with the Agreement; provided however, that the Client and Consultant may mutually agree in writing to extend the Term of the Agreement.

4. COMPENSATION. Consultant’s compensation for all work performed in accordance with this Agreement, will be billed in the amount of $6,500 per month. No work shall be performed by Consultant in excess of the total contract price without prior written approval of the Client.

5. FEES. Client will be charged a quarterly fee of $250.00 for Consultant to the appropriate forms with the California Secretary of State in regard to any lobbying activity provided by Consultant. These filings will be provided to Client on a quarterly basis.

6. INVOICING. Consultant shall invoice Client for the service performed herein as follows:
a. Monthly Invoicing. Consultant shall send monthly invoices to the Client on/or before the first business day of each month of service for the fees jointly agreed by the Parties. Client shall fully pay Consultant’s fees within 15 days of receipt (“Due Date”). Periodic charges under this Agreement are to be computed on a calendar month basis and will be prorated for any partial month on a calendar day basis.
b. Flat Fee Invoicing. Consultant shall send an invoice to Client upon execution of this Agreement. Client shall pay such invoice in full within 15 days of receipt (“Due Date”).
c. Client Financial Contact. Tammie Holladay shall serve as the direct billing contact for the Client.
i. Direct billing contact may be reached at 661-209-9156 ii. Consultant shall submit invoices to [email protected] d. Consultant Financial Contact: Wendy Birmingham shall serve as the direct billing contact for the Consultant.
i. Direct billing contact may be reached at [email protected] ii. Payments should be sent directly to 2612 17 th Street, Sacramento, CA 95817

7. TERMINATION OF AGREEMENT. Either Party may terminate this Agreement without cause by providing thirty (30) days written notice to the other party. If any portion of the work is terminated or abandoned by the Client, then the Client shall pay Consultant for any work completed up to and including the date of termination or abandonment of this Agreement. The Client shall be required to compensate Consultant for work performed in accordance with the Agreement up to and including the date of termination.

8. CONFIDENTIALITY. Consultant acknowledges that during the engagement there will be access to and acquaintance with various intellectual property, inventions, innovations, processes, information, records and specifications owned or licensed by the Client and/or used by the Client in connection with the operation of its business including, without limitation, the Client’s business and product processes, methods, customer lists, accounts and procedures. The Consultant agrees not to disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Client. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Client, whether prepared by the Consultant or otherwise coming into possession, shall remain the exclusive property of the Company. The Consultant shall not retain any copies of the foregoing without the Client’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Client, the Consultant shall immediately deliver to the Client all such files, records, documents, specifications, information, and other items in possession or under control. The Consultant further agrees not to disclose retention as an independent Consultant or the terms of this Agreement to any person without the prior written consent of the Client and shall at all times preserve the confidential nature of the relationship to the Client and of the services hereunder.

9. CONFLICTS OF INTEREST. The Consultant represents the freedom to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Consultant and any third party. The Consultant is expressly free to perform services for other parties while performing services for the Client.

10. WORKERS’ COMPENSATION. Pursuant to Labor Code section 1861, the Consultant hereby certifies that the Consultant is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and the Consultant will comply with such provisions, and provide certification of such compliance as a part of this Agreement.

11. INDEMNIFICATION. To the greatest extent allowed by law, the Parties shall agree to mutually indemnify each other and hold harmless its officers, agents and employees against all claims for damages to persons or property arising out of the negligent acts, errors or omissions or wrongful acts or conduct of the Parties, or its employees, agents, subcontractors, or others in connection with the execution of the work covered by this Agreement, except for those claims arising from the willful misconduct, sole negligence or active negligence by the Parties, its officers, agents, or employees. Indemnification shall include any and all costs, expenses, attorneys’ fees, expert fees and liability assessed against or incurred by the Parties, its officers, agents, or employees in defending against such claims or lawsuits, whether the same proceed to judgment or not.

12.Insurance.

A. (1) The Consultant, at its expense, shall maintain in effect at all times during the performance of work under 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:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Property Damage
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage N/A
Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
Professional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000
B. General Liability insurance 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 Auto coverage shall be at least as broad as ISO form CA00

01. C. The Consultant’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.

D. A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and a copy of the endorsement must accompany the certificate.

E. Any deductibles or self-insurance retentions must be declared and approved by CCEA. At CCEA’s option, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects Client and its officers, employees and representatives (collectively, for purposes of this Section, “Client”), or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

F. All insurance shall be primary and non-contributory as respects Client. Any insurance or self-insurance maintained by Client shall be in excess of the Consultant’s insurance and shall not contribute with it.

G. The coverage provided under this Agreement shall not contain any special limitations on the scope of protection afforded to Client.

H. Insurance provided and maintained by Consultant must be placed with insurers with a rating of A-, VIII or better by Best’s Key Rating Guide, latest edition.

I. Insurance written on a “claims made” basis must be renewed for a period of five (5) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by Client arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

J. Consultant shall furnish Client with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. The certificates for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by Client before work commences. Client reserves the right to require complete, certified copies of all required insurance policies at any time.

K. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Client.

L. Certificates of Insurance must be deposited with Client for all coverage required by this contract. Certificates 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 Client.
(2) List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:
“California Choice Energy Authority Lobbying Services”
California Choice Energy Authority, its officers, employees and representatives are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:

California Choice Energy Authority, 44933 Fern Avenue, Lancaster, California 93534.

M. Consultant shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Consultant.

N. The coverage shall contain no special limitations on the scope of protection afforded to the insured entities. The Consultant’s insurance coverage shall be primary insurance as respects Client.

13. ENTIRE AGREEMENT. This Agreement comprises the entire integrated understanding between Client and Consultant concerning the work to be performed for this project and supersedes all prior negotiations, representations, or agreements.

14. INTERPRETATION OF THE AGREEMENT and SEVERABILITY. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to Client. The Consultant shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful, shall remain in full force and effect, and to this end the provisions of this Agreement are severable.

15. REPRESENTATIONS AND WARRANTIES. Each Party represents and warrants that it has the power and authority to enter into this Agreement, and the execution, delivery and performance of this Agreement and the transactions and other documents contemplated have been authorized by the Parties. This Agreement has been executed and delivered by each Party, and constitutes a legal, valid and binding obligation of the Party, fully enforceable against the Party in accordance with its terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, and similar laws of general applicability relating to or affecting creditors' rights, and general equity principles.

16. AGREEMENT MODIFICATION. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto.

17. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the CLIENT.

IN WITNESS WHEREOF, the parties hereto agree to the full performance of the covenants herein contained and have caused this Professional Services Agreement to be executed by the signatures below.

Deveau Burr Group, LLC California Choice Energy Authority By: By:

Name: Andrea Deveau Name: Jason Caudle
Title: Managing Partner Title: Executive Director
Date: Date:

ATTEST:
_____________________________________
Andrea Alexander, Board Secretary
APPROVED AS TO FORM:
_____________________________________
Allison Burns, General Counsel

SCHEDULE A

SCOPE OF SERVICES
DUTIES:

The Consultant will provide:

1. Legislative Monitoring: Keeping track of proposed legislation relevant to the client's interests and providing regular updates on the status and progress of such bills.

2. Strategic Planning: Developing and implementing strategies to advocate for particular policies, regulations, or issues in the state's legislative and regulatory processes.

3. Government Relations and Advocacy: Building relationships with key lawmakers, government officials, and stakeholders to promote the client's objectives and influence decision- making.

4. Issue Analysis and Research: Conducting in-depth research and analysis on issues and policy areas of importance to the client, including identifying potential challenges and opportunities.

5. Coalition Building: Forming strategic partnerships and alliances with other organizations, interest groups, or businesses that share similar goals or concerns to amplify the client's voice and increase influence.

7. Regulatory Compliance: Assisting clients in navigating the complex regulatory processes and ensuring compliance with applicable laws and regulations.

STAFF REPORT
California Choice Energy Authority
CCEA CC 2
1/9/2024
JC
Date:January 9, 2024
To: Chairman Parris and Authority Members
From: Jason Caudle, Executive Director
Subject:Adopt Resolution No. CCEA 24-XX Approving Acquisition of a Credit Card for California Choice Energy Authority Business Purposes
Recommendation:

Adopt Resolution No. CCEA 24-XX Approving acquisition of a credit card for California Choice Energy Authority business purposes.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

The cities of Lancaster and San Jacinto entered into a Joint Exercise of Powers Agreement (Agreement), dated as of August 14, 2012, establishing the California Choice Energy Authority (CalChoice) pursuant to the Joint Exercise of Powers Act.

To improve operational efficiency, the CalChoice Treasurer recommends CalChoice apply for and acquire a credit card for business purposes. The credit card provider requires the CalChoice Board adopt a resolution authorizing the acquisition of the credit card. Internal controls will ensure proper use of the credit card.

Attachment:

Resolution No. CCEA 24-XX
RESOLUTION NO. CCEA ______

RESOLUTION OF THE CALIFORNIA CHOICE ENERGY

AUTHORITY APPROVING ACQUISITION OF A CREDIT

CARD FOR CALIFORNIA CHOICE ENERGY AUTHORITY

BUSINESS PURPOSES
WHEREAS, the California Choice Energy Authority (“Authority”) is a joint exercise of powers authority created under the Joint Exercise of Powers Act (California Government Code Section 6500, et seq.) by that certain agreement dated August 14, 2012, and originally entitled “Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority (“JPA Agreement”); and
WHEREAS, the Authority changed its name to the “California Choice Energy Authority” via its adoption of the First Amendment to the JPA Agreement dated March 28, 2017 (“First Amendment”); and
WHEREAS, to improve operational efficiency, the Authority desires to acquire a credit card for Authority business purposes/

NOW, THEREFORE, THE BOARD OF THE CALIFORNIA CHOICE ENERGY AUTHORITY, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The Authority Members hereby authorize the acquisition of a credit card for business purposes.

Section 3. The Authority Treasurer is authorized to submit the credit card application.

Section 3. This resolution shall take effect immediately upon its adoption.

Resolution No. CCEA _______

Page 2 ends

PASSED, APPROVED, and ADOPTED this 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER, MMC R. REX PARRIS
Secretary Chair
California Choice Energy Authority California Choice Energy Authority

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CALIFORNIA CHOICE ENERGY AUTHORITY
I, ______________________, _________________________ City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. CCEA ______ for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF, on this _________ day of _________, ________.
(seal)
__________________________________

STAFF REPORT
Lancaster Successor Agency
SA CC 1
1/9/2024
JC
Date:January 9, 2024
To: Mayor Parris and City Council Members
From:George N. Harris II, Finance Director, City of Lancaster Subject:Successor Agency Administrative Budgets for the Periods July 1, 2024, to December 31, 2024, and January 1, 2025, to June 30, 2025.

Recommendation:

Adopt Resolution No. OB XX-24, approving the Successor Agency of the Former Redevelopment Agency to the City of Lancaster Administrative Budgets for the periods of July 1, 2024, to December 31, 2024, and January 1, 2025, to June 30, 2025, as detailed in Attachments A & B.

Fiscal Impact:

The expenditures listed in the attachment are to be paid from property tax distributions; note payments, other revenues, and loans from the City of Lancaster if needed.

Background:

Health and Safety Code Section 34177(j) requires successor agencies to adopt six-month budgets. These budgets are developed from the enforceable obligations listed on the Recognized Obligation Payment Schedule for the period July 1, 2024, to June 30, 2025.

Each budget recommended for approval covers the corresponding six-month period of July 1, 2024, to December 31, 2024, and January 1, 2025, to June 30, 2025.

Attachment:

Resolution No. SA XX-24
Attachments A & B
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Lancaster
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 309,878 $ 94,103 $ 403,981 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 309,878 94,103 403,981
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 13,528,019 $ 771,856 $ 14,299,875 F RPTTF 13,324,288 568,125 13,892,413
G Administrative RPTTF 203,731 203,731 407,462
H Current Period Enforceable Obligations (A+E) $ 13,837,897 $ 865,959 $ 14,703,856 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Lancaster
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$223,634,023 $14,703,856 $- $- $309,878 $13,324,288 $203,731 $13,837,897 $- $- $94,103 $568,125 $203,731 $865,959 42 CBD 2010 LEASE

REVENUE
BONDS
Fees 04/22/
2010
04/22/2035 US BANK TRUSTEE FEES -
LEASE
REVENUE 2010

BOND ISSUE
CBD 18,900 N $1,575 - - - - - $- - - - 1,575 - $1,575
45 HSG 2009 TAX

ALLOCATION
BONDS
Fees 08/19/
2009
08/19/2039 U S BANK TRUSTEE FEES -
HSG 2009
Residential 23,625 N $1,575 - - - 1,575 - $1,575 - - - - - $- 52 HSG 2003 TAX

ALLOCATION
BONDS
Fees 05/14/
2003
05/14/2033 U S BANK TRUSTEE FEES -
HSG 2003
Residential 14,175 N $1,575 - - - 1,575 - $1,575 - - - - - $- 85 LEASE PAYMENT
- CARDLOCK
Business
Incentive
Agreements
11/09/
2010
06/01/2032 GOLDEN STATE

PROCUREMENT

CO, INC

SUBLEASE OF
526 W MILLING
ST
CBD 10,000,000 N $1,250,000 - - - 700,000 - $700,000 - - - 550,000 - $550,000 87 BOND

ADMINISTRATION
Fees 02/03/
2009
12/07/2039 WILLDAN

FINANCIAL
CDIAC
REPORTING +

CONTINUING

DISCLOSURE
(ALL ISSUES)
Residential 220,600 N $16,000 - - - 5,750 - $5,750 - - - 10,250 - $10,250 94 SERAF LOAN

FROM LOW &

MODERATE

HOUSING FUND
SERAF/
ERAF
05/10/
2010
11/01/2030 LANCASTER

HOUSING

SUCCESSOR

REPAYMENT OF
5/10/10 SERAF

LOAN FROM

HOUSING TO ED
DUE 5/10/15
Residential 233,872 N $- - - - - - $- - - - - - $-
95 SERAF LOAN

FROM LOW &

MODERATE

HOUSING FUND
SERAF/
ERAF
05/10/
2011
11/01/2030 LANCASTER

HOUSING

SUCCESSOR

REPAYMENT OF
5/10/11 SERAF

LOAN FROM

HOUSING TO ED
DUE 5/10/16
Residential 3,598,805 N $- - - - - - $- - - - - - $-
177 SHERIFF
ESCROW

ADMINISTRATION
FEES
Fees 12/15/
2004
12/15/2023 BANK OF NEW
YORK

SHERIFF'S

BONDS ISSUE
ESCROW
Amargosa - N $- - - - - - $- - - - - - $-
219 CBD 2010 LEASE

REVENUE
BONDS
Bonds
Issued On or
Before 12/
31/10
04/22/
2010
04/22/2035 U S BANK DEBT SVC-CBD
2010 LEASE

REVENUE
BONDS
CBD 4,814,078 N $403,981 - - 309,878 - - $309,878 - - 94,103 - - $94,103 238 SHERIFF

FACILITIES BOND
Fees 12/15/
2004
12/15/2023 U S BANK TRUSTEE FEES-

CO SHERIFF
ALL - N $- - - - - - $- - - - - - $-
239 FIRE FACILITIES
BOND
Fees 12/15/
2004
12/15/2023 U S BANK TRUSTEE FEES-

CO FIRE
ALL - N $- - - - - - $- - - - - - $-
281 ARBITRAGE
REBATE

CALCULATIONS
(VARIOUS

ISSUES)
Fees 03/18/
2009
06/30/2039 N B S,

WILLDAN, OR
OTHER

PROVIDER

ARBITRAGE
REBATE

CALCULATIONS
(VARIOUS

ISSUES)
ALL 90,000 N $10,000 - - - 10,000 - $10,000 - - - - - $- 291 MOSQUITO Property 01/01/ 06/30/2044 A V MOSQUITO MOSQUITO VARIOUS 600 N $100 - - - 100 - $100 - - - - - $-

ABATEMENT

DISTRICT FEES
DUE ON

PROPERTY

OWNED BY

CRPTF/SA
Maintenance 2010 ABATEMENT

DISTRICT

ABATEMENT

DISTRICT FEES
DUE ON

PROPERTY

OWNED BY

CRPTF/SA
292 CO FIRE 2004

TAX ALLOCATION
BONDS
Bonds
Issued On or
Before 12/
31/10
12/22/
2004
12/01/2023 U S BANK DEBT SVC-CO
FIRE 2004 TAX

ALLOCATION
BONDS
ALL - N $- - - - - - $- - - - - - $-
293 CO SHERIFF
2004 TAX

ALLOCATION
BONDS
Bonds
Issued On or
Before 12/
31/10
12/22/
2004
12/01/2023 U S BANK DEBT SVC-CO
SHERIFF 2004
TAX

ALLOCATION
BONDS
ALL - N $- - - - - - $- - - - - - $-
295 2015 A & B

HOUSING

REFUNDING
BONDS
Refunding
Bonds
Issued After
6/27/12
03/01/
2015
08/01/2035 US BANK DEBT SVC-2015

A&B HOUSING

REFUNDING
BONDS
ALL 21,557,834 N $1,426,944 - - - 1,426,944 - $1,426,944 - - - - - $- 297 2015 A & B

HOUSING

REFUNDING
BONDS
Fees 03/01/
2015
08/01/2035 U S BANK TRUSTEE
FEES-2015 A & B

HOUSING

REFUNDING
COMBINED 18,900 N $1,575 - - - - - $- - - - 1,575 - $1,575 302 PROPERTY

MAINTENANCE

COSTS ON LAND

HELD BY THE
CRPTF
Property
Maintenance
01/01/
2016
01/01/2021 VARIOUS PROPERTY

MAINTENANCE

COSTS ON LAND

HELD BY THE
CRPTF
VARIOUS - N $- - - - - - $- - - - - - $-
304 PRE-

DISSOLUTION
LOAN #1 PER
RESO OB 23-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
12/28/
1994
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #1 PER
RESO OB 23-13
ALL 6,008,613 N $- - - - - - $- - - - - - $-
305 PRE-

DISSOLUTION
LOAN #2 PER
RESO OB 24-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
06/06/
1994
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #2 PER
RESO OB 24-13
ALL 2,626,178 N $- - - - - - $- - - - - - $-
306 PRE-

DISSOLUTION
LOAN #3 PER
RESO OB 25-13
City/County
Loan (Prior
06/28/11),
Other
06/06/
1994
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #3 PER
RESO OB 25-13
ALL 1,375,990 N $- - - - - - $- - - - - - $-
307 PRE-

DISSOLUTION
LOAN #4 PER
RESO OB 26-13
City/County
Loan (Prior
06/28/11),
Other
03/04/
1985
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #4 PER
RESO OB 26-13
ALL - N $- - - - - - $- - - - - - $-
308 PRE-

DISSOLUTION
LOAN #5 PER
RESO OB 27-13
City/County
Loan (Prior
06/28/11),
Other
06/06/
1994
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #5 PER
RESO OB 27-13
ALL 7,860,614 N $- - - - - - $- - - - - - $-

DISSOLUTION
LOAN #6 PER
RESO OB 28-13
City/County
Loan (Prior
06/28/11),
Other
05/15/
1995
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #6 PER
RESO OB 28-13
ALL 263,914 N $- - - - - - $- - - - - - $-
310 PRE-

DISSOLUTION
LOAN #7 PER
RESO OB 29-13
City/County
Loan (Prior
06/28/11),
Other
04/12/
1996
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #7 PER
RESO OB 29-13
ALL 893,288 N $- - - - - - $- - - - - - $-
311 PRE-

DISSOLUTION
LOAN #8 PER
RESO OB 30-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
04/12/
1996
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #8 PER
RESO OB 30-13
ALL 7,043,612 N $- - - - - - $- - - - - - $-
312 PRE-

DISSOLUTION
LOAN #9 PER
RESO OB 31-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
04/15/
1996
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #9 PER
RESO OB 31-13
ALL 562,746 N $- - - - - - $- - - - - - $-
313 PRE-

DISSOLUTION
LOAN #10 PER
RESO OB 32-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
05/15/
1995
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #10 PER
RESO OB 32-13
ALL - N $- - - - - - $- - - - - - $-
314 PRE-

DISSOLUTION
LOAN #11 PER
RESO OB 33-13
City/County
Loan (Prior
06/28/11),
Property
transaction
04/15/
1996
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #11 PER
RESO OB 33-13
ALL 102,372 N $- - - - - - $- - - - - - $-
315 PRE-

DISSOLUTION
LOAN #12 PER
RESO OB 34-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
04/15/
1996
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #12 PER
RESO OB 34-13
ALL 40,947 N $- - - - - - $- - - - - - $-
316 PRE-

DISSOLUTION
LOAN #13 PER
RESO OB 35-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
06/30/
1996
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #13 PER
RESO OB 35-13
ALL 16,643,000 N $- - - - - - $- - - - - - $-
317 PRE-

DISSOLUTION
LOAN #14 PER
RESO OB 36-13
City/County
Loan (Prior
06/28/11),
Property
transaction
06/30/
1997
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #14 PER
RESO OB 36-13
ALL 402,500 N $- - - - - - $- - - - - - $-
318 PRE-

DISSOLUTION
LOAN #15 PER
RESO OB 37-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
11/25/
1997
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #15 PER
RESO OB 37-13
ALL 1,177,931 N $- - - - - - $- - - - - - $-

DISSOLUTION
LOAN #16 PER
RESO OB 38-13
City/County
Loan (Prior
06/28/11),
Other
06/30/
1998
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #16 PER
RESO OB 38-13
ALL 1,978,000 N $- - - - - - $- - - - - - $-
320 PRE-

DISSOLUTION
LOAN #17 PER
RESO OB 39-13
City/County
Loan (Prior
06/28/11),
Property
transaction
04/18/
2000
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #17 PER
RESO OB 39-13
ALL 1,771,126 N $- - - - - - $- - - - - - $-
321 PRE-

DISSOLUTION
LOAN #18 PER
RESO OB 40-13
City/County
Loan (Prior
06/28/11),
Other
06/22/
2004
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #18 PER
RESO OB 40-13
ALL 1,063,068 N $- - - - - - $- - - - - - $-
322 PRE-

DISSOLUTION
LOAN #19 PER
RESO OB 41-13
City/County
Loan (Prior
06/28/11),
Property
transaction
06/30/
2002
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #19 PER
RESO OB 41-13
ALL 1,461,710 N $- - - - - - $- - - - - - $-
323 PRE-

DISSOLUTION
LOAN #20 PER
RESO OB 42-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
06/30/
2002
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #20 PER
RESO OB 42-13
ALL 1,293,496 N $- - - - - - $- - - - - - $-
324 PRE-

DISSOLUTION
LOAN #21 PER
RESO OB 43-13
City/County
Loan (Prior
06/28/11),
Property
transaction
06/30/
2002
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #21 PER
RESO OB 43-13
ALL 777,595 N $- - - - - - $- - - - - - $-
325 PRE-

DISSOLUTION
LOAN #22 PER
RESO OB 44-13
City/County
Loan (Prior
06/28/11),
3rd party
agmt-
infrastructure
06/30/
2004
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #22 PER
RESO OB 44-13
ALL 924,000 N $- - - - - - $- - - - - - $-
326 PRE-

DISSOLUTION
LOAN #23 PER
RESO OB 45-13
City/County
Loan (Prior
06/28/11),
Property
transaction
06/22/
2004
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #23 PER
RESO OB 45-13
ALL 981,500 N $- - - - - - $- - - - - - $-
327 PRE-

DISSOLUTION
LOAN #24 PER
RESO OB 46-13
City/County
Loan (Prior
06/28/11),
Other
06/30/
2011
12/31/2043 CITY OF

LANCASTER
PRE-

DISSOLUTION
LOAN #24 PER
RESO OB 46-13
ALL 10,860 N $- - - - - - $- - - - - - $-
334 2016 A-1 & A-2

TAX ALLOCATION

REFUNDING

BONDS (NON-

HOUSING)
Refunding
Bonds
Issued After
6/27/12
02/01/
2016
08/01/2038 US BANK DEBT
SERVICE-2016
A-1 & A-2 TAX

ALLOCATION

REFUNDING

BONDS (NON-

HOUSING)
COMBINED 51,397,481 N $4,602,313 - - - 4,602,313 - $4,602,313 - - - - - $-

TAX ALLOCATION

REFUNDING
BONDS
(SCHOOLS)
Refunding
Bonds
Issued After
6/27/12
02/01/
2016
08/01/2037 US BANK 2016B TAX

ALLOCATION

REFUNDING
BONDS
(SCHOOLS)
COMBINED 15,067,256 N $1,248,606 - - - 1,248,606 - $1,248,606 - - - - - $- 336 2016 A-1 & A-2

TAX ALLOCATION

REFUNDING

BONDS (NON-

HOUSING)
Fees 02/01/
2016
08/01/2038 U S BANK TRUSTEE
FEES-2016 A-1 &
A-2
COMBINED 23,625 N $1,575 - - - - - $- - - - 1,575 - $1,575 337 2016 B-1 & B-2

TAX ALLOCATION

REFUNDING
BONDS
(SCHOOLS)
Fees 02/01/
2016
08/01/2037 U S BANK TRUSTEE
FEES-2016 B-1 &
B-2
COMBINED 20,475 N $1,575 - - - - - $- - - - 1,575 - $1,575 343 2017 A & B

HOUSING

REFUNDING
BONDS
Refunding
Bonds
Issued After
6/27/12
03/31/
2017
08/01/2039 U S BANK DEBT SVC-2017

A & B HOUSING

REFUNDING
BONDS
COMBINED 60,838,075 N $5,327,425 - - - 5,327,425 - $5,327,425 - - - - - $- 344 2017 A & B

HOUSING

REFUNDING
BONDS
Fees 03/31/
2017
08/01/2039 U S BANK TRUSTEE
FEES-2017 A & B

HOUSING

REFUNDING
BONDS
COMBINED 25,200 N $1,575 - - - - - $- - - - 1,575 - $1,575 350 ADMINISTRATIVE

EXPENSES, JULY
2020- JUNE 2021
Admin Costs 07/01/
2020
06/30/2021 CITY OF

LANCASTER

ADMINISTRATIVE

EXPENSES JULY
2020 - JUNE 2021
ALL 407,462 N $407,462 - - - - 203,731 $203,731 - - - - 203,731 $203,731 Lancaster
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
42 45
52 85
87 94
95 177
219
238
239
281
291
292
293
295
297
302
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
Lancaster
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
319
320
321
322
323
324
325
326
327
334
335
336
337
343
344
350
CC 2

01/09/24

Tuesday, December 12, 2023

CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/Successor Agency/ Financing/Housing Power/California Choice Energy Authority to order at 5:09 p.m.

ROLL CALL
PRESENT: City Council Members /Agency Directors /Authority Members: Hughes -Leslie, Malhi, Mann; Vice Mayor/Vice Chair Crist, Mayor/Chairman Parris

ROLL CALL
PRESENT: Housing Authority Members: Malhi, Mann, Vice Chairman Crist, Chairman Szeto

ABESENT: Housing Authority Member Harvey

STAFF MEMBERS:

City Manager/ Executive Director; Assistant City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; Assistant to the City Manager; City Clerk/Agency/Authority Secretary; Director -Public Works; Director -Community Development; Director -Parks, Recreation, Arts, & Community Services; Director -Finance & Technology; Chief of Police/Director of Public Safety

INVOCATION
Chris Johnson, Grace Chapel

PLEDGE OF ALLEGIANCE
Vice Mayor Crist

PRESENTATION

1. Fire Station 33 Recognition
Presented by: Jason Caudle, City Manager

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

2 HA CC 1. HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW-

AND-MODERATE INCOME HOUSING ASSET FUND

On a motion by Vice Chair Crist and seconded by Housing Authority Member Mann, the Lancaster Housing Authority a uthorized submittal of the Housing Successor 2022- 2023 Annual Report to the California Department of Housing and Community Development, by the following vote: 4-0-0-1; AYES: Malhi, Mann, Crist, Szeto; NOES: None; ABSTAIN:

None; ABSENT: Harvey

JCC 1. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT WITH RAVELLO HOLDINGS, INC.

On a motion by Vice Chair Crist and seconded by Housing Authority Member Malhi the Lancaster Housing Authority approved (1) a First Amendment to the Disposition and Development Agreement with Ravello Holdings, Inc. for the sale and subsequent development vacant parcels between Whit Carter Park and Avenue H and south of Avenue H-8 between Sierra Highway and Cedar Avenue (3135-001-900-919, 3135-005- 901, -904-914, 3135-006-900, -901, -903, -905-923, 3135-025-986, -987) (2) Authorized the City Manager, or his designee, to negotiate, finalize, and execute (i) a First Amendment to the Disposition and Development Agreement in a form to be approved by the City Attorney; and (ii) all documents necessary or appropriate to complete the transaction by the following vote: 4-0-0-1; AYES: Malhi, Mann, Crist, Szeto; NOES: None; ABSTAIN: None; ABSENT: Harvey

On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved (1) a First Amendment to the Disposition and Development Agreement with Ravello Holdings, Inc. for the sale and subsequent development vacant parcels between Whit Carter Park and Avenue H and south of Avenue H-8 between Sierra Highway and Cedar Avenue (3135-001-900-919, 3135-005-901, -904-914, 3135- 006-900, -901, -903, -905-923, 3135-025-986, -987) (2) Authorized the City Manager, or his designee, to negotiate, finalize, and execute (i) a First Amendment to the Disposition and Development Agreement in a form to be approved by the City Attorney; and (ii) all documents necessary or appropriate to complete the transaction by the following vote: 5-0-0-0: AYES: Hughes-Leslie; Malhi, Mann, Crist, Parris; NOES:

None; ABSTAIN: None; ABSENT: None.

JPH1. ROAD EASEMENT ACCEPTANCE FOR APN 3123-015-908 (15TH STREET WEST)
Council Members Malhi. Mann and Mayor Parris stated that they have a conflict due to a property interest within proximity to the project. Council Member Malhi remains and is able to vote under the Rule of Necessity.

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

3 Council Member Mann and Mayor Parris left the dais at this time.

Vice Mayor Crist opened the public hearing on behalf of Council.

Chair Szeto opened the public hearing on behalf of the Lancaster Housing Authority.

The City Council and Lancaster Housing Authority waived the staff report on this item seeing that there aren’t any public comments on this item.

Vice Mayor Crist closed the public hearing on behalf of Council.

Chair Szeto closed the public haring on behalf of the Lancaster Housing Authority.

On a motion by Vice Chair Crist and seconded by Housing Authority Member Malhi the Lancaster Housing Authority (1) adopted Resolution No. HA 5-23, granting Road Easement for APN 3123-015-908, for 15th Street West, to the City of Lancaster (2) authorized the Executive Director, or his designee to execute all related documents, by the following vote 3-0-1-1; AYES: Malhi, Crist, Szeto; NOES: None; ABSTAIN: Mann; ABSENT: Harvey

On a motion by Vice Mayor and seconded by Council Member Malhi, the City Council (1) adopted Resolution No. 23-69 accepting Road Easement for APN 3123-015-908, for 15th Street West (2) authorized the City Manager or his designee to execute all related documents, by the following vote: 3-0-2-0; AYES: Hughes-Leslie, Malhi, Crist; NOES:

None; ABSTAIN: Mann, Parris; ABSENT: None

Council Member Mann and Mayor Parris returned to the dais at this time.

CONSENT CALENDAR

On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved the Consent Calendar as comprised, by the following vote: 5- 0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

4 CC 1. ORDINANCE WAIVER
Waived further reading of any proposed ordinance. (This permit reading the title only in lieu of reciting the entire text.)

CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/Power/California Choice Energy Authority Regular Meeting Minutes of November 14, 2023.

CC 3. CHECK REGISTERS – SEPTEMBER 24, 2023, THROUGH OCTOBER 7, 2023 Approved the Check and Wire Registers for November 7, 2023, through December 2, 2023, in the amount of $9,259,810.09 as presented.

CC 4. MONTHLY REPORTS OF INVESTMENTS – OCTOBER 2023.

Accepted and approved the October 2023 Monthly Report of Investments as submitted.

CC 5. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 40-159 (04-215) INTO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40,

ANTELOPE VALLEY
Adopted the Tax Sharing Resolution for proposed Annexation No. 40-159 (04-215) into Los Angeles County Waterworks District No. 40, Antelope Valley. Directed the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

CC 6. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 40-160 (04-216) INTO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40,

ANTELOPE VALLEY
Adopted the Tax Sharing Resolution for proposed Annexation No. 40-160 (04-216) into Los Angeles County Waterworks District No. 40, Antelope Valley. Directed the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

CC 7. DESIGNATING CITY OFFICIALS AUTHORIZED TO FILE APPLICATION(S)

TO THE DEPARTMENT OF JUSTICE TO OBTAIN FINANCIAL ASSISTANCE Adopted Resolution No. 23-70, designating those officials authorized to file the application (s) to the Department of Justice to obtain certain state financial assistance.

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

5 CC 8. NEW CATERPILLAR INC. MODEL: 930 WHEEL LOADER
Approved the purchase of one (1) new Caterpillar Inc. Model: 930 Wheel Loader, utilizing the Sourcewell Cooperative Purchasing Contract awarded to Quinn Cat.

CC 9. ON-CALL AUTOMOTIVE FUEL DELIVERY FOR TRANSPORTATION

SERVICES

1. Approved a not to exceed $316,459.00 combined expenditure authority with Mansfield Energy Corp., TACenergy (Truman Arnold Company), LLC, and Pinnacle Petroleum, Inc., utilizing OMNIA Partners Cooperative Purchasing Contracts.

2. Authorized the City Manager, or his designee, to sign all documents.

CC 10. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 22-010 – LANCASTER PERFORMING ARTS CENTER (LPAC) IMPROVEMENTS
Accepted the work constructed by Blessedco Electric, Inc., for Public Works Construction Project No. 22-010, Lancaster Performing Arts Center (LPAC) Improvements and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with the

CC 11. ANTELOPE VALLEY COLLEGE: CAMPUS INFRASTRUCTURE PHASE 1, AVENUE J-12 AND 30TH STREET WEST INTERSECTION BID #AVC2019/2020-20 –

ACCEPTANCE OF IMPROVEMENTS (STREETS)
Approved the developer-constructed streets on the following project. In addition, accepted the streets for maintenance by the City and for public use.

Project Location/Owner Campus Infrastructure Phase 1, Avenue J-12 and 30th Street West Avenue J-12 and 30th Street Owner: Antelope Valley Community College District
Intersection Bid #AVC2019/2020-20

CC 12. AWARD OF BID – PWCP 23-027 – PUBLIC SAFETY BUILDING IMPROVEMENTS PHASE 1

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

6 1. Awarded PWCP 23-027, Public Safety Building Improvements Phase I, to Toneman Development Corporation, in the amount of $447,796.68, plus a 20% contingency, to remove existing landscaping, installation of security fencing with pedestrian gate and vehicular drive gates, and installation of a fiber extension at the Public Safety Building.

Authorized the City Manager, or his designee, to sign all documents. This contract was negotiated and is awarded in accordance with California Public Contract Code Section 22038(c).

2. Found that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on September 15, 2023.

CC 13. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 22-009 -

MOAH HVAC IMPROVEMENTS
Accepted the work constructed by Circulating Air, Inc., for Public Works Construction Project No. 22-009, MOAH HVAC Improvements, and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract
CC 14. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-023 – 2021

LANDSCAPE RESTORATION PROGRAM
Accepted the work constructed by Marina Landscape, Inc., for Public Works Construction Project No. 21-023, 2021 Landscape Restoration Program, and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).

CC 15. RENTAL AGREEMENT WITH CLEAN WATER VENTURES, INC.

1. Approved the Rental Agreement with Clean Water Ventures, Inc. for three industrial parcels near Avenue I and Division Street.

2. Authorized the City Manager, or his designee, to execute the Rental Agreement in substantially the form presented, subject to non-substantive changes approved by the City Manager and City Attorney.

CC 16. AWARD OF PROJECT: 2023 ROOFING IMPROVEMENTS – CITY OF

LANCASTER AT BUILDING

1. Awarded 22023 Roofing Improvements-City of Lancaster AT Building to Best Contracting Services, INC., of the City of Gardena, California, in the amount of $199,101.41, base quote, plus a 15% contingency, to remove and replace the roof of the AT Building at the City of Lancaster Public Works Maintenance Yard.

2. Authorized the City Manager or his designee to sign all documents.

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

7 CC 17. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 14-439 INTO LOS ANGELES COUNTY SANITATION DISTRICT NO. 14
a. Adopted the Tax Sharing Resolution for proposed Annexation No. 14-439 into Los Angeles County Sanitation District No. 14
b. Directed the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

CC 18. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 14-442 INTO LOS ANGELES COUNTY SANITATION DISTRICT NO. 14
a. Adopted the Tax Sharing Resolution for proposed Annexation No. 14-442 into Los Angeles County Sanitation District No. 14
b. Directed the City Clerk to route three copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

CC 19. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 14-443 INTO LOS ANGELES COUNTY SANITATION DISTRICT NO. 14
a. Adopted the Tax Sharing Resolution for proposed Annexation No. 14-443 into Los Angeles County Sanitation District No. 14

b. Directed the City Clerk to route three copies of the tax sharing resolution to the City Attorney and the Mayor for wet signatures.

CC 20. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 14-444 INTO LOS ANGELES COUNTY SANITATION DISTRICT NO. 14
a. Adopted the Tax Sharing Resolution for proposed Annexation No. 14-444 into Los Angeles County Sanitation District No. 14
b. Directed the City Clerk to route three copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

CC 21. RESOLUTION TO AUTHORIZE SUBMITTAL OF APPLICATION FOR CALIFORNIA NATURAL RESOURCES AGENCY URBAN GREENING PROGRAM –

EL DORADO PARK
CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

8 Adopted Resolution No. 23-71 approving the application for the California Natural Resources Agency Urban Greening Program.

CC 22. RESOLUTION TO AUTHORIZE SUBMITTAL OF APPLICATION FOR CALIFORNIA NATURAL RESOURCES AGENCY URBAN GREENING PROGRAM –

AVENUE J NEIGHBORHOOD PARK
Adopted Resolution No. 23-72, approving the application for the California Natural Resources Agency Urban Greening Program.

CC 23. APPROVAL OF MULTI-YEAR PROFESSIONAL SERVICE AGREEMENT Approved Multi-Year Professional Service Agreement with Turbo Data Systems, Inc. and authorized the City Manager, or his designee, to execute all task orders.

CC 24. MEASURE A MAINTENANCE AND SERVICING (M&S) FY23/24 BUDGET

AMENDMENT

1. Amended the FY23/24 budget to appropriate Measure A, Maintenance and Servicing (M&S) funds, in the amount of $300,000 to the expenditure account MSRAMS.MISCGRANT/ GL21060000.5656.

2. Established revenue account MSRAMS.MEASURE A/ GL21062200.4998 in the amount of $300,000.

CC 25. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR

ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LANCASTER MUNICIPAL STADIUM RENOVATIONS (REFERENCE PWCP 24-014)

1. Approved a Professional Services Agreement with NBBJ, LP, to provide Architectural and Engineering (A&E) Design Services for Lancaster Municipal Stadium Renovations in the amount of $1,630,180.00 plus a 10% contingency; and authorized the City Manager, or his designee, to sign all documents.

2. Approved an appropriation of $1,793,198.00 from Fund Balance into project string CP11BS046.CONST, GL Account 10149900.8000, for the Lancaster Municipal Stadium Renovations.

CC 26. AMENDMENT TO THE ADOPTED BUDGET AND CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023-2024.

Adopted Resolution No. 23-73, authorizing an amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024.

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

9 PH 1. SUBSTANTIAL AMENDMENT TO THE CITY’S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) 2020 -24 FIVE -YEAR CONSOLIDATED PLAN AND 2021-22, 2022-23 AND 2023-2024 ACTION PLANS
Mayor Parris opened the public hearing.

The City Council waived the staff report seeing that there aren’t any public comments.

Mayor Parris closed the public hearing.

On a motion by Vice Mayor Crist and seconded by Council Member Hughes-Leslie, the City Council approved item number PH 1 as comprised, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None

Approved Recommendations:
a. Conducted a public hearing and upon accepting public testimony; b. Approved the Substantial Amendment to the Community Development Block Grant (CDBG) 2020- 2024 Five -Year Consolidated Plan (Consolidated Plan) and 2021-22, 2022-23, and 2023-24 Annual Action Plans (Action Plans) to allow for the inclusion of one (1) new objective, the cancelation of three funded activities, and the reprogramming of funds to the Mariposa Park Project and the Acquisition / Rehabilitation Program for Underserved populations and:
c. Authorized the City Manager, or designee, to execute and transmit all necessary contracts and associated documents, including the Substantial Amendment to the Consolidated Plan and Action Plans, and any additional amendments, to ensure the City’s timely expenditure of CDBG funds.

PH 2. GENERAL PLAN AMENDMENT NO. 17-007/ZONE CHANGE NO. 17-006 Mayor Parris opened the public hearing.

Jocelyn Swain, Senior Planner -Community Development presented the staff report on this item.

Allison Burns, City Attorney announced receipt of written comments on this item in which copies for public review and City Council review.

Addressing the Council at this time:

Lance Brough-spoke in opposition of this item.

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

10 Mayor Parris directed staff to meet with Mr. Brough to further discuss potential solutions.

Mayor Parris closed the public hearing.

On a motion by Vice Mayor Crist and seconded by Council Member Hughes-Leslie, the City Council approved item number PH 2 as comprised, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None

Approved Recommendations:

1. Adopt ed Resolution No. 23-74, approving General Plan Amendment No. 17-007, amending the General Plan land use designation from Non- Urban Residential (NU) to Light Industrial (LI) for 160 acres of land located on the south side of Avenue H between 50 th Street West and 55 th Street West (APNs 3269 -011-015, 3269-011-007)

2. Introduced Ordinance 1110, amending the City zoning plan for approximately 160 acres of land located south of Avenue H between 50 th Street West and 55 th Street West (APNs 3269-011-015, 3269-011-007), known as Zone Change No. 17-006, from RR-

2.5 (Rural Residential, minimum lot size 2.5 acres) to LI (Light Industrial).

PH 3. GENERAL PLAN AMENDMENT NO. 23-001/ZONE CHANGE NO. 23-001 Mayor Parris opened the public hearing.

Vice Mayor Crist announced receipt of written comments regarding this item.

Jocelyn Swain, Senior Planner -Community Development presented the staff report on this item.

Mayor Parris closed the public hearing.

On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council approved item number PH 3 as comprised by the following vote: 5-0-0-0; AYES:

Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:

None

Approved Recommendations:

1. Adopt ed Resolution No. 23-75, approving General Plan Amendment No. 23-001, amending the General Plan land use designation from a mix of Multi-Residential (MR1) and Open Space (O) to MR1 for 45 acres on the west side of Sierra Highway between Avenue H and Avenue H-8 (APNs 3135-001-903 thru 3135-001-918) CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

11 2) Introduced Ordinance No. 1111, amending the City zoning plan for approximately 45 acres of land located on the west side of Sierra Highway between Avenue H and Avenue H-8 (APNs 3135-001-903 thru 3135-001-918), known as Zone Change No. 23- 001, from a mix of MDR (Moderate Density Residential) and PK ( Park) to MDR. by the following vote: 5-0-0- 0; AYES: Hughes -Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None

NB 1. ADDING CHAPTER 12.28 TO THE LANCASTER MUNICIPAL CODE

RELATING TO PROTECTION OF CRITICAL INFRASTRUCTURE / WILDFIRE RISK AREAS, AND AMENDING CHAPTER 12.04 - PARKS AND PUBLIC SPACES

Rod Armalin, Chief of Police and Sonya Patterson, Director -Parks, Arts, Recreation, & Community Services presented the staff report on this item.

On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council 1) Introduced Ordinance No. 1112, adding Chapter 12.28 to the Lancaster Municipal Code relating to the Protection of Critical Infrastructure and Wildfire Risk Areas; and 2) Introduced Ordinance No. 1113, amending Chapter 12.04 – Parks and Public Places Rules and Regulations, by the following vote: 5-0-0- 0; AYES: Hughes- Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None

NB 2. AWARD OF DESIGN- BUILD SERVICES – PUBLIC WORKS CONSTRUCTION PROJECT NO. 24-013, PUBLIC SAFETY BUILDING RENOVATION

The City Council waived the staff report seeing that there aren’t any public comments.

On a motion by Vice Mayor Crist and seconded by Council Member Mann, the. City approved Item Number NB 1 as comprised, by the following vote: 5-0-0-0; AYES:

Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:

None

Approved Recommendations:

1. Awarded a Design-Build professional services agreement to Bowe Contractors, Inc., of Tehachapi, CA, in the amount of $3,916,319.00 plus a 10% contingency, for Public Works Construction Project No. 24-013 Public Safety Building Renovation to design and construct renovation improvements. Authorized the City Manager, or his designee, to sign all documents. The design-build entity selection process was made in accordance with Chapter 4 of the Public Contract Code, as applicable, and negotiated in accordance with California Public Contract Code Section 22038(c).

2. Found that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on September 15, 2023.

3. Approved an appropriation of $3,000,000.00 from Fund Balance into project string CP14BS001.CONST from GL Code 10149900.8000.

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

12 CA 1. CONSIDERATION OF REAPPOINTMENT TO VARIOUS COMMISSIONS AND BOARDS AS REFLECTED ON MADDY ACT DRAFT.

Mayor Parris announced that all Commissioners will receive a letter thanking them for their service. All interested Commissioners should fill out the Commission application to reapply.

CR1. COUNCIL REPORTS

Vice Mayor Crist reported on the Los Angeles County Sheriff’s Department Christmas party.

Council Member Mann reported on the Christmas parade.

Staff provided a video recap of the Christmas parade.

Council Member Hughes-Leslie reported on the Metrolink Board meeting and discussing concern for safety. Council Member Hughes-Leslie also reported on the Magical Boulevard.

Staff provided a video recap of the Magical Boulevard.

CALIFORNIA CHOICE ENERGY AUTHORITY
No action required at this time.

LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER AUTHORITY
No action required at this time.

LANCASTER SUCCESSOR AGENCY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

Jason Caudle, City Manager discussed staff participation in the Movers & Shakers Club for senior walking.

Staff provided a video recap regarding the Movers & Shakers Club.

The City Manager also discussed the upcoming Justice Sunday event scheduled on January 14, 2024. The City Manager also discussed the Lancaster Community Center events; Sensory CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

13 Perception event at the Museum of Art and History (MOAH) museum, and the Lancaster Performing Arts Center wrapped up season.

The City Manager also introduced the new Assistant Director of the Parks, Arts, Recreation, and Community Services.

Mayor Parris discussed issues with incident at Lancaster convenience store.

Staff provided a video surveillance of assault incident at a Lancaster convenience store.

CITY CLERK /AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS

Addressing the City Council at this time:

Minister Thomas D. -discussed issues with individuals at neighboring rental property.

Curtis Richards- discussed issues with neighbor’s barking dog.

Vincent Midgley-discussed issues with soccer field use and conditions.

Fran Sereseres- thanked City Council for addressing issues at Cedar Town Square.

David Paul- discussed various issues.

CITY COUNCIL/AGENCY/AUTHORITY COMMENTS

No comments at this time.

ADJOURNMENT
Mayor Parris stated the City Council meeting will be adjourned in memory of Cynthia Campana, a dedicated and passionate member of our Community Development Department, worked tirelessly to better the lives of all in Lancaster. Her warmth, kindness, and unwavering commitment to public service made her a treasured colleague and friend to many. Cynthia's passing is not just a loss for her family but for our entire community.

We also remember Deputy Michael Kuper, a celebrated City Liaison Deputy and a military veteran, who was honored with a Key to the City for his extraordinary service. Deputy Kuper's dedication to Lancaster and its citizens exemplified the highest ideals of public service. His CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

14 passing is a profound loss, and he leaves behind a legacy of honor and commitment that will continue to inspire us.

As we adjourn this Council meeting, let us do so in memory of Cynthia and Deputy Kuper, carrying forward their dedication and spirit in our ongoing service to this city. Our thoughts and heartfelt condolences go out to their families, friends, and all who knew them.

Mayor/Chair Parris adjourned the meeting at 6:40 p.m. Mayor Parris stated tha t the next City Council/Successor Agency/Financing/ Housing/Power/California Choice Energy Authority meeting will be held on Tuesday, January 9, 2024 at 5:00 p.m.

PASSED, APPROVED and ADOPTED this 9
th day of January, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS

CITY CLERK MAYOR/CHAIRMAN

CC/SA/FA/HA/PA/CCEA Minutes-12/12/2023

15 STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF LANCASTER }

CERTIFICATION OF MINUTES

CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/HOUSING/ POWER/CALIFORNIA

CHOICE ENERGY AUTHORITY

I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby ce rtify that this is a true and correct copy of the original City Council/Successor Agency/ Financing/ Power/California Choice Energy Authority Minutes, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________.

(seal)

_____________________________________

STAFF REPORT
City of Lancaster
CC 3
1/9/2024
JC
Date: January 9, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Livingston, Manager – PW City Engineering
Subject: Acceptance of Public Works Construction Project No. - PWCP 22-003 - 2022 Spring Pavement Management Program
Recommendation:

Accept the work constructed by Sully-Miller Contracting Company, for Public Works Construction Project (PWCP) No. 22-003, 2022 Spring Pavement Management Program, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).

Fiscal Impact:
$4,361,877.24 (including 10% contingency) was awarded based on the original contract. There were four (4) Contract Change Orders for this project totaling ($172,611.24), which brought the contract cost from $3,915,604.15 to $3,742,992.91. Sufficient funds were available in Capital Improvements Budget Account numbers CP12ST047-CONST, GL Accounts 22049900.8000, 21249900.8000 and 53049900.8000.

Background:

The proposed project was the tenth and final project funded, in part, with road bond funds in addition to Proposition C funds and Measure R Local Return funds.

The proposed project included the following project areas with approximately thirteen (13) lane- miles of roadway repair and rehabilitation within the Lancaster Business Park and various locations of signing and striping.

The project included the following areas:
1 4
8 0
•Area within the Lancaster Business Park neighborhood bound by the following streets:

Sierra Highway to 5th Street East, and Avenue K to Avenue L, excluding Avenue K-4, Avenue K-8, and Business Center Parkway;
•Avenue J (Division Street to 2nd Street East);
•Avenue K (7th Street East to 8th Street East);
•Avenue J-8 (15th Street West to 13th Street West);
•Avenue I (7th Street East to Challenger Way);
•Avenue L (8th Street West to Sierra Highway);
•20th Street West (Arbuckle Way to Avenue I);
•Division Street (Avenue K to Avenue K-4);
•Challenger Way (Avenue I to Kettering Street);
•Sierra Highway (Avenue J-2 to Avenue L-12);
•Avenue K (Blossom Drive to 45th Street West); and
•Additive Alternate 1 (AA1) – Avenue K-4 (Division Street to 5th Street East) •Additive Alternate 2 (AA2) – Avenue K-8 (Division Street to 5th Street East).

As part of this project, bike lanes were striped at two (2) intersections that currently did not have the capacity to detect bicycles. In order to provide the safest and most efficient user experience to the cyclists, it was important that the City upgraded the video detection systems at these intersections. On February 10, 2022, Finance approved a Sole Source/Standardization Purchase Request of Iteris Next Video Detection Systems for use at these intersections.

Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 22-003 contract documents were prepared, and the project was advertised accordingly. Per Section 2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

Construction of the project has been completed to the satisfaction of the Director of Public Works.

The project was substantially completed on December 15, 2022, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.

The total contract cost is $3,742,992.91.

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Attachment:

Notice of Completion

RECORDING REQUESTED BY:

CITY OF LANCASTER

WHEN RECORDED MAIL TO:

CITY OF LANCASTER

CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534

SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK

NOTICE IS HEREBY GIVEN:

1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:

Public Works Construction Project No. 22-003 – 2022 Spring Pavement Management Program

2. The address of said owner is 44933 North Fern Avenue, Lancaster, California 93534.

3. The location of said public improvement is as follows: PWCP 22-003 – 2022 Spring Pavement Management Program.

See Exhibit ‘A’ attached hereto and made a part hereof.

4. On April 6, 2022, a contract was entered into with Sully-Miller Contracting Company for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.

5. The work was completed on December 15, 2022, by said company according to the plans and specifications and to the satisfaction of the Director of Public Works, and was accepted by the City on January 9, 2024. That upon said contract Liberty Mutual Insurance Company/Berkshire Hathaway Specialty Insurance was surety for the bond given by the said company as required by law.

ATTEST:

ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__

CITY OF LANCASTER

BY:

MARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

DATE SIGNATURE

PLACE OF EXECUTION

‘EXHIBIT A’

STAFF REPORT
City of Lancaster
CC 4
1/9/2024
JC
Date: January 9, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Stephen Carrillo, Senior Engineer – PW City Engineering Subject: CUP 16-08 - Acceptance of Improvements (Recycled Water) Recommendation:

Approve the following developer-installed recycled water system, and accept the recycled water system for maintenance by the City and for public use:

Project No. Location/Owner
Conditional Use Permit No. 16-08 Southeast Corner Avenue K and Division Street Owner: Circle K Stores, Inc.

Fiscal Impact:

Estimated value of Capital assets is $6,100.00.

Background:

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

SC:TL/km
Attachment:

Vicinity Map

CUP 16-08

STAFF REPORT
City of Lancaster
CC 5
1/9/2024
JC
Date: January 9, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Stephen Carrillo, Senior Engineer – PW City Engineering Subject: CUP 16-08 - Acceptance of Improvements (Streets) Recommendation:

Approve the developer-constructed streets on the following project. In addition, accept the streets for maintenance by the City and for public use.

Project Location/Owner
Conditional Use Permit No. 16-08 Southeast corner Avenue K and Division Street Owner: Circle K Stores, Inc
Fiscal Impact:

Estimated value of Capital assets accepted is $93,360.86.

Background:

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

SC:TL/km
Attachment:

Vicinity Map

CUP 16-08

STAFF REPORT
City of Lancaster
CC 6
1/9/2024
JC
Date:January 9, 2024
To: Mayor Parris and City Council Members
From:Marissa Diaz, Director – Public Works
Michael Livingston, Manager – PW City Engineering
Subject:Approval of Multi-Year Professional Service Agreements for Public Works Inspections Services
Recommendation:

Approve Multi-Year Professional Service Agreements with each of the pre-qualified consulting firms, and authorize the City Manager, or his designee, to execute all task orders within existing signature authority limits.

Fiscal Impact:

Varies by project; source of funding: Capital Improvement Program and Operating Budget.

Background:

In November 2023, the City advertised a Request for Qualifications (RFQ 806-24) for Multi-Year Public Works Inspection Services for the term of January 2024 to June 2027 from professional consulting firms to support the Capital Improvement Program and departmental operations. The RFQ included one (1) major service category for which professional service firms were being sought. Firms that provide services were encouraged to submit a Statement of Qualifications (SOQ) and a Proposal. The RFQ was listed on the City’s online bidding services: Planet Bids and Public Purchase.

Seven (7) firms submitted proposals on December 1, 2023. A selection committee consisting of three (3) members reviewed and assessed the submittals. All qualified firms have been placed on a short-list from which inspections services will be utilized on an as needed basis.

The firms on the attached list are recommended to be pre-qualified service providers until June 2027. The Multi-Year Agreement will permit City staff to issue task orders for individual projects.

This process will expedite the completion of Council approved projects. 1 4
8 4
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Attachment:

List of Pre-Qualified Firms
Sample Agreement
Multi-Year Professional Service RFQ 806-24
Pre-Qualified List of Consultants
January 2024 to June 2027

Public Works Inspection Services – Staff Augmentation

• EC & AM Associates
• MNS Engineers, Incorporated
• Onward Engineering
• RMA Group
• Transtech Engineers, Incorporated
• Wildan Engineering
• Z & K Consultants Incorporated

APPENDIX A

SAMPLE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

THIS AGREEMENT FOR CONSULTING SERVICES (this “AGREEMENT”) is made and entered into this _____ day of _____________, 20___, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and _______________________, (the “CONSULTANT”).

RECITALS

WHEREAS, OWNER desires to engage CONSULTANT to perform certain technical and professional services, as provided herein, identified as:

PUBLIC WORKS INSPECTION SERVICES – STAFF AUGMENTATION
RFQ&P 806-24

WHEREAS, the principal members of CONSULTANT are qualified and duly registered/licensed under the laws of the State of California, and CONSULTANT desires to accept such engagement;

NOW, THEREFORE, the parties agree as follows:

1. Parties to the AGREEMENT.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster

B. CONSULTANT: (Company N ame)

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.

OWNER Public Works Director
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534

CONSULTANT (Name)
(Company Name)
(Address)
(City, State Zip)

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.

4. Incorporation by Reference. The Request for Qualifications /Proposal – RFQ&P 806-24 Public Works Inspection Services , all executed Task Orders, and CONSULTANT’S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONSULTANT agrees to comply with all of the requirements set forth therein.

5. Precedence of AGREEMENT Documents. If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT consisting of ___ pages
Second: All executed Task Orders
Third: Request for Qual ifications and Proposal – RFQ&P 806-24 Public Works Inspection Services

6. Description of Work . OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services from time to time as requested by Owner, in writing and accepted by consultant pursuant to a Task Order issued under this Agreeme nt.

CONSULTANT shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in each Task Order. The Public Works Director or their 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 Public Works Director, or their designee.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONSULTANT for all work and services associated with each assignment shall be specified in the Task Order in accordance with the Rate Schedule described in Exhibit “A”.

B. No payment made hereunder by OWNER to CONSULTANT, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this AGREEMENT.

8. Obligations of the CONSULTANT.

A. CONSULTANT shall perform as requir ed by this AGREEMENT. CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

B. CONSULTANT shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

9. Senate Bill 854. SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond- funded and other specified public works projects. The Department of Industrial Relations (DIR) requires all contractors and subcontractors who bid or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects. The requirement to list only registered contractors and subcontractors on bids became effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015. This project shall comply with the requirement of SB 854.

Coverage is not limited only to work performed at the construction site by the traditional construction trades, but extends broadly to workers employed “in the execution of” the public works contract.

Survey and Geotechnical Services will only need to register if the scope of services provided would require the payment of prevailing wage and be considered to be covered under the California Labor Code. Even though survey and geotechnical services typically are viewed as consultants and generally do not necessarily fit the term “contractor,” compliance with section SB 854 will be required by the Department of Industrial Relations ("DIR").

Essentially, if the services provided by a survey or geotechnical services firm would be considered to be covered under the applicable California Labor Code sections, then they should register. It should be noted that only the firm needs to register and not individual licensed design professional(s).

Attention is directed to the revisions to Labor Code Section 4. 1725.5 and Section 5. 1771.1:

A. SECTION 4 1725.5
“A contractor (consultant) must be registered pursuant to this section in order to be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work that is subject to requirements of this chapter. (a) To qualify for registration under this section, a contractor must do all of the following:

(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial non- refundable application fee of $400 to qualify for registration under this section and an annual renewal fee on or before July 1 st each
year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.

(2) Provide such evidence, disclosures, or releases as are necessary to establish all of the following:

(A) Worker’s Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker who the contractor will employ to perform work that is subject to prevailing wage requirements other than a contractor who, is separately registered under this section. Coverage may be evidenced by a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self- Insurance required under Section 7125 of the Business and Professions Code.

(B) Where applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.

(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages, or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

(E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months, or since the effective date of the requirements set forth in subdivision (f), whichever is shorter. For a contractor found to be in violation of the requirements of this paragraph only, the period of disqualification shall be waived if: (i) the contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months; and (ii) the contractor pays an additional non-refundable penalty registration fee of $2,000.

(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 and shall be used only for the purposes specified in subdivision (b) of Section 1771.3

(c) The term “contractor,” as used in this section, shall include any subcontractor or “consultant”, as defined in Section 1722.1.

(d) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. A contractor who inadvertently fai ls to pay the renewal fee may retroactively renew its registration by paying an additional non- refundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the date of the renewal fee.

(e) The requirements of this section shall not apply with respect to any contract, which as a result of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or decision by a court that classifies, after the time at which the body awarding the contract accepts the contractor’s bid or awards the contractor a contract, the work covered by the bid or contract as a “public work,” as defined in this chapter, to which Section 1771 applies, provided that:

(1) The body awarding the contract failed to identify as a public work, in the bid specification or in the contract documents that portion of the work that the determination or decision classifies as a “public work.”

(2) Within twenty (20) days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.

(3) The requirements of this section shall apply prospectively only to any bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision.

(f) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.”

B. SECTION 5 1771.1
(a) No contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered to perform public work pursuant to Section 1725.5 It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the public work pursuant to Section 1725.5 at the time the contract is awarded.

(b) Notice of this requirement shall be included in all bid invitations and public works contracts, and no bid shall be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current eligibility to perform public work pursuant to Section 1725.5.

(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following requirements are met: (1) the subcontractor is registered prior to the bid opening; (2) within 24 hours after the bid opening the subcontractor is registered and has paid the penalty registration fee specified in paragraph (E) of subdivision (2) of Section 1725.5; or (3) the subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.

(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) of this Section shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.

(e) The DIR shall maintain on its website a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.

(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation. However, no contract for public work shall be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

A. This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This project shall comply with the requirements of SB 854.

10. Payment of Prevailing Wage.

A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the field work to be done, including mapping and surveying, geotechnical investigation, traffic control, and potholing services. These rates shall be the minimum wage rates for this project. These rates are on file with the City of Lancaster and copies will be made available to any interested party upon request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONSULTANT or any subcontractor under him.

Section 1777.5, as amended, requires the CONSULTANT or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:

(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or

(B) When the number of apprentices in training in the area exceeds a ratio of one to five; or

(C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or

(D) When the CONSULTANT provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The CONSULTANT is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

The CONSULTANT and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.

11. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.

12. Hold Harmless and Indemnification . CONSULTANT agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONSULTANT’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONSULTANT agrees to defend OWNER, its officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees.

13. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONSULTANT.

14. Non-Discrimination and Equal Employment Opportunity.

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.

15. Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONSULTANT will be paid a total amount equal to its costs as of the termin ation date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

16. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONSULTANT, terminate the whole or any part of this AGREEMENT in any of the following circumstances:

(1) If CONSULTANT fails to perform the services required by this AGREEMENT within the time specified in each Task Order or any authorized extension thereof; or

(2) If CONSULTANT 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, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

B. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONSULTANT to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONSULTANT. Upon such termination, C ONSULTANT shall be paid an amount equal to the contract amount, less the cost of hiring another CONSULTANT to complete CONSULTANT's services. In the event no new CONSULTANT is employed, CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and other documents whether delivered to OWNER or in possession of CONSULTANT, and authorized reimbursement expenses.

D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 15.

