PASSED, APPROVED and ADOPTED this 26th day of March 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
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________
City of Lancaster
2023 General Plan
Annual Progress Report
Prepared by:
Community Development Department
44933 Fern Avenue
Lancaster, CA 93534
2 TABLE OF CONTENTS
Introduction 3
General Plan Background and Amendments 4
General Plan Background 4
Pending General Plan Amendments in 2023 4
Compliance with State Law and the General Plan Guidelines 5
Recent or Active Zoning Amendments and Long-Range Projects 6 Long-Range Projects of Interest 6
Status of RHNA Objectives 7
Entitlement and Permit Activity in 2023 8
General Plan Implementation Status 9
Plan for the Natural Environment 9
Plan for Public Health and Safety 11
Plan for Active Living 12
Plan for Physical Mobility 13
Plan for Municipal Services and Facilities 1 3
Plan for Economic Development and Vitality 13
Plan for Physical Development 15
Housing Element 17
Environmental Justice Element 17
3 INTRODUCTION
Government Code Section 65400 requires local jurisdictions to prepare an annual report on the status of the City of Lancaster’s 2030 General Plan and progress in its implementation. This report is provided to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The Annual Progress Report (APR) allows for the regular review of the General Plan, to assess its level of implementation and effectiveness as a guide for growth, development, and preservation within the community. This APR summarizes the General Plan implementation progress for the 2023 calendar year and highlights the City’s progress in meeting its share of regional housing needs. The APR includes the following primary elements:
1. Summary of the General Plan background and status , including active General Plan Amendments and compliance with state law;
2. Summary of recently completed and active Zoning Ordinance amendments, in addition to active long-range projects;
3. Summary of active development projects in 2023; and
4. General Plan Implementation Status.
4 GENERAL PLAN BACKGROUND AND AMENDMENTS
General Plan Background
General Plan 20 30 is the City’s long -term outlook for the future and reflects the community’s vision of the city. The General Plan identifies the types of development, and general pattern of future development, which will be permitted in the city . The plan contains goals, objectives, policies, and specific action s which provide the framework for achieving the community’s long - term vision. All projects and development proposals must be consistent with the General Plan.
In order to keep the plan relevant and implementable, the city regularly re-examines the goals, objectives, policies , and specific actions , in order to ensure that the General Plan remains consistent with the community’s priorities. The General Plan was adopted on July 14, 2009, and the horizon year for the adopted General Plan is currently 2030.
Pending General Plan Amendments in 2023
Pacific Opal Single-Family Development
Tentative Tract Map No. 83299, Conditional Use Permit No. 20-06, General Plan Amendment No. 20-01, and Zone Change No. 20 -01 are to allow for the construction of 413 single -family (55+) residential units with associated amenities. The General Plan Amendment/Zone Change portion of the project proposes to redesignate the site from Non- urban Residential (NU) to Urban Residential (UR) in the General Plan, and to jointly rezone the site from Semi-Rural Residential (SRR) to Residential 7,000 (R-7,000) to allow for the proposed density. The proposal is under staff review.
15th Street West & Avenue L Mixed-Use Development
Conditional Use Permit No. 21-01, General Plan Amendment No. 21-01, and Zone Change No. 21- 01 are to allow for the construction of a 235-room hotel with amenities, apartment buildings with 181 units and associated improvements, 10, 150 square feet of retail /commercial space, and a 3,800 square foot clubhouse. The General Plan Amendment/Zone Change portion of the project proposes to redesign ate the site from Non -urban Residential (NU) to Mixed- Use (MU) in the General Plan, and to jointly rezone the site from Rural Residential 2.5 (RR -2.5) to Mixed -Use Commercial (MU-C), to allow for the proposed uses. The proposal is under staff review.
Maverick Fueling Station
Conditional Use Permit No. 23-018, General Plan Amendment No. 23-002, and Zone Change No. 23-002 are to construct a fueling station and convenience store near State Route 14. The proposed General Plan Amendment/Zone Change would redesignate the site from Non- Urban Residential (NU) to Commercial (C) in the General Plan, and in conjunction would rezone the site from Rural Residential 2.5 (RR-2.5) to Commercial Planned Development (CPD). The proposal is under staff review.
5 HNR-4
Site Plan Review No. 23-009, Tentative Tract Map No. 23-003, General Plan Amendment No. 23- 001, and Zone Change 23- 001 are to construct a two -phase, 100% affordable gated housing development along Sierra Highway. The overall development consists of 499 units, with 303 units dedicated to seniors. The site is currently zoned and designated for residential and park uses. The General Plan Amendment/Zone Change would change the General Plan designation of the site to Multi-Residential 1 (MR1) and the zoning of the site to Medium D ensity Residential (MDR).
This proposal received General Plan Amendment approval in December of 2023, and the second reading of the associated Zone Change is scheduled for January of 2024.
BYD
Site Plan Review No. 17 -003, General Plan Amendment No. 17 -07, and Zone Change No. 17 -06 are to allow for the construction of an electric school bus manufacturing facility, developing approximately 30 acres of the subject site, and employing an anticipated 650 individuals. The General Plan Amendment/Zone Change portion of the project proposes to redesignate the site from Non-Urban Residential (NU) to Light Industrial (LI) in the General Plan, and to jointly rezone the site from Rural Residential 2.5 (RR -2.5) to LI, to allow for the proposed uses. This proposal received General Plan Amendment approval in December of 2023, and the second reading of the associated Zone Change is scheduled for January of 2024.
Compliance with State Law and the General Plan Guidelines The City of Lancaster, along with all jurisdictions in California, is mandated to update its Housing Element for s tate certification every eight years. On June 14, 2022, City Council adopted the Housing Element, and it has been certified by the California Department of Housing and Community Development. In accordance with s tate law, the update to the Housing Element triggers updates to other elements of the General Plan, which include the Safety Element and the new Environmental Justice Element. These General Plan Elements were also adopted on June 14, 2022, by the City Council. The General Plan does not need to be arranged in eight distinct elements if the content necessary for each of the required elements is included in the G eneral Plan.
6 RECENT OR ACTIVE ZONING AMENDMENTS AND LONG-RANGE PROJECTS
Zoning Amendments
Housing Element Implementation
In 2022, the Lancaster City Council adopted the 6th cycle 2021-2029 Housing Element. The 2021- 2029 Housing Element implements goals, policies, and programs, which are used to support the provision of a variety of housing types to meet the existing and future needs of the community. After the adoption of the Housing Element, city staff began working on the implementation of the Housing Element’s goals, policies, and programs, which initiated Zone Text Amendments to Title 15, 16, and 17 of the Lancaster Municipal Code. This code update was adopted and became effective November 9, 2023, completing eight programs in the Housing Element.
Long-Range Projects
Lancaster Health District Master Plan
The Lancaster Health District Master Plan area is located in the central portion of the City of Lancaster. The plan area encompasses approximately 272 acres and is generally bounded by Avenue J, Avenue J -12, 20th Street West and 12th Street West. The Master Plan allow s for the build-out of the plan area over the next 20 years. Specifically, the following uses and maximum size, shown in Table 1 , are proposed. At this time, staff is considering possible revisions to the Master Plan to aid in its implementation.
Table 1: Project Information
PROPOSED USE SIZE
Replacement Hospital and Plant Facility,
relocation of helipad
700,000 sf (300 beds); 12,000 sf plant facility
Acute care facility; Sub-acute care 91,000 sf (80 beds); 249,800 sf (284 beds) Continuum of care facility 480,000 sf (400 beds)
Residential 1,600 units (250 condos; 1,350 apartments)
Office (including medical) 600,000 sf
Commercial (retail and restaurant) 242,000 sf
Hotel and conference center 180 rooms and 70,000 sf conference center Parking Garage 385,000 sf/1,100 parking space
7 STATUS OF RHNA OBJECTIVES
State law requires all regional councils of governments to determine the existing and projected housing need for its region. The City of Lancaster is located within the region covered by the Southern California Association of Governments (SCAG). For each Housing Element cycle, SCAG is required to determine the share of the regional housing need to be allocated to each local jurisdiction within the SCAG region. This is called the Regional Housing Need Assessment (RHNA) allocation.
The city is not required to directly build the dwelling units allocated through the RHNA process, but rather is required to plan for the allocated growth. This is accomplished by zoning available land to accommodat e RHNA numbers and by adopting housing programs which promote and facilitate housing construction. As such, the city’s Housing Element includes a variety of programs which support housing development inclusive of all income categories.
The city prepares an annual Housing Element APR which provides HCD with an update on building activity and Housing Element implementation. This year’s Housing Element APR includes housing data for the 2023 calendar year, as well as the status of adopted Housing Element programs.
Entitlement and Permit Activity in 2023
As shown in Table 2, Planning entitlements were granted for a total of 1,667 residential units in 2023. The majority of these units consisted of 1,127 single-family residences and 521 multi-family units throughout the area. To comply with streamlining requirements, in early 2023, the processing of ADU applications was transferred to the Building & Safety Division. Prior to this transfer, 18 planning entitlements were issued for ADUs.
Building permits were issued for 748 residential units in 2023, and Certificates of Occupancy were granted for a total of 308 units.
Table 2: Entitlement and Permit Activity in 2023
Planning
Entitlements
Building
Permits
Certificates of
Occupancy
Single-Family Dwellings 1,127 517 198
Multi-Family & Other 522 0 70
Accessory Dwelling Units 18 231 40
Total 1,667 748 308
8 GENERAL PLAN IMPLEMENTATION STATUS
The city is continuously implementing all aspects of the 20 30 General Plan, but in 202 3, there were a number of areas that the city excelled in. This includ ed environmental resources and hazards, active living and mobility, jobs creation, and social justice. The following sections outline distinct accomplishments and growth achieved by the city, in compliance with General Plan objectives and policies.
Plan for the Natural Environment
Conservation Element
Biological Resources
Objective 3.4: Identify, preserve, and maintain important biological system within the Lancaster sphere of influence, and educate the general public about these resources, which include the Joshua Tree – California Juniper Woodlands, areas that support endangered or sensitive species, and other natural areas of regional significance.
Implementation: Joshua trees in particular continue to be a conservation priority for the city. All projects involving potential impacts to Joshua trees are referred to the California Department of Fish and Wildlife for review and mitigation.
Energy Resources
Policy 3.6.5: Reduce the amount of energy consumed by City operations and assist residents and businesses in reducing their energy consumption rates.
Implementation: Since 2015, Lancaster has purchased energy for residents and businesses through its Community Choice Aggregator, operated a local, not-for-profit power program called Lancaster Choice Energy (LCE). Current plans include Clear Choice the baseline offering, which provides power from 35% renewable energy sources, and Smart Choice, which allows customers to “opt -up” to 100% renewable energy. These programs continue to reduce or eliminate the environmental impacts of energy consumption within Lancaster.
Through the additional Power Choice Program, which became available was approved by Council in 2023, LCE has partnered with Tesla and Participate.Energy, LLC to install rooftop solar and a battery on single -family residences at no additional cost to the resident. This service requires no credit check or underwriting on the part of the resident, making solar available to homeowners citywide. 9 Policy 3.6.6: Consider and promote the use of alternative energy such as wind energy and solar energy.
Implementation: Beginning in 2020, the city has now formed partnerships under the Pacific Hydrogen Alliance (PHA) with international government officials to become the first hydrogen city in the United States.
Delegates from the County of Hawaii and from Namie, Japan, visited Lancaster in 2023, and attended the 2023 VerdeXchange Conference in Los Angeles along with c ity officials. Lancaster was also the first city to join California’s Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) and through that initiative the City is working to establish a hydrogen hub funded by the California Department of Energy.
The city has formed additional partnerships with Heliogen and SGH2.
Heliogen, which generates hydrogen from concentrated solar energy, will serve as the technology provider, project developer, builder, operator, and equity partner for a green hydrogen generation facility in the city. Heliogen’s research and development facility received Planning entitlement in 2023, and their production facility is scheduled for approval in 2024. SGH2 is working to bring a green hydrogen production facility to Lancaster, which the city would host and co -own. The facility will be able to process 42,000 tons of recycled water annually and produce 3.8 million kilograms of green hydrogen each year.
SGH2’s facility was approved in
December 2022, and their building permit submittal is expected in late 2024.
In late 2022, Element Resources secured a long -term site lease in Lancaster to build, own, and operate a 100% zero-carbon, renewable clean energy center. Element will build a large PV solar array to feed renewable electricity to electrolyzers for splitting water into pure hydrogen and oxygen. This non-combustion process does not rely on electricity from the power grid and will produce only renewable, Zero-Carbon Hydrogen. The facility will be completely off -grid and will consist of 650-MW of solar arrays, 330 MWh of battery storage, and 400 MWe of hydrogen production. The project is scheduled for approval in early 2024.
Scenic Resources
10 Objective 3.8: Preserve and enhance important views within the City, and significant visual features which are visible from the City of Lancaster.
Implementation: In 202 3, the city continued operation of its TIDE (Team of Illegal Dump Eliminators) Crew, which was established in 2020 and works to clear abandoned trash and graffiti citywide. These efforts serve to preserve and beautify high-traffic areas and local natural landscapes.
In early 2022, the c ity introduced the TIDE -Y Up A Mile (TUAM) program, allowing community members to adopt a roadway section for a two-year period, affording an opportunity to beautify a portion of the community and bring awareness to their work. This work continued into 2023, notably including a clean-up event hosted on April 29th in honor of Earth Day, and a TUAM event hosted by the Lancaster Community Center on June 24 th which engaged 41 volunteers and organizations.
Plan for Public Health and Safety
Noise & Safety Element
Crime Prevention and Protection Services
Policy 4.6.1: Ensure that adequate law enforcement is provided to the residents and businesses of the City of Lancaster.
Implementation: 2023 saw the formation of a Lancaster Police Department (LPD), establishing a community -led hybrid policing model in partnership with the LA County Sheriff’s Department (LASD). This type of innovative hybrid policing model will help free up resources for the LASD to continue its focus on major crimes , while the City’s Department implements new prevention programs to get ahead of the safety issues faced in the community. The LPD’s new Chief of Police, Rodrick Armalin, is a 34-year law enforcement veteran and is committed to “
stepping up our accomplishments with new
programs, including drug education and human trafficking awareness campaigns targeting young adults.”
Crime Prevention and Protection Services
Policy 4.6.3: Promote programs and partnerships that encourage residents to take a proactive role in community safety and the welfare of their neighborhoods.
Implementation: In early 2023, Lancaster Mayor R. Rex Parris announced a new initiative aimed at enhancing neighborhood safety. This program 11 offers financial assistance to neighborhoods interested in improving security measures, such as installing gates and security cameras, and provides support throughout the application and implementation process.
Disaster Preparedness and Evacuations
Policy 4.8.1: Maintain a level of preparedness to respond to emergency situations that will save lives, protect property, and facilitate recovery with minimal disruption.
Implementation: In 2023, the city began efforts to update its Hazard Mitigation Plan, aimed at enhancing the community's preparedness and response to natural hazards and other potential disasters . A public meeting was held on November 30 th, to gather input from citizens to guide planning efforts.