17. Independent Contractor. CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is i ntended; CONSULTANT is an independent contractor.

18. Insurance.

A. The CONSULTANT, 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:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
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 $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01)

Workers Compensation
As Required by the State of California Statutory Limits

Employer’s 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)

Professional Liability
Each Occurrence $10,000,000
General Aggregate $10,000,000

B. The Consultant’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. Professional liability insurance written on a “claims made” basis must be
renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

D. 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.

E. 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 Consultant’s insurance and shall not contribute with it.

F. Consultant 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:

RFQ&P 806-24 - Public Works Inspections Services
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

G. Consultant shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Consultant.

19. Commencement and Completion of Work . The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its Public Works Director or their designee, has issued an executed Task Order for the work described therein.

CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

20. Extension of Time for Completion of Work.

A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONSULTANT, then CONSULTANT shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 15.

B. CONSULTANT shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof.

OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.

C. No extension of time requested or granted hereunder shall entitle CONSULTANT to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONSULTANT.

21. Ownership of Documents . All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic sketches, charts, computations and similar data prepared or obtained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

22. Data Provided to CONSULTANT . OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in each Task Order.

23. CONSULTANT's Warranties and Representations .

CONSULTANT warrants and represents to OWNER as follows:

A. CONSULTANT has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT.

B. CONSULTANT has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTANT, 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, OWNER shall have the right, 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. CONSULTANT has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONSULTANT 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.

24. Resolution of Disputes.

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.

25. Exhibits.

The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Work

Exhibit “B” Term and Payment Clause

26. Governing Law.

This AGREEMENT shall be governed by the laws of the State of California.

27. Effective Date.

This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes said AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized.

“OWNER”

CITY OF LANCASTER

LANCASTER, CALIFORNIA

Approved By Department Head:

By:

Marissa Diaz, Director – Public Works

Dated:

By:

Jason Caudle, City Manager

Dated:

"CONSULTANT"
(COMPANY NAME)

By:
(Name, Title)

Dated:

ATTEST:

Andrea Alexander
City Clerk

APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED

General Scope of Services
Provide public works inspection services on various City awarded capital improvement projects in Lancaster on an as-needed basis. Projects may include new construction or renovation projects, program-wide projects, and/or infrastructure projects. The Public Works Inspector must have experience performing inspection services for direct contract construction projects and will provide support to the City’s Construction Manager.

Public Works Inspector

Purpose:

To provide in person inspection services of various public improvement construction projects. Staff will report to City Hall daily for inspection assignments and bill per project as assigned.

Services could include, but are not limited to, inspect a variety of public works construction projects including streets, bridges, curbs, gutters, storm drains, sewers, water lines, traffic signals, grading, trenching, compaction, backfilling to ensure compliance with applicable codes, ordinances and regulations, contract document compliance, identify actual and potential problems associated with the construction project in consult with the project manager, review contractor prepared submittals and proposals, and coordinate shop drawing submittals with the project manager as necessary, provide project schedule analysis, cost estimating services and track and monitor the contractor’s schedule on a weekly basis, prepare daily inspection records and weekly status reports, progress payments and other documentation as necessary to track the project correspondence related to all project activities, review plans and specifications, coordinate work with other city departments and city contacts, perform routine field tests, inspect materials for identification as conforming to specifications, inspect materials used, including reinforcing materials and the mix, slump and placement of concrete. Provide all necessary expertise and services to professionally and diligently prosecute the work authorized by each task order issued by the City.

Approach:

Under supervision, the Public Works Inspector inspects the workmanship and materials used in a variety of public works construction projects. The Public Works Inspector must be prepared and equipped to provide such services in a timely manner and on relatively short notice so as to enable the City to meet critical, and at times unpredictable, time deadlines and schedules. Inspectors will document the Contractors’ daily activities, manpower loading, on-site equipment and items considered pertinent to the project.

Assumptions:

The Public Works Field Inspector must have an understanding of all applicable Health and Safety laws, guidelines, and requirements including Cal/OSHA Title 8, the EPA (Environmental Protection Agency), the Education Code, the CDE (California Department of Education), the DTSC (Department of Toxic Substances Control), and the California Division of State Architects (DSA) regulations, and local ordinances and/or other applicable zoning or planning ordinances/regulations, relative to the work to be undertaken as well as their ability to comply with same and the methodology by which they will do so. All inspections will be within the project limits.

Deliverables:

1. Inspect a variety of public works construction projects including streets, bridges, curbs, gutters, storm drains, sewers, water lines, traffic signals and control, landscaping, city cash contracts, grading, trenching, compaction, backfilling, mixes of concrete or asphalt and etc. to ensure compliance with applicable codes, ordinances and regulations.

2. Prepare cost estimates, contract agreements and progress payment.

3. Perform inspections of public works facilities to ensure compliance with plans, specifications and standards for public works projects.

4. Perform Private Development Grading and Encroachment Permit inspections and Public Contract construction contract inspections.

5. Review plans and specifications for other city contracts.

6. Coordinate work with other city departments and utilities.

7. Perform routine field tests.

8. Inspect materials for identification as conforming to specifications.

9. Inspect materials used, including reinforcing materials and the mix, slump and placement of concrete; use equipment such as measuring rods, tapes, surveying transits and calculators to determine distance, location, dimension, depth and grade and calculate volume; take samples of materials for testing.

10. Observe work in progress and upon completion.

11. Record amounts of materials used and work performed; prepare necessary reports for progress payments and maintain field records including sketches, photographs, drafting and narrative notes; inspect tracts upon completion and process the necessary documents.

12. Act as the construction inspector on various subdivision projects and utility installations.

13. Meet and confer with contractors, public agencies and the general public; answer citizen complaints and requests for information; issue permits as required; monitor contractor safety practices and make on-site accident investigations as required.

14. Assist engineering with plans, specifications, and standards preparation.

15. Perform basic plan checking for subdivision, residential, and some commercial development; explain the limits and parameters of the work as required; perform various engineering technical support work, including drafting and acting as a member of a survey crew.

16. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

17. Perform related duties as required.

EXHIBIT “B”

TERM AND PAYMENT CLAUSE
Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONSULTANT. This Agreement shall continue in full force and effect for a period not to exceed three (3) years from the effective date of the Agreement (the “Term), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement; provided, however, that the City and the CONSULTANT may mutually agree in writing to extend the Term of this Agreement.

Payment
The City of Lancaster shall reimburse the CONSULTANT for actual costs, including labor costs and employee benefits incurred by the CONSULTANT in performance of the work identified in a Task Order.

Actual costs shall not exceed the estimated wage rates and other costs as set forth in this Agreement . Task Order proposal shall include a Fee Grid and source documentation supporting billed costs must be submitted with invoice. Each Task Order shall be invoiced separately, and invoices shall identify the purch ase order.

CONSULTANT shall provide a cost breakdown with hourly rates for each office and field function. Any additional work will require a separate Task Order Authorization for Consultant Services signed by both parties.

CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shall be submitted no later than forty -five (45) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project, as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number , task order number and project title. Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.

Consultant shall not be reimbursed for actual travel expenses incurred in the performance of the work.

The Consultant's hourly billing rates will remain fixed for the first year of the contract term after which the Consultant may request an escalation of hourly billing rates by November 1st each year based on the annual percentage change of the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers in the Los Angeles area published in September of that same year. Any escalation request must be submitted in writing to the City, and the Consultant must provide acceptable documentation supporting this request. In no event will the percentage increase be greater than three percent (3%). No retroactive contract price adjustments will be allowed.

If an escalation is approved, it would become effective January 1 st of the following year, e.g. if requested
November 1, 2024, then the escalation would become effective January 1, 2025.

If a renewal offer is made by the City to the Consultant to extend the contract beyond the initial three (3) year contract term, then the Consultant may request a price adjustment to the hourly billing rates that would become effective as of the date of the renewal. Both parties must be in agreement and a written renewal offer signed, with the price adjustment terms included. The price for any product or service may not increase without written approval by the City.

(Name, Title)
Company Name

APPENDIX B

INSURANCE REQUIREMENTS

City of Lancaster
RFQ&P 806-24 – Public Works Inspection Services
Consultant Insurance Requirements

The Consultant, 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:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
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, or an equivalent providing ongoing and completed operations)

Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01)

Workers Compensation
As Required by the State of California Statutory Limits

Professional Liability
Each Occurrence $10,000,000
General Aggregate $10,000,000

Pollution (Asbestos) Legal Liability
Each Occurrence* $5,000,000
Per Project Aggregate* $10,000,000
*Including Errors and Omissions

1) The Consultant’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.

2) Professional Liability insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during t he term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

3) 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 sha ll procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4) 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 Consultant’s insurance and shall not contribute with it.

5) Consultant 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:

A. 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.

B. List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:

RFQ&P 806-24 - Public Works Inspection Services
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.

C. List in the “Certificate Holder” section:

The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534

6) Consultant shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Consultant.

CERTIFIED EVIDENCE OF INSURANCE

TO BE SUBMITTED BY CONSULTANT WITH PROPOSAL

I, , of
Name of Individual Certifying Insert Title, (e.g. sole owner, partner, president)

, do hereby certify that we maintain
Consulting Company Name

or have the ability to obtain insurance coverage consistent with Consultant Insurance Requirements and Consultant Insurance Limits stated in City of Lancaster Consultant Insurance Requirements. I further understand that insurance documents must be submitted with signed consultant agreements, and if upon review by the City of Lancaster I fail to comply strictly with the insurance requirements, the consultant agreement will not be executed and another consultant will be chosen.

Signed:

PRINT NAME

Title

Subscribed and sworn to before me this da
y of

Seal of Notary

STAFF REPORT
City of Lancaster
CC 7
1/9/2024
JC
Date: January 9, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer – PW City Engineering
Subject: Task Order for Multi-Year Professional Services (Service Group Category 1 – Roadway and Structures Engineering) for 2024 Pavement Management Program (PMP) Road Rehabilitation Project (Reference: PWCP 24-005) Recommendation:

Approve Task Order No. 1 with Pavement Engineering, Inc., in accordance with the Multi-Year Professional Services Agreement, Service Group Category (SGC) 1 - Roadway and Structures Engineering, to provide Design Services for pavement resurfacing on approximately 14.2 lane miles in the amount of $369,935.00 plus a 10% contingency; and authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$406,928.50 (including 10% contingency); sufficient funds are available in the Capital Improvement Budget in project string CP15ST085.CONST from GL Codes 21149900.8000, 21549900.8000, 22049900.8000, and 41449900.8000.

Background:

The 2024 Pavement Management Program (PMP) will include the design and improvement of

14.2 lane miles of streets including:
•Avenue K from Challenger Way to 20 th Street East
•Avenue J from 25 th Street West to 30th Street West
•Business Center Parkway from Avenue K-8 to Avenue L
•20 th Street West from Avenue J-8 to Avenue K
•Challenger Way from Avenue K to Avenue L
On November 7, 2022, the City Council approved Multi-Year Professional Service Agreements with the consulting firms recommended by staff to be pre-qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects.
1 4
8 5
City staff requested proposals for design from nine (9) firms on the Multi-Year Professional Services Agreement List of Pre-Qualified Firms under SGC 1 - Roadway and Structures Engineering. On November 30, 2023, at 9:00 a.m., the City received proposals from four (4) firms for review.

Responsibilities, under this Task Order, include project management; research and geotechnical services; mapping and surveying services; and preparation of plans, specifications, and estimates (PS&E) bid package for construction.

With approval of this contract, the vendor cumulative total for all contracts with the City will increase from $0.00 to $369,935.00.

SN/km
Attachment:

Task Order No. 1
TASK ORDER NO. 1
OVER
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES – RFQ 769-22 SERVICE GROUP CATEGORY 1 – ROADWAYS AND STRUCTURES ENGINEERING

DATED DECEMBER 2, 2022

BETWEEN

THE CITY OF LANCASTER, "OWNER"
AND
PAVEMENT ENGINEERING, INC. "CONSULTANT"

PROJECT TITLE: 2024 PMP Road Rehabilitation Project (Reference: PWCP 24-005)

PROJECT DESCRIPTION: Prepare Plans, Specifications, and Estimates (PS&E)

SCOPE OF WORK: Per Attached Exhibit "1", Scope of Services

PERIOD OF SERVICES: Per Attached Exhibit "2", Schedule

COMPENSATION
FOR SERVICES: Per Fee Schedule - Not to Exceed $369,935.00

"OWNER" "CONSULTANT"

CITY OF LANCASTER IDS GROUP, INC.

By: By:

Jason Caudle Joseph L. Ririe. P.E.

City Manager President

Date: Date:

Approved by Dept. Head:

APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney

EXHIBIT “1”

SCOPE OF SERVICES

The work to be performed under this task order shall include:

A. Task Order 1 –Scope of Services

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 1 of 14

EXHIBIT 1: SCOPE OF SERVICES

PROJECT DESCRIPTION AND LOCATION

City of Lancaster is looking to resurface approxim ately 14.2 Lane Miles of roads, as part of the 2024 PMP Road Rehabilitation Project. This project will include streets th at are candidates for Rehabilitation treatments. The Consultant sh all finalize Design Base Mapping, provide Final Pavement Recommendations, possible Traffic Engi neering Services, and provide quantities and other information necessary for the preparation of plans, specifications and estimates for this project, as part of this Task Order.

PROJECT MAP

The proposed locations for the 2024 PMP Road Rehabilitation Project include the following:

1 - Ave K from Challenger Way to 20th St East
2 – Ave J from 25th St W to 30th St W
3 – Business Center Parkway from Ave K-8 to Ave L (Design for this segment is completed & is to be incorporated into Final Bid Documents.)
4 - 20th St West from Ave J-8 to Ave K
5 - Challenger Way from Ave K to Ave L

Consultant shall assist City of Lancaster in finalizing the project location list and treatment selection by Pavement Evaluation of the existing section and providing pavement recommendations up to the available construction budget.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 2 of 14

These project locations shall incl ude approximately 14.2 Lane Miles of roadways that will be improved as part of this project. The City anticipates that the construction work will be performed within the existing street right-of-way but will include some concrete work including ADA curb ramp upgrades, sidewalks, curb and gutter, as identified in the Scope of Work.

One of the primary goals of the road improvements will be to extend the life of the roads by 7-10 years, proposed treatments may include a combina tion of strategic rehabilitation treatments such as: dig outs with thin overlays (1.5” – 3”), Co ld-In-Place Recycling with thin overlays, or equivalent treatments.

GENERAL SCOPE OF SERVICES AND SCHEDULE

The general scope of services includes:

 Project Management, Progress Meetings and Coordination with City staff o Coordination and Management of Sub-consultants (if any)  Research and Field Investigation
 Utility Coordination, Notices and Letters including with local Bus Services/Routes  Performing Mapping and Surveying Services and prepare PS&E’s in accordance with current City of Lancaster standards, policies and procedures  Civil Plans (PS&E’s)
o Construction Plans
o Striping, Signing and Marking Plans
o Traffic Control Plans
 Geotechnical Services
 Quality Assurance/Quality Control
 Quantity Sheets
 All other existing documents or studies deemed necessary or requested by the City Milestone tasks and tentative schedule are included in Exhibit 2. City is committed to providing comments on plans within 2 weeks after submittal(s). Please note that approved plans need to be completed, signed and submitted to the City no later than April 01, 2024.

Consultant shall refer to Detailed Scope of Work herein.

ITEMS TO BE PROVIDED BY THE CITY

The City will provide record street improvement plans, record storm drain and sewer plans, record recycled water, street lighting, traffic signal, st riping/signing/marking plans and any other record plans regarding city-owned facilities.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 3 of 14

DESIGN STANDARDS AND CONSULTANT EXPECTATIONS

The proposed improvements shall, at a minimum, follow the City of Lanc aster Municipal Code and Engineering Design Guidelines Policies and Procedures Manual.

Wherever the City guidelines are absent of the latest industry updates, standards or details, Consultant shall utilize the latest Standard Specifications and Plans for Public Works Construction (“Green Book”), the Los Angeles County Depart ment of Public Works Design Standards and Caltrans Standards. Wherever there is a conflict in design standards, Consultant shall submit a clarification in writing to the City Project Mana ger for direction and approval. In most cases, the more stringent design standards shall apply.

The Consultant shall provide to the City deliverables in hardcopy and electronic format as detailed in the City’s Standards for CAD Deliverables. All drawings shall be prepared in AutoCAD.

In addition, the Consultant shall coordinate a nd work with the following City Divisions during design: Capital Engineering Division (primary ), Community Development Division (Planning Group and Traffic Engineering Group), Real Estate and Econom ic Development Division (Building and Safety Group and Economic Deve lopment Group), Trans portation Division, (Transportation Administration Group), Public Works Division, and Utilities Services Division.

Any correspondence between Consultant and City employees, other than the PM, shall be copied same day to the PM as well as in the final deliverables.

ADDITIONAL INFORMATION
The Consultant shall establish and apply inte rnal accounting methods and procedures acceptable to the City for documenting and monitoring cont ract costs. The Consultant shall submit a consolidated monthly invoice in a format accepta ble to the City and broken down in a manner consistent with the Task Order. The Consultant shall include with the monthly invoice a progress report that reflects the work completed within the invoice period. Payments to the Consultant are to be in arrears. The Consultant must have actually incurred and paid the costs prior to invoicing the City.

The City shall make progress payments per the completed units detailed in Exhibit 3 submitted by the Consultant. The Consultant shall generate an invoice that details the specific units completed with a cost breakdown with hourly rates for each field function, shall provide sufficient back up to verify expenditures claimed and Consistency with fee grids and rates submitted in the cost proposal, and a brief progress report describing work completed during the invoicing period, delay details if schedule is slipping, how the Consultant will recover the schedule to meet the contract completion date, and work to be completed in the next invoicing period.

The invoice must include a summary table that deta ils the total contract pr ice, previously paid, current invoice amount, and remaining balance.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 4 of 14

Consultant shall not start work prior to receiving Notice to Proceed. The Notice to Proceed shall be issued in writing once the insurance documents are submitted and approved and a Task Order has been executed.

Consultant shall not pe rform additional work without written authorization from the City of Lancaster PM. Written Authorization shall come in the form of an Additional Authorization to the Task Order.

DETAILED SCOPE OF WORK

TASK 1 PROJECT MANAGEMENT AND COORDINATION (INCLUDES UTILITY

NOTICES/COORDINATION)

Perform all project management, scheduling, utility notices (Letters A, B & C), quality control, and quality assurance tasks necessary to maintain the project schedule, budget, and a high quality set of deliverables to the City. Consultant will maintain a project schedule and provide weekly project status reports throughout th e duration of the project. Cons ultant shall notify the Project Manager of any scope, schedule or budget issues that may arise.

Coordination of meetings necessary for the wor k. For purposes of this proposal, please assume that there will have five (5) in-person meetings including:

 One project kick-off meeting
 One meeting to discuss proposed treatments, estimated construction costs and final project location list .
 One meeting to assure a quality base mapped project, 30% plan progress  One meeting to discuss 60% plan progress
 One meeting to discuss 90% plan progress

Consultant shall organize up to two (2) additiona l meetings to complete the project. Additional meetings may include meeting with other agenci es such as utility companies or neighboring municipalities (if necessary).

Consultant shall coordinate and work with th e following City Divisions during design: Capital Program and Development Engineering Division (primary), City Engineering Division (Traffic Engineering Section), and Public Works Division (Utility & Maintenance Services Sections). Any correspondence between Consultant and City employees, other than the Project Manager, shall be copied same day to the Project Manager as well as in the final deliverables.

Although the design and construction of these project locations include primarily local road funds, the Consultant shall be responsib le for determining permits requi red to construct the project.

Consultant shall prepare for the City's signature any required permits from State, Federal or other agencies/entities.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 5 of 14

For Utility Notices, Letter A shall be distributed at 30% design, Letter B sh all be distributed at 60% design, and Letter C shall be sent at 100% design of PS&E' s. Continued communication, correspondence and coordination are expected be tween each Utility Noti ce until completion of project. Consultant shall receive and file current atlas/utility maps from all agencies and utilize all utility information for the development of PS &E's. Utility Letter Templates for A, B & C are provided in the appendix. Note: Co nsultant shall include in their proposal any potential costs for requesting utility maps, plans or data from any of the utility agencies during the utility notice process (Letter A, B & C) and design phase of the project. Consultant will be expected to adhere to all utility agency rules and regulations and may be asked to sign any non-disclosure agreements while obtaining utility maps.

Continued coordination throughout th e project with the City is ne cessary including coordination with all utility agencies and AVTA.

The following is a list of the representative utility companies/agencies that shall be contacted (but not limited to):

 Southern California Edison
 Southern California Gas
 AT&T
 Frontier
 Sanitation Districts of Los Angeles County, District #14  Spectrum
 Los Angeles County Waterworks (Consultant shall determine if any privately owned water companies are within the project boundari es and coordinate with those agencies)  AVTA
 City of Lancaster (Sewer, Storm Drain, Recycles Water, Streetlights, Traffic Signals)

Consultant shall conduct surface id entification of all utilities lo cated at project locations. The Consultant shall submit to each utility company a preliminary set of plans that provide the project locations, proposed treatment (including depth of treatment) and identify any areas where existing utilities may conflict with the proposed improvements.

Consultant must provide quality assurance and control of survey, design plans, specifications, and estimates prior to each submittal. This task is required to verify that no unsafe design changes have been made or proposed, geometric layout has not b een critically altered, improvement goals are being met, economy of project is maintained, plans are consistent across improvements, there are no conflicts between trades, and construction integrity of the design is ensured.

TASK 2 RESEARCH AND GEOTECHNICAL SERVICES

2.1 Research

Research shall include all avenues required that may be used in support of the engineering design improvements between the project limits, to produ ce a complete PS&E package; as a minimum, the following shall be provided:

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 6 of 14

 Research all existing record dr awings from City, County and/or other agencies that have jurisdiction within the project sites and record drawings or atlas/ut ility maps. Consultant shall verify the details/items represented on all record drawings obtain all updated record drawings from proper sources.

 Research all survey records and obtain tie sheets, field books, monu ment recovery notes and/or street improvements plans depicting centerline of ROW survey monumentation from the County other than City issued records.

 Research pertinent record maps, vesting deeds and Assessor Parcel information to compile the boundary lines from a "best fit" combination of these record sources.

 Consultant shall perform a field review. The field investigation will be used to document general alignment, visually evaluate any noticeable or potential drainage issues, and to take note of issues that may affect the design. In addition, the Consultant shall take the opportunity to verify existing record plans, utility responses, and survey information available at the time of the field visit. A photo log of the site shall also be provided to the City.

 Incidental research.

2.2 Geotechnical

The geotechnical investigation wi ll include field investigation a nd exploration work to obtain representative soil samples and pavement corings for use in pe rforming soil testing and report preparation for the geotechnical analysis of the subsurface ma terial relating to all project excavations and subgrade preparation.

In preparation for the filed exploration, the C onsultant will notify Underground Service Alert (USA) at least 48-hours prior to commencing the field work to locate undergr ound utilities or services where drilling geotechnical borings. The following is an outline of the work:

 Coordination with the supervising civil engineer and City of Lancaster staff regarding the scope and schedule of Consultant's work and select location for pavement core

 Coordination with the coring co ntractor and traffic control personnel prior to the start of work

 A no fee permit shall be obtained from the C ity of Lancaster prior to the start of geotechnical work.

 Coordination and Clearance with underground se rvice alert prior to the proposed coring and auguring in order to locate potentially affected utilities.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 7 of 14

 Completion of cores through the existing asphalt concrete (A C) and/or Portland cement concrete (PCC) pavements at pertinent locatio ns to be determined by the Consultant to assist in the successful desi gn of the project. Removal of any base course beneath the pavement shall be performed using manual labor.

 Observations and documentation of subsurface materials exposed along all locations to be tested will be performed by our field personnel at each core location. Subgrade soil samples will be collected at each location for lab testing. Collection of soils may require the use of a hand auger in order to obtain a sufficient amount of soil to perform the testing.

 Base material and pavement cores shall be immediately replaced /repaired following observation to minimize mobilization cost s for the coring contractor and traffic management. Hot mix asphalt or Caltrans Set 45 shall be used for pavement repair.

 Traffic Management Services shall be provi ded during the coring in accordance with the latest California MUTCD.

 Perform R-value and soil classification testing on soil samples at each location.

Given the
project locations, consultant to provide recommendation and propose frequency of cores.

 Prepare a report providing pavement desi gn recommendations based on R-Value test results in accordance with the City's Engineering Design Guideline Policies & Procedures Manual. Report shall include treatment options and cost to life-cycle recommendations.

Recommendations shall take into considerat ion any constructability concerns. These considerations are to be included on the report.

 For the purposes of this Task Order, ther e will be a visual ev aluation along with a preliminary cost estimate for each segmen t. This will follow by pavement section evaluation at the locations approved by the C ity, until construction cost estimate meets available budget.

Please assume coring will be performed at 500-foot maximum intervals on each location, on each direction.

 For the purposes of the Task Order, please assume deflection tests will be performed at 100-ft maximum intervals in each travel lane.

TASK 3 MAPPING AND SURVEYING SERVI CES & BASE MAPS (30% PLANS,

TREATMENT SELECTION & ESTIMATE)

3.1 Mapping and Surveying

Field survey shall include all mapping and su rveying tasks required to produce a complete topographic map that may be used in support of civil design of improvements at each location for this project including all exte nded and transition limits for th e purpose of st riping, signing and markings. As a minimum, cost shall include the following:

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 8 of 14

Perform centerline control survey. All centerline intersections, beginning and ending curves and major control points shall be found (or established if not existing) and measured. If a point must be reset to establish the centerline, a comer record and/or record of survey must be filed with the County for all set points and a copy returned to the City.

Consultant shall conduct the design surveyin g necessary for the final engineering work.

Topographic base map will be produced by ground survey methods. The base maps shall identify all existing street improvements, drainage structures, fire hydrants, utility facilities, landscaping, striping, markings, signs, street lights, and other appurtenant improvements in each project area.

Consultant’s survey crew shall conduct site visits to gather data and deta ils needed to design the project. The latitudinal limits of the survey will be within the street right-of-way and 250’ past the intersection unless otherwise specified. For bulb- outs, Consultant shall provide radial cross- sections of existing and proposed grade at BCR, ECR and quarter deltas and shall, as a minimum, extend from the ROW to the street centerline.

All elevations shall be refere nced to the closest found City and County benchmark. Flow line elevations along the gutter will be included to determine the limits of removal for curb and gutter.

Design cross sections shall be pl otted using a 1:4 vertical and a 1:40 horizonta l scale at 50’ intervals to depict proposed and existing elevations and cross slope.

All field survey will be supplemented by GIS information

The Consultant shall, at no addi tional cost to the City, correct errors, omissions, and unworkable and/or improper design/drafting on the original drawings that ar e covered subsequent to the completion of the plan checking process.

3.2 Base Map

Develop and/or update an electronic base map of th e selected street areas for both project sites.

City will provide incomplete base maps for one of the two projec t locations. Consultant will be responsible to verify that information is accurate and complete. Base maps shall be compatible with the City's current ACAD system (see CA D Deliverable Standards in Appendix). The development of the base maps shall consist of surveying and drafting plan locations showing existing property lines (ROW to ROW including all approach intersections plus 300' beyond the intersection sites in each dir ection), concrete improvements, drainage lines, all surface and underground utilities, power poles, streetlights, traffic signals, asphalt concrete limits, and striping and signage. Each surveyed feature shall be clearl y labeled or noted by a sy mbol as identified in the field.

are absent of the latest industry updates, standards or details, Cons ultant shall util ize the latest Standard Specifications and Plans for Public Works Construction (Green Book), the Los Angeles County Department of Public Works Design Sta ndards and Caltrans Standards. Wherever there are conflicts in design standards, Consultant shal l submit a clarification in writing to the Project Manager for direction and approval. In most cases, the more stringent standards shall apply for the design and development of PS&E's. Consultant shall also refer to the COL's Master Plan for Trails and Bikeways, Complete Streets and Master Plan of Drainage to view the approved developments for routes, trails, streets, bike ways, storm drainage, and incorporate these items accordingly into the PS&E's.

Plans shall be in English units and must conform to Caltrans, Federal, City, and County standards, regulations, policies, procedures, manuals, and pr actices. The Consultant shall provide clear, concise, and complete Plans. The Consultant shall include other details that are of benefit to and/or requested by the City, such as existing utility cove rs, existing driveways, curb ramps, etc., and to provide enough detail to delineate pavement limits and detailed topography for curb ramp replacement areas.

TASK 4 ENGINEERING PL ANS (60%, 90%, 100% PS&Es)

4.1 General

Consultant shall prepare construction documents ( PS&E's) for the project, which shall cover the work necessary to bid and construct the improvements described in this Task Order (including quantities of each individual item and treatment that would be included in bid schedule). The plans shall show tie back into existing curbs or AC edge of pavement and flow line. The Consultant shall make all submittals in hardcopy and electronic (editable and PDF) copies on disk. In general, the City will expect three (3) hard copies of submittals and one (1) disk. The following submittals are envisioned for the completion of the design: 30%Plans, (covered under Task 3), 60% PS&E, 90% PS&E, and 100% (Final) PS&E's.

Existing roadways, structures, utilities, and othe r items affected by the project will be shown in addition to the proposed construction. The plans will include vertical and horizontal layout and design, pavements, existing curb ramps, typical sections, details, signing and striping, ROW and property lines and any necessary details.

The following plan sheets are anticipated to be included in the design:

a. Title sheet - Includes project information, vicinity map, location map, benchmark, sheet index, and City and utility contact information.

b. Notes - Contains standard City and Engineers notes, legend, and abbreviations.

c. Survey Control - Contains Surveyor's notes and benchmark information, control data, curve and line tables, and plan showing control points and start/end construction labeled in cyan and right-of-way lines labeled in proper colors per City of Lancaster standards. Please Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 10 of 14

contact Tom Aranda of the Capital Program Divi sion for a list of standard plotting colors and settings.

d. Sections and Details - Contai ns typical roadway sections, sheet layouts, and details for work described on the plans.

e. Demolition Sheet - Shows items to be removed, relocated, or protected.

f. Plan and Profile Sheets - For the street improvements, standard roadway plan sheets shall be used. The plan view will be prepared at a scale of 1"=40' for horizontal and 1"=10' for vertical. Utility modifications to relocate clear of the proposed improvements shall also be shown on the plan view of the sheets. The sheets will provide the appropriate construction call outs, including limits of the project, pave ment areas, curb, gutter, ramps, and other details necessary to construct the project. The pl ans will include sufficient detail to locate the improvements based on roadway station callouts and horizontal line and curve data.

The plan will include the right-of-way clearly marked and adjacent properties identified by parcel number and property owner.

h. Striping, Signing and Marking Plans - The plans will use California MUTCD references and detail numbers, where applicable and available, and specific information to specify signing, striping or pavement markings not included in the current manual. A schedule of proposed striping and a schedule of pavement markings w ill be shown on the plans.

Thermoplastic shall be included for all long ling striping, including but not limited to, lane lines, broken lane lines, double solid lines, and e dge lines. Project li mits to include all required approach striping. For Signs, the size, shape, lettering type and size, colors, and symbols, to specify signs not included in the current manual. A schedule of proposed signs will be shown on the plan. Project limits to include all required approach signing.

i. Final Bid Set - 100% PS&E’s - Final Plans, Specifications and Estimates include 100% plans, stamped and signed for Bid package.