Policy 4.9.1: Ensure city residents and businesses can effectively evacuate during or after an emergency/hazard event, if necessary.
Implementation: In 2023, the City of Lancaster, the City of Palmdale, and the Antelope Valley Fair Authority worked in conjunction to begin plans for a Multi-Agency Regional Resilience Center (MARRC). The MARRC is intended to include 240,000 square feet of new and renovated space at the existing AV Fair & Event Center and would serve as a large - scale emergency shelter available regionally to Lancaster and Palmdale residents. In June of 2023, the project received a $20 million grant from the California Department of Food and Agriculture (CDFA), significantly bolstering City funds. Planning and construction work for the project will continue into 2024.
Emergency Medical Facilities
Policy 4.10.1: Promote the provision of quality medical facilities and services to meet the needs of area residents and facilitate the expansion and extension of quality medical and emergency medical facilities to meet the needs of Lancaster residents and businesses.
Implementation: Adoption of the Lancaster Health District (LHD) Specific Plan in 2021 provided a vision and implementation guide for developing a “nationally acclaimed and regionally significant center of health, wellness, and innovation”. The LHD will include a significant collection of new medical offices, clinics, and support facilities within the immediate area of the existing Antelope Valley Hospital. In 2023, implementation of LHD began with the start of Phase I capital 12 improvements, to provide access and connection to the development. These improvements are expected to be completed in mid-2024, which will trigger the beginning of Phase II improvements.
Plan for Active Living
Open Space Element
Pedestrian, Equestrian, and Bicycle Trails
Objective 10.2: Through the adoption and implementation of a Master Plan of trails, establish and maintain a hierarchical system of trails (including equestrian, bicycle, and pedestrian trails) providing recreational opportunities and an alternative means of reaching schools, parks and natural areas, and places of employment, and connecting to regional trail systems.
Implementation: In April of 2022, the California Department of Transportation (Caltrans) awarded the City of Lancaster $5 million in Clean California Local Grant fundi ng for the City’s Amargosa Recreational Trail Project. The Amargosa Recreational Trail provides a roughly two - mile corridor of protected bicycle and pedestrian trails and public art along Amargosa Creek between Avenues H and J, connecting residents and vi sitors to key cultural centers, businesses, recreational opportunities, residential communities, future developments, schools, healthcare facilities, and transit stops. In 2023, these improvements are in the planning phase.
Policy 10.2.4: Facilitate the use of bicycles as an alternative form of transportation, as well as a form of recreation.
Implementation: In October of 2023, the City received $61,250 in grant funds from the California Office of Traffic Safety (OTS) to implement the Just SNAP it! Traffic Safety Education Program. This program aims to increase traffic awareness and safety , and particularly targets drivers aged 16-25 years old, distilling the importance of sharing the road with pedestrians and bicyclists. In the words of Lancaster Mayor R. Rex Parris, “by helping our young drivers build safe driving habits, we can create safer roadways not only for them but all who share the road.”
On September 16th, the city hosted a “Walk N Roll Fest” on The BLVD.
The one-day festival opened eight blocks of Lancaster streets to non- vehicular traffic only and feature d music, info rmation booths, entertainment, and food. This highly successful event aimed to encourage sustainable modes of transportation (biking, walking, and 13 transit) and boost customer num bers for the numerous shops and community resources along The BLVD.
Plan for Physical Mobility
Circulation Element
Vehicle Miles Traveled (VMT) Mitigation Program
Implementation: In 2023, the city adopted an innovative VMT Mitigation Program, with the intention to gradually reduce citywide VMT. The program allows proposed developments to pay a mitigation fee when necessary to offset their anticipated traffic impacts, generating revenue for city projects which reduce vehi cle miles traveled. The improvements associated with the approved program include pedestrian/bicycle network improvements, traffic -calming infrastructure, improved street connectivity, and incentivizing use of alternative travel modes.
Streets and Highways
Policy 14.1.6: Work with regional partners to ensure that the regional circulation system provides adequate connections across the Antelope Valley for convenient circulation and rapid emergency access.
Implementation: At the beginning of 2023, the North County Transportation Coalition (NCTC) announced the appointment of Marvin Crist, Vice Mayor of Lancaster, as its Chair for the Board of Directors. In addition to his appointment as Chair for the NCTC, he is currently the Chairman of the Antelope Valley Transit Authority (AVTA), which recently reached the milestone of ten million miles of zero -emission bus operations. Vice Mayor Crist is a champion of transportation initiatives and has been recognized for his extensive wo rk in the Antelope Valley, having been named the 2020 Lancaster Chamber of Commerce Citizen of the Year and the 2021 California Transportation Champion of the Year.
Policy 14.2.3: Support a roadway network that takes into consideration noise and safety issues, along with other quality of life issues.
Implementation: In December of 2023, the city was allocated $19.7 million from the U.S. Department of Transportation's Safe Streets and Roads for All (SS4A) Grant Program, which will be dedicated to implementing vital safety enhancements along Challenger Way.
This corridor has
witnessed a total of 148 crashes, including 9 fatalities or severe injuries, between 2017 and 2021 . This funding will allow for the 14 design and implementation of infrastructure improve ments which will prioritize safety while enhancing the overall traffic flow.
Plan for Municipal Services and Facilities
Solid Waste Management
Policy 15.2.2: Minimize the generation of solid wastes as required by state law…through an integrated program of public education, source reduction, and recycling.
Implementation: The State of California’s Senate Bill 1383 mandates organics recycling with a goal to reduce greenhouse gas emissions and promote sustainable waste management practices. Starting January 2024, the State of California announced that they will begin auditing whether residents are complying with the new policies and will issue citations based on non -compliance. In order to help residents prepare, the city conducted soft audits in the fall and winter and communicated with residents and businesses who needed to take further action to comply with SB 1383 requirements. This outreach also included educational materials and articles to help inform the public.
Coordination of Development and Public Services
Policy 15.3.2: Ensure that the city is proactive in addressing the infrastructure and service needs of the wireless communications industry.
Implementation: Race Communications announced in January of 2023 that it would be commencing service of fiber-based, multi-gig internet in the City of Lancaster, making it the first city in California with internet speeds of up to 10Gbps available to residential homes city -wide. This exciting milestone is the culmination of work which began in 2022, to install fiber cables throughout city streets and rights-of-way.
Race
Communications is expected to complete their citywide endeavor by the third quarter of 2024.
The City in partnership with Race Communications unveiled their Public Wi -Fi program “Poppy -Fi” which will provide free internet connections at all city parks and facilities.
Plan for Economic Development and Vitality
Creation and Retention of Local Employment
15 Policy 16.1.1: Promote a jobs/housing balance that places an emphasis on the attraction of high-paying jobs which will enable the local workforce to achieve the standard of living necessary to both live and work within the community.
Implementation: The ongoing implementation, adaptation, and creation of Specific Plans allow for targeted development in high -impact areas of the city. The Downtown Lancaster Specific Plan and Transit -Oriented Development Specific Plan allow for additional commercial property in a high-density area of the city, and the Fox Field Specific Plan and Business Park Specific Plans designate expansive area for office and light industrial. The new Lancaster Health District Specific Plan adopted in 2021 specifically targets medical and associated businesses to locate near the existing Antelope Valley Hospital.
In addition, the city continues to process Zone Changes and General Plan Amendments to accommodate changing market demand. The currently proposed 15
th Street West & Avenue L Mixed-Use
Development is a prime example of this.
Policy 16.2.2: Provide local businesses with access to financial, technical, labor, and regulatory assistance when feasible in order to promote business success.
Implementation: Starting in 2022, Lancaster launched a program in partnership with Bludot Technologies, Inc., the “Shop Local – Open Rewards” program. Through Bludot’s open rewards platform, consumers can download a mobile app to earn rewards
for shopping locally.
Consumers either link their card or scan receipts to earn 5% rewards for shopping at locally owned, brick -and-mortar businesses. Once enough rewards are earned, they can be redeemed at other small businesses in the community. In 2023, a total of 3,956 users utilized this app while shopping at 298 local businesses. 13,767 rewards - eligible purchases generated a staggering $650,404 in economic impact throughout the calendar year , and a total of $166,266 in rewards funds were distributed back to consumers.
Establishment of Lancaster as a Center for Regional Activities Policy 16.5.2: Encourage the development of recreational uses which can stimulate economic growth and provide for local recreational needs.
16 Implementation: The City of Lancaster, the United Soccer Leage (USL), and Antelope Valley Soccer, Inc. (USL Antelope Valley) announced in October that they plan to bring men’s professional and women’s pre-professional soccer to the A V. The existing Lancaster Municipal Stadium will be converted from its minor league baseball configuration to a 5,300 seat, soccer -specific stadium for the teams. This unique, public - private partnership will bring professional soccer to the Antelope Valley to be played in only the fourth profes sional soccer- specific stadium in Southern California.
Plan for Physical Development
Land Use Element
Define Land Use Categories
Policy 17.1.1: Maintain an adequate inventory of land for residential, commercial, employment, quasi-public, public, and open space uses.
Implementation: The city has continued to maintain an adequate inventory of land zoned for a variety of uses, and has reviewed and approved Zone Changes and General Plan Amendments when the development market calls for new or different uses in a given area.
Policy 17.1.4: Provide for office and industrial -based employment -generating lands which are highly accessible and compatible with other uses in the community.
Implementation: Implementation of the Downtown Lancaster Specific Plan has allowed for the zoning of additional office space near the City’s central downtown, and the nearby Transit- Oriented Development Specific Plan permits additional light industrial and office area to meet community demand. Both Specific Plans are in imme diate proximity to the Lancaster Metrolink Station, providing convenient access to the Antelope Valley rail line.
Community Design
Policy 19.1: Promote the long-term image and livability of Lancaster as a unique community with a strong sense of place through the development and application of comprehensive community design guidelines.
Implementation: The Lancaster Design Guidelines (LDG), originally adopted in 2009, provide the basis to achieve quality design for all development within the City of Lancaster. The LDG call for Smart Growth through the construction of walkable and mixed -
use developments,
sustainability and compatibility with existing terrain, water - 17 conserving streetscapes, and consistent 360° architecture in natural earth tones. These design elements are consistent with the City’s prioritization of sustainable practices, while paying homag e to the area’s historic location as part of the Mojave Desert.
One aspect unique to Lancaster is the presence of Edwards Air Force Base, Northrop Grumman, and Lockheed Martin as three of the principal employers in the area. Public art in Lancaster, including multiple existing installations in the Boulevard downtown area, include references to the City’s aviation history.
Interagency Land Use Coordination
Policy 20.1.1: Promote harmonious and mutually beneficial uses of land between the City of Lancaster, the City of Palmdale, the Counties of Los Angeles, Kern and San Bernardino, and the United States Air Force.
Implementation: All development projects with potential for regional impacts are routed for review by the neighboring agencies identified in this policy.
Housing Element
Housing Element Update
Implementation: The updated 2021-2029 Housing Element was adopted in 2022 and is certified by the California Department of Housing & Community Development. This update allows for a reevaluation of housing needs, constraints and resources in the Lancaster area, and identifies adequate capacity to facilitate development of the 9,
023 units
allocated to Lancaster through the Regional Housing Needs Assessment (RHNA) developed by the Southern California
Association of Governments (SCAG). The Housing Element makes particular note of disadvantaged communities which may be most impacted
by housing disparities, identifying goals and funding to alleviate strain on persons experiencing homelessness, special needs residents (including persons with disabilities, the elderly, large households, farmworkers, and female headed households), and racially/ethnically concentrated areas of poverty.
In 2023, the City processed and adopted a “Housing Element Implementation” Zone Text Amendment to modify sections of the Municipal Code, in order to establish consistency with state law and the newly adopted Housing Element.
18 Environmental Justice Element
Healthy and Affordable Housing
Policy EJ-1.1 Promote and further fair housing policies and programs.
Implementation: The city announced its First -Time Homebuyer Program in 2023, providing down payment assistance to help local families bridge the funding gap to buy their first home and put them on a path to building generational wealth. This year, six families from various backgrounds (ranging from single parents with children to young couples and professionals) closed on homes under the program, and six more have been approved for funding and are shopping for homes.
Policy EJ-2.1 Support and expand programs that increase awareness among residents about property maintenance, upkeep, weatherization, and neighborhood quality.
Implementation: In September of 2023, the city launche d a Housing Rehabilitation Program, offering grants for emergency repairs, housing rehabilitation loans, and turf replacement, with additional funding available for veterans, seniors, and disabled citizens. This variety of funding categories allows the c ity to cater to the different needs present within the community, ensuring that safe and well - maintained housing options are available throughout the Lancaster area.
Community Programs and Services
Policy EJ-7.2 Promote health equity and access through policy evaluation and health valuation.
Implementation: The City of Lancaster and the City of Palmdale announced in 2023 that they would be collaborating to fight the ongoing opioid crisis in the Antelope Valley. Mutual efforts will ensure that resources, including naloxone training, opioid abuse treatment, and services for opioid-addicted pregnancies, are made equitably available across the region.
Jurisdiction Lancaster
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation PROGRAM H-1.1:
ADEQUATE SITES Meet RHNA. Ongoing City tracks new housing projects and a quarterly residential summary report is updated and posted online.
PROGRAM H-1.2: NO NET
LOSS Ensure no net loss. Ongoing City reviews development proposals against the Housing Element sites inventory and no projects are requesting a lower density.
PROGRAM H-1.3:
AFFORDABLE HOUSING
TECHNICAL ASSISTANCE
Provide assistance to affordable
housing providers and address zoning
and code compliance issues.
Ongoing The City's Housing division provides assistance to housing providers by advising on local zoning and code compliance.
PROGRAM H-1.4:
AFFORDABLE HOUSING
ON LARGER SITES
Assist the development of housing for
lower-income household on larger sites. Ongoing
The City will facilitate ministerial reviews of lot line adjustments and streamline and expedite the approval process for land division for projects that include affordable housing units.
PROGRAM H-1.5:
ACCESSORY DWELLING
UNITS
Promote the development of accessory
dwelling units.
Within two years of
Housing Element adoption A new ADU ordinance was adopted in October 2023.
PROGRAM H-1.6: WATER
AND SEWER SERVICE
PROVIDERS
The City will submit the Housing
Element, within 30 days of adoption, to
City of Lancaster water and sewer
service providers.
Within 30 days of adoption
of Housing Element Completed.
PROGRAM H-2.1:
AFFORDABLE HOUSING
PARTNERS, FUNDING,
AND RESOURCES
Seek funding sources, coordinate with
LACDA. Ongoing City continues to coordinate with LACDA and pursue funding sources.
PROGRAM H-2.2:
ADDRESS
HOMELESSNESS
Continue to implement the 2018
Homelessness Plan. Ongoing City continues to implement this plan.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 PROGRAM H-2.3:
EXTREMELY LOW-
INCOME AND SPECIAL
NEEDS HOUSING
Provide housing opportunities to meet
the housing needs of special needs
residents.
Ongoing In 2023, the City revised the zoning ordinance to expand incentives for special needs residents, including reduced parking requirements.