Phases for PS&E’s

(For 30% Plans, see Task 3)

4.2 60% PS&E's

60% design documents. The 60% design documents will include preliminary plans, technical specifications, and estimates (i.e., rough order of magnitude, or opinions of probable construction costs). The plans will include hor izontal control and call-outs to sufficiently layout the design elements (plan and profile, survey control, demo plans, bulb-outs, curb ramps, curb, gutter, preliminary traffic control plans, striping/signing/marking plans, affected utilities such as manholes, vaults, handhole boxes, etc., miscella neous utility improvements and construction details) Consultant shall identify any major dr ainage issues (i.e., lo w points). Following the submittal and the 60% review, Consultant will arrange to meet with the City to discuss the design comments. The City will provide Consultant with one non-conflicting set of redline mark-up plans.

Utility Notification Letter B to be sent with 60% plans to all utilities per Task 1. Engineer's estimate shall be drafted and totaled for City Engineer's review; draft shall follow City's Bid Schedule format (sample to be provided by City).

Due to extended review period for signing and striping plans, first submittal of S&S plans will be when 60% plans are due.

Consultant shall prepare signing and striping plans for arterial streets, according to CAMUTCD and City of Lancaster requirements.

The Consultant shall prepare all Traffic Engineer ing documents, including plans, specifications and estimates (PS&E), for construction. The City will provide the main body of the specifications called Part D; specifications expected of the Consultant shall be limited to technical provisions required to meet design intemt by th e consultant such as but not li mited to details, cut sheets and specifications for items beyond the Greenbook. Part D shall remain as close as possible to template provided by the City. Technical changes and recommendations shall be approved by the City.

4.3 90% PS&E's
Based on the 60% comments, Consultant will bri ng the 60% design documents to a 90% level of design. The 90% design documents will include plans and estimates for the project. The plans will include necessary horizontal control in addition to vertical grades to layout the design elements, including curb returns, profiles, details on existing or proposed u tilities and sufficient details to construct all the design elements; design documents shall street improvements plans, traffic control plans, striping/signing/marking plans and construction details.

Prior to the 90% submittal, the Consultant shall verify quality assurance of the horizontal and vertical control of the proposed layout to verify that the design is accurate with respect to City sign standards and that no unsafe design changes are proposed, and construction integrity of the design is maintained.

Following the 90% submittal and City review, the Consultant will arrange to meet with the City to discuss the design comments. The City will provide the Consultant with one non-conflicting set of redline mark-up plans.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 12 of 14

PS&E's for Final Bid Set - Final Plans include 100% plans, specifications and estimates, stamped and signed for Bid package. Consultant shall deliver 100% construction documents (Final Bid Set). No formal meeting is anticipated following City review.

TASK 5 DELIVERABLES

Consultant shall provide to the City deliverables in hardcopy and electronic format for all phases shown below and as detailed in the Capital Program Division's Standards for CAD Deliverables, WORD (Specifications) and EXCEL (Estimate) files. Provide hard copies in numbers as stated.

Cost of the following deliverables shall include reimbursable costs includi ng but not limited to shipping, supplies, etc.:

5.1 Project Management, Coordi nation and Utility Notices

a. PDF of Kick-off Meeting (1) (Agenda and Minutes)
b. PDF of Cope Acceptance Meeting (Agenda and Minutes)
c. PDF of Progress Meetings (3) (Agenda and Minutes for 30%, 60% and 90%) d. PDF of Utility Meetings, Coordination Calls/Emails, Correspondence, Notification Letters (B & C) and all Utility issued record Maps (WORD for Utility Notification Letters) e. PDF copies of Permit Documentation/Correspondence/Notices (if permits necessary) f. PDF and MICROSOFT PROJECT PROFESSIONAL 2016 FOR GANTT CHART of Detailed Project Schedule
g. A disk containing a copy of ut ility contact log and utility notifications/request for information/record drawings research letters.
h. Excel Spreadsheet Report of Affected Utilities for adjustment.

5.2 Research and Geotechnical

a. PDF of all record maps not issued by City (street, storm, sewer, electrical, etc.) b. PDF of all atlas/utility maps not issued through Letter B & C process c. PDF of all of survey records, tie sheets, field books, monument records, etc. (not provided by City)
d. PDF of boundary and ROW maps obtained
e. PDF of all record maps, vesting deeds and As sessor Parcel information (not provided by City)
f. PDF of all geotechnical documents, reports, field samples, photos and correspondences g. PDF of all incidental research documents (not provided by City) h. PDF Report of Portland Cement Concrete (PCC) improvements. i. PDF Report for Current TI based on EASALs , along with Recommended Structural Section.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 13 of 14

j. PDF Revised Pavement Recommendation Report (Report shall include treatment options with cost to life-cycle recommendations, and constructability considerations.

5.3 Mapping, Surveying and Base Map (30% Plans)

a. One (1) PDF plot of the topographic mapping/ survey control signed and sealed by a California Licensed Land Surveyor. If the survey and mapping work are more than two (2) sheets, then one (1) electronic copy per the Standards for CAD Deliverable in Appendix I is acceptable.
b. Consultant shall provide to th e City deliverables in hardc opy and electronic format as detailed in the Capital Program Divisions Standards for CAD Deliverables c. A disk containing digital photos taken during the field survey d. PDF copies of all maps/exhibits/data obtained during the course of the survey e. PDF copies of list of APN's and identifica tion of areas were ROW acquisition would be needed.
f. A disk containing copies of all survey records from tie sheets, field books and monumentation recovery notes not issued by City (if recording of monumentation was required during the course of the fieldwork).
g. 30% Plans (demolition, street layout, plan and profile, storm drainage, water facility, street lighting electrical and traffic signal, landscaping and irrigation, preliminary striping/signing/markings and any preliminary construction details) h. Conceptual streetscape sketches, material sa mples, example photos and other illustrative exhibits
i. A disk containing editable AutoCAD files of all legal descriptions , exhibits, and road deeds.
j. Excel Spreadsheet of Centerline and corner tie quantities and locat ions for replacement after construction.

5.4 Plans (60%, 90% & 100% PS&E’s)

a. 60% Plans and Estimates (P&E's) - (3-hard copies)
b. 90% PS&E's (3-hard copies)
c. PDF copy of list of APN's and identification of areas were ROW acquisition will be needed (for 60%, 90% and 100% phases).
d. Excel Spreadsheet of Material Testing Quantities
e. Excel Spreadsheet of Centerline ties and corner record Quantities f. Excel Spreadsheet of Bid Item Quantity Inspection sheets (Breakdown by street segment) g. PS&E's Final Bid Set (100%) - stamped and signed (3-hard copies) Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24‐005) Exhibit 1, Page 14 of 14

h. Consultant shall provide to the City deliverables in hardcopy and electronic format for all items a. through h. described above.

ADDITIONAL SERVICES NOT INCLUDED

Services other than those set forth in this exhi bit shall constitute extra services. Extra services include but are not limited to, attendance at meeti ngs other than those included in the Scope of Services, additional plan sheets, topographic surve y, etc. shall be considered additional services and will be performed only with written authoriza tion from the City and for additional fees to be negotiated prior to authorization.

EXHIBIT “2”

SCHEDULE

A. Task Order 1 – Schedule

Service Group Category 1 (Reference RFQ 769-22)
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Road Rehabilitation Project (Reference: PWCP 24-005) Exhibit 2, Page 1 of 1
E
XHIBIT 2: SCHEDULE
Immediately following selection, the selected Consultant will be notified with a Notice of Intent to Award. Task Order will be processed and executed as soon as possible following selection, and shall be in place prior to Notice to Proceed.

TASKS COMPLETE BY
Notice to Proceed Immediately Following
Task Order Execution
Consultant shall submit Baseline Schedule as part of their Proposal. Schedule shall identify 30, 60, and 90 % Deliverables of PS&E; as well as Pavement Re-Evaluation Report. Final Bid Set shall be delivered as stated below.

T
o be Submitted
Final Bid Set 100% (Construction, S&S) April 01, 2024
C
ity review periods, as noted in Exhibit 1, are included in this schedule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consultant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

EXHIBIT “3”

FEE SCHEDULE

The Consultant shall maintain separate costs and shall identify the specific costs. The costs under this task order shall include:

A. Task Order 1 – Payment and Fees

Service Group Category 1 (Reference (RFQ 769-22)
Prepare Plans, Specifications and Estimates (PS&E) for
2024 PMP Road Rehabilitation Project (Reference: PWCP 24-005) Exhibit 3, Page 1 of 2
TASK
NO. DESCRIPTION PRICE

1. PROJECT MANAGEMENT AND COORDINATION
(INCLUDES UTILITY NOTICES/COORDINATION)
$20,340.00

2. RESEARCH AND GEOTECHNICAL SERVICES $85,905.00

2.1 Research

2.2 Geotechnical

3. MAPPING AND SURVEYING SERVICES & BASE MAPS
(30% PS&E, TREATMENT SELECTION & ESTIMATE)
$126,010.00

3.1 Mapping and Surveying

3.2 Base Map

4. ENGINEERING PLANS (60%, 90%, 100% PS&Es) $137,680.00

4.1 General

4.2 60% P&E's

4.3 90% PS&E's

4.4 PS&E's for Final Bid Set

5. DELIVERABLES $0.00

5.1 Project Management, Coordination and Utility Notices

5.2 Research and Geotechnical

5.3 Mapping, Surveying and Base Map (60% PS&E)

5.4 Plans (60%, 90% & 100% PS&E’s)
TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
$369,935.00
EXHIBIT 3: PAYMENT AND FEES*
Service Group Category 1 (Reference (RFQ 769-22)
Prepare Plans, Specifications and Estimates (PS&E) for
2024 PMP Road Rehabilitation Project (Reference: PWCP 24-005) Exhibit 3, Page 2 of 2
TASK
NO. DESCRIPTION PRICE
EXHIBIT 3: PAYMENT AND FEES*

TOTAL COST AMOUNT WRITTEN IN WORDS
Three hundred sixty-nine thousand, nine hundred thirty-five dollars a. Hours** and Personnel
b. Rate and Personnel
* Hours are for progress tracking purposes only. This is a time and materials not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure. * In support of Exhibit 3, Consultant shall provide two fee grids (in table format), with an itemized breakdown by:

PROJECT FEE GRID AND RATES

CITY OF LANCASTER
2024 PMP ROAD REHABILITATION PROJECT (PWCP 24-005)
The Pavement Engineering Inc fee for the work is based on the referenced RFP and our experience with similar projects performed for clients throughout the State of California.

Our total estimated project fee, excluding optional tasks, is broken down as follows:

PROJECT ENGINEERING & DESIGN SERVICES FEE
Task 1 – Project Management & Coordination $20,340
Task 2 – Research Services $85,905
Task 3 – Mapping & Surveying Services $126,010
Task 4 – Prepare Diagrammatic “For Construction” Exhibits $137,680 Total Estimated Project Fee $369,935
Our fee includes an
swering questions during the bid process and preparing addenda as necessary. The fees will be invoiced on a time and material basis. All fees and costs associated with this project are subject to final negotiation with the City of Lancaster. The following breakdown shows our estimated costs for each portion on the project. The individual fees associated with each task will serve as a guideline for progress payments.

TASK 1 PROJECT MANAGEMENT & COORDINATION
Position Rate Hours Total
Senior Principal Engineer $260 24 $6,240
Senior Associate Engineer $200 30 $6,000
Assistant Engineer $175 16 $2,800
Engineering Technician $140 15 $2,100
Clerical $80 40 $3,200
Task 1 Total Estimated Fee: $20,340
TASK 2 RESEARCH SERVICES

2.1 Research Existing Condition
Senior Associate Engineer $200 8 $1,600
Assistant Engineer $175 16 $2,800
Engineering Technician $140 40 $5,600
Clerical $80 16 $1,280
Estimated Phase 2.1 Total: $11,280

2.2 Geotechnical
Senior Principal Engineer $260 12 $3,120
Assistant Engineer $175 12 $2,100
Senior Engineering Technician $155 12 $1,860
Clerical $80 8 $640
Dynaflect Operator $525 18 $9,450
Dynaflect & Coring Crew Preparation $360 20 $7,200
Coring Technician $430 38 $16,340
Laboratory Manager $175 8 $1,400
Laboratory Technician $115 48 $5,520
Mobilization $6,815
Traffic Control $20,180
Estimated Phase 2.2 Total: $74,625
Task 2 Total Estimated Fee: $85,905
TASK 3 MAPPING & SURVEYING SERVICES

3.1 Mapping & Surveying
Senior Associate Engineer $200 40 $8,000
Assistant Engineer $175 160 $28,000
Senior Engineering Technician $155 120 $18,600
Engineering Technician $140 160 $22,400
Estimated Phase 3.1 Total: $77,000

3.2 Base Map
Senior Associate Engineer $200 40 $8,000
Assistant Engineer $175 80 $14,000
Senior Engineering Technician $155 16 $2,480
Engineering Technician $140 80 $11,200
Estimated Phase 3.2 Total: $35,680

3.3 Concept Level Budget Analysis
Senior Principal Engineer $260 8 $2,080
Assistant Engineer $200 30 $6,000
Senior Engineering Technician $175 30 $5,250
Estimated Phase 3.3 Total: $13,330
Task 3 Total Estimated Fee: $126,010
TASK 4 PREPARE DIAGRAMMATIC “FOR CONSTRUCTION” EXHIBITS

4.1 Prepare Diagrammatic Exhibits (30%)
Senior Associate Engineer $200 16 $3,200
Assistant Engineer $175 40 $7,000
Senior Engineering Technician $155 4 $620
Engineering Technician $140 30 $4,200
Estimated Phase 4.1 Total: $15,020

4.2 Prepare Diagrammatic Exhibits (60%)
Senior Principal Engineer $260 8 $2,080
Senior Associate Engineer $200 100 $20,000
Assistant Engineer $175 120 $21,000
Senior Engineering Technician $155 40 $6,200
Engineering Technician $140 120 $16,800
Estimated Phase 4.2 Total: $66,080

4.3 Prepare Diagrammatic Exhibits (90%)
Senior Principal Engineer $260 8 $2,080
Senior Associate Engineer $200 60 $12,000
Assistant Engineer $175 60 $10,500
Senior Engineering Technician $155 16 $2,480
Engineering Technician $140 40 $5,600
Estimated Phase 4.3 Total: $32,660

4.4 Prepare Diagrammatic Exhibits (100%)
Senior Principal Engineer $260 8 $2,080
Senior Associate Engineer $200 40 $8,000
Assistant Engineer $175 40 $7,000
Senior Engineering Technician $155 8 $1,240
Engineering Technician $140 40 $5,600
Estimated Phase 4.4 Total: $23,920
Task 4 Total Estimated Fee: $137,680

STAFF REPORT
City of Lancaster
CC 8
1/9/2024
JC
Date:January 9, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Mike Harne, Assistant Director - PW Maintenance Services Subject:Citywide Utility Auditing Professional Services Agreement - Pacific Utility Audit, Inc.

Recommendation:

1. Approve a Professional Services Agreement with Pacific Utility Audit, Inc. (“PUA”), and authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:

As the auditor will be compensated based on a percentage of funds recovered, there will be no out- of-pocket cost to the City.

Background:

The City of Lancaster has determined that a utility audit is necessary to investigate the significant increase in utility bills over the last two fiscal years. Utility auditing is a process that saves money every month by identifying errors and overcharges by the utility provider, as well as determining lower rates that better match the City's needs. Pacific Utility Audit specializes in auditing water, sewer, gas, electric, telephone, and trash bills for businesses and properties in California, Oregon, Washington, and Nevada. They have been specializing in this unique area of utility auditing since 1989.

PUA is the only utility auditing company on the West Coast that conducts on-site inspections of a client's properties. Half of all utility billing errors they find are identified in the field. Their field teams locate every utility meter billed to verify that it belongs to their client, its use, size, multiplier, lumen rating, etc., and whether it is being billed correctly.

In this agreement, PUA will review the City's utility accounts and perform field inspections to identify any overcharges, whether current or past bills. PUA will then create the required documentation to negotiate with the relevant utility company or companies, aiming to eliminate these overcharges and secure refunds, credits, or adjustments for previous overcharges and 1 4
8 6
corrections for future cost savings. The City agrees to compensate PUA with fifty (50) percent of all recovered overcharges in the form of refunds or credits. If PUA successfully reduces the City's future utility bills during the contract term, the City agrees to pay PUA fifty (50) percent of the utility savings for a thirty-six-month period, starting from when the savings first appear on the City's bills.

The City paid over $3,000,000.00 in utility bills last year, so any savings identified could positively impact on the operating budget. It was determined on February 24, 2023, that this agreement with PUA is a sole source award. Staff recommends that the Council authorize the City of Lancaster to enter into a Professional Services Agreement for Utility Auditing Services.

ACCOUNT ACCOUNT DESCRIPTION BUDGET
101.60.6300.000.5804. ELECTRIC $ 964,867.00
101.60.6300.121.5804. ELECTRIC $ 63,320.00
101.60.6300.123.5804. ELECTRIC $ 24,893.00
101.60.6300.126.5804. ELECTRIC $ 30,282.00
214.20.2600.000.5804. ELECTRIC $ 21,025.00
214.40.4200.000.5804. ELECTRIC $ 155,000.00
314.20.2200.000.5804. ELECTRIC $ 776.00
420.40.4300.000.5804. ELECTRIC $ 7,000.00
421.20.2600.000.5804. ELECTRIC $ 96,485.00
423.40.4300.000.5804. ELECTRIC $ 7,300.00
424.40.4300.000.5804. ELECTRIC $ 61,000.00
501.40.4200.000.5804. ELECTRIC $ 60,000.00
101.60.6300.000.5803. GAS $ 166,999.00
101.60.6300.121.5803. GAS $ 22,655.00
101.60.6300.123.5803. GAS $ 14,737.00
101.60.6300.126.5803. GAS $ 22,244.00
314.20.2200.000.5803. GAS $ 500.00
101.60.6300.000.5802. WATER $ 630,000.00
101.60.6300.121.5802. WATER $ 4,752.00
101.60.6300.123.5802. WATER $ 4,672.00
101.60.6300.126.5802. WATER $ 15,068.00
214.20.2600.000.5802. WATER $ 188,289.00
214.40.4100.000.5802. WATER $ 17,198.00
314.20.2200.000.5802. WATER $ 4,500.00
420.40.4300.000.5802. WATER $ 5,974.00
421.20.2600.000.5802. WATER $ 580,858.00
423.40.4100.000.5802. WATER $ 361.00
423.40.4300.000.5802. WATER $ 2,730.00
HA:sm
Attachments:
1 4
8 6
Professional Services Agreement
Exhibit A - Citywide Utility Auditing Services Scope of Work Rev 1/2019

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT FOR CONSULTING SERVICES (this “AGREEMENT”) is made and entered into this 10th day of January, 2024, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and Pacific Utility Audit, Inc. (the “CONSULTANT”).

RECITALS
WHEREAS, OWNER desires to engage CONSULTANT to perform certain technical and professional services, as provided herein, identified as:

CITYWIDE UTILITY AUDITING SERVICES
WHEREAS, the principal members of CONSULTANT are qualified and duly registered/licensed under the laws of the State of California, and CONSULTANT desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:

1.Parties.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster.

B. CONSULTANT: Pacific Utility Audit, 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.

OWNER Jason Caudle, City Manager
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Erin Kelly, Director Of Operations
Pacific Utility Audit, Inc.
20865 State Route 88, Suite A
Markleeville, CA 96120-9556

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.

Rev 1/2019

4.Incorporation by Reference. The CONSULTANT’S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONSULTANT agrees to comply with all of the requirements set forth therein.

5.Precedence of AGREEMENT Documents. If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT
Second: The CONSULTANT’S Proposal

6.Description of Work. OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services set forth in the “Scope Of Work” attached hereto as Exhibit “A”. CONSULTANT shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in the Scope Of Work. The City Manager or his or her 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 or her designee.

7.Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONSULTANT for all work and services described in the Scope Of Work in an amount to be determined by audit findings that have been accepted by authorized City staff. CONSULTANT’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “A” attached hereto and made a part hereof.

8.Obligations of the CONSULTANT.

A. CONSULTANT shall perform as required by this AGREEMENT.

CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

9.Payment of Prevailing Wage.

These rates are on file with the OWNER and copies will be made available to any interested party upon request.

Rev 1/2019
Section 1777.5, as amended, requires the CONSULTANT or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.

The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or (B) When the number of apprentices in training in the area exceeds a ratio of one to five; or (C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (D) When the CONSULTANT provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The CONSULTANT and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

10.Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.

11.Hold Harmless and Indemnification. CONSULTANT agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONSULTANT’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONSULTANT agrees to defend OWNER, it elected officials, officers, employees, and volunteers, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees.

12.Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the City Manager, or his or her designee, and CONSULTANT.

Rev 1/2019

13.Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONSULTANT 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. CONSULTANT will take affirmative action to ensure 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.

14.Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONSULTANT will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

15.Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONSULTANT, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONSULTANT fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or (2) If CONSULTANT 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, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONSULTANT to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONSULTANT. Upon such termination, CONSULTANT shall be paid an amount equal to the contract amount, less the cost of hiring another CONSULTANT to complete CONSULTANT's services. In the event no new CONSULTANT is employed, CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in Rev 1/2019
progress, complete and incomplete drawings, and other documents whether delivered to OWNER or in possession of CONSULTANT, and authorized reimbursement expenses.

16.Independent Contractor. CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONSULTANT is an independent contractor.

17.Insurance.

A. (1) The CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this AGREEMENT not less than 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:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Broad Form Property Damage
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident $2,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
Professional Liability
Each Occurrence $2,000,000
General Aggregate $1,000,000
B. For General Liability insurance 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 Auto coverage shall be at least as broad as ISO form CA00 01.

C. The CONSULTANT’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.

Rev 1/2019
D. A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and a copy of the endorsement must accompany the certificate.

E. Any deductibles or self-insurance retentions must be declared and approved by the OWNER. At the option of the OWNER, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

F. All insurance shall be primary and non-contributory as respects the OWNER insured entities. Any insurance or self-insurance maintained by the OWNER insured entities shall be in excess of the CONSULTANT’S insurance and shall not contribute with it.

G. The coverage provided under this AGREEMENT shall not contain any special limitations on the scope of protection afforded to the OWNER insured entities.

H. Insurance provided and maintained by CONSULTANT must be placed with insurers with a rating of A-, VIII or better by Best’s Key Rating Guide, latest edition.

I. Insurance written on a “claims made” basis must be renewed for a period of five (5) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover CONSULTANT for all claims made by the OWNER insured entities arising out of any acts or omissions of CONSULTANT or its officers, employees, or agents during the time this AGREEMENT was in effect.

J. CONSULTANT shall furnish the OWNER with Certificates of Insurance and with original endorsements effecting coverage required by this AGREEMENT. The certificates for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the OWNER before work commences.

The OWNER reserves the right to require complete, certified copies of all required insurance policies at any time.

K. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the OWNER insured entities.

L. Certificates of Insurance must be deposited with the OWNER for all coverage required by this AGREEMENT. Certificates 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) by Certified Mail, return receipt requested to the OWNER.
(2) List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:

CITYWIDE UTILITY AUDITING SERVICES
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.

Rev 1/2019
(3) List in the “Certificate Holder” section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

M. CONSULTANT shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONSULTANT.

N. The coverage shall contain no special limitations on the scope of protection afforded to the insured entities. The CONSULTANT’S insurance coverage shall be primary insurance as respects the OWNER’S insured entities.

18.Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its City Manager or his or her designee, has issued the Notice to Proceed.

CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

19.Extension of Time for Completion of Work.

B. CONSULTANT shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.

20.Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

21.Data Provided to CONSULTANT. OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in the Scope of Services.

Rev 1/2019

22. CONSULTANT's Warranties and Representations. CONSULTANT warrants and represents to OWNER as follows:

A. CONSULTANT has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT.

23.Resolution of Disputes.

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.

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.

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.

24.Exhibits. The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope Of Work
Rev 1/2019

25.Governing Law. This AGREEMENT shall be governed by the laws of the State of California.

26.Effective Date. This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes this AGREEMENT.

Rev 1/2019
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
Dated:

PACIFIC UTILITY AUDIT, INC.

By:

Erin Kelly, Director Of Operations
Dated:

ATTEST:

Andrea Alexander, City Clerk
APPROVED AS TO FORM:

Allison E. Burns Esq., City Attorney
CONTRACT SUBMISSION APPROVAL:

Marissa Diaz, Director – Public Works Insurance Approved

EXHIBIT A

CITYWIDE UTILITY AUDITING SERVICES SCOPE OF WORK

1. OBJECTIVES

1.1. PACIFIC UTILITY AUDIT, INC., hereinafter called PUA, will audit the Cit y of Lancaster’s, hereinafter called CITY, Gas, Water, and Electricity utility bills.

1.2. PUA agrees to examine THE CITY’S utility accounts for the purpose of determining OVERCHARGES which may now exist, or have existed on previous billings. PUA will prepare documentation deemed necessary to negotiate with the proper UTILITY COMPANY(S) to have OVERCHARGES removed and to obtain REFUNDS and /or CREDITS for PAST OVERCHARGES, or rate reductions/error corrections for FUTURE SAVINGS.

1.3. THE CITY agrees to pay PUA fifty (50%) percent of all recovered utility overcharge that THE CITY receives in the form of REFUND(S) or CREDIT(S).

Payment shall be due within thirty (30) days from the date the CREDIT first appears on THE CITY’S utility billing or thirty (30) days from receipt of REFUND.

Should payment not be received by PUA within thirty (30) days from the date the REFUND or CREDIT is receive d by THE CITY or is credited on THE CITY’S billing, THE CITY will be considered delinquent.

1.4. In the event PUA is successful in obtaining a REDUCTION in THE CITY’S utility bills, whether by correction of error(s), rate changes, meter changes, changes in billing or any combination thereof, during the contract term, that shall manifest in FUTURE UTILITY SAVINGS, THE CITY agrees to pay PUA fifty (50%) percent of the UTILITY SAVINGS FOR A THIRTY -SIX (36) month period beginning the date the utility savings FIRST appears on THE CITY’S bills. THE CITY agrees to send requested future utility bills to PUA, if necessary, for calculation of fees owed to PUA.

1.5. Should THE CITY’S account become DELINQUENT, PUA may, with proper written notice to THE CITY, demand that all fees earned by PUA are now due and payable. This includes fees for all past, present and future earned fees. THE CITY agrees to pay interest at a rate of 1 1/2% per month on any delinquent account balance.

1.6. The term of this agreement shall be THREE (3 ) year s from the date of acceptance and may be extended thereafter for consecutive ONE (1) year periods by mutual written agreement.

2. SUPPLIER RESPONSIBILITIES (This section is required for all scopes of work.)

2.1. PUA only represents THE CITY on an exclusive utility auditing agency contract.

2.2. PUA is compensated if results are obtained by credit, refund and/or reduction of any future utility bills as a direct result of PUA’s utility audit.

2.3. PUA signs THE CITY on a term contract in the future. PUA is also able t o go back to the ut ility and telephone companies as back as the Statute of Limitations allows for credits, refunds or utility bill reductions.

2.4. There is no case that is ever final. If something new appears with regard to THE CITY’S utility bills, PUA can seek additional
credits, refunds, and future
utility billing reductions during the contract term. The main purpose of monitoring future utility and telephone bills is to make sure that all future bills are correct. Unless there are
specific utility bills tha t PUA nee ds in orde r to
calculate actual utility savings to the CITY as a result of PUA’s utility audit, it is the CITY’S option to continue to send PUA its utility bills each month for review.

2.5. PUA’s technicians and staff spend whatever time is necessary on the utility bills submitted to them by the CITY to obtain
the best results for the CITY. It is
generally 180 days for a Preliminary Utility Analysis report to be completed and sent to the CITY after the start date of the utility audit.

2.6. All telephone and utility bills will be prepared and presented to the utility and telephone companies by PUA’s technicians and staff. All negotiations for recover of overcharges and/or reductions in future utility bills will be handled by PUA’s technicians and staff.

2.7. PUA will conduc t on-site inspections of all CITY properties and associated utility meters.

3. CITY RESPONSIBILITIES (This section is recommended for all scopes of work when the CITY has specific duties or responsibilities related to the scope.)

3.1. THE CITY shall give full coop eration to PUA in completing any forms and providing required information, as well as copies of appropriate documented backup, in a timely manner, including but not limited to utility bills, utility company authorization forms, credit or refund documentation, and/or any related correspondence from whatever source received with regard to the CITY’S utilities.

3.2. PUA expects its THE CITY to pay in a timely manner, within 30 days after billing takes place for utility savings, or within 30 day s after the City’s receipt of a refund or billing credit.

3.3. All utility and telephone bills must be paid at all times by the CITY, even if PUA is representing CITY in a dispute with the utility or telephone company.

3.4. PUA will keep THE CITY apprised of the results it finds on an on -going basis, and summarize its findings in the Preliminary Utility Analysis report, which shall be sent to THE CITY upon completion of the utility audit.

3.5. CITY will provide PUA with permission to conduct on-site inspections of the CITY’S property(s) at mu tually agr eeable dates and times and upon reasonable notice.

3.6. Due to the time interval between the date THE CITY signs the contract, the time that PUA is performing the audit, and the date that PUA can start to invoice THE CITY for any utility savings, the Future Billing Reductions Term of the Business Contract Term starts as soon as the Audit Phase is completed.

3.7. Cooperation from the CITY is required so that PUA can obtain the best possible results in the quickest amount of time, so that no time is wasted by either side.

4. ATTACHMENTS

4.1. Pacific Utility Audit, Inc. Authorization Form
Authorization Form
Dear Sirs:

PACIFIC UTILITY AUDIT, INC. is hereby engaged and authorized to act as agent and consultant for the undersigned in all matters pertaining to our telephone or utility account(s) with your company. We request that your provide PACIFIC UTILITY AUDIT, INC. with billing records, equipment records, service records or any additional information deemed necessary by PACIFIC UTILITY AUDIT, INC. to adequately audit our account(s). This Letter of authorization is valid through .

AGREED:

Signature Title or Position
DATE:

Telephone
APPROVED: “PACIFIC UTILITY AUDIT, INC.” BY:

TITLE:

DATE:

DATE: CUSTOMER:

TO: ADDRESS:

ACCOUNT NUMBER:

PACIFIC UTILITY AUDIT, INC.
(800) 576-1010
[email protected]

INTERNAL MEMO

TO: Ron Hayes, Assistant Manager - Finance

FROM: Mike Harne, Assistant Director – Transportation

DATE: February 24, 2023

SUBJECT: Sole Source/Standardization Purchase Request

The City of Lancaster has determined that a utility audit is necessary to investigate the significant increase to our electricity bills over the last two fiscal years. Additionally, auditing services may be required to investigate other utilities utilized by the City.

Utility auditing is a process that saves money every month by identifying errors and overcharges by the utility provider, as well as determining lower rates that better match the City’s needs. Pacific Utility Audit specializes in auditing water, sewer, gas, electric, telephone and trash bills for businesses and properties located in California, Oregon, Washington and Nevada. They have been specializing in this unique area of utility auditing since 1989.

Pacific Utility Audit is the only utility auditing company on the west coast that conducts on- site inspections of all of client’s properties. Half of all utility billing errors that they find are identified in the field. Their field teams locate every utility meter billed to verify that it belongs to their client, as well as its use, size, multiplier, lumen rating, etc. and whether or not it is being billed correctly. We find that field auditing sets Pacific Utility Audit apart from other vendors. City staff investigated every vendor in California that provides this service, as well as sev eral large nationwide vendors, seventeen (17) in total, and found no other vendor that has field inspections as part of their auditing services. Therefore, we respectfully request to sole source utility auditing services through Pacific Utility Audit.