PROGRAM H-2.4:
HOUSING FOR PERSONS
WITH DISABILITIES
Assist developers who seek State and
federal monies in support of housing
construction and rehabilitation targeted
for persons with disabilities, including
persons with developmental disabilities.
Prioritize funding toward housing for
persons with disabilities, as available.
Ongoing City continues to assist developers.
PROGRAM H-2.5:
SECTION 8 VOUCHER
PROGRAM AND PUBLIC
HOUSING
Continue partnership with the Los
Angeles County Development Authority
(LACDA), which administers the
Housing Choice Voucher (Section 8)
rental assistance program in Lancaster.
Ongoing City continues its partnership with LACDA.
PROGRAM H-2.6: DENSITY
OVERLAY
To further encourage flexibility within
the HDR zone and commercial zones
where high-density residential is
permitted.
In conjunction with
Housing Element adoption City adopted a new Housing Density Overlay Zone in 2022.
PROGRAM H-2.7:
VISITABILITY/HOUSING
MOBILITY
The City will promote visibility through
information on the City’s website and at
public counters.
Ongoing City staff continue to create and refine checklists, handouts, and pamphlets for public access.
PROGRAM H-2.8
LEVERAGE CITY-OWNED
LAND FOR THE
DEVELOPMENT OF
AFFORDABLE HOUSING
PROJECTS
Proactively follow all requirements of
the Surplus Land Act, Article 8
(commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title
5, including holding a public hearing
designating the properties as “surplus
properties” under California Law.
Ongoing
The City’s Housing Authority has a significant supply of land acquired for the express purpose of providing affordable housing; these sites are the subject of a number of current and upcoming affordable housing projects. The City has nine HNR projects that are pending resulting from batches of surplus land.
PROGRAM H-3.1:
MONITOR AND PRESERVE
AFFORDABLE HOUSING
AND AT-RISK UNITS
Either retain or replace as low-income
housing all at risk units in the city. Ongoing The City monitors the 661 units of affordable, multi-family units that have expiring affordability covenants.
PROGRAM H-3.2: HOME
OWNERSHIP ASSISTANCE
City will continue to support first-time,
low- and moderate-income home buyers
in Lancaster
Ongoing
The City’s First Time Home Buyer Program (“FTHB”) is available for a limited number of deferred payment (no monthly loans (with no interest) second mortgage loans.
PROGRAM H-3.3: CODE
ENFORCEMENT AND
RENTAL HOUSING
INSEPCTION
Continue to use code enforcement to
support housing preservation and
neighborhood quality and identify
housing maintenance issues.
Ongoing City continues to require a business license for all rental housing and to conduct inspections of rental housing.
PROGRAM H-3.4: ENERGY
CONSERVATION
Encourage energy-efficient design and
energy conservation, and help residents
minimize energy-related expenses.
Ongoing
The City offers a solar program in partnership with Tesla, to facilitate the installation of residential roof-mounted solar at no additional cost to homeowners. Energy-efficient design is encouraged when feasible for all projects.
PROGRAM H-4.1:
PLANNING AND
DEVELOPMENT FEES
Continue to conduct periodic reviews of
planning and development fees to
ensure that the fees are not excessive
and are appropriate to cover the cost of
services provided, including an
assessment of newly instituted
incentives/fee reductions for
development.
Ongoing
Fees effective October 2, 2023 are posted on the City's website. Since 2021, the City has implemented a Development Fee Incentive Program which reduces fee requirements in the city's core, in order to encourge infill development.
PROGRAM H-4.2:
ENCOURAGE HOUSING IN
MIXED USE ZONES
Review the existing standards for Mixed
Use zones (MU-N, MU-C, MU-E, MU-
TOD) and consider changes that would
further encourage residential
development.
Complete In 2023, the City revised the zoning ordinance in compliance with this program.
PROGRAM H-4.3:
DEVELOPMENT PROCESS
STREAMLINING
Provide timely review of discretionary
and non-discretionary residential
development requests, with fees
sufficiently only to cover the actual
costs (direct and overhead) incurred by
the City.
Ongoing; SB 35
informational material
within one year of Housing
Element adoption;
research and apply for
available grants within
four years of Housing
Element adoption to
support a fully functional
land management
database within 6 years of
Housing Element
adoption.
City has implemented an online land use management database system.
PROGRAM H-4.4: DENSITY
BONUS
Maintain an affordable housing density
bonus ordinance that establishes
procedures for obtaining and monitoring
density bonuses in compliance with
State law.
Ongoing In 2023, the City revised the zoning ordinance in compliance with this program.
PROGRAM H-4.5: ZONING
ORDINANCE
COMPLIANCE WITH
HOUSING
ACCOUNTABILITY ACT
AND MINISTERIAL
APPROVAL OF PROJECTS
Amend the zoning ordinance to comply
with Housing Accountability Act, adopt
objective design stands and identify
projects that require a Site Plan Review
and Director's Review
Ongoing In 2023, the City revised the zoning ordinance in compliance with this program.
Program H-4.6:
FARMWORKER HOUSING
IN RESIDENTIAL ZONES
Amend Zoning Ordinance regulations
for the residential zones (RR-1, RR-2.5,
and SRR) to comply with California
Health and Safety Code Section 17021.6
Ongoing In 2023, the City revised the zoning ordinance in compliance with this program.
PROGRAM H-4.7: ZONING
FOR EXTREMELY LOW-
INCOME AND SPECIAL
NEEDS HOUSING
To fully comply with emergency shelter
and low-barrier navigation centers state
law
Ongoing In 2023, the City revised the zoning ordinance in compliance with this program.
PROGRAM H-4.8: NON-
GOVERNMENTAL
CONSTRAINTS
Continue to monitor and evaluate
development standards and advances in
housing construction methods.
Ongoing City continues to monitor and evaluate development standards and in 2023, the City revised the zoning ordinance in compliance with this program.
PROGRAM H-4.9: LARGE
HOUSING FACILITIES FOR
PERSONS WITH
DISABILITIES
Review and revise the Zoning Ordinance
as needed to similarly permit large
residential care facilities in zones where
residential uses are permitted or pursue
other mitigating options to remove
constraints to development.
Complete In 2023, the City revised the zoning ordinance in compliance with this program.
PROGRAM H-5.1: FAIR
HOUSING
Continue to work with and refer fair
housing complaints to the Housing
Rights Center (HRC), whose services
include counseling and mediation
between tenants and landlords, fair
housing trainings, workshops, and
outreach.
Ongoing City is continuing to work with HRC.
PROGRAM H-5.2:
AFFIRMATIVELY
FURTHERING FAIR
HOUSING
Address Housing Discrimination
Persons with Physical or Mental
disabilities, Access to
Opportunities, and Racially/Ethnically
Concentrated Areas of Poverty
Ongoing
The City updated the Analysis of Impediments (AI) to Fair Housing. The City also identified a developer for and rezoned 35 acres of Housing Authority property (HNR-3) for higher density residential use in 2023. The RFP for HNR-3 was released in December 2022. A developer team was selected and the application materials for the project are due to be submitted in May 2024 with approval by the end of the year.
General Comments
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STAFF REPORT
City of Lancaster
CC 20
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation, & Community Services Subject: License Agreement – City Hall North Parking Lot Recommendations:
1. Approve license agreement for use of land known as City Hall’s North Parking Lot from Southern California Edison through April 30, 2029, for an amount not to exceed $29,887.11.
2. Authorize the City Manager, or his designee, to sign all documents related to the lease agreement.
3. Authorize the City Manager, or his designee to execute future license agreements for City Hall’s North Parking lot with Southern California Edison for similar uses.
Fiscal Impact:
FY24 - $5,408.81; sufficient funds are available for FY24 budget 10160000.5330. Future budget allocations will be needed as follows: FY25 - $5,679.25; FY26 - $5,963.22; FY27 - $6,261.38; FY28 - $6,574.45. Resulting in a total fiscal impact of $29,887.11, through the contract term of April 30, 2029.
Background:
The current license agreement for the use the North Parking Lot, located on a portion of parcels 3133- 002-802 and 3133-002-803 that is owned by Southern Edison, expires on April 30, 2024. The City finds value in extending its agreement an additional five years to bridge the parking needs gap for public parking and staff. Several agreement requirements are highlighted below:
•Southern Edison retains the right to unobstructed access to the property and may need to create and maintain specific access roads with a certain weight capacity. •City improvements to the property require written approval from Southern Edison. •The City can place its property on the lot through the agreement period and storing third-party property for more than 24 hours requires specific written permission. 1 5
8 9
•Storage of any flammable or hazardous materials requires written permission. •All equipment, trees, and plants must maintain a safe clearance from overhead electrical wires. •The property shall be kept clean and free of weeds, brush, trash, and debris. •Permission must be granted before placing any signs on the property.
By continuing this lease agreement, the city will ensure continued access to valuable parking for residents and visitors in a convenient location.
SP:AC
Attachment:
License Agreement Contract No. 9.2242
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SCE Doc. 57709 Att. Contract No. 9.2242
Initial (_______)/(_____/______)
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CITY OF LANCASTER
L I C E N S E A G R E E M E N T
INDEX OF ARTICLES
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5. LICENSOR’S USE OF THE PROPERTY
6. LICENSEE’S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES
9. ACCESS AND CLEARANCES
10. PARKING (MODIFIED)
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS WASTE
15. SIGNS
16. FENCING AND EXISTING FIXTURES
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAW
26. GOVERNING LAW
27. INDEMNIFICATION
28. TERMINATION
29. EVENTS OF DEFAULT
30. REMEDIES
31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION
32. LIMITATION OF LIABILITY
33. NON-POSSESSORY INTEREST
34. WAIVER
35. AUTHORITY
36. ELECTRIC AND MAGNETIC FIELDS
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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37. INDUCED VOLTAGES
38. NOTICES
39. RECORDING
40. COMPLETE AGREEMENT
41. SIGNATURE AUTHORITY
42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUM(S)
PARKING
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFO RNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and , CITY OF LANCASTER called "Licensee";
WITNESSETH: That Licensor, for and in considerat ion of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set fo rth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor’s Parcel Numbers 3133-002-802 and 3133-002-803, situated in the City of Lancaster, County of Los Angeles, State of Californ ia, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.
Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:
● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels.
● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.
● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.
● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.
● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License.
● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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1. Use: Licensee will use the Property for parking purposes only. Licensor makes no representation, covenant, warranty or promise that th e Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Proper ty in accordance with this License as determined by the Licensor in its sole discretion will be d eemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.
2. Term: Unless otherwise terminated as prov ided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of May, 2024 and ending on the last day of April, 2029. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatso ever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licenso r the sum of Five Thousand Four Hundred Eight and 81/100 Dollars ($5,408.81) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor mu st be in the form of a check or money order payable to Southern California Ed ison Company. No cash payments will be accepted by Licensor.
Payment schedule:
Year Term Yearly
Amount
Payment Due
First Day Of
First Year 2024 $5,408.81 May
Second Year 2025 $5,679.25 May
Third Year 2026 $5,963.22 May
Fourth Year 2027 $6,261.38 May
Fifth Year 2028 $6,574.45 May
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.
Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.
All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.
4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy lim it. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability In surance, including contract ual liability and products liability, with limits not less than $1,000,00 0.00 per occurrence and $1,000,000.00 in DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
Self - Insurance: Licensee may self-insure all of the insurance requirements above if they The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of in surance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreemen t, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of ca ncellation. The required in surance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licenso r, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.
6. Licensee's Improvements: Licensee must subm it, for Licensor's prior written approval, complete improvement plans, including, but not limit ed to, grading, lighting, landscaping, grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines cont ained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans on ly; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Li censee’s proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.
To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.
Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county buildi ng requirements, other legal requirements, or the generally accepted standard of care.
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improv ements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixt ures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.
7. Licensee's Personal Property: (i) Licensor gr ants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor sha ll be revoked upon the ea rlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.
Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licensee’s activities on the Property, includin g its use and/or removal of Licensee’s personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time.
(ii) Unless as specifically provided for in an Addendum to this Agre ement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.
Licensee will defend and indemnify Licensor, its directors, office rs, agents, subcontractors, and employees, and its successors and a ssigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party’s personal property.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below:
Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee’s expense, any tree and/or other planting.
9. Access and Horizontal Clearances: License e will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required by Licensor for structures.
10. Parking: (DELETED)
11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables, Waste and Nuisances: Unl ess permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or stor e any flammable or combustible materials or waste materials on the Property or commit any waste or da mage to the Property or allow any to be done.
Licensee will be responsible for the control of and w ill be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.
Licensee will not permit dogs on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, incl uding but not limited to, containers, clothing and equipment, in the manner prescribed by law.
14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, st ate or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or wa ste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from le aks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.
15. Signs: Licensee must obtain written approv al from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of th e graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the sign s in a manner reasonably acceptable to Licensor.
Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing and Existing Fixtures: Licenso r disclaims any and all express or implied warranties for any fencing and/or other fixtures a ffixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licen see may install fencing on the Property with prior written approval from Licensor. Such fencing will in clude double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed ne cessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.
18. Irrigation Equipment: Any irrigation eq uipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licen see desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Grou nd Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval.
20. Underground Facilities: Any underground fac ilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installa tion. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.
Licensee will compact any earth excavated to a comp action of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and a ssessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.
22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep th e Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.
23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.
All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.
24. Assignments: This Agreement is pers onal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.
25. Compliance with Law: Licensee will comply wi th all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applic able ordinances, zoning DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.
26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.
27. Indemnification: Licensee shall hold ha rmless, defend and indemnify Licensor, its officers, agents and employees, an d its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.
28. Termination: Licensor or Licensee ma y terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) whic h Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-paym ent of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering th e unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement
29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consider ation due under Article 3, or to make any other payment required to be made by Licensee when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee’s activities under this Agreement.
(d) Any attempt to exclude Licensor from the licensed premises.
(f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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restored to Licensee within five (5) days; th e attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days.
(g) Any case, proceeding or other action br ought against Licensee seeking any of the relief mentioned in "clause f" of this Article whic h has not been stayed or dismissed within thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of th is Agreement to be observed or performed by Licensee. Licensor shall provide written no tice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After pr oviding initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.
30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.
31. Licensee’s Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is eff ected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.
If Licensee fails or refuses to remove any of Licensee’ s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.
Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attrib utable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Li censor’s initial use of the Property.
Licensee agrees to pay such expenses to Licensor upon demand.
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32. Limitation of Liability:
IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,
WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURS UANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTIO N OF LICENSEE’S PERSONAL PROPERTY,
BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF
THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.
FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,
LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT.
33. Non-Possessory Interest: Licensor retain s full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.
34. Waiver: Licensor shall not be deemed to wa ive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licen see. Licensor’s acceptance of pa yment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.
35. Authority: This Agreement is executed su bject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Pu blic Utilities Commission or on Gran tor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.
Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.
36. Electric and Magnetic Fields (“EMF”): There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and dist ribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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potentially important public health questions re main about whether there is a link between EMF exposures in homes or work and some diseases in cluding childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). Wh ile scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Li censee and those who may enter the property under this agreement, the information available about EM F. Accordingly, Licensor has attached to this document a brochure that explains some basic fa cts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.
37. Induced Voltages: Licensee hereby acknowle dges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced vo ltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to indi viduals contacting the Stru ctures or other utilities connected to the Structures (including, but not lim ited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and vo ltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.
Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, it s parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, da mage, actions, causes of action, expenses and/or liability arising from or growing ou t of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.
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38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern Ca lifornia Edison Company
Vegetation & Land Management
Land Management – Northern Region
2 Innovation Way
Pomona, CA 91768
To Licensee: City Of Lancaster
44933 North Fern Avenue
Lancaster, CA 93534
Business Telephone No. (661) 723-6074
Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.
39. Recording: Licensee w ill not record this Agreement.
40. Complete Agreement: Licensor and License e acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amen ded, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amen ded only by way of a writing executed by both parties.
41. Signature Authority: Each of the pers ons executing this Agreement warrants and represents that he or she has the full and complete au thority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.
42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
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IN WITNESS WHEREOF,
the parties hereto have caused this Agreement to be executed in duplicate.
L
I C E N S O R :
SOUTHER
N CALIFORNIA EDISON COMPANY
By___________________________________________
BRYAN EDMUNDS
Real Estate Senior Specialist
Land Management – Northern Region
Vegetation & Land Managment
_____________________
Date
LICENSEE:
CITY OF LANCASTER
By___________________________________________
JASON CAUDLE, City Manager
_____________________
Date
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06 March 9, 2023 | 8:12:51 AM PST
March 24, 2023 | 8:59:20 AM PDT
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APPENDIX
Guidelines for Standard Licensee Improvements
The foll
owing criteria are provided to aid in devel oping a conceptual plot plan to be submitted to Southern California Edison Compan y herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.
Plans sh
ould be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.
The plan must show the locations of all “Licensor” towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.
SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shad e structure locati ons, should
be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 10
0 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade st
ructures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edg
e of 16-foot wide access roads
b. 50-foot radius around suspension tower legs, H-Frames and poles c. 10
0-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles
3. Shade structures must utilize the following design:
a. Tem
porary/slip joint construction only
b. Non
-flammable frame only
c. Adeq
uately grounded by a licensed electrical engineer
d. Shade covering must be
non-flammable and manufactured with non-hydrocarbon materials.
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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)
1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locati
ons, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a.
100 feet in length
b. 50 feet in widt h
c.
15 feet in height
2. Shadeh
ouses/hothouses will not be permitted within the following areas reserved for Licensor’s acce
ss:
a.
Within 2 feet from edge of 16-foot wide access roads
b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/ guy wires, poles and wood poles
3. Shadehouses/hothouses must utilize the following design:
a. Tem
porary/slip joint construction only
b.
Non-flammable frame only
c.
Adequately grounded by a licensed electrical engineer
d.
Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOU
SES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS / WELLS
1. Maximum diameter of pipe: 3 inches
2. All pipe must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a.
Within 2 feet from edge of 16-foot wide access roads
b. 50 -foot radius around suspension tower legs, H-Frames and poles DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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c. 100-foot radius around dead-end tower legs, H-Frames and poles
4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way
5. Suitabl
e identification markers will be required on main controllers and valves
6. Locati
ons of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Eart
h disturbed must be compacted to ninety percent (90%)
LANDSCAPING
1. No t rees will be permitted under the overhead electrical conductors or within 20 feet of the “drip line” of the conductors
2. Trees m
ust have slow to moderate growth, and must be of a variety that grows to a maximum height o
f only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet
3. Plac
ement of large rocks (boulders) must be approved in writing by Licensor
4. Any moun
ds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining walls, plante
rs, etc. may be considered on a case by case basis and must be approved in writing by Licensor
TRAILERS (De
finition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a.
Must have axles and wheel and be able to be moved
b.
Maximum length: 40 feet
c.
Maximum height: 15 feet
d.
Maximum width: 12 feet
2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a.
Within 2 feet from edge of 16-foot wide access roads
b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/ guy wires, poles and wood poles e.
Under or within 10 feet of the conductor “drip lines”
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3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Locati
on of all electrical and telephone lines must be approved in writing by Licensor
5. Electric
al lines must be installed by a licensed -general contractor.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adeq
uately grounded by a licensed -general contractor
PARK
ING AREAS
Pa
rking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.
MATERIAL STORAGE
1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licen sor to provi
de Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic
or flammable materials will be permitted
4. No m
aterials shall be stored within the following areas reserved for Licensor’s access:
a.
Within 2 feet from edge of 16-foot wide access roads
b.
50 - foot radius around suspension tower legs, H-Frames and poles c. 100 - foot radius around dead-end tower legs, H-Frames and poles d.
25 feet from anchors/guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No st
orage of gasoline, diesel or any other type of fuel will be permitted
7. Any fencing aroun
d the storage areas must have Licensor’s prior written approval.
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
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A D D E N D U M
PARKING
A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicle
s on the property.
B. Licensor
only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency.
C. License
e must obtain prior written approval from Li censor for any vehicle parking improvem
ents and/or subsequent modifi cation. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor.
D. At any time, Licensor m
ay require removal, modification, or relocation of any portion of th e parking i
mprovements. At Licensee’s sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, wi thin sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.
E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the “drip line” of Licens
or's overhead electrical conductors.
F. All pa
rking spaces and parking improvements ar e to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor.
G. Bollards, K-rails, or “No Parking” striping may be required to protect Licensor’s structures or in area
s where additional clearance is required.
H. The Licensee’s parking area shall not interfere with the Licensor’s minimum access road requirements.
DocuSign Envelope ID: 86654156-0948-4EAB-BAA9-AAA176EB1A06
STAFF REPORT
City of Lancaster
CC 21
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director - Community Development Lisa Anderson, Housing Analyst - Housing and Economic Development Subject: Lancaster Housing Rehabilitation Program Grant Funding Recommendations:
1. Authorize the appropriation of additional future Community Development Block Grant (CDBG) funding to the Lancaster Housing Rehabilitation Program, up to a maximum cumulative amount of $3,000,000.00.
2. Authorize the City Manager or his designee to negotiate and execute individual grant/loan agreements of up to $110,000.00 each with qualified homeowners under the parameters of the Lancaster Housing Rehabilitation Program, up to a maximum cumulative amount of $3,000,000.00 with the concurrence of the City Attorney.
Fiscal Impact:
$3,000,000 to be allocated in future years in the Action Plan.
Background:
On May 9, 2023, the City Council approved the FY 2023-2024 Action Plan. The total CDBG grant amount allocated towards the Lancaster Housing Rehabilitation Program was approved for $565,074.00.
The City will continue to receive annual CDBG grant funding. Taking into consideration future grant allocation, staff is requesting Council authorize the City Manager or his designee to negotiate and execute individual loan agreements of up to $110,000.00 each with qualified homeowners under the parameters of the Lancaster Housing Rehabilitation Program, up to a maximum cumulative amount of $3,000,000.00.
The Lancaster Housing Rehabilitation Program will provide residents with the opportunity to enhance their living conditions through grants and loans for home repairs and renovations. This program is a significant step towards ensuring safe and comfortable housing for all Lancaster residents.
The Housing Rehabilitation Program offers various funding categories to cater to different needs within the community:
Emergency Repair Program (ERP): For households earning less than 80% of the area median income (AMI), grants of up to $5,000 are available to address eligible emergency home repairs.
Housing Rehab Loan Program (HRLP): Households with earnings below 80% of the AMI can benefit from grants of up to $10,000, along with loans that can reach a maximum assistance level of $50,000 for eligible home repairs.
Qualified applicants who are veterans, seniors, or disabled are eligible for an additional $5,000 grant under each program.
All loans issued under the program are zero interest, and may be forgiven based on the length of time the homeowner remains in the home.
Currently, the City has received 55 applications and has started a waiting list. The first set of families approved for the program should see contractors roll up to their doors within the next few months.
In order to be eligible for funding, applicants’ household income must fall below 80% of the County median income, which is published each year. The current limits are listed below:
Low-Income (80% of Area Median) *
Household Size Income Limit
1 $70,650
2 $80,750
3 $90,850
4 $100,900
5 $109,000
6 $117,050
7 $125,150
8 $133,200
Based on 2023 Median Income for Los Angeles County. (Effective June 15, 2023) LA/js
STAFF REPORT
City of Lancaster
CC 22
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From: George N. Harris II, Director of Finance
Subject:Approval of the Purchase of Security Equipment for the Metrolink Station.
Recommendation:
The City Council:
1. Approve an additional appropriation amending the annual budget for the FY2023-2024 in the amount not to exceed $240,000.00 to account for CP12AC009.CONST (21869900.8000) and
2. Authorize purchasing and installing 22 CD52 dome cameras, 2 CH52 multisensory cameras, 1 CB52 bullet camera, and ancillary licensing, installation, materials, and equipment.
This will allow for enhanced security of the Metrolink station and parking lot, giving staff more ways to keep the facility safe and secure.
Fiscal Impact:
The recommended action will result in a fiscal impact of $260,012.95. There are sufficient funds in the budget to cover the planned expenses. This project will be funded by Metro Prop A funds, held in account 21819000.4125 / CP12AC009.PROPA. Approval of this recommendation will appropriate additional funds, increasing the budget by $240,000.00. Please refer to the table below, which shows the fund account number, additional appropriation, available budget amount, and the total funds in the project budget.
Fund Account
Additional
Appropriation Available Budget Total
2186990-8000 $240,000.00 $225,464.88 $465,464.88
Background:
The City of Lancaster has utilized the Verkada Integrated Physical Security Platform for facility 1 5
9 3
security since 2022. The system has been installed at many locations throughout the City and allows Staff to monitor cameras, alarms, door locks, and even environmental factors from a single system within a single view. The system also supports mobile devices, allowing access from the field or anywhere staff has an Internet connection.
Attachment:
Attachment A: EKC – City of Lancaster – Metro Station Verkada-CMAS
ATTACHMENT A
EKC – City of Lancaster
Metro Station Verkada-CMAS
Estimate
PLEASE SEND ALL POS TO [email protected]
BILL TO:
QUOTE DATE QUOTE VALID THRU ESTIMATE NO SITE
1/12/2024 2/10/2024 4699
PAGE 1 OF 3
EKC Enterprises, Inc.
4658 E. Weathermaker Ave.
Fresno, CA 93703
(559) 438-0330
Item Number Quantity Description Unit Price Total
NON-INV PARTS 1 wall Mount enclosure with back board - CPI 24x30 wall mount enclosure with backboard
1,575.00 1,575.00
NON-INV PARTS 1 1500k rack mount UPS 2,520.00 2,520.00
NON-INV PARTS 2 Cat 6A patch Panel 24 port patch panel 157.50 315.00 NON-INV PARTS 56 Cat 6A data Jacks Green Panduit cat 6A data jacks
29.40 1,646.40
NON-INV PARTS 28 Cat 6A patch cables - Green Cat 6A patch cables
24.15 676.20
NON-INV PARTS 1 Green Cat 6A cable 1,365.00 1,365.00
NON-INV PARTS 1 OSP Cat6A Cable 1,890.00 1,890.00
NON-INV PARTS 1 Cable #8 THHN for stepdown transformer 630.00 630.00 City of Lancaster
Accounts Payable
44933 Fern Ave
Lancaster, CA 93534
Metro link R1
City Of Lancaster
Metrolink station -
CMAS CONTRACT 3-24-01-1029 - PREVAILING WAGE JOB
Provide and install (5) exterior pole mounted weather proof boxes with 8 port hardened network switches, 240V to 120V step down transformer and back up batteries. City confirmed there is a constant 240 VAC on all parking lot light poles.
Install (1) wall mount lockable enclosure with backboard and new 120 volt receptacle. Install all necessary rigid and conduit on shade shelters. Install all necessary Cat6A cabling to all cameras and point to point wireless. Install (1) UG rated Cat6A cable from traffic control box to traffic signal. Install wireless transmitter on traffic control pole. City of Lancaster is to provide an open port on existing network switch for internet connection. City of Lancaster to provide all necessary traffic control during cabling to traffic control pole. Provide all necessary patch panels, data jacks and patch cables for a complete and operational system. Install customer provided Verkada cameras and mounts Authorization required to drill holes into the light poles to bring up the 240V wiring to our outdoor boxes if necessary.
There are 4 shade canopy’s with conduits, and those also need to have conduit that run inside the building, but if they don’t, we will need to add in a change order.
Estimate
PLEASE SEND ALL POS TO [email protected]
BILL TO:
City of Lancaster
Accounts Payable
44933 Fern Ave
Lancaster, CA 93534
QUOTE DATE QUOTE VALID THRU ESTIMATE NO SITE
1/12/2024 2/10/2024 4699
PAGE 2 OF 3
EKC Enterprises, Inc.
4658 E. Weathermaker Ave.
Fresno, CA 93703
(559) 438-0330
Item Number Quantity Description Unit Price Total
NON-INV PARTS 1 Power New 120 VAC circuit with breaker for wall enclosure
252.00 252.00
NON-INV PARTS 5 Power 240 VAC to 120 VAC stepdown
transformers for pole cameras
336.00 1,680.00
NON-INV PARTS 5 Weatherproof box with hardened 8 port
60 watt POE switch with 2 SFP ports
1,890.00 9,450.00
NON-INV PARTS 20 Batteries 6 volt batteries 47.25 945.00
NON-INV PARTS 1 conduit 3/4" emt with connectors, couplers, straps and boxes
1,575.00 1,575.00
NON-INV PARTS 1 conduit 1" Rigid with connectors, couplers, straps and boxes for canopies
2,415.00 2,415.00
NON-INV PARTS 1 conduit 3/4" sealtight, connectors and boxes 525.00 525.00
NON-INV PARTS 1 Wire Mold wire mold and fittings 367.50 367.50
NON-INV PARTS 1 Parapet mount for north rail shade shelter 656.25 656.25
LIFT RENTAL 1 LIFT RENTAL - lift rental 35' Boom lift with fuel 3560.55 3,560.55* NON-INV PARTS 1 Consumables 1,575.00 1,575.00
GC31-E-HW 8 GC31 Cellular Gateway - Outdoor 779.40 6,235.20
ACCX-TAP-DC100 8 AC/DC 7-Pin Power Tap - 100W
PoE++, Outdoor
239.40 1,915.20
LIC-GC-10Y 8 10-Year Cellular Gateway Lic 1,619.40 12,955.20
NON-INV PARTS 22 CD52-2TBE-HW CD52-E Outdoor Dome
Camera, 2TB, 365 Days Max
2,690.31 59,186.82
NON-INV PARTS 23 LIC-10Y 10-Year Camera License 1,241.31 28,550.13* NON-INV PARTS 1 CB52-2TBE-HW CB52-E Outdoor Bullet
Camera, 2TB, 365 Days Max
2,690.31 2,690.31
NON-INV PARTS 2 CH52-8TBE-HW CH52-E Outdoor Multisensor Camera, 8TB, 365 Days Max
8,762.31 17,524.62
NON-INV PARTS 2 LIC-CH52-10Y 10-Year CH52 Multisensor
Camera License
3,725.31 7,450.62*
NON-INV PARTS 19 ACC-MNT-2 Arm Mount 61.41 1,166.79
NON-INV PARTS 19 ACC-MNT-8 Pendant Cap Mount 47.61 904.59
NON-INV PARTS 8 ACC-MNT-9 Pole Mount, 2nd Generation 144.21 1,153.68
NON-INV PARTS 1 ACC-MNT-11 Square Junction Box Mount 61.41 61.41
LABOR 360.00 Installation labor 168.75 60,750.00*
NON-INV PARTS 32 labor Aiming and focusing cameras 168.75 5,400.00* NON-INV PARTS 1 Overhead Materials 8,538.75 8,538.75*
Estimate
PLEASE SEND ALL POS TO [email protected]
BILL TO:
City of Lancaster
Accounts Payable
44933 Fern Ave
Lancaster, CA 93534
QUOTE DATE QUOTE VALID THRU ESTIMATE NO SITE
1/12/2024 2/10/2024 4699
PAGE 3 OF 3
EKC Enterprises, Inc.