Signature:

Email:

Signature:

Email:

MH
Michael Harne (Feb 27, 2023 07:52 PST)
[email protected]
RH
RH
Ron Hayes (Mar 1, 2023 09:49 PST)
Ron Hayes
[email protected]

Pacific Utility Audit Memo
Final Audit Report 2023-03-01
Created: 2023-02-24
By: Heather Andrews ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAawyEV58mp41s5tXsIgR9h8xJOs7HtIBc "Pacific Utility Audit Memo" History
Document created by Heather Andrews ([email protected]) 2023-02-24 - 11:23:46 PM GMT- IP address: 216.64.186.226 Document emailed to Michael Harne ([email protected]) for signature 2023-02-24 - 11:24:54 PM GMT
Email viewed by Michael Harne ([email protected]) 2023-02-27 - 3:49:56 PM GMT- IP address: 216.64.186.226 Document e-signed by Michael Harne ([email protected]) Signature Date: 2023-02-27 - 3:52:21 PM GMT - Time Source: server- IP address: 216.64.186.226 Document emailed to Ron Hayes ([email protected]) for signature 2023-02-27 - 3:52:22 PM GMT
Email viewed by Ron Hayes ([email protected]) 2023-03-01 - 5:48:59 PM GMT- IP address: 216.64.186.226 Document e-signed by Ron Hayes ([email protected]) Signature Date: 2023-03-01 - 5:49:23 PM GMT - Time Source: server- IP address: 216.64.186.226 Agreement completed.
2023-03-01 - 5:49:23 PM GMT

STAFF REPORT
City of Lancaster
CC 9
1/9/2024
JC
Date: January 9, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer – PW City Engineering
Subject: Task Order for Multi-Year Professional Services (Service Group Category 1 – Roadway and Structures Engineering) for 2024 Pavement Management Program (PMP) Preventative Maintenance (Reference PWCP 24-006)
Recommendation:

Approve Task Order No. 2 with Pavement Engineering, Inc., in accordance with the Multi-Year Professional Services Agreement, Service Group Category (SGC) 1 - Roadway and Structures Engineering, to provide Design Services for preventative maintenance treatments on approximately 5.75 lane miles in the amount of $150,000.00 plus a 10% contingency; and authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$165,000.00 (including 10% contingency); sufficient funds are available in the Capital Improvement Budget in project string CP12ST052.CONST from GL Account 22049900.8000 and 41449900.8000.

Background:

The 2024 Pavement Management Program (PMP) will include the design and improvement of

5.75 lane miles of streets including:
•Avenue I from 60 th Street West to 70th Street West
•Lancaster Boulevard from Division Street to 10 th Street West •Neighborhood bounded by Avenue L to Avenue L-4 and 27 th Street West to 30 th Street West
On November 7, 2022, the City Council approved Multi-Year Professional Service Agreements with the consulting firms recommended by staff to be pre-qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects.
1 4
8 7
City staff requested proposals for design from nine (9) firms on the Multi-Year Professional Services Agreement List of Pre-Qualified Firms under SGC 1 - Roadway and Structures Engineering. On November 30, 2023, at 9:00 a.m., the City received proposals from four (4) firms for review.

With approval of this contract, the vendor cumulative total for all contracts with the City will increase from $369,935.00 to $519,935.00.

SN/km
Attachment:

Task Order No. 2
TASK ORDER NO. 2
OVER
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES – RFQ 769-22 SERVICE GROUP CATEGORY 1 – ROADWAY AND STRUCTURES ENGINEERING

DATED DECEMBER 2, 2022

BETWEEN

THE CITY OF LANCASTER, "OWNER"
AND
PAVEMENT ENGINEERING, INC. "CONSULTANT"

PROJECT TITLE: 2024 PMP Preventative Maintenance Project (Reference PWCP 24-006)

PROJECT DESCRIPTION: Prepare Plans, Specifications, and Estimates (PS&E)

SCOPE OF WORK: Per Attached Exhibit "1", Scope of Services

PERIOD OF SERVICES: Per Attached Exhibit "2", Schedule

COMPENSATION
FOR SERVICES: Per Fee Schedule - Not to Exceed $150,000.00

"OWNER" "CONSULTANT"

CITY OF LANCASTER PAVEMENT ENGINEERING, INC.

By: By:

Jason Caudle Joseph L. Ririe, P.E.

City Manager President

Date: Date:

Approved by Dept. Head:

APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney

EXHIBIT “1”

SCOPE OF SERVICES

The work to be performed under this task order shall include:

A. Task Order 2 – Scope of Services

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 1 of 14

EXHIBIT 1: SCOPE OF SERVICES

PROJECT DESCRIPTION AND LOCATION

City of Lancaster is looking to resurface approxim ately 5.75 Lane Miles of roads, as part of the 2024 PMP Preventative Maintenance Project. This project will include streets that are candidates for Preventative Maintenance trea tment. The Consultant shall fi nalize Design Base Mapping, provide Final Pavement Recomm endations, possible Tr affic Engineering Se rvices, and provide quantities and other information necessary for th e preparation of plans, specifications and estimates for this project, as part of this Task Order.

PROJECT MAP

The proposed locations for the 2024 PMP Preventative Maintenance Project include the following:

1 - Lancaster Blvd from 10th to Division
2 - Ave I from 70th St W to 60th St W
3 - Neighborhood Bounded by Ave L to W Ave L-4, from 30th St W to 27th St W.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 2 of 14

These project locations shall incl ude approximately 5.75 Lane Miles of roadways that will be improved as part of this project. The City anticipates that the construction work will be performed within the existing street right-of-ways but may include some concrete work including sidewalks, curb and gutter, as identified in the Scope of Work.

One of the primary goals of the road improvements will be to ex tend the life of the roads by 5-7 years, proposed treatments may include a comb ination of strategic preventative maintenance treatments such as implementation of Slurry Seal, Micro-Surfacing, or Thin Maintenance Overlays.

GENERAL SCOPE OF SERVICES AND SCHEDULE

The general scope of services includes:

 Project Management, Progress Meetings and Coordination with City staff o Coordination and Management of Sub-consultants (if any)  Research and Field Investigation
 Utility Coordination, Notices and Letters including with local Bus Services/Routes  Performing Mapping and Surveying Services and prepare PS&E’s in accordance with current City of Lancaster standards, policies and procedures  Civil Plans (PS&E’s)
o Construction Plans
o Striping, Signing and Marking Plans
 Geotechnical Services
 Quality Assurance/Quality Control
 Quantity Sheets
 All other existing documents or studies deemed necessary or requested by the City Milestone tasks and tentative schedule are included in Exhibit 2. City is committed to providing comments on plans within 2 weeks after submittal(s). Please note that approved plans need to be completed, signed and submitted to the City no later than April 1, 2024.

Consultant shall refer to Detailed Scope of Work herein.

ITEMS TO BE PROVIDED BY THE CITY

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 3 of 14

DESIGN STANDARDS AND CONSULTANT EXPECTATIONS

The proposed improvements shall, at a minimum, follow the City of Lan caster Municipal Code and Engineering Design Guidelines Policies and Procedures Manual.

The Consultant shall provide to the City deliverables in hardcopy and electronic format as detailed in the City’s Standards for CAD Deliverables. All drawings shall be prepared in AutoCAD.

Any correspondence between Consultant and City employees, other than the PM, shall be copied same day to the PM as well as in the final deliverables.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 4 of 14

The invoice must include a summary table that deta ils the total contract pr ice, previously paid, current invoice amount, and remaining balance.

DETAILED SCOPE OF WORK

TASK 1 PROJECT MANAGEMENT AND COORDINATION (INCLUDES UTILITY

NOTICES/COORDINATION)

Perform all project management, scheduling, utility notices (Letters A, B & C), quality control, and quality assurance tasks necessary to maintain the project schedule, budget, and a high quality set of deliverables to the City. Consultant will maintain a project schedule and provide weekly project status reports throughout th e duration of the project. Cons ultant shall no tify the Project Manager of any scope, schedule or budget issues that may arise.

Coordination of meetings necessary for the wor k. For purposes of this proposal, please assume that there will have five (5) in-person meetings including:

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 5 of 14

Although the design and construction of these project locations include primarily local road funds, the Consultant shall be responsib le for determining permits requi red to construct the project.

Consultant shall prepare for the City's signature any required permits from State, Federal or other agencies/entities.

Continued coordination throughout th e project with the City is ne cessary including coordination with all utility agencies and AVTA.

The following is a list of the representative utility companies/agencies that shall be contacted (but not limited to):

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 6 of 14

TASK 2 RESEARCH AND GEOTECHNICAL SERVICES

2.1 Research

 Research pertinent record maps, vesting deeds and Assessor Parcel information to compile the boundary lines from a "best fit" combination of these record sources.

 Incidental research.

2.2 Geotechnical

The geotechnical investigation wi ll include field investigation a nd exploration work to obtain representative soil samples and pavement corings for use in pe rforming soil testing and report preparation for the geotechnical analysis of the subsurface material relating to all project excavations and subgrade preparation.

 Coordination with the supervising civil engineer and City of Lancaster staff regarding the scope and schedule of Consultant's work and select location for pavement core

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 7 of 14

 Coordination with the coring co ntractor and traffic control personnel prior to the start of work

 A no fee permit shall be obtained from the C ity of Lancaster prior to the start of geotechnical work.

 Coordination and Clearance with underground se rvice alert prior to the proposed coring and auguring in order to locate potentially affected utilities.

 Traffic Management Services shall be provi ded during the coring in accordance with the latest California MUTCD.

 Perform R-value and soil classification testing on soil samples at each location.

Recommendations shall take into considerat ion any constructability concerns. These considerations are to be included on the report.

Please assume coring will be performed at 500-foot maximum intervals on each location, on each direction.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 8 of 14

 For the purposes of the Task Order, please assume deflection tests will be performed at 100-ft maximum intervals in each travel lane.

TASK 3 MAPPING AND SURVEYING SERVI CES & BASE MAPS (30% PLANS,

TREATMENT SELECTION & ESTIMATE)

3.1 Mapping and Surveying

Consultant shall conduct the design surveyin g necessary for the final engineering work.

All elevations shall be refere nced to the closest found City and County benchmark. Flow line elevations along the gutter will be included to determine the limits of removal for curb and gutter.

Design cross sections shall be pl otted using a 1:4 vertical and a 1:40 horizonta l scale at 50’ intervals to depict proposed and existing elevations and cross slope.

All field survey will be supplemented by GIS information

3.2 Base Map

Develop and/or update an electronic base map of th e selected street areas for both project sites.

City will provide incomplete base maps for one of the two projec t locations. Consultant will be Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 9 of 14

responsible to verify that information is accurate and complete. Base maps shall be compatible with the City's current ACAD system (see CA D Deliverable Standards in Appendix). The development of the base maps shall consist of surveying and drafting plan locations showing existing property lines (ROW to ROW including all approach intersections plus 300' beyond the intersection sites in each dir ection), concrete improvements, drainage lines, all surface and underground utilities, power poles, streetlights, traffic signals, asphalt concrete limits, and striping and signage. Each surveyed feature shall be clearl y labeled or noted by a sy mbol as identified in the field.

The Consultant shall prepare all base maps in accordance with the latest City of Lancaster Engineering Design Guidelines and label all land uses on base maps. Base mapping shall be field verified to ensure base mapping is reflective of existing conditions. Wherever the City guidelines are absent of the latest industry updates, standards or details, Cons ultant shall util ize the latest Standard Specifications and Plans for Public Works Construction (Green Book), the Los Angeles County Department of Public Works Design Sta ndards and Caltrans Standards. Wherever there are conflicts in design standards, Consultant shal l submit a clarification in writing to the Project Manager for direction and approval. In most cases, the more stringent standards shall apply for the design and development of PS&E's.

TASK 4 ENGINEERING PL ANS (60%, 90%, 100% PS&E s)

4.1 General

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 10 of 14

The following plan sheets are anticipated to be included in the design:

a. Title sheet - Includes project information, vicinity map, location map, benchmark, sheet index, and City and utility contact information.

b. Notes - Contains standard City and Engineers notes, legend, and abbreviations.

c. Survey Control - Contains Surveyor's notes and benchmark information, control data, curve and line tables, and plan showing control points and start/end construction labeled in cyan and right-of-way lines labeled in proper colors per City of Lancaster standards. Please contact Tom Aranda of the Capital Program Divi sion for a list of standard plotting colors and settings.

d. Sections and Details - Contai ns typical roadway sections, sheet layouts, and details for work described on the plans.

e. Demolition Sheet - Shows items to be removed, relocated, or protected.

The plan will include the right-of-way clearly marked and adjacent properties identified by parcel number and property owner.

g. Construction Details - Project details will be included as necessary. Details may include pavement section details, drainage detail s, utility relocation details, new utility construction details, etc. for the project desi gn. However, details ma y also include curb return conforms or grading details. In addition, specific design criteria will be provided to accommodate and create safe and ADA compliant pedestrian facilities. Pavement will be designed to the same structure as existing intersection pavements or based on a resulting Geotechnical report R-values and Testing and Traffic Index as provided by the City.

Thermoplastic shall be included for all long ling striping, including but not limited to, lane lines, broken lane lines, double solid lines, and e dge lines. Project li mits to include all Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 11 of 14

required approach striping. For Signs, the size, shape, lettering type and size, colors, and symbols, to specify signs not included in the current manual. A schedule of proposed signs will be shown on the plan. Project limits to include all required approach signing.

i. Final Bid Set - 100% PS&E’s - Final Plans, Specifications and Estimates include 100% plans, stamped and signed for Bid package.

Phases for PS&E’s

(For 30% Plans, see Task 3)

4.2 60% PS&E's

Prior to 30% PS&E’s Consultant shall have met with the City of Lancaster to obtain approval of proposed FINAL treatment selection and project se gments. The Final project segments shall be mapped as per Task 3. After approval of the base plans (30% Plans), the Consultant will produce 60% design documents. The 60% design documents will include preliminary plans, technical specifications, and estimates (i.e., rough order of magnitude, or opinions of probable construction costs). The plans will include hor izontal control and call-outs to sufficiently layout the design elements (plan and profile, survey control, demo plans, curb, gutter, striping/signing/marking plans, affected utilities such as manholes, va ults, handhole boxes, etc., miscellaneous utility improvements and construction details) Consultant shall identify any major dr ainage issues (i.e., low points). Following the submittal and the 60% review, Consultant will arrange to meet with the City to discuss the design comments. The City will provide Consultant with one non-conflicting set of redline mark-up plans. Utility Notification Letter B to be sent with 60% plans to all utilities per Task 1. Engineer's estimate shall be drafted and totaled for City Engineer's review; draft shall follow City's Bid Schedule format (sample to be provided by City).

Due to extended review period for signing and striping plans, first submittal of S&S plans will be when 60% plans are due.

Consultant shall prepare signing and striping plans for arterial streets, according to CAMUTCD and City of Lancaster requirements.

4.3 90% PS&E's
Based on the 60% comments, Consultant will bri ng the 60% design documents to a 90% level of design. The 90% design documents will include plans and estimates for the project. The plans will Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 12 of 14

include necessary horizontal control in addition to vertical grades to layout the design elements, including detailed grades at curb returns, prof iles, details on existing or proposed utilities and sufficient details to construct all the design elements; design documents shall street improvements plans, striping/signing/marking plans and construction details.

TASK 5 DELIVERABLES

Cost of the following deliverables shall include reimbursable costs includi ng but not limited to shipping, supplies, etc.:

5.1 Project Management, Coordi nation and Utility Notices

a. PDF of Kick-off Meeting (1) (Agenda and Minutes)
b. PDF of Scope Acceptance Meeting (Agenda and Minutes) c. PDF of Progress Meetings (3) (Agenda and Minutes for 30%, 60% and 90%) d. PDF of Utility Meetings, Coordination Calls/Emails, Correspondence, Notification Letters (B & C) and all Utility issued record Maps (WORD for Utility Notification Letters) e. PDF copies of Permit Documentation/Correspondence/Notices (if permits necessary) f. PDF and MICROSOFT PROJECT PROFESSIONAL 2016 FOR GANTT CHART of Detailed Project Schedule
g. A disk containing a copy of ut ility contact log and utility notifications/request for information/record drawings research letters.
h. Excel Spreadsheet Report of Affected Utilities for adjustment.

5.2 Research and Geotechnical
Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 13 of 14

5.3 Mapping, Surveying and Base Map (30% Plans)

a. One (1) PDF plot of the topographic mapping/ survey control signed and sealed by a California Licensed Land Surveyor. If the survey and mapping work are more than two (2) sheets, then one (1) electronic copy per the Standards for CAD Deliverable in Appendix I is acceptable.
b. Consultant shall provide to th e City deliverables in hardc opy and electronic format as detailed in the Capital Program Divisions Standards for CAD Deliverables c. A disk containing digital photos taken during the field survey d. PDF copies of all maps/exhibits/data obtained during the course of the survey e. PDF copies of list of APN's .
f. A disk containing copies of all survey records from tie sheets, field books and monumentation recovery notes not issued by City (if recording of monumentation was required during the course of the fieldwork).
g. 30% Plans (demolition, street layout , plan and profile, preliminary striping/signing/markings and any preliminary construction details) h. A disk containing editable AutoCAD files of all legal descriptions , exhibits, and road deeds.
i. Excel Spreadsheet of Centerline and corner tie quantities and locat ions for replacement after construction.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
2024 PMP Preventative Maintenance (Reference: PWCP 24‐006) Exhibit 1, Page 14 of 14

5.4 Plans (60%, 90% & 100% PS&E’s)
a. 60% Plans and Estimates (P&E's) - (3-hard copies)
b. 90% PS&E's (3-hard copies)
c. PDF copy of list of APN's and identification of areas were ROW acquisition will be needed (for 60%, 90% and 100% phases).
d. Excel Spreadsheet of Material Testing Quantities
e. Excel Spreadsheet of Centerline ties and corner record Quantities f. Excel Spreadsheet of Bid Item Quantity Inspection sheets (Breakdown by street segment) g. PS&E's Final Bid Set (100%) - stamped and signed (3-hard copies) h. Consultant shall provide to the City deliverables in hardcopy and electronic format for all items a. through h. described above.

ADDITIONAL SERVICES NOT INCLUDED
Services other than those set forth in this exhibit shall constitute extra services. Extra services include but are not limited to, attendance at meeti ngs other than those included in the Scope of Services, additional plan sheets, topographic surve y, etc. shall be considered additional services and will be performed only with written authoriza tion from the City and for additional fees to be negotiated prior to authorization.

EXHIBIT “2”

SCHEDULE

A. Task Order 2 – Original Schedule

Service Group Category 1 (Reference RFQ 769-22)
Prepare Plans, Specifications and Estimates (PS&E) 2024 PMP Preventative Maintenance
(Reference: PWCP 24-006)
Exhibit 2, Page 1 of 1
E
XHIBIT 2: SCHEDULE
Immediately following selection, the selected Consultant will be notified with a Notice of Intent to Award. Task Order will be processed and executed as soon as possible following selection, and shall be in place prior to Notice to Proceed.

T
o be Submitted with
Proposal
Final Bid Set 100% (Construction, S&S) April 01, 2024
C
ity review periods, as noted in Exhibit 1, are included in this schedule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consultant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

EXHIBIT “3”

FEE SCHEDULE

The Consultant shall maintain separate costs and shall identify the specific costs. The costs under this task order shall include:

A. Task Order 2 – Original Payment and Fees

Service Group Category 1 (Reference (RFQ 769-22)
Prepare Plans, Specifications and Estimates (PS&E) for
2024 PMP Preventative Maintenance (Reference: PWCP 24-006) Exhibit 3, Page 1 of 2
TASK
NO. DESCRIPTION PRICE

1. PROJECT MANAGEMENT AND COORDINATION
(INCLUDES UTILITY NOTICES/COORDINATION)
$14,240.00

2. RESEARCH AND GEOTECHNICAL SERVICES $9,040.00

2.1 Research

2.2 Geotechnical

3. MAPPING AND SURVEYING SERVICES & BASE MAPS
(30% PS&E, TREATMENT SELECTION & ESTIMATE)
$47,620.00

3.1 Mapping and Surveying

3.2 Base Map

4. ENGINEERING PLANS (60%, 90%, 100% PS&Es) $79,100.00

4.1 General

4.2 60% P&E's

4.3 90% PS&E's

4.4 PS&E's for Final Bid Set

5. DELIVERABLES $0.00

5.1 Project Management, Coordination and Utility Notices

5.2 Research and Geotechnical

5.3 Mapping, Surveying and Base Map (60% PS&E)

5.4 Plans (60%, 90% & 100% PS&E’s)
TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
$150,000.00
EXHIBIT 3: PAYMENT AND FEES*
Service Group Category 1 (Reference (RFQ 769-22)
Prepare Plans, Specifications and Estimates (PS&E) for
2024 PMP Preventative Maintenance (Reference: PWCP 24-006) Exhibit 3, Page 2 of 2
TASK
NO. DESCRIPTION PRICE
EXHIBIT 3: PAYMENT AND FEES*

TOTAL COST AMOUNT WRITTEN IN WORDS
One hundred fifty thousand dollars
a. Hours** and Personnel
b. Rate and Personnel
* Hours are for progress tracking purposes only. This is a time and materials not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure. * In support of Exhibit 3, Consultant shall provide two fee grids (in table format), with an itemized breakdown by:

PROJECT FEE GRID AND RATES

CITY OF LANCASTER
2024 PMP PREVENTATIVE MAINTENANCE PROJECT (PWCP 24-006) The Pavement Engineering Inc fee for the work is based on the referenced RFP and our experience with similar projects performed for c lients throughout the State of California.

Our total estimated project fee, excluding optional tasks, is broken down as follows:

PROJECT ENGINEERING & DESIGN SERVICES FEE
Task 1 – Project Management & Coordination $14,240
Task 2 – Research Services $9,040
Task 3 – Mapping & Surveying Services $47,620
Task 4 – Prepare Diagrammatic “For Construction” Exhibits $79,100 Total Estimated Project Fee $150,000
Our fee includes an
swering questions during the bid process and preparing addenda as necessary. The fees will be invoiced on a time and material basis. All fees and costs associated with this project are subject to final negotiation with the City of Lancaster. The following breakdown shows our estimated costs for each portion on the project. The individual fees associated with each task will serve as a guideline for progress payments.

TASK 1 PROJECT MANAGEMENT & COORDINATION
Position Rate Hours Total
Senior Principal Engineer $260 16 $4,160
Senior Associate Engineer $200 30 $6,000
Assistant Engineer $175 16 $2,800
Clerical $80 16 $1,280
Task 1 Total Estimated Fee: $14,240
TASK 2 RESEARCH SERVICES

2.1 Research Existing Condition
Senior Associate Engineer $200 8 $1,600
Assistant Engineer $175 16 $2,800
Engineering Technician $140 24 $3,360
Clerical $80 16 $1,280
Task 2 Total Estimated Fee: $9,040
TASK 3 MAPPING & SURVEYING SERVICES

3.1 Mapping & Surveying
Senior Associate Engineer $200 24 $4,800
Assistant Engineer $175 50 $8,750
Engineering Technician $140 50 $7,000
Estimated Phase 3.1 Total: $20,550

3.2 Base Map
Senior Associate Engineer $200 16 $3,200
Assistant Engineer $175 58 $10,150
Senior Engineering Technician $155 8 $1,240
Engineering Technician $140 40 $5,600
Estimated Phase 3.2 Total: $20,190

3.3 Concept Level Budget Analysis
Senior Principal Engineer $260 8 $2,080
Assistant Engineer $200 24 $4,800
Estimated Phase 3.3 Total: $6,880
Task 3 Total Estimated Fee: $47,620

TASK 4 PREPARE DIAGRAMMATIC “FOR CONSTRUCTION” EXHIBITS

4.1 Prepare Diagrammatic Exhibits (30%)
Senior Associate Engineer $200 8 $1,600
Assistant Engineer $175 24 $4,200
Senior Engineering Technician $155 4 $620
Engineering Technician $140 16 $2,240
Estimated Phase 4.1 Total: $8,660

4.2 Prepare Diagrammatic Exhibits (60%)
Senior Principal Engineer $260 8 $2,080
Senior Associate Engineer $200 60 $12,000
Assistant Engineer $175 80 $14,000
Senior Engineering Technician $155 16 $2,480
Engineering Technician $140 40 $5,600
Estimated Phase 4.2 Total: $36,160

4.3 Prepare Diagrammatic Exhibits (90%)
Senior Principal Engineer $260 4 $1,040
Senior Associate Engineer $200 40 $8,000
Assistant Engineer $175 40 $7,000
Senior Engineering Technician $155 16 $2,480
Engineering Technician $140 24 $3,360
Estimated Phase 4.3 Total: $21,880

4.4 Prepare Diagrammatic Exhibits (100%)
Senior Principal Engineer $260 4 $1,040
Senior Associate Engineer $200 24 $4,800
Assistant Engineer $175 24 $4,200
Senior Engineering Technician $155 8 $1,240
Engineering Technician $140 8 $1,120
Estimated Phase 4.4 Total: $12,400
Task 4 Total Estimated Fee: $79,100

STAFF REPORT
City of Lancaster
CC 10
1/9/2024
JC
Date:January 9, 2024
To: Mayor Parris and City Council Members
From:Rodrick Armalin, Chief of Police
Sonya Patterson, Director – Parks, Arts, Recreation & Community Services

Subject:Adding Chapter 12.28 to the Lancaster Municipal Code relating to Protection of Critical Infrastructure / Wildfire Risk Areas, and amending Chapter 12.04 - Parks and Public Spaces
Recommendation:

1. Adoption of Ordinance No. 1112, adding Chapter 12.28 to the Lancaster Municipal Code relating to the Protection of Critical Infrastructure and Wildfire Risk Areas; and

2. Adoption of Ordinance No. 1113, amending Chapter 12.04 – Parks and Public Places Rules and Regulations.

Fiscal Impact:

None
Background:

In evaluating of current issues that impact the ability to protect City infrastructure and maintain the safety and security of parks and public spaces, staff identified needed additions to the Lancaster Municipal Code.

Ordinance No. 1112 (Chapter 12.28): a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal. Destruction, damage, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, around, or near these locations. The disruption of critical infrastructure can negatively impact the delivery of essential services, including the provision of energy, transportation, water, food, communications, and emergency response services, as well pose a danger to health and wellbeing of the person(s) engaging in these unauthorized activities. 1 4
9 0
The purpose of this chapter is to mitigate the threat of potential causes of destruction and damage to critical infrastructure by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

Ordinance No. 1113 (Chapter 12.04): The parks and facilities have seen a robust increase of community use and rentals, as well as an amplified request for special events and festivals held in public facilities. In addition, the city has seen a rise in unauthorized use, vandalism and crime in our parks and public spaces. In evaluating current issues, staff has identified amendments to Lancaster Municipal Code 12.04 that will strengthen safety and security at City parks and public spaces.

In order to maintain the safety and security of parks and public spaces certain activities are not permitted or authorized in, on, or near parks and public places. The destruction or damage to city park and public spaces, as well as the interference of the delivery of services, are often caused by persons conducting activities that are not permitted or authorized in or near parks and public spaces. Many times, these activities threaten the health, safety, and welfare of the public using or conducting business at these locations. Furthermore, the updates provide city staff and law enforcement the tools to hold those violating rules accountable, and if necessary, remove them from the facility.

At the Lancaster City Council meeting held on December 12, 2023, the City Council approved the introduction of Ordinance No. 1112 adding Chapter 12.28 to the Lancaster Municipal Code relating to the Protection of Critical Infrastructure and Wildfire Risk Areas; and Ordinance No. 1113, amending Chapter 12.04 – Parks and Public Places Rules and Regulations, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
RA:SP
Attachments:

A: Ordinance No. 1112 (Chapter 12.28) – Final Draft Ordinance B. Chapter 12.04 - with redlines
C: Ordinance No. 1113 (Chapter 12.04) - Final Draft Ordinance 1 4865-0060-0972v2/022283-0548
ORDINANCE NO. 1112

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER ADDING CHAPTER 12.28 TO THE LANCASTER

MUNICIPAL CODE RELATING TO THE PROTECTION OF

CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS
WHEREAS, the City Council has determined that a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; and WHEREAS, the City Council has determined that destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and
WHEREAS, the City Council has determined that destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure; and WHEREAS, the City Council desires to mitigate the threat of fire and other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Chapter 12.28 is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit A attached hereto and incorporated herein.

Section 3. Chapter 1.12, section 1.12.020, is hereby amended to read as set forth in Exhibit B attached hereto and incorporated herein.

Section 4. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

Section 5. 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 its final passage. 2 4865-0060-0972v2/022283-0548
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 12 day of December, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the 9 day of January, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
EXHIBIT A-1
4865-0060-0972v2/022283-0548
CHAPTER 12.28

PROTECTION OF CRITICAL INFRASTRUCTURE

AND WILDFIRE RISK AREAS

12.28.010 Findings and purpose.

12.28.020 Definitions.

12.28.030 Prohibited activities.

12.28.040 Summary abatement.

12.28.050 Interference with summary abatement.

12.28.060 Violation—Penalty.

12.28.010 Findings and purpose.

The City Council finds as follows: (1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.

The purpose of this chapter is to mitigate the threat of fire, flood, and other potential causes of destruction and damage to and interference with critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

12.28.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:
“Camp” has the same meaning as “camping” as defined in section 9.34.010B of this code.
“City Manager” means the city manager of the city or his or her designee. “Critical infrastructure” means each of the following:

1. Bridges;

2. Storm drain and other flood control structures or improvements; or

3. Real property or a facility, whether privately or publicly owned, as approved by resolution of the city council, that the city manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

EXHIBIT A-2
4865-0060-0972v2/022283-0548
Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, park facilities designated as evacuation locations by the City Manager, or water sources.
“Debris” has the same meaning as “refuse” as defined in section 13.16.020 of this code.
“Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents. “Facility” means a building, structure, equipment, system, or asset. “Fire prevention official” means the fire chief, a deputy fire chief, the fire marshal, or a fire prevention officer.
“Garbage” has the same meaning as in section 13.16.020 of this code. “Hazardous waste” has the same meaning as in section 40141 of the California Public Resources Code.
“Infectious waste” has the same meaning as in section 17225.36 of title 14 of the California Code of Regulations.
“Shelter” means any City-funded County-funded, State-funded, or privately- funded shelter where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the City’s website.
“Solid waste” has the same meaning as garbage.
“Wildfire risk area” has the same meaning as in section 202 of title 24 of the California Code of Regulations.

12.28.030 Prohibited activities.

A. It is unlawful and a public nuisance for any person to camp at the following locations:

1. Critical infrastructure;

2. Within 25 feet of critical infrastructure;

3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
EXHIBIT A-3
4865-0060-0972v2/022283-0548

4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency- medical-services agencies; or

5. Wildfire risk area.

B. It is unlawful and a public nuisance for any person to store personal property in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:

1. Critical infrastructure;

2. Within 25 feet of critical infrastructure;

3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

5. Wildfire risk area.

C. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment where such activity poses:

1. an immediate threat or an unreasonable risk of harm to any natural person,

2. an immediate threat or an unreasonable risk of harm to public health or safety, or

3. disruption to vital government services.

D. Regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:

1. During regular school hours or within 60 minutes before or after the schoolday or 60 minutes before or after a school-sponsored activity at the schoolsite: within a Safe School Zone as defined in Penal Code section 626;

2. at all times: within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;

3. at all times: in any open space, waterway, or banks of a waterway;

4. at all times: within any transit hub, on any train or bus platform, or along any train tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and

5. at all times: in any park where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted EXHIBIT A-4
4865-0060-0972v2/022283-0548
prohibiting camping that are clearly visible to pedestrians. For purposes of this section, the definition of park does not include open space.

E. This section does not prohibit overnight camping on private residential property with the owner’s consent.

E. Nothing in this chapter prohibits activities of a private property owner or other lawful occupant of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes. Additionally, nothing in this chapter prohibits activities of a private property owner or other lawful occupant if such activities are expressly authorized by any other provision of this code, or any other applicable law, ordinance, or regulation.

12.28.040 Summary abatement.

A. A violation of section 12.28.030 may be abated by the city upon 24 hours prior written notice.

B. Notwithstanding subsection A., above, a violation of section 12.28.030 that poses an imminent threat to public health or safety may be abated immediately or upon up to 3 hours notice if such notice can be provided without increasing the threat to public health or safety.

C. Written notice shall be provided as follows:

1. A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving the applicable minimum number of hours for persons to remove their personal property.

2. The written notice shall include:

Notice that all belongings must be removed from the site within 24 hours.

Notice that no belongings should be left behind and all belongings left behind will be removed by the City.

Notice that the City will post an Impound Notice if belongings are stored during the clean-up process.

Advisory that if individuals wish to minimize the risk of losing valued belongings, they should try to keep those belongings their your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

Advisory that individuals who believe their belongings were stored, can claim them by following the directions on the Impound Notice after the clean-up is complete.

EXHIBIT A-5
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Advisory that information about how to claim belongings is also available on the City’s website. Individuals may retrieve any stored belongings without being asked about their criminal background or outstanding warrants.

Individuals may access shelter or services, including access to storage for their personal belongings, through the City of Lancaster’s website.

2. After 24 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean- Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.

3. The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:
a. When shelter is available, the City Manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.
b. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
c. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the location designated by the City Manager and identified on the Impound Notice for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this Division.

4. The City Manager shall document the abatement process as follows:
a. photograph or video record the site before any abatement begins, b. open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage,
c. set out items contained in bags or suitcases and photograph the items,
EXHIBIT A-6
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d. photograph or video record all items to be stored,
e. photograph or video record the cleanup process, and f. photograph or video record the site after abatement has concluded.

5. Unclaimed items found in abatement shall be eligible for storage if:
a. circumstances indicate that the item belongs to a person, b. the item has apparent utility in its current condition and circumstances, and
c. the item can be safely retrieved from the site.

Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition.

An item need not be in a new or perfect condition to have apparent utility.

6. An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
a. hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
b. likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; c. practically un-storable, due to large size, weight, or other similar characteristic;
d. contraband or stolen; or
e. is on the City Manager’s current list, published on the City’s website, of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.

7. The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused.

8. After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the City’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person EXHIBIT A-7
4865-0060-0972v2/022283-0548
may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.

B. Abatement pursuant to subsection A may include, but is not limited to, removal of personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

C. Regardless of the city’s authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain their property in compliance with local, state, and federal law; and is liable for violations thereof.

D. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in chapter 8.28 of this code.

12.28.050 Interference with summary abatement.

No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.

12.28.060 Violation—Penalty.

A. Violations of this chapter are hereby declared to be a public nuisance.

B. Any person who violates a provision of this chapter is subject to an administrative citation pursuant to Chapter 1.16 in an amount as set forth in Chapter 1.12, section

1.12.020, for each day the violation continues.

C. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

EXHIBIT A-8
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EXHIBIT B
CHAPTER 1.12, SECTION 1.12.020

GENERAL PENALTY

1.12.020 - Penalty for violation.

A. Misdemeanors. Any person convicted of a misdemeanor under the provisions of this code, is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Los Angeles County Jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Infractions. Any person convicted of an infraction under the provisions of this code, is punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

C. Continuing Violations. Each day or any portion thereof that a person violates any provision of this code, including without limitation, the maintenance of a building, structure or use in violation of this code, shall constitute a separate offense.

D. Any person convicted of a misdemeanor or infraction under the provisions of the code sections set forth in the following fee schedule, is punishable by a fine not exceeding the penalty amounts or community service hours set forth in the following fee schedule. All other violations not set forth in the fee schedule below shall be punishable by a fine or community service hours in an amount to be adopted by ordinance of the city council.

FEE SCHEDULE
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

12.28.030; Ch. 12.28 Endangering Critical Infrastructure $25
$75
$150
2 4
8 9.48.050(B)(1); Ch. 8.20 Littering
$100
$200
$500
4 8
12 9.48.050(B)(2); Ch. 8.24 Noise Violations
$100
$200
$500
4 8
12 EXHIBIT A-9
4865-0060-0972v2/022283-0548
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

9.48.050(B)(3); Ch. 8.62 Shopping Cart Violations
$100
$200
$500
4 8
12 9.48.050(B)(4);
Chs. 9.12, 9.16, and 9.18 Loitering Violations
$100
$200
$500
4 8
12 9.48.050(B)(5); Ch. 9.20 Public Alcohol Consumption
$100
$200
$500
4 8
12 9.48.050(B)(6); Ch. 9.34 Camping and Lodging Violations $25
$75
$150
2 4
8 9.48.050(B)(7); Ch. 9.36 Aggressive Solicitation Violations $100
$200
$500
4 8
12 9.48.050(B)(8); Ch. 12.04 Violations of Park Rules
$50
$100
$200
4 8
12 9.48.050(A)
Any misdemeanor offense as set
forth in the California Penal Code,
Business & Professions Code,
Health & Safety Code, Vehicle
Code, or other state code, provided
such offense does not involve a
battery, assault, or other offense
related to physical attack or injury
on a person
$100
$200
$500
4 8
12 8.30.060(A) Grass taller than 8"
$50
$100
$200
4 8
12 8.30.060(B)
Landscape materials or areas
infested
with insects, disease or vermin
$100
$200
$500
4 8
12 EXHIBIT A-10
4865-0060-0972v2/022283-0548
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

8.30.060(C) Dead or dry plant material
$100
$200
$500
4 8
12 8.30.060(D)
Overgrown plant that prohibits
pedestrian or vehicular travel or
visibility on public street or
sidewalk
$100
$200
$500
4 8
12 8.30.060(E) Trees or shrubs with dead limbs and
Branches
$100
$200
$500
4 8
12 8.30.060(F) Numerous or large areas of bare dirt
within lawns.
$50
$100
$200
4 8
12 8.30.060(G) Planter or lawn areas containing a
significant number of weeds
$50
$100
$200
4 8
12 8.30.060(H)
Broken or improperly adjusted
irrigation systems resulting in
significant or continuous spray,
spillage or flow or water onto
adjacent
property, public streets or
continuous pooling or ponding of
water either on
or off site
$100
$200
$500
4 8
12 8.30.060(I)
Accumulation of large amounts of
plant material debris such as leaves,
pulled weeds, grass clippings, or
branches that are not being used for
mulching or composting purposes
$100
$200
$500
4 8
12 8.30.060(J) Inoperative backflow prevention
device on irrigation system
$100
$200
$500
4 8
12 EXHIBIT A-11
4865-0060-0972v2/022283-0548
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

5.04.290; Ch. 5.04; Article
I Business Licenses
Failure to obtain business license or
other violation of Ch. 5.04; Article I
Business Licenses
$100
$200
$500
4 8
12 5.04.210-240; Ch. 5.04;
Article II Peddlers and
Vendors
Failure to comply with Ch. 5.04;
Article II Peddlers and Vendors
$100
$200
$500
3 6
9 5.04.270-280; Ch. 5.04;
Article IV Registration of
Secondhand Purchases
Failure to comply with Ch. 5.04;
Article IV Registration of
Secondhand Purchases
$100
$200
$500
4 8
12 5.04.520; Ch. 5.04; Article
V Sidewalk Vendors
Failure to comply with Ch. 5.04;
Article V Sidewalk Vendors; subject
to 5.04.530
$100
$200
$500
4 8
12 Chapter 12.04 - PARKS AND RECREATION AREASPUBLIC PLACES RULES AND

REGULATIONS

12.04.010 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"“Alcoholic b everage"” m eans a lcohol, s pirits, l iquor, w ine, b eer a nd e very l iquid o r s olid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or combined with other substances. "“Amplified s ound"” m eans s ound p rojected a nd t ransmitted b y e lectronic e quipment, including amplifiers.
"“Amplified speech "” means speech projected and transmitted by electronic means. "“Buildings"” means those structures or any portion thereof under the management of the city and made available for the use of permittees, including parking areas. "“City"” means the city of Lancaster.
"“City m anager"” m eans t he c ity m anager o f t he c ity o f L ancaster, o r a d esignated representative to act in his/her place.
"
“Code” means the Lancaster Municipal Code .
“Commercial Use or Enterprise” means any use of a park, public or facility amenity for or in connection w ith a ny m oney-making v enture, w hether o r n ot s uch v enture i s p rofitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park operations, facility use, or visitor safety , such as fitness clubs, exercise groups, sports c amps a nd i ndividual s ports l essons; p rovided, h owever, t hat f undraising a ctivities conducted by a nonprofit organization, recognized as such by the state of California, shall not be deemed to be a commercial use.
“Designated representative "” means a person appointed by the city manager or the city council to act as a representative.
"“Director"” m eans t he d irector o f t he c ity o f L ancaster p arks, arts, recreation a nd artscommunity services department or a designated representative to act in his/her place. "Facilities" or "area" means city-owned or leased property, improved or unimproved city park and park amenities.
"
“Dog park” means an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off-leash.
“Festival” m eans a s pecial e vent w hose p rimary p urpose i s t o p resent m ultifaceted a rts, cultural, or recreation-based experiences. In addition, the event set-up and take-down typically occurs on days other than the event day (s). Festivals ty pically include elements such as activity demonstrations, d ance, f estival m erchandise s ales, f ood a nd b everage s ales a nd s ervice, hands-on activities, music, theatrical performances, and/or visual art exhibitions. “Fundraising w alks a nd r uns” m eans s pecial e vents w hose p rimary p urpose i s t o r aise awareness and/or funds for specific social or health issues. “Motor vehicles” means any multi-wheeled, treaded or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a “motorized recreations vehicle.” “Narcotics and controlled substances” manes those narcotics and drugs listed or defined in the California Health and Safety Code as may be amended from time to time. “Obstruct pedestrian or vehicular traffic” means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or vehicle, or to require another person or driver to take evasive action to avoid phy sical contact. “Parks"” means all grounds, roadways and lands acquired by the city or any area thereofincludes every park, water park, plaza, skate park, playground, trail, preserve, swimming pool, court, field, g reenbelt/greenway, f acility a menity o r o ther r ecreational f acility, t ogether w ith a ny accompanying parking lot or staging area, to which the public has a right of access and use for park o r r ecreation p urposes a nd w hich i s owned, managed or controlled by the cityCity and under the jurisdiction of the City Manager.
"
“Park and facility amenities” means and include, without limitation, playground and exercise equipment, benches, picnic tables, public art, structures, fountains, walls, fences, gates, trees, monuments, signs, play ing surfaces, railings and backstops in a park. “Permit"” means a document that authorizes use of parks, equipment or building as provided for and defined within city ordinances.
"“Persons"” m eans i ndividuals, g roups, o rganizations, a ssociations, p artnerships, f irms a nd corporations.
"
“Preserve” means improved or unimproved natural land that is owned, used, or maintained by the C ity, w here d evelopment a ctivity i s l imited i n a n e ffort t o m aintain n atural a reas a nd protect sensitive habitat, and not designed or intended for games and other recreational activity that typically occurs at a park.
“Trails” m eans a ny p ath, t rail, f irebreak r oad, o r f ire p rotection r oad l ocated w ithin a p ark, public place, or open space area and designated by the City Manager for public use. “Public p laces” m eans a ny p roperty, i mproved o r u nimproved, i ncluding b ut n ot l imited t o public b uildings, m useums, t heaters a nd o ther f acilities o wned o r l eased b y t he C ity, a nd includes p ublic p arking l ots, g arages, p ublicly-owned d rainage c ulverts a nd b asins, a nd publicly-maintained landscaped areas. Public places also includes any public right of way or area of public property open to the public such as public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, staircases or passageways that are open to vehicular, bicy cle or pedestrian traffic.
“Section"” m eans a s ection o f t his p art u nless s ome o ther s tatute o r p olicy i s s pecifically identified.
"“Shall"” means mandatory; "“may"” means permissive.
(Prior code § 4-1.68)
“Special event”/large community event” means a large event that has any noise exceeding the City’s noise ordinance; uses any street, sidewalk, or other right of way; needs police and/or fire regulations, monitoring and/or control; occurs for more than one day; generates crowds of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicle traffic or use of City parks or public places; has a greater impact on a park or public place and neighboring community than casual or intended park use; and/or has parking needs that will exceed the capacity of the venue; requires external infrastructure to support the event, such as bleachers, portable toilets, soundstages, tents.

12.04.020 - Authority and enforcement.

The elected city council authorizes the city manager to implement and administer the policies, ordinances and regulations contained therein. Whenever a power is granted to or a duty imposed on t he c ity m anager, t he p owers m ay b e e xercised o r t he d uty p erformed b y a d esignated representative o f t he c ity m anager, u nless t his p olicy e xpressly p rovides o therwise. T he c ity manager shall enforce the provisions of this part.
(Prior code § 4-1.69)

12.04.030 - PeaceEnforcing officer.

City a nd/or L os A ngeles C ounty e mployees w ho a re c ertified p eace o fficers, a s w ell a s C ity employees a nd/or c ontractors w ho h ave b een d elegated e nforcement a uthority b y t he C ity Manager pursuant to Chapter 1.08 of this Code, shall have the authority to warn, evict, arrest and cite p ersons w ho v iolate a ny p rovisions o f t he c ity o rdinance. C ity a nd c ounty peace officers shall carry proper identification.
(Prior code § 4-1.70)

12.04.040 - Entry to activities.

The c ity m anager, o r a d uly a uthorized r epresentative, m ay e nter a ny p ark a rea o r r ecreation facility a t a ny t ime t o i nspect t he p remises f or s afety, c ompliance o f u se, h azards, o r o ther reasons deemed necessary by the city.
(Prior code § 4-1.71)

12.04.050 - PowersHours of use and park closure operation.

A.Hours. The use of all public parks and recreation areas within the city limits is prohibited without a permit from the hours of ten (10) p.m. to six (6) a.m.B.Park Closure. The city manager, or a duly authorized representative, may close a park area or recreation facility at any time there is an apparent danger to the persons using the property itself, or for any cause which would provide for the safety and protection of the public. This section may be enforced without concurrence of those individuals or g roups i nvolved i n t he u se o f t he p arks. R emaining i n a n a rea c losed b y t he c ity m anager o r authorized representative is prohibited.
(Ord. No. 990, § 1, 5-14-2013; Prior code § 4-1.72)

12.04.060 person shall not enter, be or remain in any park or in any building in any park between the hours of 10:00 p.m. and 6:00 a.m., or when posted closed or within specific hours, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual park. All persons shall comply with such changed hours. A person shall not park or cause to be parked any motor vehicle in any park or associated p arking f acility d uring s aid c losed h ours, o r w hen p osted c losed o r p osted a s “ no parking.”

12.04.060 - E mergency o r T emporary C losure of Parks, Public Places, and Recreational Areas.

In an emergency or when the City Manager determines that the public interest, public health, public welfare, maintenance purposes, or public safety demands such action, any park, public place, grounds, or recreation area or facility, or any part or portion thereof, may be closed to the public, and all persons may be excluded therefrom until such emergency or need for closure has ceased.

12.04.070 - Use of city equipment by noncity groups.

City equipment is provided for the express purpose of carrying out the city functions. Requests received from noncity local groups or organizations for the use of city equipment shall be made in writing to the city. Such requests may be granted by the city manager provided that such use does not interfere with city operations. Appropriate fees may be charged. (Ord. 724 § 6, 1996; prior code § 4-1.73)

12.04.070 - Exclusion from city areas or facilities.

When in the interest of public health, safety or welfare, it is determined that it is in the best public interest to exclude persons or groups from any city area and/or facility, such action may be taken by the city manager, or his designated representative, subject to appeal to the city council. (Prior code § 4-1.74)

12.04.080

12.04.080 - Obstruction of Access
A. No p erson m ay s it, l ie d own u pon, o r o therwise o bstruct a p ublic s idewalk, s treet, maintained l andscape a rea, c urb, s taircase, b iking o r w alking p ath, o r i n d oorways a nd entrances t o b uildings, o r u pon a b lanket, s leeping b ag, c ardboard b ox, c hair, s tool, o r a ny other object placed upon a public sidewalk, street, maintained landscaped area, curb, staircase, biking o r w alking p ath, o r i n d oorways a nd e ntrances t o b uildings, a s p rovided b y t he Americans w ith D isabilities A ct o f 1 990, P ub. L , N o. 1 01-336, 1 04 S tat. 3 28 ( 1990), a s amended from time to time.*
B. No p erson m ay s it o r l ie d own u pon a p ublic b ench o r o ther s eating f acility t hat i s intended for use by multiple individuals at the same time, in a way that prevents access to the public bench by multiple users at the same time.

C. No person may intentionally sit or lie down and obstruct pedestrian or vehicular traffic in a park or public place.

D. No p erson w ill b e c ited u nder t his s ection u nless t he p erson e ngages i n c onduct prohibited by this section, after having been notified by the City Manager or enforcing officer that the conduct violates this section.

E. The prohibitions i n t his s ection w ill n ot a pply i n t he f ollowing c ases a nd t o t he following persons:

1. If such sitting or lying is necessitated by the physical disability of such person.

2. Such person is viewing a legally conducted parade.

3. Persons who involuntarily or unavoidably sit or lie down in a park or public place due to circumstances beyond the person's control, including, but not limited to, a medical emergency.

4. Persons w ho, a s a r esult of a disability, utilize a wheelchair, walker, or similar device to move about the public sidewalk or other public walkways and paths.

5. Persons o perating o r p atronizing a c ommercial e stablishment c onducted on t he p ublic s idewalk, p ursuant t o a n a pplicable v alid C ity p ermit o r approval; o r p ersons p articipating i n o r a ttending a p arade, f estival, performance, rally, demonstration, meeting, or similar event conducted in a park or public place.

6. Any conduct in parks or public places that are privately owned where such conduct is in conformity with permission granted by the owner or person in possession and control of such premises.

7. Any conduct that is in conformity with the terms of any permit or other approval granted, pursuant to this code or City policy.

8. Any conduct that constitutes lawful activity protected under the laws of the State of California or by the United States Constitution, including, but not l imited t o, p eaceful p rotesting, p icketing, d emonstrating, s ignature gathering, voter registration, or leafleting.

12.04.090 - Exceptions.

The provisions of this chapter do not apply to the operation of city-owned or operated vehicles or personnel who engage in official city business.
(Prior code § 4-1.75)

12.04.090

12.04.100 - Liability.

All persons to whom a use permit is granted must agree in writing to hold the city harmless and indemnify city from any and all liability for injury to persons or property occurring as the result of the activity sponsored by permittee, and said persons shall be liable to the city for any and all damages to parks, equipment and buildings owned or controlled by city which result from the activity or permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his own risk without liability on the part of the city for any injury to persons or property resulting therefrom.

When an association or organization which carries public liability insurance requests the use of c ity f acilities, o r w hen t he c ity i s i nvolved w ith s cheduling a nd/or c oordinating t heir activities, a c ertificate o f c o-insurance n aming t he c ity a s a n a dditional i nsured, w ith t he additional insured endorsement, must be filed with the city fivefourteen days prior to the first day of use of facilities involved. The city may require proof of liability insurance with limit of bodily injury and property damage of not less than one million dollars ($1,000,000.00) and a certificate o f c o-insurance f or a ny g roup w hen i t i s d etermined t hat t he p lanned a ctivity i s judged to be other than a low risk activity .
(Prior code § 4-1.76)

12.04.100

12.04.110 - Damage to buildings, facilities and equipment.

Individuals o r g roups c ausing d amage t o a ny b uilding, g rounds, f ixtures, f urniture o r appurtenance shall be required to reimburse the city for all costs involved to restore the building, grounds, fixtures, furniture or appurtenance to its original condition. Such individuals or groups shall be subject to refusal of use in the future.
(Prior code § 4-1.77)

12.04.110

12.04.120 - Vandalism.

Persons causing vandalism, or parents of persons under the age of eighteen (18), will be held financially responsible for the full amount of damages, or the maximum allowed under the California Civil Code, Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the California Penal Code, Section 594, referring to malicious mischief, are applicable. (Prior code § 4-1.78)

12.04.120

12.04.130 - Security.

To ensure proper use and control of facilities and equipment, a security guard may be required when an event is the major use of a facility. Additional security measures may be required to protect the general public and city property.
(Prior code § 4-1.79)

12.04.130

12.04.140 - Disturbing the peace (as defined in the California Penal Code , Section 415).

It is unlawful for a person to do any of the following within a park:

A. A.Fight or challenge another person to fight; B.

B. Use offensive words which are likely to incite imminent lawless action; C. or C. Maliciously a nd wilfullywillfully d isturb a nother p erson b y l oud a nd u nreasonable noise, p rovided h owever, w here t he n oise i s a r esult o f c ommunications m ade i n a loud manner, t he c ommunication s hall b e u nlawful o nly w here i t i s l ikely t o i ncite i mminent lawless action, or where the communication is not intended as such but is merely a guise to disturb persons.
(Ord. 699 § 1, 1995: prior code § 4-1.80)

12.04.140

12.04.150 - Application for use.

A. The city manager shall reserve the right to grant or deny all applications for the use of parks or buildings within the city. Unless waived by the city manager, all applications for use of city parks or buildings shall be signed by an adult twenty-one (21) years of age or over who shall be responsible for compliance with the terms of the permit.

B. Requests for use shall be made a minimum of fourteen (14) day s and a maximum of six months prior to the date of requested use. Exception: Alcoholic beverage permits must be made i n p erson a m inimum o f n inety ( 90) d ays p rior t o t he e vent. P ermits f or a s pecial event/large community event, festival, or fundraising walk/run must be made a minimum of one hundred twenty (120) days prior to the event.

C. Denial of an application shall be based on the following criteria:

1. When a building or a park with the required capacity for the proposed activity is not available;

2. Refusal by an applicant to agree in writing to conditions of the permit;

3. Failure of an applicant to file an application in sufficient time for administrative review;

4. The failure to provide the required number of personnel to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity ;

5. The filing of more than one application for the same facility at the same time.

Under these circumstances, the city manager will give consideration to the application first received and the schedule of priority classification;

6. When usage of facility may damage, destroy or detract from the city property and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park;

7. Record of applicant or event not comply ing with regulations of this chapter. (Prior code § 4-1.81)

12.04.150

12.04.160 - Priority of use.

A. Use o f f acilities i s b ased o n p riority r anking. G roups r anked a t a l ow p riority m ay b e subject t o r escheduling w ith t hirty ( 30) d ays' w ritten n otice; i n t hat e vent, t he c ity w ill attempt to relocate the group to another city facility.

B. Group priority rating shall be as follows:

1. City o f L ancaster a nd c ity p arks, arts, recreation a nd artscommunity s ervices department sponsored activities;

2. Other governmental agency meetings open to the public;

3. Youth, f amily o r a dult c ommunity r ecreation a ctivities o pen t o t he g eneral public, sponsored or conducted by recognized community organizations;

4. Groups conducting recreation activities open to only their own members (closed meetings);

5.Nonrecreation N on-recreation u se, s ervice o rganizational m eetings, o r r estricted activities not open to the general public;

6. Religious, sectarian or political groups;

7. Commercial use for financial gain;

8. Out-of-city groups (fifty-one (51) percent of participants do not reside or work within the city limits).
(Prior code § 4-1.82)

12.04.160

12.04.170 - Revocation of permit.

Permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. Said permit may be revoked by the city manager with or without notice to the persons to whom the permit was issued. (Prior code § 4-1.83)

12.04.170

12.04.180 - Right of appeal.

An a pplicant m ay a ppeal t he d ecision o f a c ity r epresentative r egarding p ark a nd b uilding permits. The applicant must file such appeal through the following appeal process: first, appeal through the director; second, appeal through the city manager; third and final appeal is made to the c ity c ouncil f ollowing t he u niform a ppeal p rocedurean i ndependent h earing o fficer i n accordance with the procedures set forth in Chapter 8.28 of this Code. (Prior code § 4-1.84)

12.04.180

12.04.190 - Permit.

The application for a permit shall include, but not be limited to, the following information:

A. Name o f t he a pplicant, t he s ponsoring o rganization(s), a nd n ame o f t he p erson i n charge of the proposed activity ;
B. Address and telephone number of applicant(s);
C. Park or building being applied for and the area involved; D. Starting time of the proposed activity ;
E. Finishing time of the proposed activity ;
F. Number of persons expected;
G. Additional c ity p ersonnel o r i tems r equested, s uch a s t ables, c hairs, a nd a ssociated equipment;
H. Nature o f t he p roposed a ctivity o r a ctivities, i ncluding e quipment a nd v ehicles to be brought i nto t he p ark, d uration a nd n ature o f t he u se o f a ny a mplified s ound w hether sound, or speech;
I. Fees charged and money s collected for the proposed activity ; J. Individual(s) who will receive money s collected and purpose for money ; K. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required.
(Prior code § 4-1.85)

12.04.190
L. Application fee.

12.04.200 - Extended usage.

Facility u sage m ay b e g ranted f or a m aximum o f s ix m onths. R equests f or f acility u sage exceeding s ix m onths a re s ubject t o a dministrative a pproval a nd w ill b e r eviewed e ach s ix months f or c ompliance t o t he c ity p riority s chedule. S cheduled g roups m ay b e s ubject t o cancellation upon thirty (30) days' notice. When cancellation is necessary, the city will attempt to relocate the activity.
(Prior code § 4-1.86)

12.04.200

12.04.210 - Fees and deposits.

Fees a nd d eposits m ay b e l evied t o offset city expenses incurred in providing services. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council.
(Prior code § 4-1.87)

12.04.210

12.04.220 - Use of parks.

The city's reservable areas may be made available for the use of persons and groups subject to the issuance of a permit and the payment of fees therefor. Use of any park for pre-advertised assemblies may not be made without the issuance of a permit. All applications for use of any park m ust b e s igned b y a n a dult t wenty-one ( 21) years o f a ge o r o ver w ho s hall a gree t o b e responsible for said exclusive use.
(Prior code § 4-1.88)

12.04.220

12.04.230 - Use of recreation centers, picnic facilities and athletic fields.

Recreation c enters, r eservable p icnic f acilities, a nd a thletic f ields w ithin t he c ity's p arks, a re available for the use of persons and groups subject to the issuance of permit and payment of fees thereof. All applications for use must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said use. No use permit shall be granted if there is a conflict with a prior reservation.

A. Any request which will place a major impact on a given facility will be subject to the city review process. "“Major impact"” is defined as any activity that impedes the normal use o f m ore t han o ne a rea o f a ny c ity f acility. A ll r equests a re s ubject t o c ity p riority ranking classification (Section 12.04.150). The city reserves the right to cancel a permit or application for a permit upon one week's notice.

B. Applications a re i mmediately r evocable i f f alse s tatements a re m ade i n r eserving a facility, o r i f t he i ndividual o r g roup wilfullywillfully v iolates a ny r ule o r r egulation established b y t he c ity. A pplicants s hall b e r esponsible f or t he c ondition i n w hich t hey leave c ity p remises. I f c ity p roperty h as b een d amaged o r a bused b eyond n ormal w ear, applicants s hall b e r esponsible f or r easonable c osts t o r eplace, r epair o r c lean s uch property.

C. Persons or groups may use any designated reservable or nonreservable facility of any part o n a f irst c ome, f irst s erved b asis; h owever, s uch g roups m ust v acate a ny r eserved facility a t t he t ime a p ermitted group a rrives. Individual p icnic t ables a re a vailable o n a first come, first served basis in all non -reservable areas.

D. No use permit shall be granted for any reservable field before eight a.m. nor beyond one hour before sunset unless the park has appropriate lighting.

E. City personnel will open and close buildings and may be on duty to supervise the use of the facility.
(Prior code § 4-1.89)

12.04.230

12.04.240 - Rental periods.

Minimum building rental periods are based on threetwo-hour increments. The time indicated on the application will reflect the actual facility use time which includes setup, decoration and clean up. Additional time beyond the threetwo-hour block will be charged on an hourly rate. (Prior code § 4-1.90)

12.04.240

12.04.250 - Setup.

Setup, breakdown and basic cleanup will be the responsibility of the group utilizing the facility.

When city personnel are to be utilized for setup, finalized setup sheets must be submitted ten (10) d ays p rior t o t he e vent. C hanges a fter t he f inal s etup s heet i s s ubmitted s hall b e t he responsibility of the user.
(Prior code § 4-1.91)

12.04.250

12.04.260 - Decorations.

Decorations of any building or on any structure are prohibited unless approval is obtained by the user from the city representative.
(Prior code § 4-1.92)

12.04.260 - Sales for profit and solicitation.

No permit shall be issued authorizing the use of any park or building thereof when the activity proposed is to be held for the sole purpose of advertising for sale any product, goods, wares, merchandise, services or event, that is designed to be held purely for private profit; distributing handbills or circulars or posting, placing or erecting any bills, notices, paper or advertising matter of any kind or conducting or soliciting for any trade, occupation, business or profession without first obtaining permission from the city. The city may authorize issuance of such permits on an annual basis for the conduct of such trade, occupation, business or profession when it is compatible with usual park activities and uses, is of convenience or benefit to the park patrons and does not conflict with the business of established concessions. The city manager shall charge a set fee or percentage of sale, fixed by the city council for such permits. A person shall not solicit in any manner or for any purpose, or offer for sale any goods, wares or merchandise, or give or distribute handbills, advertising matter or literature except under the following conditions:

A.When a concession is operating under lease or contract authorized by the city council;B.When the park, or any portion thereof is the location for one event which will not in any way detract from the use of the park by the general public and the proceeds are used for charitable purposes, permission may be granted by the city manager;C.When found by the city manager to be consistent with the policies of the city under conditions prescribed by the city;D.When all necessary fees and deposits have been made.
(Prior code § 4-1.93)

12.04.270

12.04.270 - Interference.

No person shall use, attempt to use or interfere with the use of any facility which is reserved for another person or group holding a permit issued from the city.

12.04.280 - Compliance.

No person shall enter, occupy or remain in any park or building of the city unless compliance with the appropriate regulations set forth in this chapter are adhered to.

12.04.290 - Regulations.

The C ity M anager m ay p romulgate r ules a nd r egulations d eemed n ecessary t o f acilitate implementation of this Chapter.

12.04.300 - Violation—Penalty.

A. It i s a m isdemeanor f or a ny p erson w ithin a n a rea o wned o r c ontrolled b y t he c ity t o knowingly and willfully violate any provision of this chapter, the conditions of any permit issued pursuant hereto, or any rule or regulation relating to parks or buildings.

B. Persons w ho v iolate a ny p rovision o f t his c hapter, c onditions o f a p ermit i ssued pursuant hereto, or any rule or regulation promulgated to implement this chapter may also be issued an administrative citation in accordance with the procedures set forth in Chapter

1.16 of this Code.

C. Any use, activity or condition in violation of the provisions of this chapter constitutes a public nuisance subject to abatement.