4658 E. Weathermaker Ave.
Fresno, CA 93703
(559) 438-0330
Item Number Quantity Description Unit Price Total
SHIPPING 1 Shipping/Freight 801.00 801.00*
I
TEM TOTAL 248,903.22
T AX 11,109.73
T
OTAL AMOUNT 260,012.95
STAFF REPORT
City of Lancaster, California
CC 23
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Jennifer Seguin, Communications Manager
Subject:Award and Appropriate RFP 803-24 Outlook Magazine Production Services Contract
Recommendation:
1. Award RFP 803-24, Outlook Magazine Production Services Contract, to Advantage Mailing, LLC, in the amount of $363,600.36 to print nine editions of the OUTLOOK Magazine, and authorize the City Manager, or his designee, to sign all documents; and
2. Appropriate $173,600.36 into account # 10115000.5730; and
3.Authorize the City Manager, or his designee, to execute any additional amendments to the Agreement deemed necessary to complete the project in a form approved by the City Attorney; and
4.Find that this item is not a project pursuant to the California Environmental Quality Act.
Fiscal Impact:
Total amount of the contract is $363,600.36, which covers a 56-page self-cover magazine printing cost of $357,525.36 and the delivery fee of $6,075. Sufficient appropriation of $40,400.04 is available in Communications Printing/Binding account # 10115000-5730 for the remainer of the fiscal year. Subsequent years' appropriation will be included in the annual budget and appropriation process, as follows:
•$161,600.16 appropriated in Fiscal Year 2024-2025
•$161,600.16 appropriated in Fiscal Year 2025-2026
Background:
Since Lancaster’s incorporation in 1977, the Outlook magazine has been a media staple in the community. The Outlook Magazine is a periodical of the City of Lancaster that is published quarterly and distributed to all households and businesses in the City. The Outlook Magazine provides updates to residents on the happenings in the City. The magazine is supported by the City’s robust sponsorship program.
As we continue to grow our media outreach, a physical printed magazine continues to be a standout approach to reaching all residents of all demographics. 1 5
9 4
The proposed scope of work includes:
●Quarterly print of Outlook Magazines (~63,500 prints)
●Proposal includes 2024-2026 FY; 9 prints anywhere between 48-56 pages ○Summer 2024 – typically mailed mid to end of May
○Fall 2024 – typically mailed mid to end of August
○Winter 2025 – typically mailed mid to end of November
○Spring 2025 – typically mailed mid to end of February
○Summer 2025 – typically mailed mid to end of May
○Fall 2025 – typically mailed mid to end of August
○Winter 2026 – typically mailed mid to end of November
○Spring 2026 – typically mailed mid to end of February
○Summer 2026 – typically mailed mid to end of May
On October 5, 2023 the City conducted a bid opening for RFP 803-24. Two (2) qualified sealed bids were received by the due date of October 30, 2023 at 10:00 AM. The bids received are as follows:
Contractor City Bid Amount
Advantage Mailing LLC Anaheim $363,600.36
Advanced Printing & Graphics Lancaster $637,200
Following the City’s process of evaluating proposals - City staff conducted an extensive evaluation of the bids received. Proposals were evaluated and scored based on the following criteria:
qualifications of proposer and ability to meet deadlines, demonstrated successful experience with similar projects, cost proposal, quality and relevance of proposer’s work samples.
Advantage Mailing LLC offers both a competitive quote as well as previous years of experience printing the City of Lancaster’s OUTLOOK Magazine. We are confident that a quality product will be delivered for the residents of Lancaster, as the printer is knowledgeable about the magazine.
Advantage Mailing LLC has been in business since 1994 and has a robust operation, which allows flexibility in the style of print options for the magazine, responsive service, and quick turnaround times for printing.
Attachment(s):
RFP 803-24 Solicitation and Proposal
Professional Services Agreement
1 AGREEMENT FOR PROFESSIONAL SERVICES
TH
IS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 26th day of March 2024, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and ADVANTAGE MAILING LLC, a Limited Liability Compan y Firm (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
R
ECITALS
W
HEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:
R
FP 803-24 “OUTLOOK MAGAZINE” PRODUCTION SERVICES (THE “SERVICES”) W
HEREAS, 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.
T
he parties to this Agreement are:
A. C
ITY: City of Lancaster
B. C
ONSULTANT: ADVANTAGE MAILING LLC
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.
C
ITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
C
ONSULTANT ADVANTAGE MAILING LLC
Attn: Tom Ling, Managing Partner
1600 North Kraemer Blvd
Anaheim, California 92806
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
2 prior written consent of the other party, and any such assignments without said consent shall be void.
4. Description of Work . The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference.
Consultant shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $363,600.36 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the quarterly rates set forth in Exhibit A.
B. No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6. Obligations of the Consultant.
A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.
B. Consultant shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
C. Consultant shall not subcontract any of the work required to perform the Services without t he express prior written approval of the City.
7. Hold Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.
9. Non-Discrimination and Equal Employment Opportunity.
3 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 em ployees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
10. Term; Effective Date. This Agreement shall become effective and shall remain in full force and effect until June 30, 2026 upon execution by both parties, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
11. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If 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, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property.
Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
13. Insurance.
4 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 $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01)
Workers Compensation
As Required by the State of California Statutory Limits
Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
Professional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000
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 and/or cyber 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 Cons ultant 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.
5 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 name the City, its elected officials, officers, employees and volunteers as additional insured, and 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:
RFP 803-24 “OUTLOOK MAGAZINE” PRODUCTION 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.
14. Ownership of Documents. All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of t he City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
15. Data Provided to Consultant . City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
16. Consultant’s Warranties and Representations.
Consultant warrants and represents to City 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, City 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 City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the
6 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 City, 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.
17. 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.
C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.
18. Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit “A” Scope of Services and Rates Schedule
19. Governing Law.
This Agreement shall be governed by the laws of the State of California.
20. Effective Date. This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.
[Signatures begin on next page.]
7 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:
TOM LING
ANAHEIM, CALIFORNIA
By:
Tom Ling, Managing Partner
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STAFF REPORT
City of Lancaster
CC 24
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director – Community Development Nicole Jones, Senior Analyst – Community Development
Subject:Adopt Resolution of Intent For Annexation No. 1 into Community Facilities District No. 2021-1 (Public Services)
Recommendation:
Adopt Resolution No. ____ for the intention to annex territory to Community Facilities District No. 2021-1 (Public Services), and to authorize the levy of special taxes.
Fiscal Impact:
The 2024/2025 Fiscal Year Community Facilities District No. 2021-1 (“CFD 2021-1”) special tax rate for Single-Family Residential Outer Zone is approximately $932.31 per residential unit. Based on this figure, the estimated annual revenue that will be received by the City of Lancaster (the “City”) for all 157 residential units in Annexation No. 1 will be $146,372.67. CFD 2021-1 includes an annual Consumer Price Index (“CPI”) adjustment; therefore, this amount will escalate over time. The process for annexation is funded by the developer and no General Fund monies are used for this effort.
Background:
By Resolution No. 22-60, the City Council established CFD 2021-1, a Mello-Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are to be used for the funding maintenance and operation of public safety services, fire services, lighting, parkways, streets, roads, open space, and any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.
The annexation territory, Tract Map No. 061248 (the “Project”) proposed for annexation is owned by KB Home Greater Los Angeles, Inc. and is generally located south of Avenue J, north of Avenue J-4, west of 35th Street East, and east of 32nd Street East. The Project includes the development of one hundred and fifty-seven (157) single-family residential and one (1) public basin. The boundary of the annexation includes the area within the assessor’s parcel map 1 5
9 5
3150-081 and 3150-082 as depicted on Exhibit A.
Willdan Financial Services completed a comprehensive special tax analysis that took into account the types of properties proposed for inclusion in the CFD currently, and in the future through annexations, and the City’s maintenance budgets to arrive at the proposed levels of special tax amounts on the various land uses and created CFD 2021-1 in 2023. As part of the annexation process, the City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation.
The Resolution of Intention is the first step in the process of annexing new developments into CFD 2021-1. This will be the 1st annexation into the CFD. The resolution also establishes May 7, 2024, as the public hearing date for the final consideration of the annexation of the property into CFD 2021-1. Once the annexation is complete, the property owner of the Project will be required to pay annual special taxes for CFD 2021-1, beginning in Fiscal Year 2024/2025 as itemized on their property tax bill under the rate outlined in the Rate and Method of Apportionment of Special Tax.
The CFD 2021-1 Rate and Method of Apportionment was established as part of the formation of the district and fixed Fiscal Year 2021/2022 as the base year for the annual special tax rate as shown in Exhibit B. The special tax rates will increase based on a cost inflator allowed in the original formation documents beginning July 1, 2024.
NJ/hb
Attachment:
Resolution No. ___
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, DECLARING ITS INTENTION
TO ANNEX TERRITORY (TRACT MAP NO. 061248) TO A
COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE
THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF
LANCASTER COMMUNITY FACILITIES DISTRICT NO. 2021-
1 (PUBLIC SERVICES) ANNEXATION NO. 1
WHEREAS, the City Council of the City of Lancaster (the “City”) has conducted proceedings to establish Community Facilities District No. 2021-1 (Public Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), Chapter
2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.
Section 2: The name of the existing CFD is “Community Facilities District No. 2021-1 (Public Services)”.
Section 3: The territory included in the existing CFD is as shown on the map thereof filed in Book 196 at Pages 44-45 as Document No. 20221204593 of the Book of Maps of Assessment and Community Facilities Districts in the Los Angeles County Recorder’s Office, to which map reference is hereby made.
The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 1 to the CFD, on file with the City Clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Annexation Map No. 1 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Los Angeles within fifteen days of the date of adoption of this resolution.
Section 4: The types of public services financed by the CFD and pursuant to the Act consist of those services (the “Services”) described in Exhibit A in Resolution No. 23-05 adopted by the Council on the 24th day of January 2023, (the “Resolution of Formation”), a copy which is attached hereto as Exhibit B. It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed 4 1
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to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.
Section 5: Except to the extent that funds are otherwise available to the CFD to pay for the Services CFD, a Special Tax sufficient to pay the costs thereof is intended to be levied annually within
the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit C, which is hereby incorporated by this reference.
Section 6: Notice is given that on May 7, 2024, at 5:00 p.m., in the regular meeting place of this Council, being the City Hall Council Chambers, located at 44933 Fern Avenue, Lancaster, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.
Section 7: The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.
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PASSED, APPROVED, AND ADOPTED this ________ day of ___________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
____________________________ __________________________ ANDREA ALEXANDER. E R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss.
CITY OF LANCASTER }
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ____________________________________, ______________ City Clerk of the City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 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)
___________________________________
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EXHIBIT A
BOUNDARY MAP
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EXHIBIT B
CITY OF LANCASTER
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(PUBLIC SERVICES)
DESCRIPTION OF SERVICES
The types of public services to be provided for and financed by CFD No. 2021-1 (Public Services) are including but not limited to:
•Fire protection and suppression services;
•Ambulance and paramedic services;
•Police protection services, including, but not limited to, criminal justice services; •Maintenance and lighting of parks, parkways, streets, roads, and open space; •Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems; and/or
•Other improvements as authorized by the Act.
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EXHIBIT C
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Lancaster Community Facilities District No. 2021-1 (Public Services), County of Los Angeles, State of California The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Lancaster Community Facilities District No. 2021-1 (Public Services), (“CFD 2021-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2021-22, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-1: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-1, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-1, and any and all other costs incurred in connection with the administration of CFD 2021-1.
“Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Los Angeles-Long Beach-Anaheim, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year beginning July 1, 2021 and ending June 30, 2022.
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“Building Permit” means a permit issued for new construction of a residential dwelling or non- residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“Building Square Footage” means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of “Building Square Footage” for a non-residential structure will be based on the Building Permit(s) issued for such structure and/or by reference to appropriate records kept by the City.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-1.
“CFD 2021-1” means City of Lancaster Community Facilities District No. 2021-1 (Public Services) established by the City Council under the Act.
“City” means the City of Lancaster.
“City Council” means the Council of the City of Lancaster, acting as the legislative body of CFD 2021-1.
“County” means the County of Los Angeles.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels within CFD 2021-1 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June
30. “Inner Zone” means all property located within the area identified as Inner Zone in Attachment A.
“Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Municipal Services” means those authorized services that may be funded by CFD 2021-1 pursuant to the Act, as amended including but not limited to police protection services; Resolution No.
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maintenance of streets and roadways; maintenance and operation of street lights; maintenance of parks, parkways and open space; and maintenance of public facilities. “Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any, Residential Property, Public Property and Property Owner Association Property.
“Outer Zone” means all property located within the area identified as Outer Zone in Attachment A.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof. “Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Municipal Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Municipal Services, (iv) pay incidental expenses related to the Municipal Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
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“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section H.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
“Zone” means, as the context requires, either Outer Zone or Inner Zone.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2021-22, using the definitions above, each Assessor’s Parcel within CFD 2021-1 shall be assigned to the Outer Zone or the Inner Zone and classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2021-22 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2021-22 is shown below in Table 1.
TABLE 1
Land Use Type
Outer Zone
Maximum
Special Tax
Inner Zone
Maximum
Special Tax
Single-Family
Residential Property
$901 per
Residential Unit
$546 per
Residential Unit
Multi-Family Residential
Property
$631 per
Residential Unit
$382 per
Residential Unit
For each subsequent Fiscal Year commencing July 1, 2024, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
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3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2021-22 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-1 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as affordable housing, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
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The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-1.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
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Attachment A – Zone Map
STAFF REPORT
City of Lancaster
CC 25
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From:Alexus Merino, Assistant Director
Subject:Award RFP 808-24 & 809-24 Performance Metrics Implementation and Optimization Contract
Recommendation:
1. Award the contract for RFP No. 808-24 "Human Resources Department Performance Metrics Implementation and Optimization," and RFP No. 809-24 "Public Safety Department Performance Metrics Implementation and Optimization," to AveNew Solutions, LLC, based on a competitive evaluation score and the comprehensive nature of their proposal.
2. Authorize the City Manager, or his designee, to finalize and execute all related documents.
3. Find that this item is not a project pursuant to the California Environmental Quality Act.
Fiscal Impact:
Sufficient funds of $528,165.00 are available in the Administration’s Professional Services budget account number 10110000.5710.
Background:
AveNew Solutions, LLC submitted proposals in response to RFP No. 808-24 (Human Resources) and RFP No. 809-24 (Public Safety) for performance metrics implementation and optimization. The evaluation process involved scoring from multiple evaluators, and AveNew Solutions, LLC achieved the highest average score for RFP No. 808-24. For RFP No. 809-24, AveNew Solutions, LLC scored competitively, demonstrating their capability to provide an optimized solution for both Public Safety and HR Departments with specialized teams for each task.
The evaluation committee has carefully reviewed and scored the proposals based on criteria that measure the firm’s ability to meet the City’s needs. AveNew Solutions, LLC has shown outstanding potential to handle both projects successfully. Their approach combines advanced analytics, technological expertise, and strategic planning, making them well-suited to undertake 1 5
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the projects.
AveNew Solutions, LLC’s proposal was competitive in pricing, quality, and depth of experience.
Their tailored strategies for the Human Resources and Public Safety Departments are expected to lead to significant improvements in performance metrics and departmental operations.
After careful consideration and thorough evaluation, it is advised that the City Council award the contracts for RFP No. 808-24 and RFP No. 809-24 to AveNew Solutions, LLC. Their comprehensive solutions, combined with competitive pricing and high evaluation scores, position them as the best choice to meet the City’s objectives for enhancing departmental performance and efficiency.
Attachment:
AveNew Solutions, LLC Proposal Final Evaluation Results RFP 808-24 Human Resources Department Performance Metrics Implementation and Optimization Companies Evaluator's Score Average
Eval. #1 Eval. #2 Eval. #3
AveNew Solutions, LLC 5.75 5.75 5.2 5.57
Gallagher Benefit Services, Inc. 3.85 3.85 4.15 3.95
Maven Workforce Inc. 4.595 4.595 3.595 4.26
Adrian Technologies Inc. 5.1 5.1 4 4.73
Matrix Consulting Group 3.75 3.75 4.35 3.95
RFP 809-24 Public Safety Department Performance Metrics Implementation and Optimization Companies Evaluator's Score Average
Eval. #1 Eval. #2 Eval. #3
AveNew Solutions, LLC 4 6.05 5.35 5.13
DNA Global 1.6 2.6 3.4 2.53
Matrix Consulting Group 5.745 4.945 4.345 5.01
Mission Critical Partners 4.62 3.82 4.37 4.27
RFP No. 808-24 & 809-24 | AveNew Solutions, LLC
1. Transmittal Letter
February 29, 2024 Office of the City Clerk, Lancaster City Hall RFP No. 808-24 "Human Resources Department Performance Metrics Implementation and Optimization” RFP No. 809-24 "Public Safety Department Performance Metrics Implementation and Optimization” 44933 Fern Avenue Lancaster, CA 93534 To Whom It May Concern: The following is a revised proposal on behalf of AveNew Solutions, LLC, and our esteemed partners in response to the Request for Proposals (RFP) No. 809-24 "Public Safety Department Performance Metrics Implementation and Optimization" issued by the City of Lancaster. Our proposal with respect to RFP No. 808-24 "Human Resources Department Performance Metrics Implementation and Optimization” remains unchanged; however, Addendum A: Cost Proposal is revised consistent with our pledge to reduce fees if retained for both projects as well as greater understanding the public safety project. The proposal submitted herewith will remain valid for a minimum of 180 days from the submission date of the original proposals. During this period, we remain fully committed to engaging in any necessary discussions and negotiations to ensure a successful partnership between AveNew and the City of Lancaster. To facilitate communication during the selection process, please direct any correspondence or inquiries to myself, the person authorized to negotiate a contract with the City and the signatory of this cover letter: Barbara J. Maynard Co-CEO, AveNew Solutions, LLC 5256 S. Mission Rd., Suite 703, #335 Bonsall, CA 92003 323-351-9321 (mobile) 213-387-0780 (office) [email protected] Incorporated in 2019, AveNew Solutions, LLC, operates from 5256 S. Mission Rd. Ste 703, #335, 5256 S. Mission Rd. Suite 703, #335, Bonsall, CA 92003, and can be reached at (213) 387-0780, or directly via mobile at (323) 351-9321. We are proud of our commitment to excellence, and we look forward to the opportunity to contribute to the success of the City of Lancaster. Thank you for considering our proposal. We are eager to further discuss how AveNew and our team can best meet the needs outlined in the RFP and contribute to the City's goals. Sincerely, Barbara J. Maynard Co-CEO and Director of Visionary Strategy AveNew Solutions, LLC
RFP No. 808-24 | AveNew Solutions, LLC
Revised Proposal for RFP No. 809-24: Public Safety Department Performance Metrics Implementation and Optimization 2. Experience and Qualifications of the Firm AveNew Solutions, LLC, spearheads a consortium of public safety and industry experts uniquely positioned to drive transformative change for the City of Lancaster’s Public Safety Department. Our assembled team brings a wealth of experience, each leader contributing specialized expertise crucial to the success of this initiative. Barbara Maynard, co-CEO of AveNew Solutions, is a seasoned professional with an extensive background in public sector agencies spanning nearly three decades. Her tenure as the former director of budget and finance for a member of the Los Angeles County Board of Supervisors, coupled with diverse experiences with public safety unions, engagement, elected official relations, and community outreach, underscores her unparalleled ability to devise and implement comprehensive strategies and lead this esteemed team. Maynard has been instrumental in navigating through significant changes, including multiple leadership transitions within departments, adjustments to political leadership, and shifts in public opinion related to public services in general, and public safety specifically. AveNew has partnered with retired LASD Assistant Sheriff Todd Rogers, who oversaw administrative and technical services for the Los County Sheriff’s Department. Todd has unparalleled experience in law enforcement and public safety relations, community policing metrics, public safety agency integration, and public safety performance metrics. Rick Bender, AveNew’s co-CEO, boasts 30 years of expertise in driving organizational excellence through holistic employee wellness initiatives. Recognizing the post-pandemic landscape’s challenges, Rick emphasizes the significance of enhancing organizational understanding and capabilities in physical, emotional, financial, and occupational wellness. His focus on talent acquisition aims not just to meet immediate needs but to position organizations as the employer of choice. Our collaboration with Aclaró AI, a Microsoft, Infor ERP, and Oracle Partner specializing in advanced analytics, brings a robust technological edge to our approach. Their expertise in harnessing AI (Artificial Intelligence) and BI (Business Intelligence) technologies ensures actionable insights and data-informed decision-making to continuously drive organizational objectives. Aclaró’s solutions are designed to empower organizations to achieve their objectives by uncovering valuable insights from complex data sources. • Advanced Analytics: Our advanced AI technology enables us to provide predictive analytics solutions tailored to your specific needs. We specialize in deciphering intricate data sets to identify patterns, correlations, and causal relationships that may not be apparent through traditional reporting methods. This predictive capability will be instrumental in assessing and improving your recognition program, allowing you to proactively address issues and optimize impact on employee engagement and motivation. • Comprehensive Reporting: Aclaró AI offers comprehensive reporting solutions through tools like Microsoft PowerBI. We understand the importance of clear and concise reporting in tracking program performance. Our reporting dashboards are designed to provide real-time visibility into key performance indicators (KPIs) that drive your business objectives. These dashboards offer intuitive visualizations, making it easy for all team members to understand and act upon the data. • Data Security and Compliance: We take data security seriously and ensure compliance with relevant regulations, including GDPR (General Data Protection Regulation). Our data handling practices prioritize confidentiality, integrity, and availability, safeguarding your sensitive employee data – particularly important when handling data of law enforcement officers.
RFP No. 808-24 | AveNew Solutions, LLC
• Client Success: Our track record includes successful implementations across various industries, including healthcare, financial lenders, and automotive retail. We've partnered with organizations in these sectors to achieve their recognition and engagement goals by leveraging the power of AI-driven analytics. Aclaró AI's solutions have consistently delivered actionable insights, helping our clients in the financial and automotive retail sectors enhance their programs and drive employee engagement to new heights. • Timely Reporting: Aclaró AI is committed to delivering regular reports and analytics on program performance, ensuring you have timely insights to make informed decisions and continuously enhance your employee recognition program. We can deliver solutions that run on a Mobile Platform such as iOS or Android, all the way up to a cost-effective custom BI solution that lowers the Total Cost of Ownership without impairing the user experience. Furthermore, our recommendation of LMS Consulting, led by Lina Sosa, emphasizes leadership development. Lina’s Leadership Advantage Program will equip the City of Lancaster’s management team with strategies and techniques aimed at enhancing employee engagement, enthusiasm, and overall performance. Sosa is a bilingual (English/Spanish) forward-thinking executive with a demonstrated commitment to transforming operational performance through the development of a positive workplace culture, strategic staff coaching plans and program development focused on cohesive cross-functional collaborations that transcend traditional operations and management tactics to engage forward-thinking initiatives that deliver an exceptional customer experience while maintaining motivation and excellence from internal stakeholders at all organizational levels. Sosa has designed and overseen the completion of complex projects, ensuring quality delivery while meeting cost expectations and operational efficiencies. Lina Sosa’s key highlights and skills include: • Commitment to Exceptional Constituent Experiences: Combines insights from direct constituent contact with current business trends to deploy initiatives in local markets that shape communication, environment, and service offerings. • Elevating the Performance of Operations: Actively support the development of new and seasoned senior managers, ensuring access to resources, training, and mentoring to increase the number of high-performing departments and mitigate roadblocks before impeding success. • Engaging Qualitative and Quantitative Metrics to Evaluate Performance: Identify key performance metrics that are indicative of success and develop performance objectives that align with each. • Reward Loyalty, Initiative, and Excellence in Talent Development: Develop comprehensive talent development activities, actively encouraging employees to take skills to higher levels and attain positions of increasing responsibility. • Leading Strategic Planning: As a member of numerous leadership teams, provide relevant points of view in the development and implementation of strategic vision while acting as a trusted thought partner to leadership team members. • Communicating Effectively to Drive Results: A recognized leader and advocate for individual success, develop plans for communicating plans and vision in a way that inspires all stakeholders at all organizational levels. Critically, AveNew proposes to introduce our groundbreaking and award-winning engagement platform, Awespira, to the City of Lancaster to educate, inspire, and activate employees, contract deputies, and stakeholders. The Awespira platform offers a closed social gamification environment guided by "Awtto," our mascot, encouraging users to earn “Awtto Coins” through various activities, including responding to polls, quizzes, and surveys for this project. As people engage and take action, a plethora of data continually becomes available. This data significantly enhances traditional metrics, allowing the City of Lancaster to benefit from advanced analytics and reporting capabilities. This extraordinary data will deliver valuable insights, allowing the City to truly optimize the performance metrics gathered. This will allow for the development of solutions to empower Lancaster to meet and exceed project objectives.
RFP No. 808-24 | AveNew Solutions, LLC
Together, AveNew Solutions, Todd Rogers, and our consortium of partners and technologies offer an unparalleled depth of experience and diverse skill sets in HR consulting, performance metrics implementation, process improvement, and change management. This collective expertise is poised to catalyze the City of Lancaster’s journey toward sustainable organizational success. Experience 1. Public Safety Achievements • As Assistant Sheriff, Todd Rogers delivered three consecutive balanced budgets overcoming an annual structural deficit of over $250 million. Rogers directed the reform of LASD transfer and promotional processes resulting in substantial reductions in costly and staff-consuming grievances and, most importantly, ensuring fairness and a higher level of confidence that success is based upon merit rather than subjective assessments. Rogers also conceived a department-wide internal communications platform and a web-based anonymous whistleblower portal through which any employee can report misconduct without fear of retaliation. • As Commander, Rogers developed a Critical Incident Review (CIR) Committee process. The purpose was to conduct assessments of critical incidents occurring throughout the organization within days rather than waiting up to a year or more for when the formal investigative processes might be completed. He served as the founding chair of this committee and conducted weekly reviews of incidents occurring the previous week and made assessments on all aspects and directed remedial actions. The CIR process has since become a critical piece of our risk management strategy and has been widely lauded by departmental monitors and outside observers. • Further, over a period of one year, Commander Rogers had more critical incident callouts, including deputy-involved shootings, barricaded suspects, and hostage situations, than all other departmental commanders combined. He was generally the highest-ranking executive on scene for each with command-and-control responsibility over the responding units. Rogers additionally was responsible for reviewing approximately 50 supervisory reviews of force, shootings, pursuits, civil claims, lawsuits, etc. each week. He developed a protocol and checklist for command responses to deputy-involved shootings that is still in use today. • As Captain of Carson Sheriff’s Station, Rogers and his team reduced Part I Crime by 12% and overall crime by 9%. This was despite multiple gang conflicts that developed between rival neighborhoods and cliques. Rogers utilized intelligence-led policing efforts accompanied by a strong emphasis on neighborhood problem-solving and addressing “broken windows” before they blossomed into larger crime and disorder problems. They increased Part II arrests and created a Gang Diversion Team with an emphasis on using collaborative partnerships to divert at-risk individuals away from crime and gang involvement. Under Rogers’ command, Carson Station was the first sheriff’s station in California to receive the James Q. Wilson Award for Excellence in Community Policing. 2. Dynamic Political Environments Barbara Maynard assumed the role of Director of Budget & Finance for a member of the Los Angeles County Board of Supervisors in 1994, during a period of considerable upheaval resulting from the state property tax shift. This necessitated a substantial operational restructuring to align with economic realities and optimize special district revenues unaffected by the shift. Collaborating with organized labor, Maynard successfully addressed pivotal issues such as pension spiking reduction, obtaining a Medicaid Waiver from the Clinton White House to secure substantial funds for preventive care and the preservation of LAC+USC General Hospital (marked for closure). Additionally, she strategically integrated lifeguard services into the Fire Department's budget and secured state funds for Assessor operations. Results: The outcomes of these initiatives were uniformly successful.