12.04.310 - Alcoholic beverages; narcotics and controlled substances.

A. A person shall not enter, be or remain in any park or public place while in possession of t ransporting, s elling, g iving a way o r c onsuming a ny a lcoholic b everage e xcept a t a concession facility which has a contract with the City , or in connection with a special event duly a uthorized b y t he C ity M anager f or w hich t he s ponsoring o rganization i s p roperly licensed by the California Department of Alcoholic Beverage Control.

B. A person shall not enter, be or remain in any park or public place while in possession of, transporting, selling, giving away or consuming any narcotic or controlled substance.

C. A person shall not enter, be or remain in any park or public place while he or she is under the influence of any alcoholic beverage, narcotic or controlled substance.

12.04.320 - Amplified sound.

Except as authorized by the City Manager for specific events and times, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker or other sound-amplifying device in any park or public place, or to otherwise exceed noise levels established by the City, as may be amended from time to time.

12.04.330 - Animals.

A. When prohibited. No person shall bring into any park or public place any cattle, horse, mule, g oat, s heep, s wine, d og, c at, o r o ther a nimal o f a ny k ind e xcept a s h ereafter specifically provided or as otherwise permitted by the City Manager.

B. Facilities i n w hich a nimals a re p rohibited. A nimals a re n ot p ermitted i n a ny i ndoor park, p ublic p lace, f acility a menity, s wimming p ool, p reserve, a nd/or s kate p ark. T his subsection does not apply to service animals for blind or disabled persons.

C. Dogs. Except as provided in Subsection B, a person may bring and maintain in a park or public place a dog, if such dog is kept on a leash or chain with a length not to exceed six feet and is under full control of its owner or custodian, or upon written authorization of the City M anager w hen r equired t o a uthorized p ark o r p ublic p lace p rograms. W ith t he exception of dog parks or dog exercise and/or training areas designated and posted as such, no d og s hall b e a llowed t o g raze o r r un a t l arge w ithin t he b oundaries o f a park. T he presence of a dog in a dog park or dog exercise and/or training area shall constitute implied consent of the owner or custodian of the dog as to the obligation to comply with any rules or r egulations p romulgated r egarding d og p arks a nd d og e xercise a nd/or t raining a reas.

The presence of a dog in a dog park or dog exercise/training area shall constitute a waiver of l iability o n b ehalf o f t he o wner o r c ustodian o f t he d og, t o t he C ity, a s w ell a s a n agreement a nd u ndertaking t o p rotect, i ndemnify, d efend and hold harmless the City for any injury or damage caused by the dog.

D. Removal of dog waste. Any person having the care, custody , possession or control of a dog in a park or public place must remove all fecal matter deposited by his/her dog before the p erson l eaves t he i mmediate a rea w here t he f ecal m atter h as b een d eposited. S uch person shall have in his/her possession the equipment necessary to remove the dog’s fecal matter.

12.04.340 - Off-leash Dog Area Rules and Regulations
The following rules and regulations apply to the use of all off-leash dog areas at City of Lancaster parks:

A. Dogs must be accompanied by persons responsible for the dog(s) who are eighteen (18) years of age or older.

B. Children under the age of six (6) y ears old are not permitted in the dog off-leash areas.

Persons six (6) to seventeen (17) y ears of age must be accompanied and supervised by an adult (18 years of age or older) and shall not run, shout, scream, or otherwise excite or antagonize dogs while in the off-leash areas.

C. Dogs under the age of four (4) months are not permitted in the dog off-leash areas.

D. Dogs must be current on vaccinations and licensing. Dogs must have a current, county issued dog license on display .

E. Dogs that are sick or injured are not permitted in dog off-leash areas.

F. Dogs must be spay ed or neutered to use the off-leash areas.

G. No more than three (3) dogs per responsible person are allowed in the off-leash areas.

H. Dogs exhibiting aggressive or other behavior that jeopardizes human or animal safety are not permitted and are to be immediately removed.

I. If a dog injures a person or another dog, the person responsible for the dog shall immediately provide his/her name and phone number and the dog owner’s name and phone number (if different), to the injured person and City staff.

J. Large dogs (over thirty -five [35] pounds) are permitted only in designated large dog areas, small dogs (under thirty -five [35] pounds) are permitted only in designated small dog areas.

K. A person responsible for a dog(s) shall remove dog feces and shall dispose of it in waste containers for that purpose. I t is the responsibility of each person responsible for a dog(s) to supervise, and clean up after his/her dog(s) to ensure a clean and orderly off-leash area.

L. A person responsible for a dog(s) must remain with his/her dogs(s) in dog off-leash areas at all times. Each dog must be under visual and voice control by the person responsible at all times. Dogs that do not respond to voice commands are not permitted.

M. A person responsible for a dog(s) must stop his/her dog(s) from digging. Any holes created by his/her dog(s) must be filled.

N. When not secured within the enclosure of a dog off-leash area, every dog shall at all times be restrained by a leash no more than six (6) feet in length, held in the hand of a person capable of controlling the dog.

O. No person shall harass, tease, or incite any dog in any way in any dog off-leash areas, including but not limited to, verbal or phy sical gestures or throwing of objects.

P. No food (for people or dogs) is allowed in dog off-leash areas.

Q. No glass containers are allowed in dog off-leash areas.

R. No toys (except toss toy s, such as balls and frisbees) are allowed in dog off-leash areas.

S. Spiked collars on dogs are not permitted in any dog off-leash areas.

T. Bicycles, rollerblades, roller skates, skateboards, strollers, and similar items are not permitted in any dog off-leash areas. Wheelchairs and other aides for the disabled are permitted.

U. Dog trainers are not permitted to use any dog off-leash areas to conduct business.

V. Anyone who abandons an animal any where, including in a dog off-leash area, is subject to a $500 fine and/or up to six (6) months in jail per the California Penal Code Section 597s.

W. Use of dog off-leash areas by any person responsible for a dog(s) shall constitute implied consent of that person to all regulations and shall constitute a waiver of liability to the City, and an agreement to protect, defend, indemnify , and hold harmless the City , its officials, and employ ees for any injury or damage caused by a dog(s) within such dog off-leash areas.

X. The Director may approve additional administrative regulations relating to the use of any dog off-leash areas not inconsistent with this chapter and shall cause those regulations to be posted prominently within the dog off-leash areas.

Y. Any City employee may request anyone who violates these rules or any posted rules to leave the off-leash area and the park.

12.04.350 - Climbing.

No person shall climb any tree, or walk, stand or sit upon monuments, signs, buildings, roofs, railings, fences, gates, backstops, or tables in a park or public place, or upon any park property not d esignated o r c ustomarily u sed f or s uch p urposes i n a m anner i nconsistent w ith t he intended use or design.

12.04.360 - Dumping.

Dumping r ocks, s oil, g rass c lippings, b ranches, l eaves, e quipment, v ehicles, f urniture, furnishings or accessories, or any other item or material is prohibited without first obtaining a city permit.

12.04.370 - Filming.

Filming for commercial purposes is prohibited without a permit issued by the City, and shall be conducted i n a ccordance w ith a ny c onditions i mposed b y t he p ermit a nd/or a ny r ules a nd regulations promulgated to implement the City’s filming policy

12.04.380 - Fire.

No person shall light or maintain any fire unless:

A. In compliance with all applicable rules and regulations of the Los Angeles County Air Pollution District; and
B. He/she first obtains a written permit from the City Manager; and C. Such fire is lighted and maintained only in a barbecue or place provided by the City for that purpose.

12.04.390 - Firearms and weapons.

A. Parks. Possession, discharging or use of firearms, airguns, slingshots, bows and arrows, knives, explosives or incendiary devices is prohibited on park property including any portion of the riding and hiking trails.

B. Public buildings. Except as otherwise provided by federal or state law, no person shall carry a firearm in any public building. This prohibition applies to persons licensed to carry a concealed firearm. The following persons are exempt from this Subsection:

1. Active duty sworn peace officers ;

2. Retired s worn p eace o fficers w ho c arry the requisite identification as set forth in federal law and are in compliance with any and all recertification required by their permitting agency;

3. A security guard or a guard of a contract carrier operating an armored vehicle, when such person is engaged in the exercise of their official duties.

12.04.400 - Fireworks and dangerous objects.

The p ossession o r f iring o f f irecrackers, r ockets, t orpedoes o r f ireworks o n p ark p roperty i s prohibited.

12.04.410 - Golf.

No person shall play the game of golf, including putting by the use of a golf club or clubs or similar instrument to strike a golf ball, in any park, unless as part of an approved or permitted city recreation program.

12.04.420 - Harmful objects.

No person shall place, throw, leave, keep or maintain any object in such a manner or such a place in a park that a person or animal may be injured or any structure, facility amenity, or vehicle may be damaged, except as may be designated by the City Manager for such use.

12.04.430 - Hazardous games.

No person shall operate a motorized or self-propelled model vehicle or participate in activities of a h azardous n ature i n a p ark, i ncluding w ithout l imitation, p ropelling o r l aunching a r ocket, missile, o r p rojectile o f a ny t ype, o r p articipating i n a rchery, o r p laying h ardball i n a ny a rea except as designated and posted for such use.

12.04.440 - Hot air balloons, hang gliders, sky divers.

No person shall operate or land a hot air balloon, hang glider or shall sky dive in a city park without first obtaining a city permit.

12.04.450 - Hunting.

Hunting, shooting, wounding or capturing animals on park property is prohibited.

12.04.460 - Model airplanes, boats, cars , model rockets, drones.

No person shall operate in any park any model airplane, boat, car, craft, drone or other similar device t hat i s p owered b y i nternal c ombustible e ngine, r emote c ontrol, o r o ther s imilar o r electrical p ower s ource e xcept i n a n a rea a nd a t s uch t imes d esignated f or s uch u se. T he foregoing prohibition shall not apply to any drone operated by the City.

12.04.470 - Motor vehicles and parking.

A. No person shall bring to or operate in any park or open space area any motor vehicle, except at such times and such places as permitted by the City Manager in written regulations or permits issued, and any such operation of a motor vehicle shall be in accordance with the conditions of such regulation or permit.

B. Parking. No person shall park any motor vehicle in any park or public place except in areas designed by the City Manager for parking, with the exception of emergency and/or service vehicles authorized by the City.

D. Speed. The speed limit for all vehicles on vehicular way s within a park or public place shall be fifteen miles per hour unless otherwise posted. No person shall operate a motor vehicle in excess of the speed limit.

E. Posted r oads. N o p erson s hall o perate a m otor v ehicle o ver a r oad w hich i s p osted against public use or across which are closed gates. No motor vehicle shall be operated over riding or hiking trails unless permission is posted or a written permit has been issued by the City Manager.

F. Vehicle Code. Enforcing officers, as defined herein, enforce all applicable provisions of the California Vehicle Code in all parks and public places at all times.

12.04.480 - Nudity, disrobing, bathing..

A. No p erson s hall a ppear, b athe, s unbathe, c hange c lothes, d isrobe o r b e i n a ny p ark o r public place in such a manner that the genitals, buttocks, or pubic hair region, or any portion of the breast at or below the upper edge of the areola of any female person, is exposed to public view. This subsection shall not apply to children under the age of five, provided such children are sufficiently clothed to conform to accepted community standards.

B. No person shall bathe, wash or cleanse any portion of the body other than hands and face in park restrooms, drinking fountains or splash pads.

12.04.490 - Overnight camping.

Overnight camping without a permit is prohibited.

A. A.Youth Groups. A permit may be issued to any youth group of a responsible nature allowing the members to camp overnight at a designated location in a park. The members of such group shall be supervised by an adequate number of responsible adults, twenty -one (21) years of age or older. The members of the group and/or adult supervisors in charge of a youth group shall comply with time, location and conditions specified in the permit. Said use shall not interfere with the use of the park or in any way be detrimental to the park. B.

B. Trailers, C ampers a nd, M otor H omes, c ars a nd t rucks. O vernight p arking o f t railers, campers, or motor h omes, c ars o r t rucks i s p rohibited o n p ark p roperty w ithout a c ity permit.
(Prior code § 4-1.94)

12.04.280 - Fire.

Open fires in city parks without a permit are prohibited. No permit shall be issued without a fire permit from the fire department.
(Prior code § 4-1.95)

12.04.290 - Amplified sound.

Amplified sound, whether for speech, music, or otherwise, is prohibited without first obtaining a city permit.
(Prior code § 4-1.96)

12.04.300 - Hot air balloons, hang gliders, sky divers.

The operation or landing of hot air balloons, hang gliders and sky divers is prohibited in city parks without first obtaining a city permit.
(Prior code § 4-1.97)

12.04.310 - Model airplanes, boats, cars or model rockets.

The operation of motor-driven airplanes, boats, cars or model rockets is prohibited on park property except in designated areas and without first obtaining a city permit. (Prior code § 4-1.98)

12.04.320 - Golf.

The use of golf clubs for playing or practicing is prohibited on park property except in designated areas and without first obtaining a city permit.
(Prior code § 4-1.99)

12.04.330 - Dumping.

Dumping rocks, soil, grass clippings, branches, leaves, equipment, vehicles, furniture, furnishings or accessories, or any other item or material is prohibited without first obtaining a city permit. (Prior code § 4-1.100)

12.04.340 - Animals.

Dogs and cats are prohibited on park property unless kept on a leash at all times and under full control of the owner. The removal of feces of animals who defecate on park property is required of the owner or custodian of said animal. Horses, mules, goats, donkeys, or similar animals are not permitted on park property unless granted by permit of the city manager. No animal shall be allowed to graze or run at large within the boundaries of a city park. No animal shall be killed, harmed or removed from any park unless by a city employee during the performance of official duties. (Prior code § 4-1.101)

12.04.350

12.04.500 - Park and public place property, vegetation, wildlife.

No person shall engage in any of the following in any park or public place:

A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit or flower, or any portion thereof;
B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand , or gravel; C. Cut, break, injure, deface or disturb any facility amenity or any portion thereof, or mark or p lace t hereon a ny m ark, w riting, p rinting, o r e tching, o r p lacing o f a ny s ign, c ard, display or other similar device;
D. Hunt, h arm, m olest, k ill o r h arass a ny a nimals o r w ildlife, i ncluding n ests, b urrows, dens, perches, and all features of native habitat and the inhabitants thereof.

12.04.510 - Polluting water.

A. Dishwashing prohibited. No person shall place, wash or cleanse any edible matter, dish or utensil, in any park or public place waters, including but not limited to restroom basins, drinking fountains, pools, fountains, splash pads.

C. Polluting w ater p rohibited. N o p erson s hall p lace t rash, r ubbish, g arbage, l iquids, chemicals or other materials in any park or public waters.

12.04.520 - Prime Desert Woodland Preserve and other preserve areas.

A. No d ogs, h orses, m ule, g oat, s heep, s wine, c at o r o ther a nimal o f a ny k ind s hall b e allowed at a preserve.

B. No open fires shall be allowed at a preserve.

C. With t he e xception o f w heelchairs, s trollers, a nd other mobility assistance devices, no wheeled vehicles of any type are permitted in a preserve.

D. No c amping w ithout p rior w ritten c onsent o f t he C ity M anager s hall b e a llowed a t a preserve.

12.04.530 - Roller skating, skateboards.

A. No person shall use or operate any roller skates or skateboard in any park or public place, with the exception of the designated skating area in Jane Reynolds Park or any other park or area that may be designated and posted for roller skating or skateboarding in the future.

B. Where s kating i s p ermissible, n o p erson s hall u se o r o perate a ny r oller s kates o r skateboard without proper protective equipment.

12.04.540 - Rubbish; disposal.

A. No person shall throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park or public place other than into a garbage can or other receptacle maintained therein for that purpose. No person shall bring into a park or public place any garbage, r efuse, w aste p aper, b ottles o r c ans f or t he p urpose o f d isposing i n a ny s uch receptacle.

B. Where receptacles are not provided, all refuse or trash shall be carried away from the park o r p ublic p lace b y t he p erson r esponsible f or i ts p resence, a nd s hall b e l awfully disposed of elsewhere.

C. No person shall scavenge through or remove any item, including recyclables, from any garbage can or other solid waste receptacle.

D. Glass containers are prohibited in all parks.

12.04.550 - Smoking.

Smoking, v aping, o r o therwise i ngesting t obacco, n icotine d elivery p roducts, o r c annabis i s prohibited in all cityparks and public buildings where posted "No Smoking." (Prior code § 4-1.102)

12.04.360. The use of tobacco, nicotine delivery products, or cannabis in areas adjacent to parks or public buildings shall be in accordance with the provisions of Chapter 8.32 of this Code.

12.04.560 - Soliciting for or Selling Merchandise and Services.

A. Except as provided in Chapter 5.04, Article V of this Code as relates to sidewalk vendors, no park or public place or facility may be used for any commercial use or enterprise in any form unless the City is directly involved as a co-sponsor of an event or project, or the City manager has authorized such commercial enterprise with a written permit. This prohibition includes sales activities that encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the City.

B. Sidewalk v endors s hall c onduct v ending b usiness i n a ccordance w ith o perating a nd location requirements set forth in Chapter 5.04 of this Code.

12.04.570 - Special amusement equipment.

The temporary construction and/or use of amusement play equipment, such as bounce-houses or any i nflatable d evices, c limbing w alls, c arousels, d unk t anks, b all c rawls, p ony r ides, slip-and-slides, laser tag, etc., are prohibited, unless a permit has been issued by the City, the operator of such equipment has provided written indemnification and a certificate of insurance and e ndorsements f rom t he e quipment r ental c ompany n aming the City as additional insured.

Location of such equipment is subject to the approval of the City.

12.04.580 - Stage areas.

No person shall enter upon, cross, use, or occupy an elevated stage area at a park without a City permit.

12.04.590 - Throwing objects.

Throwing missiles, mud, sand, or any object that may cause bodily harm to others is prohibited on park property. Objects safely and reasonably used in the course of recreational activities are exempt from this section.

12.04.600 - Trespassing.

Trespassing i nto a reas d esignated "“No T respassing"” i s p rohibited. T his i ncludes, b ut i s n ot limited to, rooms in city buildings or structures, swimming pools during specific posted hours, fenced control areas such as storage areas, shop areas, holding areas, construction sites, and all other areas posted for protection of property, health, safety or welfare or where damage to body and limb, equipment, fixtures or accessories or property may occur. (Prior code § 4-1.103)

12.04.370 - Motor vehicles and parking.

Motorized vehicles shall not be operated or parked on city property except on designated roadways or within designated markings, without first obtaining a city permit. (Prior code § 4-1.104)

12.04.380 - Posted property.

Motor vehicles shall not be operated over roads which are posted against public use or provided with closed gates. Motor vehicles shall not be operated over riding or hiking trails unless permission is posted.
(Prior code § 4-1.105)

12.04.390 - Alcoholic beverages.

A person shall not enter, be or remain in any park while in possession of, transporting, purchasing, selling, giving away, or consuming any alcoholic beverage except at a concession area duly authorized by the city council and properly licensed.
(Ord. 699 § 3, 1995: prior code § 4-1.107)

12.04.400 - Flora and turf.

Removing or injuring any form of plant life on park property, including the removal of wood, turf, grass, soil, rock, sand and gravel is prohibited except by a duly authorized city employee or authorized contractor in the performance of his/her duties or unless specifically authorized by the director.
(Prior code § 4-1.108)

12.04.410 - Litter, rubbish and glass containers.

Carrying onto any park property any garbage, trash or other refuse is prohibited. Trash generated on the park must be deposited in provided trash receptacles or carried off the park property. Glass containers are prohibited.
(Prior code § 4-1.109)

12.04.420 - Throwing missiles.

12.04.430 - Firearms and weapons.

Possession or discharging of firearms, airguns, slingshots or bows and arrows is prohibited on park property including any portion of the riding and hiking trails. (Prior code § 4-1.111)

12.04.440 - Hunting.

Hunting, shooting, wounding or capturing animals on park property is prohibited. (Prior code § 4-1.112)

12.04.450 - Fireworks and dangerous objects.

The possession or firing of firecrackers, rockets, torpedoes or fireworks on park property is prohibited.
(Prior code § 4-1.113)

12.04.460 - Interference.

No person shall use, attempt to use or interfere with the use of any facility which is reserved for another person or group holding a permit issued from the city. (Prior code § 4-1.114)

12.04.470 - Compliance.

No person shall enter, occupy or remain in any park or building of the city unless compliance with the appropriate regulations set forth in this chapter are adhered to. (Prior code § 4-1.115)

12.04.480 - Violation—Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the applicable sections of the California Penal Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

12.04.610 - Vandalism.

Persons causing vandalism, or parents of persons under the age of eighteen (18), will be held financially r esponsible f or t he f ull a mount o f d amages, o r t he m aximum a llowed u nder t he California Civil Code, Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the California Penal Code, Section 594, referring to malicious mischief, are applicable.

12.04.620 - Exclusion .

Permission t o b e w ithin t he l imits o f a ny p ark, a s d efined b y t his C hapter, o r t o u se a ny facilities, i s c onditioned o n t he p erson p resent i n s aid p ark c omplying w ith a ll a pplicable provisions of this Chapter or any other applicable laws, ordinances, rules, and regulations. A violation of any provision of this Chapter or of any order, rule, or regulation authorized by this Chapter, or of any other applicable law, ordinance, rule, or regulation will result in the person so violating being a trespasser ab initio, and the enforcing officer may cause any such person to be removed or exclude the person from a park in accordance with this Section in addition to any other remedy or penalty.

Nothing in this Section will be construed to authorize the removal or exclusion of any person lawfully engaged in expressive activity protected by the First Amendment to the United States Constitution, o r o ther a ctivity p rotected b y t he U nited S tates o r C alifornia c onstitution.

However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to removal or exclusion.

A. For t he p urposes o f t his S ection, r emoval i s a n o rder given b y t he e nforcing officer, directing a person to immediately leave a park and not return for the remainder of the day .

B. For the purposes of this Section, exclusion is an order given by the enforcing officer, directing a p erson t o i mmediately l eave a p ark a nd n ot r eturn f or t he p eriod o f d ays specified in this Section.

C. Before issuing an exclusion order, the person will be given a verbal or written warning describing the conduct giving rise to the exclusion and a reasonable opportunity to stop the conduct. An exclusion order will not be issued if the person promptly complies with the direction a nd s tops t he c onduct. A w arning i s n ot r equired b efore i ssuing a n e xclusion order where the behavior, conduct, or activity constitutes one or more of the following:

1. A felony, misdemeanor, or motor vehicle offense;

2. Obscene, violent, or riotous conduct;

3. Lighting or maintaining a fire in any park other than in a stove, fire circle, or area designated for such purpose;

4. Results in property damage estimated to be $1,000 or more;

5. Dangerous o r t hreatening b ehavior. B ehavior i s d angerous o r t hreatening i f a reasonable p erson e xposed t o o r e xperiencing s uch b ehavior c ould b elieve t hat t he person w ould b e i n i mminent d anger o f p hysical h arm. A ctual b odily h arm i s n ot required; and

6. Conduct f or w hich a d ocumented p rior e xclusion o rder h as b een i ssued a nd n ot overturned on appeal.

D. Written n otice o f t he e xclusion o rder w ill b e p rovided t o a ny p erson e xcluded. T he notice will briefly describe the conduct and list the provision of law that is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; a nd a w arning o f t he c onsequences f or f ailure t o c omply. T he e xclusion n otice shall be signed by the issuing enforcing officer. The Director, Chief of Police or Sheriff may use reasonable discretion to determine multiple park facilities for the exclusion.

E. The e xclusion o rder w ill b e e ffective f or 3 0 d ays, e xcept a s s tated i n p aragraph F , during which time the violator may not return to the listed park or park facilities. A second exclusion w ithin a 1 2-month p eriod w ill b e e ffective f or 9 0 d ays. A dditional e xclusion orders issued within a 12-month period of the second exclusion order will be effective for 180 days. No exclusion order overturned on appeal will be counted.

F. The d uration o f t he f irst e xclusion s hall b e 60 days, if one or more of the following occur:

1. A felony;

2. Property damage estimated to be $1,000 or more; or

3. Dangerous or threatening behavior as defined in this Section. A second exclusion for a person described in this Subsection F within a 12-month period will be effective for 120 days. Additional exclusion orders issued within 12-month period of the second exclusion o rder f or a p erson d escribed i n t his Subsection F will be effective for 270 days. No exclusion order overturned on appeal will be counted.

G. Appeal.

1. "Hearing O fficer" m eans t he p erson d esignated b y t he C ity M anager w ho w ill conduct a fair and impartial hearing under this Chapter.

2. A p erson i ssued a n otice o f e xclusion m ay a ppeal t he n otice w ithin f ive d ays b y filing a w ritten a ppeal w ith t he C ity C lerk. T he w ritten a ppeal s hall i nclude t he exclusion n otice n umber, a r eason t he p erson s hould n ot h ave b een e xcluded, a nd a phone n umber, a ddress o r e mail a t w hich t he C ity m ay s erve t he c ited i ndividual a response t o h is o r h er r equest. Filing a n appeal does not preclude the issuance of an exclusion order for a new violation of this Section.

3. Upon receipt of a timely and complete notice of appeal, a Hearing Officer will be appointed, and once appointed the City Manager will forward the notice of appeal and all relevant documents to the Hearing Officer. Upon filing of an appeal, the exclusion order will be stay ed. The Hearing Officer will set an administrative hearing as provided by the Hearing Officer's procedures. The hearing shall be de novo. The exclusion order will be upheld if the Hearing Officer determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise i n a ccordance w ith t he l aw. E vidence m ay i nclude, w ithout l imitation, witness t estimony, d ocuments, o r o ther s imilar e vidence. I n l ieu o f p ersonally appearing a t a n a dministrative h earing, t he c ited i ndividual m ay r equest t hat t he Hearing Officer decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date.

4. The Hearing Officer shall issue a written decision responding to the appeal within 10 b usiness d ays o r a s o therwise a llowed b y t he H earing O fficer p rocedures. T he decision of the Hearing Officer shall be final.

H. The Department, the Sheriff, or other designee shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employ ees.

I. Notwithstanding S ection 1 7.04.300.A, a v iolation o f a r emoval o r e xclusion o rder i s unlawful and may be charged as a misdemeanor, as provided by Section 1.24.010. Nothing in t his S ection l imits t he a uthority o f t he C ity t o o btain a n i njunction p rohibiting o r restricting park access by any person.

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1 4894-0267-6366v3/022283-0541
ORDINANCE NO. 1113

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LANCASTER AMENDING AND RESTATING CHAPTER 12.04 TO THE LANCASTER MUNICIPAL CODE

RELATING TO PARKS AND PUBLIC PLACES
WHEREAS, the City Council has determined that certain provisions of Chapter 12.04 require amendment; and
WHEREAS, the City Council has determined that in order to maintain the safety and security of parks and public spaces, that certain activities are not permitted or authorized in, on, or near parks and public places; and
WHEREAS, the City Council has determined that destruction of, or damage to, or interference with, parks and publics spaces is often caused by persons conducting activities that are not permitted or authorized in, on, or near parks and public spaces; and WHEREAS, the City Council desires to protect the health, safety, and welfare of the public in parks and public spaces, by authorizing the removal or exclusion of persons who fail to comply with applicable laws, ordinances, rules and regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Chapter 12.04 is hereby repealed in its entirety and restated to read as set forth in Exhibit A attached hereto and incorporated herein.

Section 3. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

Section 4. 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 its final passage.

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 12 day of December, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the 9 day of January, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
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Exhibit A
Chapter 12.04 - PARKS AND PUBLIC PLACES RULES AND REGULATIONS

12.04.010 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Alcoholic beverage” means alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or combined with other substances. “Amplified sound” means sound projected and transmitted by electronic equipment, including amplifiers.
“Amplified speech” means speech projected and transmitted by electronic means. “Buildings” means those structures or any portion thereof under the management of the city and made available for the use of permittees, including parking areas. “City” means the city of Lancaster.
“City manager” means the city manager of the city of Lancaster, or a designated representative to act in his/her place.
“Code” means the Lancaster Municipal Code.
“Commercial Use or Enterprise” means any use of a park, public or facility amenity for or in connection with any money-making venture, whether or not such venture is profitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park operations, facility use, or visitor safety, such as fitness clubs, exercise groups, sports camps and individual sports lessons; provided, however, that fundraising activities conducted by a nonprofit organization, recognized as such by the state of California, shall not be deemed to be a commercial use.
“Designated representative” means a person appointed by the city manager or the city council to act as a representative.
“Director” means the director of the city of Lancaster parks, arts, recreation and community services department or a designated representative to act in his/her place. “Dog park” means an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off-leash.
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“Festival” means a special event whose primary purpose is to present multifaceted arts, cultural, or recreation-based experiences. In addition, the event set-up and take-down typically occurs on days other than the event day(s). Festivals typically include elements such as activity demonstrations, dance, festival merchandise sales, food and beverage sales and service, hands- on activities, music, theatrical performances, and/or visual art exhibitions. “Fundraising walks and runs” means special events whose primary purpose is to raise awareness and/or funds for specific social or health issues.
“Motor vehicles” means any multi-wheeled, treaded or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a “motorized recreations vehicle.” “Narcotics and controlled substances” manes those narcotics and drugs listed or defined in the California Health and Safety Code as may be amended from time to time. “Obstruct pedestrian or vehicular traffic” means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or vehicle, or to require another person or driver to take evasive action to avoid physical contact.
“Parks” means and includes every park, water park, plaza, skate park, playground, trail, preserve, swimming pool, court, field, greenbelt/greenway, facility amenity or other recreational facility, together with any accompanying parking lot or staging area, to which the public has a right of access and use for park or recreation purposes and which is owned, managed or controlled by the City and under the jurisdiction of the City Manager. “Park and facility amenities” means and include, without limitation, playground and exercise equipment, benches, picnic tables, public art, structures, fountains, walls, fences, gates, trees, monuments, signs, playing surfaces, railings and backstops in a park. “Permit” means a document that authorizes use of parks, equipment or building as provided for and defined within city ordinances.
“Persons” means individuals, groups, organizations, associations, partnerships, firms and corporations.
“Preserve” means improved or unimproved natural land that is owned, used, or maintained by the City, where development activity is limited in an effort to maintain natural areas and protect sensitive habitat, and not designed or intended for games and other recreational activity that typically occurs at a park.
“Trails” means any path, trail, firebreak road, or fire protection road located within a park, public place, or open space area and designated by the City Manager for public use. “Public places” means any property, improved or unimproved, including but not limited to public buildings, museums, theaters and other facilities owned or leased by the City, and includes public 5 4894-0267-6366v3/022283-0541
parking lots, garages, publicly-owned drainage culverts and basins, and publicly-maintained landscaped areas. Public places also includes any public right of way or area of public property open to the public such as public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, staircases or passageways that are open to vehicular, bicycle or pedestrian traffic.
“Section” means a section of this part unless some other statute or policy is specifically identified.
“Shall” means mandatory; “may” means permissive.
“Special event”/large community event” means a large event that has any noise exceeding the City’s noise ordinance; uses any street, sidewalk, or other right of way; needs police and/or fire regulations, monitoring and/or control; occurs for more than one day; generates crowds of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicle traffic or use of City parks or public places; has a greater impact on a park or public place and neighboring community than casual or intended park use; and/or has parking needs that will exceed the capacity of the venue; requires external infrastructure to support the event, such as bleachers, portable toilets, soundstages, tents.

12.04.020 - Authority and enforcement.

The elected city council authorizes the city manager to implement and administer the policies, ordinances and regulations contained therein. Whenever a power is granted to or a duty imposed on the city manager, the powers may be exercised or the duty performed by a designated representative of the city manager, unless this policy expressly provides otherwise. The city manager shall enforce the provisions of this part.