RFP No. 808-24 | AveNew Solutions, LLC
Subsequently, Maynard has been actively engaged in diverse projects involving significant organizational expansion or contraction, leadership transitions, and substantial changes. Since 1997, she has provided consulting services as the Chief of Staff to the President of the Los Angeles County Deputy Probation Officers’ Union, contributing to major policy initiatives amid organizational and leadership shifts. Further, Maynard has offered her support to the Association of Los Angeles Deputy Sheriffs (ALADS) and the Professional Peace Officers Union (PPOA), addressing critical organizational issues related to the Los Angeles Sheriff’s Department. Results: The results of Maynard's endeavors have consistently garnered high satisfaction from her clients, demonstrating her adept navigation of complex challenges. 3. Organizational Change Rick Bender's extensive experience in overseeing departments undergoing transformative changes is exemplified by his leadership role encompassing 90% of all operational areas within the home office of national insurance carrier Jefferson Pilot Financial. Appointed by the President and CEO, Bender undertook the strategic initiative to re-engineer the entire operation, aligning it with the company's new business direction. In this capacity, Rick orchestrated a comprehensive approach, ranging from the assessment of entry-level positions to the design, specification, and implementation of an entirely new technological infrastructure. This infrastructure was crucial in supporting the company's national expansion efforts, allowing for operational scalability through technology while strategically managing personnel headcount growth. Results: Bender’s direct involvement spanned critical areas such as risk assessment process reengineering, contract development, compliance, and training. His hands-on approach and strategic vision played a pivotal role in the successful execution of the reengineering project. Consequently, the organization rapidly transitioned from a fledgling operation to emerging as a national top 10 leader in the target market within a remarkable five-year period. 3. Proposed Approach and Methodology Our team is led by Barbara Maynard, co-CEO of AveNew Solutions, LLC. Barbara has nearly 30 years of experience working in and with public sector agencies and has a deep passion for service delivery and respect for the civil servants who make our communities livable. As the former director of budget and finance for a member of the Los Angeles County Board of Supervisors and her subsequent decades of diverse experience with labor unions and employee engagement, elected official relations, and community and stakeholder outreach, her unique combination of strategies, tactics, relationships, and experience are unparalleled. Recognizing that the employment relationship has been permanently altered by the pandemic and that employee engagement has suffered as social media has consumed the attention of people young and old, Maynard and her co-CEO, Rick Bender, have developed an engagement platform to educate, inspire, and activate employees with robust data analytical capabilities that promise to transform the metrics gathered in this project into actionable and trackable information, propelling the City of Lancaster towards future success. Central to our team is Todd Rogers, an executive-level manager with 32 years of experience managing the budget, personnel, training, and all aspects of employee relations functions for the LA County Sheriff's Department, from which he retired in 2017 as Assistant Sheriff. Rogers is highly regarded as an executive with the ability to lead from the front with credibility and in a manner that engenders loyalty and respect from team members. He is adept at managing complex organizations, facilitating change, and leading innovation, and skilled at avoiding and managing risk and inspiring teamwork toward solving complex issues through open and clear communication and establishing clear expectations throughout the organization. He has unique and unparalleled experience working with and within all levels
RFP No. 808-24 | AveNew Solutions, LLC
of government, strong partnerships with local, state, and federal law enforcement agencies, and a strong legacy of community partnership and involvement. Mr. Rogers currently serves as Vice Mayor of the City of Lakewood. Rick Bender, AveNew’s co-CEO, has 30 years of experience in end-to-end employee wellness as a centerpiece of driving organizational excellence. In this post-pandemic environment, Rick recognizes the significance of advancing organizations’ understanding and capabilities in physical, emotional, financial, and occupational wellness. In the quest for top talent, it's essential to not only meet current needs but also to position your organization as the employer of choice in your area and industry. AveNew’s partnership with Aclaró AI brings advanced analytics and reporting capabilities to truly optimize the performance metrics gathered. As a Microsoft, Infor, and Oracle Partner, Aclaró brings a wealth of experience in harnessing AI and BI technologies to deliver actionable insights and drive data-informed decisions. Aclaró’s solutions are designed to empower organizations to achieve their objectives by uncovering valuable insights from complex data sources. Finally, AveNew is recommending LMS Consulting led by Lina Sosa, who has more than 20 years of experience managing and coaching individuals and teams. Sosa’s “Leadership Advantage Program” will prepare the City of Lancaster’s management team to reach the highest level of performance by learning strategies and techniques that will increase employee engagement, enthusiasm, and overall results. We are confident that the team of experts we have assembled will not just meet but exceed the City’s goals to continuously improve internal services by utilizing key performance metrics across all departments, starting with the HR and Public Safety Departments.
RFP No. 808-24 | AveNew Solutions, LLC
Awespira Awespira was imagined by Barbara Maynard and Rick Bender, veteran professional leaders who united around a deep passion for human engagement and civic purpose. Taking their decades of experience and deep relationships in the community, Maynard and Bender have built a paradigm-changing private-label technology platform called Awespira that uses gamified education and engagement to inform, inspire, and activate people. Awespira also serves as a hub for all of the disparate platforms that employers use, making it a true end-to-end solution. Fundamental to the Awespira platform, which users can access on phones, tablets, and desktop computers, is a closed (private) social gamification environment where users are guided through their journey by our mascot “Awtto,” who encourages users to earn coins by participating in various activities, such as completing surveys, taking quizzes and polls, reading articles, watching videos, taking training courses, participating in community actions, and more. AveNew customizes the Awespira reward program based on each client’s needs and can include everything from raffles to discounts at local merchants to cash bonuses. The reward program can be funded through a cost-recovery revenue share from our exclusive affinity marketplace with high-quality discounts, financial products, and wellness programs along with vetted and trusted merchant sponsors. With a structure that allows for API integrations (the connection from other platforms to Awespira) and hosted web-application connections as frictionless as possible, the platform is poised to be limited only by the imagination of the City of Lancaster. For example, the platform can be initially deployed as an onboarding and engagement platform for employees to gather metrics, and with our multi-tenancy architecture, and could expanded to residents, stakeholders, contractors, and vendors – the only limit is our collective imagination! 1. Awespira’s Multi-Tenancy Architecture We recognize that different employee groups have varying needs for information and rewards. Awespira has been designed with state-of-the-art multi-tenancy architecture, as well as the ability to discreetly “tag” users in the admin portal to micro-curate content (e.g., which employees work on the line versus management, department, which work in the office versus in the field, etc.).
View the App Demo at bit.ly/LancasterDemo Or scan the QR code:
RFP No. 808-24 | AveNew Solutions, LLC
2. Gamification Gamification – the application of game-inspired design and mechanics into a non-gaming environment to increase motivation and engagement levels for users, drive behavior change, and achieve specific goals – is the key to a successful digital platform. Awespira utilizes gamification in a profound way to engage and convert users, inspiring people to learn, and take action. The heart and soul of Awespira – both our web and mobile applications – is a robust private labeled social gamification environment where users can safely and privately earn coins by: • Taking a quiz, poll, or survey • Reading an article or watching a video • Sharing a message or action on social media • Sending an email or signing a petition • Participating in live or virtual meetings or events • Taking virtual training courses and receiving certificates • Taking a wellness challenge • Donating to their favorite cause 3. Rewards AveNew will collaborate with the City of Lancaster to develop a robust rewards program that aligns with the unique wants and needs of employees. We pledge to make every effort to utilize local merchants when feasible. Coupling Employee Appreciation with Knowledge Through predictive analytics, we will be able to design an employee engagement program that shows appreciation and recognition to employees in the language that resonates with the employee. In a study of 55,000 employees conducted by the author of the landmark book “The Five Love Languages,” which was followed by “The 5 Languages of Appreciation in the Workplace,” the following was noted: “Less than 10% of employees identify tangible gifts as their primary language of appreciation [in the workplace]… But interpreting the data correctly is important. Employees aren’t saying they don’t want tangible rewards (gift cards, going out to eat, earning a trip) for doing good work – and they clearly won’t refuse receiving a gift! …Often employees comment, “If I receive some gift but I never hear any praise, no one stops to see how I’m doing, or I never get any help – the gift feels really superficial.” Thus, it is important indeed to create a solid recognition program, but there is more. Utilizing predictive analytics will accelerate overall engagement by using data from Awespira to gain deeper understandings and support managers as they strive to engage employees to drive the City of Lancaster to new levels of excellence.
RFP No. 808-24 | AveNew Solutions, LLC
4. Preventing “App Abandonment” App abandonment is a pervasive issue, which is why at AveNew we have developed strategies to make Awespira a sticky “go-to” platform: • Local Discounts (optional) – We have embedded America’s largest discount program, entertainment.com, to bring users exclusive local and national discounts. • Push Notifications – AveNew’s state-of-the-art embedded push notification system allows us to gently remind users to return to Awespira to see the latest Calls to Action, updates, and discounts. 5. Analytics and Reporting Overview With Awespira, our clients have three levels of data and metrics analytics and reporting, from the most basic global view to advanced predictive analytics. A. Level One: The Awespira admin portal provides a convenient macro view of organization and sub-organization real-time engagement, including: • Number of users • User activity, including date last active • Coins earned • Coins redeemed • Call to Action (CTA) performance, including number of views, points earned, etc. • Reward redemption – by individual and for each CTA B. Level Two: When downloading the data to Tableau, the information starts to come to life, with optics into individual employee and constituent behavior. C. Level Three: To fully maximize the power of the data generated through Awespira, AveNew partners with Aclaró AI to use predictive analytics to deliver advanced psychographics that allow our clients to fully engage with their people. Consider the following: In this dynamic era, raw data alone is a mere collection of facts. It's like having a palette full of colors but not knowing how to paint a masterpiece. While the City’s HRIS system can certainly churn out straightforward reports and allow basic analytics through tools like Excel, what truly differentiates an organization is its ability to *comprehend and connect* with the essence of that data. Envision, if you will, a symphony of understanding that unfolds the deeper nuances of your employees' aspirations, desires, and needs. The key isn't just in asking the right questions, but in seeking those profound insights that resonate with the soul of your workforce. It’s about understanding whether they perceive your organization as a nurturing ally during their career journey. Can they proudly proclaim, "This is where I belong"?
RFP No. 808-24 | AveNew Solutions, LLC
Now, imagine harnessing the power of modern methodologies like the Net Promoter Score (NPS) to tap into these sentiments. Couple that with the prowess of Machine Learning, which not only assimilates this data but predicts, with uncanny accuracy, the rhythm, and patterns of your workforce's psyche. Add to this a dash of Business Intelligence and the conversational ease of a ChatBot, and you have a seamless interface that brings these insights to your fingertips. Envision the profound harmony between an employee and an organization, where both dance in perfect synchronization, cherishing a bond that could span over 60,000 hours or 7,800 days. And while unforeseen circumstances, like black swan events, might challenge this bond, with the right insights you can always be prepared. At the end of the day, a thriving relationship is rooted in understanding, and that's where we come in. Our offerings aren't just tools; they're bridges to nurturing enduring relationships. We've transformed the landscape of recognition and retention for many, and we are confident in our ability to do the same for your esteemed organization. 6. Integrations, Maintenance & Ongoing Innovations Tech.us is our technology partner that brings Awespira to life. Based in California’s Silicon Valley and several locations in India, with customers on four continents, Tech.us is an innovative software development and related services company with more than 1,350+ projects under its belts. Maintenance services provided for Awespira by Tech.us include: • Monitor and maintain servers and network infrastructure on AWS to ensure availability and performance; • Monitor and maintain integrations with 3rd party software and systems to ensure availability and performance; • Monitor API traffic and maintain API microservices to ensure availability and performance; • Monitor application, database, network, and server performance and resource utilization and recommend improvements as needed; • Monitor and maintain databases and database integrity; • Adjust resources or architecture of server or network infrastructure to improve application speed and responsiveness; • Update and patch servers as needed to keep current; • Conduct and maintain regular backups of the system; • Update and patch servers and software as needed to keep current with information security requirements; • Investigate and troubleshoot any bugs or failures and determine changes required and root cause; • Investigate and troubleshoot usability and user interface issues and recommend changes to reduce friction or confusion; and • Monitor and maintain mobile app store listings with Apple and Android App Stores.
RFP No. 809-24 | AveNew Solutions, LLC
Project Methodology AveNew Solutions is partnering with Todd Rogers. Together we are proud to introduce an innovative approach that leverages Rogers’ decades of experience with the LA County Sheriff’s Department, AveNew’s history in government and labor, the cutting-edge technology platform, Awespira, the predictive metrics competencies of Aclaró AI, and the leadership coaching of Lina Sosa. Our comprehensive approach transcends traditional methods, providing the City of Lancaster with a groundbreaking solution to the City’s quest to improve internal services using performance metrics and optimizing operations, specifically in the area of Public Safety. 1. In-Depth Analysis of the Public Safety Department Our team will conduct an in-depth evaluation of the City of Lancaster’s Public Safety Department, including: • Understanding the current structure, roles, and responsibilities. • Identifying opportunities for process improvement and optimization. • Review existing and proposed Public Safety policies, practices, and procedures to align with best practices. The following are examples of the type of information that will be gathered: • Identifying the effectiveness of the service provided by LASD and pain points. • Review existing Public Safety policies, practices, procedures, and deployments and how they align with LASD and industry best practices. • Evaluate areas for process improvement and efficiencies. • Employee and contract deputy experience and engagement evaluation utilizing both traditional interviews and AveNew Awespira. • Community opinions regarding public safety (if desired). Specifically, our evaluation will include the following key components: • Strategic Alignment: As a part of this evaluation, we will assess the Public Safety Department's alignment with the LASD and the operational goals of the City of Lancaster. We propose to utilize the Awespira platform to conduct surveys as a part of the evaluation, engaging employees – and ideally contract deputies – in a strategic collaboration for positive change based on precise evaluation outcomes. • Effectiveness: Our analysis will delve into the Public Safety Department’s and LASD’s relative effectiveness in meeting the public safety goals of the community and City leadership. 2. Develop and implement key performance metrics for the Public Safety Department Our team will develop and implement key performance metrics for the Public Safety Department, including: • Identifying relevant metrics to track departmental effectiveness and efficiency. • Establishing baseline measurements and setting targets for improvement. • Designing a monitoring and reporting system for ongoing assessment. The following describes our team's comprehensive methodology: • Information Gathering Methods: Our innovative approach includes both on-site and digital environmental analyses and documentation review. Awespira integrates data analysis, digital surveys, and online interviews, ensuring a streamlined process that minimizes disruption to the team's productivity. • Key Performance Metrics: Through Awespira-driven analytics, AveNew and Todd Rogers will establish baseline Key Performance Metrics aligned with industry standards and community priorities.
RFP No. 809-24 | AveNew Solutions, LLC
3. Provide Recommendations for Improvements Based on the Evaluation and Performance Metrics We will provide recommendations for improvements based on the evaluation and performance metrics, including: • Suggestions for process optimization and best practices implementation. • Recommendations for any necessary structural changes within the department. • Development of a plan to address identified gaps and inefficiencies. Included in this phase will be a focus on successes and ongoing challenges: • Full implementation of Public Safety Department Expansion. • Integration with LASD. • Internal and external assessments. • Overall performance relative to core public safety metrics. • Community perception of the City of Lancaster's public safety strategy. • Financial considerations. Additionally, we will review and provide recommendations for the Public Safety Department, specifically by reviewing key metrics around: • Crime trends and perceptions of public safety. • Community satisfaction with public safety services. • Inter-agency conflicts. Potential recommendations for improvement may include: • Revised departmental policies, procedures, and structure. • Revised deployment parameters. • Recommendations for enhanced community policing integration. • Recommendations for enhanced inter-agency cooperation. • Development of a plan to address identified gaps and inefficiencies. • Recommendations for longer-term strategic planning. Our recommendations will be prioritized in the order of perceived importance to assist with implementation. 4. Offer Support for the Recent Expansion, New Leadership, and Significant Changes Within the Public Safety Department Our team will offer support for the recent expansion, new leadership, and significant changes within the Public Safety department, including: • Advising on strategies for smoothly integrating new staff and expanded roles. • Supporting new leadership in their vision for the department, focusing on aligning this vision with implementing performance metrics. • Assisting in managing the changes associated with the department's expansion and leadership transition. AveNew, together with Todd Rogers, will present change management recommendations based on priority, qualitatively supported by our evidence-based analysis and quantitatively supported by Awespira's data-driven insights. With a specific roadmap for each change, we offer written communication plans, coaching, SOPs, and leadership buy-in strategies. Our ongoing support ensures a smooth implementation of desired changes.