12.04.030 - Enforcing officer.

City and/or Los Angeles County employees who are certified peace officers, as well as City employees and/or contractors who have been delegated enforcement authority by the City Manager pursuant to Chapter 1.08 of this Code, shall have the authority to warn, evict, arrest and cite persons who violate any provisions of the city ordinance. City and county peace officers shall carry proper identification.

12.04.040 - Entry to activities.

The city manager, or a duly authorized representative, may enter any park area or recreation facility at any time to inspect the premises for safety, compliance of use, hazards, or other reasons deemed necessary by the city.

12.04.050 - Hours of operation.

A person shall not enter, be or remain in any park or in any building in any park between the hours of 10:00 p.m. and 6:00 a.m., or when posted closed or within specific hours, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual park. All persons shall comply with such changed hours. A person shall not park or cause to be parked any motor vehicle in any park or associated parking facility during said closed hours, or when posted closed or posted as “no parking.” 6 4894-0267-6366v3/022283-0541

12.04.060 - Emergency or Temporary Closure of Parks, Public Places, and Recreational Areas.

12.04.070 - Use of city equipment by noncity groups.

12.04.080 - Obstruction of Access
A. No person may sit, lie down upon, or otherwise obstruct a public sidewalk, street, maintained landscape area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, or upon a blanket, sleeping bag, cardboard box, chair, stool, or any other object placed upon a public sidewalk, street, maintained landscaped area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time.*
B. No person may sit or lie down upon a public bench or other seating facility that is intended for use by multiple individuals at the same time, in a way that prevents access to the public bench by multiple users at the same time.

C. No person may intentionally sit or lie down and obstruct pedestrian or vehicular traffic in a park or public place.

D. No person will be cited under this section unless the person engages in conduct prohibited by this section, after having been notified by the City Manager or enforcing officer that the conduct violates this section.

E. The prohibitions in this section will not apply in the following cases and to the following persons:

1. If such sitting or lying is necessitated by the physical disability of such person.

2. Such person is viewing a legally conducted parade.

3. Persons who involuntarily or unavoidably sit or lie down in a park or public place due to circumstances beyond the person's control, including, but not limited to, a medical emergency.
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4. Persons who, as a result of a disability, utilize a wheelchair, walker, or similar device to move about the public sidewalk or other public walkways and paths.

5. Persons operating or patronizing a commercial establishment conducted on the public sidewalk, pursuant to an applicable valid City permit or approval; or persons participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in a park or public place.

6. Any conduct in parks or public places that are privately owned where such conduct is in conformity with permission granted by the owner or person in possession and control of such premises.

7. Any conduct that is in conformity with the terms of any permit or other approval granted, pursuant to this code or City policy.

8. Any conduct that constitutes lawful activity protected under the laws of the State of California or by the United States Constitution, including, but not limited to, peaceful protesting, picketing, demonstrating, signature gathering, voter registration, or leafleting.

12.04.090 - Exceptions.

The provisions of this chapter do not apply to the operation of city-owned or operated vehicles or personnel who engage in official city business.

12.04.100 - Liability.

When an association or organization which carries public liability insurance requests the use of city facilities, or when the city is involved with scheduling and/or coordinating their activities, a certificate of co-insurance naming the city as an additional insured, with the additional insured endorsement, must be filed with the city fourteen days prior to the first day of use of facilities involved. The city may require proof of liability insurance with limit of bodily injury and property damage of not less than one million dollars ($1,000,000.00) and a certificate of co- insurance for any group when it is determined that the planned activity is judged to be other than a low risk activity.

12.04.110 - Damage to buildings, facilities and equipment.

Individuals or groups causing damage to any building, grounds, fixtures, furniture or appurtenance shall be required to reimburse the city for all costs involved to restore the building, 8 4894-0267-6366v3/022283-0541
grounds, fixtures, furniture or appurtenance to its original condition. Such individuals or groups shall be subject to refusal of use in the future.

12.04.120 - Vandalism.

12.04.130 - Security.

12.04.140 - Disturbing the peace
It is unlawful for a person to do any of the following within a park:

A. Fight or challenge another person to fight;
B. Use offensive words which are likely to incite imminent lawless action; or C. Maliciously and willfully disturb another person by loud and unreasonable noise, provided however, where the noise is a result of communications made in a loud manner, the communication shall be unlawful only where it is likely to incite imminent lawless action, or where the communication is not intended as such but is merely a guise to disturb persons.

12.04.150 - Application for use.

B. Requests for use shall be made a minimum of fourteen (14) days and a maximum of six months prior to the date of requested use. Exception: Alcoholic beverage permits must be made in person a minimum of ninety (90) days prior to the event. Permits for a special event/large community event, festival, or fundraising walk/run must be made a minimum of one hundred twenty (120) days prior to the event.

C. Denial of an application shall be based on the following criteria:

1. When a building or a park with the required capacity for the proposed activity is not available;

2. Refusal by an applicant to agree in writing to conditions of the permit;

3. Failure of an applicant to file an application in sufficient time for administrative review;
9 4894-0267-6366v3/022283-0541

4. The failure to provide the required number of personnel to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity;

5. The filing of more than one application for the same facility at the same time.

Under these circumstances, the city manager will give consideration to the application first received and the schedule of priority classification;

6. When usage of facility may damage, destroy or detract from the city property and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park;

7. Record of applicant or event not complying with regulations of this chapter.

12.04.160 - Priority of use.

A. Use of facilities is based on priority ranking. Groups ranked at a low priority may be subject to rescheduling with thirty (30) days' written notice; in that event, the city will attempt to relocate the group to another city facility.

B. Group priority rating shall be as follows:

1. City of Lancaster and city parks, arts, recreation and community services department sponsored activities;

2. Other governmental agency meetings open to the public;

3. Youth, family or adult community recreation activities open to the general public, sponsored or conducted by recognized community organizations;

4. Groups conducting recreation activities open to only their own members (closed meetings);

5. Non-recreation use, service organizational meetings, or restricted activities not open to the general public;

6. Religious, sectarian or political groups;

7. Commercial use for financial gain;

8. Out-of-city groups (fifty-one (51) percent of participants do not reside or work within the city limits).

12.04.170 - Revocation of permit.

12.04.180 - Right of appeal.

An applicant may appeal the decision of a city representative regarding park and building permits. The applicant must file such appeal through the following appeal process: first, appeal through the director; second, appeal through the city manager; third and final appeal is made to an independent hearing officer in accordance with the procedures set forth in Chapter 8.28 of this Code.

12.04.190 - Permit.

The application for a permit shall include, but not be limited to, the following information:

A. Name of the applicant, the sponsoring organization(s), and name of the person in charge of the proposed activity;
B. Address and telephone number of applicant(s);
C. Park or building being applied for and the area involved; D. Starting time of the proposed activity;
E. Finishing time of the proposed activity;
F. Number of persons expected;
G. Additional city personnel or items requested, such as tables, chairs, and associated equipment;
H. Nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, duration and nature of the use of any amplified sound whether sound, or speech;
I. Fees charged and moneys collected for the proposed activity; J. Individual(s) who will receive moneys collected and purpose for money; K. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required.

L. Application fee.

12.04.200 - Extended usage.

Facility usage may be granted for a maximum of six months. Requests for facility usage exceeding six months are subject to administrative approval and will be reviewed each six months for compliance to the city priority schedule. Scheduled groups may be subject to cancellation upon thirty (30) days' notice. When cancellation is necessary, the city will attempt to relocate the activity.

12.04.210 - Fees and deposits.
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Fees and deposits may be levied to offset city expenses incurred in providing services. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council.

12.04.220 - Use of parks.

The city's reservable areas may be made available for the use of persons and groups subject to the issuance of a permit and the payment of fees therefor. Use of any park for pre-advertised assemblies may not be made without the issuance of a permit. All applications for use of any park must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said exclusive use.

12.04.230 - Use of recreation centers, picnic facilities and athletic fields.

Recreation centers, reservable picnic facilities, and athletic fields within the city's parks, are available for the use of persons and groups subject to the issuance of permit and payment of fees thereof. All applications for use must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said use. No use permit shall be granted if there is a conflict with a prior reservation.

A. Any request which will place a major impact on a given facility will be subject to the city review process. “Major impact” is defined as any activity that impedes the normal use of more than one area of any city facility. All requests are subject to city priority ranking classification (Section 12.04.150). The city reserves the right to cancel a permit or application for a permit upon one week's notice.

B. Applications are immediately revocable if false statements are made in reserving a facility, or if the individual or group willfully violates any rule or regulation established by the city. Applicants shall be responsible for the condition in which they leave city premises.

If city property has been damaged or abused beyond normal wear, applicants shall be responsible for reasonable costs to replace, repair or clean such property.

C. Persons or groups may use any designated reservable or nonreservable facility of any part on a first come, first served basis; however, such groups must vacate any reserved facility at the time a permitted group arrives. Individual picnic tables are available on a first come, first served basis in all non-reservable areas.

D. No use permit shall be granted for any reservable field before eight a.m. nor beyond one hour before sunset unless the park has appropriate lighting.

E. City personnel will open and close buildings and may be on duty to supervise the use of the facility.

12.04.240 - Rental periods.

Minimum building rental periods are based on two-hour increments. The time indicated on the application will reflect the actual facility use time which includes setup, decoration and clean up. Additional time beyond the two-hour block will be charged on an hourly rate.

12.04.250 - Setup.
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Setup, breakdown and basic cleanup will be the responsibility of the group utilizing the facility.

When city personnel are to be utilized for setup, finalized setup sheets must be submitted ten (10) days prior to the event. Changes after the final setup sheet is submitted shall be the responsibility of the user.

12.04.260 - Decorations.

Decorations of any building or on any structure are prohibited unless approval is obtained by the user from the city representative.

12.04.270 - Interference.

No person shall use, attempt to use or interfere with the use of any facility which is reserved for another person or group holding a permit issued from the city.

12.04.280 - Compliance.

No person shall enter, occupy or remain in any park or building of the city unless compliance with the appropriate regulations set forth in this chapter are adhered to.

12.04.290 - Regulations.

The City Manager may promulgate rules and regulations deemed necessary to facilitate implementation of this Chapter.

12.04.300 - Violation—Penalty.

A. It is a misdemeanor for any person within an area owned or controlled by the city to knowingly and willfully violate any provision of this chapter, the conditions of any permit issued pursuant hereto, or any rule or regulation relating to parks or buildings.

B. Persons who violate any provision of this chapter, conditions of a permit issued pursuant hereto, or any rule or regulation promulgated to implement this chapter may also be issued an administrative citation in accordance with the procedures set forth in Chapter 1.16 of this Code.

C. Any use, activity or condition in violation of the provisions of this chapter constitutes a public nuisance subject to abatement.

12.04.310 - Alcoholic beverages; narcotics and controlled substances.

A. A person shall not enter, be or remain in any park or public place while in possession of transporting, selling, giving away or consuming any alcoholic beverage except at a concession facility which has a contract with the City, or in connection with a special event duly authorized by the City Manager for which the sponsoring organization is properly licensed by the California Department of Alcoholic Beverage Control.

B. A person shall not enter, be or remain in any park or public place while in possession of, transporting, selling, giving away or consuming any narcotic or controlled substance. 13 4894-0267-6366v3/022283-0541
C. A person shall not enter, be or remain in any park or public place while he or she is under the influence of any alcoholic beverage, narcotic or controlled substance.

12.04.320 - Amplified sound.

12.04.330 - Animals.

A. When prohibited. No person shall bring into any park or public place any cattle, horse, mule, goat, sheep, swine, dog, cat, or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the City Manager.

B. Facilities in which animals are prohibited. Animals are not permitted in any indoor park, public place, facility amenity, swimming pool, preserve, and/or skate park. This subsection does not apply to service animals for blind or disabled persons.

C. Dogs. Except as provided in Subsection B, a person may bring and maintain in a park or public place a dog, if such dog is kept on a leash or chain with a length not to exceed six feet and is under full control of its owner or custodian, or upon written authorization of the City Manager when required to authorized park or public place programs. With the exception of dog parks or dog exercise and/or training areas designated and posted as such, no dog shall be allowed to graze or run at large within the boundaries of a park. The presence of a dog in a dog park or dog exercise and/or training area shall constitute implied consent of the owner or custodian of the dog as to the obligation to comply with any rules or regulations promulgated regarding dog parks and dog exercise and/or training areas. The presence of a dog in a dog park or dog exercise/training area shall constitute a waiver of liability on behalf of the owner or custodian of the dog, to the City, as well as an agreement and undertaking to protect, indemnify, defend and hold harmless the City for any injury or damage caused by the dog.

D. Removal of dog waste. Any person having the care, custody, possession or control of a dog in a park or public place must remove all fecal matter deposited by his/her dog before the person leaves the immediate area where the fecal matter has been deposited. Such person shall have in his/her possession the equipment necessary to remove the dog’s fecal matter.

12.04.340 - Off-leash Dog Area Rules and Regulations
The following rules and regulations apply to the use of all off-leash dog areas at City of Lancaster parks:

A. Dogs must be accompanied by persons responsible for the dog(s) who are eighteen (18) years of age or older.
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B. Children under the age of six (6) years old are not permitted in the dog off-leash areas.

Persons six (6) to seventeen (17) years of age must be accompanied and supervised by an adult (18 years of age or older) and shall not run, shout, scream, or otherwise excite or antagonize dogs while in the off-leash areas.

C. Dogs under the age of four (4) months are not permitted in the dog off-leash areas.

D. Dogs must be current on vaccinations and licensing. Dogs must have a current, county issued dog license on display.

E. Dogs that are sick or injured are not permitted in dog off-leash areas.

F. Dogs must be spayed or neutered to use the off-leash areas.

G. No more than three (3) dogs per responsible person are allowed in the off-leash areas.

H. Dogs exhibiting aggressive or other behavior that jeopardizes human or animal safety are not permitted and are to be immediately removed.

J. Large dogs (over thirty-five [35] pounds) are permitted only in designated large dog areas, small dogs (under thirty-five [35] pounds) are permitted only in designated small dog areas.

K. A person responsible for a dog(s) shall remove dog feces and shall dispose of it in waste containers for that purpose. It is the responsibility of each person responsible for a dog(s) to supervise, and clean up after his/her dog(s) to ensure a clean and orderly off-leash area.

M. A person responsible for a dog(s) must stop his/her dog(s) from digging. Any holes created by his/her dog(s) must be filled.

O. No person shall harass, tease, or incite any dog in any way in any dog off-leash areas, including but not limited to, verbal or physical gestures or throwing of objects.

P. No food (for people or dogs) is allowed in dog off-leash areas.

Q. No glass containers are allowed in dog off-leash areas.

R. No toys (except toss toys, such as balls and frisbees) are allowed in dog off-leash areas.

S. Spiked collars on dogs are not permitted in any dog off-leash areas.

T. Bicycles, rollerblades, roller skates, skateboards, strollers, and similar items are not permitted in any dog off-leash areas. Wheelchairs and other aides for the disabled are permitted.

U. Dog trainers are not permitted to use any dog off-leash areas to conduct business.

V. Anyone who abandons an animal anywhere, including in a dog off-leash area, is subject to a $500 fine and/or up to six (6) months in jail per the California Penal Code Section 597s.

W. Use of dog off-leash areas by any person responsible for a dog(s) shall constitute implied consent of that person to all regulations and shall constitute a waiver of liability to the City, and an agreement to protect, defend, indemnify, and hold harmless the City, its 15 4894-0267-6366v3/022283-0541
officials, and employees for any injury or damage caused by a dog(s) within such dog off- leash areas.

Y. Any City employee may request anyone who violates these rules or any posted rules to leave the off-leash area and the park.

12.04.350 - Climbing.

No person shall climb any tree, or walk, stand or sit upon monuments, signs, buildings, roofs, railings, fences, gates, backstops, or tables in a park or public place, or upon any park property not designated or customarily used for such purposes in a manner inconsistent with the intended use or design.

12.04.360 - Dumping.

Dumping rocks, soil, grass clippings, branches, leaves, equipment, vehicles, furniture, furnishings or accessories, or any other item or material is prohibited without first obtaining a city permit.

12.04.370 - Filming.

Filming for commercial purposes is prohibited without a permit issued by the City, and shall be conducted in accordance with any conditions imposed by the permit and/or any rules and regulations promulgated to implement the City’s filming policy

12.04.380 - Fire.

No person shall light or maintain any fire unless:

12.04.390 - Firearms and weapons.

1. Active duty sworn peace officers ;

2. Retired sworn peace officers who carry the requisite identification as set forth in federal law and are in compliance with any and all recertification required by their permitting agency;

3. A security guard or a guard of a contract carrier operating an armored vehicle, when such person is engaged in the exercise of their official duties.

12.04.400 - Fireworks and dangerous objects.
16 4894-0267-6366v3/022283-0541
The possession or firing of firecrackers, rockets, torpedoes or fireworks on park property is prohibited.

12.04.410 - Golf.

12.04.420 - Harmful objects.

12.04.430 - Hazardous games.

No person shall operate a motorized or self-propelled model vehicle or participate in activities of a hazardous nature in a park, including without limitation, propelling or launching a rocket, missile, or projectile of any type, or participating in archery, or playing hardball in any area except as designated and posted for such use.

12.04.440 - Hot air balloons, hang gliders, sky divers.

No person shall operate or land a hot air balloon, hang glider or shall sky dive in a city park without first obtaining a city permit.

12.04.450 - Hunting.

Hunting, shooting, wounding or capturing animals on park property is prohibited.

12.04.460 - Model airplanes, boats, cars, model rockets, drones.

No person shall operate in any park any model airplane, boat, car, craft, drone or other similar device that is powered by internal combustible engine, remote control, or other similar or electrical power source except in an area and at such times designated for such use. The foregoing prohibition shall not apply to any drone operated by the City.

12.04.470 - Motor vehicles and parking.

C. No overnight parking. No person shall park nay motor vehicles overnight in park or public place except in areas designated by the City Manager for overnight parking, with the exception of emergency and/or service vehicles authorized by the City. 17 4894-0267-6366v3/022283-0541
D. Speed. The speed limit for all vehicles on vehicular ways within a park or public place shall be fifteen miles per hour unless otherwise posted. No person shall operate a motor vehicle in excess of the speed limit.

E. Posted roads. No person shall operate a motor vehicle over a road which is posted against public use or across which are closed gates. No motor vehicle shall be operated over riding or hiking trails unless permission is posted or a written permit has been issued by the City Manager.

F. Vehicle Code. Enforcing officers, as defined herein, enforce all applicable provisions of the California Vehicle Code in all parks and public places at all times.

12.04.480 - Nudity, disrobing, bathing..

A. No person shall appear, bathe, sunbathe, change clothes, disrobe or be in any park or public place in such a manner that the genitals, buttocks, or pubic hair region, or any portion of the breast at or below the upper edge of the areola of any female person, is exposed to public view. This subsection shall not apply to children under the age of five, provided such children are sufficiently clothed to conform to accepted community standards.

B. No person shall bathe, wash or cleanse any portion of the body other than hands and face in park restrooms, drinking fountains or splash pads.

12.04.490 - Overnight camping.

Overnight camping without a permit is prohibited.

A. Youth Groups. A permit may be issued to any youth group of a responsible nature allowing the members to camp overnight at a designated location in a park. The members of such group shall be supervised by an adequate number of responsible adults, twenty-one (21) years of age or older. The members of the group and/or adult supervisors in charge of a youth group shall comply with time, location and conditions specified in the permit. Said use shall not interfere with the use of the park or in any way be detrimental to the park.

B. Trailers, Campers, Motor Homes, cars and trucks. Overnight parking of trailers, campers, motor homes, cars or trucks is prohibited on park property without a city permit.

12.04.500 - Park and public place property, vegetation, wildlife.

No person shall engage in any of the following in any park or public place:

A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit or flower, or any portion thereof;
B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand, or gravel; C. Cut, break, injure, deface or disturb any facility amenity or any portion thereof, or mark or place thereon any mark, writing, printing, or etching, or placing of any sign, card, display or other similar device;
D. Hunt, harm, molest, kill or harass any animals or wildlife, including nests, burrows, dens, perches, and all features of native habitat and the inhabitants thereof. 18 4894-0267-6366v3/022283-0541

12.04.510 - Polluting water.

C. Polluting water prohibited. No person shall place trash, rubbish, garbage, liquids, chemicals or other materials in any park or public waters.

12.04.520 - Prime Desert Woodland Preserve and other preserve areas.

A. No dogs, horses, mule, goat, sheep, swine, cat or other animal of any kind shall be allowed at a preserve.

B. No open fires shall be allowed at a preserve.

C. With the exception of wheelchairs, strollers, and other mobility assistance devices, no wheeled vehicles of any type are permitted in a preserve.

D. No camping without prior written consent of the City Manager shall be allowed at a preserve.

12.04.530 - Roller skating, skateboards.

B. Where skating is permissible, no person shall use or operate any roller skates or skateboard without proper protective equipment.

12.04.540 - Rubbish; disposal.

A. No person shall throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park or public place other than into a garbage can or other receptacle maintained therein for that purpose. No person shall bring into a park or public place any garbage, refuse, waste paper, bottles or cans for the purpose of disposing in any such receptacle.

B. Where receptacles are not provided, all refuse or trash shall be carried away from the park or public place by the person responsible for its presence, and shall be lawfully disposed of elsewhere.

C. No person shall scavenge through or remove any item, including recyclables, from any garbage can or other solid waste receptacle.

D. Glass containers are prohibited in all parks.
19 4894-0267-6366v3/022283-0541

12.04.550 - Smoking.

Smoking, vaping, or otherwise ingesting tobacco, nicotine delivery products, or cannabis is prohibited in all parks and public buildings. The use of tobacco, nicotine delivery products, or cannabis in areas adjacent to parks or public buildings shall be in accordance with the provisions of Chapter 8.32 of this Code.

12.04.560 - Soliciting for or Selling Merchandise and Services.

B. Sidewalk vendors shall conduct vending business in accordance with operating and location requirements set forth in Chapter 5.04 of this Code.

12.04.570 - Special amusement equipment.

The temporary construction and/or use of amusement play equipment, such as bounce-houses or any inflatable devices, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip-and- slides, laser tag, etc., are prohibited, unless a permit has been issued by the City, the operator of such equipment has provided written indemnification and a certificate of insurance and endorsements from the equipment rental company naming the City as additional insured. Location of such equipment is subject to the approval of the City.

12.04.580 - Stage areas.

No person shall enter upon, cross, use, or occupy an elevated stage area at a park without a City permit.

12.04.590 - Throwing objects.

12.04.600 - Trespassing.

Trespassing into areas designated “No Trespassing” is prohibited. This includes, but is not limited to, rooms in city buildings or structures, swimming pools during specific posted hours, fenced control areas such as storage areas, shop areas, holding areas, construction sites, and all other areas posted for protection of property, health, safety or welfare or where damage to body and limb, equipment, fixtures or accessories or property may occur.

12.04.610 - Vandalism.

Persons causing vandalism, or parents of persons under the age of eighteen (18), will be held financially responsible for the full amount of damages, or the maximum allowed under the 20 4894-0267-6366v3/022283-0541
California Civil Code, Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the California Penal Code, Section 594, referring to malicious mischief, are applicable.

12.04.620 - Exclusion.

Permission to be within the limits of any park, as defined by this Chapter, or to use any facilities, is conditioned on the person present in said park complying with all applicable provisions of this Chapter or any other applicable laws, ordinances, rules, and regulations. A violation of any provision of this Chapter or of any order, rule, or regulation authorized by this Chapter, or of any other applicable law, ordinance, rule, or regulation will result in the person so violating being a trespasser ab initio, and the enforcing officer may cause any such person to be removed or exclude the person from a park in accordance with this Section in addition to any other remedy or penalty.

Nothing in this Section will be construed to authorize the removal or exclusion of any person lawfully engaged in expressive activity protected by the First Amendment to the United States Constitution, or other activity protected by the United States or California constitution.

However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to removal or exclusion.

A. For the purposes of this Section, removal is an order given by the enforcing officer, directing a person to immediately leave a park and not return for the remainder of the day.

B. For the purposes of this Section, exclusion is an order given by the enforcing officer, directing a person to immediately leave a park and not return for the period of days specified in this Section.

C. Before issuing an exclusion order, the person will be given a verbal or written warning describing the conduct giving rise to the exclusion and a reasonable opportunity to stop the conduct. An exclusion order will not be issued if the person promptly complies with the direction and stops the conduct. A warning is not required before issuing an exclusion order where the behavior, conduct, or activity constitutes one or more of the following:

1. A felony, misdemeanor, or motor vehicle offense;

2. Obscene, violent, or riotous conduct;

3. Lighting or maintaining a fire in any park other than in a stove, fire circle, or area designated for such purpose;

4. Results in property damage estimated to be $1,000 or more;

5. Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily harm is not required; and

6. Conduct for which a documented prior exclusion order has been issued and not overturned on appeal.

D. Written notice of the exclusion order will be provided to any person excluded. The notice will briefly describe the conduct and list the provision of law that is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; and a warning of the consequences for failure to comply. The exclusion notice shall be signed by the issuing enforcing officer. The Director, Chief of Police or Sheriff may use reasonable discretion to determine multiple park facilities for the exclusion.

E. The exclusion order will be effective for 30 days, except as stated in paragraph F, during which time the violator may not return to the listed park or park facilities. A second exclusion 21 4894-0267-6366v3/022283-0541
within a 12-month period will be effective for 90 days. Additional exclusion orders issued within a 12-month period of the second exclusion order will be effective for 180 days. No exclusion order overturned on appeal will be counted.

F. The duration of the first exclusion shall be 60 days, if one or more of the following occur:

1. A felony;

2. Property damage estimated to be $1,000 or more; or

3. Dangerous or threatening behavior as defined in this Section. A second exclusion for a person described in this Subsection F within a 12-month period will be effective for 120 days. Additional exclusion orders issued within 12-month period of the second exclusion order for a person described in this Subsection F will be effective for 270 days.

No exclusion order overturned on appeal will be counted.

G. Appeal.

1. "Hearing Officer" means the person designated by the City Manager who will conduct a fair and impartial hearing under this Chapter.

Filing an appeal does not preclude the issuance of an exclusion order for a new violation of this Section.

3. Upon receipt of a timely and complete notice of appeal, a Hearing Officer will be appointed, and once appointed the City Manager will forward the notice of appeal and all relevant documents to the Hearing Officer. Upon filing of an appeal, the exclusion order will be stayed. The Hearing Officer will set an administrative hearing as provided by the Hearing Officer's procedures. The hearing shall be de novo. The exclusion order will be upheld if the Hearing Officer determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise in accordance with the law. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. In lieu of personally appearing at an administrative hearing, the cited individual may request that the Hearing Officer decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date.

4. The Hearing Officer shall issue a written decision responding to the appeal within 10 business days or as otherwise allowed by the Hearing Officer procedures. The decision of the Hearing Officer shall be final.

H. The Department, the Sheriff, or other designee shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employees.

I. Notwithstanding Section 17.04.300.A, a violation of a removal or exclusion order is unlawful and may be charged as a misdemeanor, as provided by Section 1.24.010. Nothing in this Section limits the authority of the City to obtain an injunction prohibiting or restricting park access by any person.

STAFF REPORT
City of Lancaster
CC 11
1/9/2024
JC
Date: January 9, 2024
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
Subject: General Plan Amendment No. 17-007/Zone Change No. 17-006 Recommendation:

Adopt Ordinance No. 1110, amending the City zoning plan for approximately 160 acres of land located south of Avenue H between 50th Street West and 55th Street West (APNs 3269-011- 015, 3269-011-007), known as Zone Change No. 17-006, from RR-2.5 (Rural Residential, minimum lot size 2.5 acres) to LI (Light Industrial).

Fiscal Impact:

None. The applicant has been awarded a $30,000,000 grant from the California Energy Commission for the project.

Background:

On May 1, 2023, the Community Development Department received updated applications for the construction and operation of an electric school bus manufacturing facility on the south side of Avenue H between 50th Street West and 55th Street West. These applications included a Site Plan Review (SPR), General Plan Amendment (GPA), and Zone Change (ZC) request. The proposed project would consist of a 630,000 square-foot electric school bus manufacturing facility on approximately 30 acres of the 160 acre site. The facility would employ 650 individuals; creating 100 new office jobs and 550 new manufacturing jobs. This is in addition to the approximately 750 jobs created with BYD’s transit bus manufacturing and battery facilities.

The applicant, BYD, submitted applications for a General Plan Amendment (GPA) and Zone Change (ZC), associated with the Site Plan Review (SPR) application to facilitate the development of the proposed manufacturing facility. The applicant is requesting to amend the General Plan land use designation from Non-Urban Residential (NU) to Light Industrial (LI) and zoning from RR-2.5 (rural residential, minimum lot size 2.5 acres) to LI for the subject property.

The proposed change in the land use designation and zoning for the subject site would be consistent with the designations and zoning in the area, and the surrounding properties. 1 4
9 1
Planning Commission
The Planning Commission heard the proposed GPA/ZC during their regular meeting on November 13, 2023, and voted to recommend approval to the City Council.

City Council Meeting
At the Lancaster City Council meeting held on December 12, 2023, the City Council approved the introduction of Ordinance No. 1110, amending the City zoning plan for approximately 160 acres of land located south of Avenue H between 50th Street West and 55th Street West (APNs 3269-011-015, 3269-011-007), known as Zone Change No. 17-006, from RR-2.5 (Rural Residential, minimum lot size 2.5 acres) to LI (Light Industrial) by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:

None
Attachment:

Ordinance No. 1110
ORDINANCE NO. 1110

AN ORDINANCE OF THE CITY OF LANCASTER,

CALIFORNIA, AMENDING THE CITY ZONING PLAN FOR
160 GROSS ACRES OF LAND LOCATED ON THE SOUTH
SIDE OF AVENUE H BETWEEN 50 TH STREET WEST AND
55TH STREET WEST (ASSESSOR’S PARCEL NUMBERS: 3269-
011-015, 3269-011-007) KNOWN AS ZONE CHANGE NO. 17-
006
WHEREAS, pursuant to Section 17.24.060 of the Lancaster Municipal Code, an application has been filed by Simon Li on behalf of BYD (“Applicant”) to change the zoning designation on 160 acres of land located on the south side of Avenue H between 50 th Street West and 55 th Street West from RR-2.5 (Rural Residential, minimum lot size 2.5 acres) to LI (Light Industrial); and
WHEREAS, a notice of intention to consider a zone change for the subject property was given, as required by Section 17.24.110 of the Lancaster Municipal Code and Sections 65854 and 65905 of the Government Code; and
WHEREAS, on November 13, 2023, the City’s Planning Commission held a public hearing on Zone Change No. 17-006, notice of which was published and provided as required by law, and adopted Resolution No. 23-35 (the “Planning Commission Recommendation”) recommending to the City Council approval of Zone Change No. 17-006; and WHEREAS, staff has performed the necessary investigations, prepared a written report, and recommended that the zone change request be approved; and WHEREAS, the City Council desires to approve the Applicant’s request as set forth herein.

THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true, correct and a substantive part of this Ordinance.

Section 2. The City Council hereby makes the following findings:
a. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and b. That a need for the proposed zone classification exists within such area or district; and
c. That the particular property under consideration is a proper location for said zone classification within such area or district; and Ordinance No. 1110

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Lancaster City CouncilJanuary 9, 2024

Lancaster City Council
January 9, 2024