RFP No. 809-24 | AveNew Solutions, LLC
Change management support shall include: • Creating a roadmap for implementing the recommended changes and metrics. • Coaching and training public safety staff on new processes, practices, and performance measurement. • Written SOPs for the Public Safety department to follow for various new processes. • Coaching and training public safety staff on new processes, practices, and performance measurement. • Capturing and ensuring leadership buy-in for proposed changes. • Encouraging and supporting behavioral changes within the department and City. To ensure a maximum ROI on the project, we recommend LMS Consulting’s Leadership Advantage Program (LAP). LAP, which is led by Lina Sosa, an Executive Coach with 20 years of experience managing and coaching individuals and teams, will prepare your key managers and leaders to reach their highest level of performance. Those who are selected to engage will learn strategies and techniques that will increase their engagement, enthusiasm, and overall results. The program provides interactive workshops to develop skills and tools that they can implement in their day-to-day operations. In this hands-on program, participants will experience increased performance and productivity by practicing critical thinking techniques, improved communication, and innovative ways for effectively resolving conflict. The program includes: Dynamic Group Meetings: 1 full-day meeting in person and 11 half-day virtual meetings held monthly. Accountability Triad: Triads connect every other month to share successes. Dynamic Curriculum: Essential topics based on metrics from this body of work, handling of issues, and hands-on exercises. Duration: One year is recommended Through their work with this program, participations will take these skills and competencies to the next level, allowing them to execute and lead teams effectively. Skills attained will include: • Goal setting • Communication • Collaboration • Listening • Conflict resolution • Adaptability • Organization • Accepting constructive feedback • Productivity • Accountability • Culture-by-design • Constituent success Benefits to Employees • Professional growth and increased confidence • Improved communication • Tools and strategies that help them exceed their personal and career goals. • Team building and connection.
Benefits to the City of Lancaster • Improved performance and productivity • Healthier organizational culture • Increased employee engagement and retention • A clear roadmap to success 5. Assess the Impact of Public Safety Performance Metrics Implementation on the City and its Departments The AveNew team and Todd Rogers understands that organizational change takes time and that some individuals and departments may be resistant to the impact of the changes to be implemented throughout this project. With humanity in mind, we will ensure care is taken in the communication and methodology in which the changes are rolled out and involve key stakeholders to minimize disruption and negative impact to operations. Communicating effectively the reason behind change often eases any potential undue emotional concerns. We will partner with all departments with dependencies on Public Safety operations before implementing change.
RFP No. 809-24 | AveNew Solutions, LLC
Our team will assess the impact of Public Safety performance metrics implementation on the City and its departments, including: • Identifying interdepartmental dependencies and collaboration opportunities. • Evaluating potential improvements to overall City operations due to the Public Safety department optimization. • As necessary, facilitate meetings and workshops with the Public Safety team, other departments, and stakeholders. 6. Facilitate Meetings and Workshops AveNew is committed to engaging all stakeholders, including those within the Public Safety team, working in other departments, City leadership, and externally as appropriate. This engagement will happen both in person and virtually and will occur throughout the duration of the project. In conclusion, our combined analytics and consulting, combined with the Awespira solution, will provide a transformative analysis and consultation model. This approach not only meets the City of Lancaster's needs but sets a new standard for excellence in the realm of Public Safety and performance metrics solutions. Throughout this journey, data collection via AweSpira ensures continuous improvement and sustained success. 7. Implementation Plan 1. Project Management Methodology Our team employs a robust project management system that ensures efficient handling of projects similar to the one outlined in this Request for Proposal (RFP). Specifically, we have designated a senior project manager for this initiative who possesses extensive experience in overseeing similar projects. The project management methodology adopted incorporates industry best practices and adheres to recognized standards to ensure project success. Utilizing fully transparent cloud-based project management software, we centralize project activities, milestones, and resources. This software enables real-time collaboration, task allocation, and progress tracking, facilitating a streamlined workflow and enhanced project transparency. 2. Stakeholder Engagement Approach We understand the criticality of soliciting and incorporating the perspectives of both internal and external stakeholders throughout the project lifecycle. Our methodology includes a systematic approach to solicit, document, and address the views, concerns, and feedback of relevant stakeholders. Through secure communication channels and regular engagement sessions, we aim to ensure that stakeholder inputs are not only captured but also integrated into the project framework to align with needs and expectations. 3. Additional Project Management Strategies In addition to the aforementioned methodologies, we emphasize secure document storage and version control through a shared platform, ensuring all project-related documentation remains accessible, secure, and updated. We prioritize data security and confidentiality by implementing robust access controls and encryption measures within our chosen document storage system. Our firm will employ risk management strategies that identify potential hurdles early in the project cycle, allowing for proactive mitigation measures to be implemented. Moreover, regular progress reporting and performance evaluation mechanisms will be established to monitor project milestones and ensure alignment with predefined objectives.
RFP No. 809-24 | AveNew Solutions, LLC
By combining advanced cloud-based project management tools, secure communication protocols, and a comprehensive stakeholder engagement strategy, our implementation plan is designed to optimize project efficiency, maintain transparency, and ultimately deliver exceptional results in line with the requirements outlined in this RFP. Roles and Responsibilities 1. Access to Documents • Responsibility: City staff will provide AveNew with confidential access to relevant policies and procedures that are necessary for the implementation of the project. • Role of City Staff: Identify, compile, and share all necessary policies, procedures, and other documents promptly and accurately. • Role of the AveNew Team: Review and understand the provided policies and procedures to align the project's goals with the City's regulations and guidelines. 2. Facilitating Meetings • Responsibility: City staff will coordinate and facilitate meetings involving employees and stakeholders. • Role of City Staff: Schedule meetings, invite necessary stakeholders, secure meeting spaces or virtual platforms, and ensure smooth facilitation of discussions. • Role of the AveNew Team: Participate actively in these meetings, contributing expertise and guidance to align strategies and goals, as well as gather feedback. 3. Encouraging Engagement • Responsibility: City staff will encourage employees and stakeholders to download and engage with Awespira, participating in surveys, polls, and activities. • Role of City Staff: Promote the features and benefits of the platform and encourage active involvement among employees and stakeholders. • Role of the AveNew Team: Provide support and materials to facilitate engagement, ensuring the platform is user-friendly and culturally relevant to encourage participation. 4. Collaborating on Content Design • Responsibility: City staff will collaborate with AveNew to design relevant and culturally appropriate content for Awespira. • Role of City Staff: Contribute insights into the local culture, preferences, and values to shape the content's relevance to the community. • Role of the AveNew Team: Utilize expertise in content creation and engagement strategies to develop materials that align with the city's culture and resonate with its audience to achieve project goals. 5. Ongoing Communication and Feedback • Responsibility: Both City staff and AveNew will maintain open communication and provide feedback on the progress and effectiveness of the initiatives. • Role of City Staff: Share regular updates, concerns, and suggestions regarding the project's implementation. • Role of the AveNew Team: Gather feedback, analyze data from the platform, and provide recommendations for improvements based on engagement metrics and user feedback.
RFP No. 809-24 | AveNew Solutions, LLC
This collaboration outlines a mutual effort where City staff and the AveNew team work hand-in-hand to achieve the outlined goals by utilizing each other's strengths, expertise, and resources to ensure successful implementation and engagement within the community. Detailed Timeline Task Timeline In-depth evaluavon of the Public Safety department Months 1-2 Develop and implement key performance metrics for the Public Safety department Months 3-4 Provide recommendavons for improvements based on the evaluavon and performance metrics Months 5-6 Offer support for the recent expansion, new leadership, and significant changes within the Public Safety department Months 6-9 Assess the impact of Public Safety performance metrics implementavon on the City and its departments Months 6-9 As necessary, facilitate meevngs and workshops with the Public Safety team, other departments, and stakeholders Ongoing 4. References Maynard: • Wayne Quint, Executive Director, PPOA | 951-316-8162 | [email protected] • Bud Treece, Executive Director Emeritus, ALADS | (818) 678-0399 | [email protected] Rogers: • Cecil W. Rhambo Jr., Chief of Police, LAWA | 424-477-7362 | [email protected] Bender: • David Roberts, City Manager, City of Carson | [email protected] | 310-830-7600 Sosa: • Jessica Lerner, President and CEO, Community Care Plan | [email protected] | 954-309-2567 • Josue Solano, CEO, BBC International | [email protected] | 954-600-4234 • Tina M. Lux, President, SAIM | [email protected] | 561-859-8509
RFP No. 809-24 | AveNew Solutions, LLC
5. Cost Proposal
See Addendum A. Hourly Rates AveNew Principal $ 250.00 Project Manager $ 125.00 Communications Manager $ 125.00 Communications Associate $ 75.00 Public Safety Expert Todd Rogers $250.00 Aclaró AI Senior AI Resource $ 250.00 Sr. BI Resource $ 200.00 Jr. BI Resource $ 125.00 All originals of plans, field notes, data and calculations, reports, electronic files, etc., will be turned over to the City upon completion of work. 6. Exceptions to Professional Services Agreement The proposer does not have any exceptions to the Professional Services Agreement/Insurance requirements.
RFP No. 808-24 & 809-24 | AveNew Solutions, LLC
5. Cost Proposal – Revised 2/29/24
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STAFF REPORT
City of Lancaster
CC
26 03/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation & Community Services Subject: Award of Bid – PARCS PROJECT 819-24 - Rawley Duntley Park Hardcourt Replacement Project
Recommendation:
1. Award PARCS PROJECT 819-24, Rawley Duntley Park Hardcourt Replacement Project to All American Building Services, of Santa Clarita, CA in the amount of $191,884 plus a 15% contingency, to remove and replace two concrete basketball courts at Rawley Duntley Park.
This contract is awarded to the lowest responsive bidder per California Public Contract Code Section 22038(c).
2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on March 14, 2024.
3. Authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
$220,667 (including 15% contingency); sufficient funds are available in Capital Improvement Budget CP12ZZ007.CONST.
Background:
Rawley Duntley Park is located at 3334 West Avenue K, Lancaster, CA 93536. Residents have enjoyed Rawley Duntley Park’s baseball fields, playground, basketball courts, picnic shelters, and open space for over four decades. The aging basketball courts have deteriorated to the point where replacing them is critical and essential for our community.
This project includes replacing both basketball courts with new concrete, four new basketball boards and hoops, fresh epoxy coatings and line markers, resulting in improved accessibility to all. 1 5
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Per Section 2.2 this project is subject to the Community Workforce Agreement 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”). Per Section 2.6(b) of the CWA, Letters of Assent shall be submitted to the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to the commencement of work, or within forty-eight (48) hours after the award of Project Work to the Contractor (or subcontractor), whoever occurs later.
On February 14, 2024, a Request for Bid for the Rawley Duntley Park Hardcourt Replacement Project was released and posted on PlanetBids and the City of Lancaster website. All American Building Services was the lowest responsive responsible bidder amongst three (3) bids. The responsive responsible bids were as follows:
Contractor City Bid Amount
All American Building Services Santa Clarita, CA $191,884 R.C. Becker and Son, Inc Santa Clarita, CA $271,717
Bellakai Construction Carlsbad, CA $476,740
SP:rg
STAFF REPORT
City of Lancaster
CC 27
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Subject: Ordinance Modification to Extend Compliance Requirements for the Conversion of Gas-Powered Lawn Equipment to Electric
Recommendation:
Adopt Ordinance No. 1114. which extends the compliance requirements for converting gas- powered lawn mowers and lawn equipment to electric to April 2027.
Fiscal Impact:
There is no direct fiscal impact associated with the approval of this ordinance amendment itself.
However, by extending the compliance deadline, the City can utilize available funding sources to convert gas-powered lawn equipment to electric. This strategic extension aims to mitigate any potential financial impact on the City and its residents by preserving eligibility for conversion assistance programs.
Background:
The City Council previously mandated the conversion of gas-powered lawn mowers and lawn equipment to electric by April of this year. This requirement was part of a broader initiative to reduce emissions and environmental impact. Subsequent analysis revealed that enforcing a conversion by law could inadvertently render certain funding sources for the conversion ineligible. Recognizing this, the proposed ordinance amendment seeks to extend the deadline for compliance to April 2027.
The ordinance, identified as Ordinance No. 1114, amends Chapter 8.70 of the Lancaster Municipal Code, specifically replacing Section 8.70.020 to prohibit the use of gasoline-powered landscape equipment by landscape maintenance businesses, effective April 1, 2027. This amendment reflects the City's continued commitment to environmental stewardship while efficiently addressing the financial and logistical aspects of transitioning to cleaner, electric- powered lawn equipment.
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The extension of the compliance deadline through the adoption of Ordinance No. 1114 is a necessary adjustment to maximize funding opportunities for converting gas-powered lawn equipment to electric. This approach maintains our environmental goals while addressing practical considerations for implementation.
At the Lancaster City Council meeting held on March 12, 2024, the City Council approved the introduction of Ordinance No. 1114, an ordinance which which extends the compliance requirements for converting gas-powered lawn mowers and lawn equipment to electric to April 2027, by the following vote: 4-0-0-1; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES:
None; ABSTAIN: None; ABSENT: Malhi.
Attachment:
Ordinance No. 1114
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AMENDING CHAPTER 8.70 TO
THE LANCASTER MUNICIPAL CODE CONCERNING USE
OF GASOLINE POWERED LANDSCAPE EQUIPMENT BY
LANDSCAPE MAINTENANCE BUSINESSES
WHEREAS, the City Council desires to exercise its authority under Sections 5 and 7 of Article XI of the California Constitution and Section 100 of the Charter of the City of Lancaster to modify its prohibition on the use of gasoline powered landscape equipment by landscape maintenance businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 8.70 is hereby amended as follows:
Section 8.70.020 is deleted in its entirety and replaced with the following:
“8.70.020 - Prohibition against use of gasoline powered landscape equipment.
Effective April 1, 2027, a landscape maintenance business shall not use gasoline powered landscape equipment within the city.”
Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of t e remaining portions of this Ordinance. The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. 4 2
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I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __ day of _______, 2024, and placed upon its second reading and adopted at a regular meeting of the City Council on the ___ day of _____, 2024 by the vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA) )
COUNTY OF LOS ANGELES )
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________, ________________________City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. ________, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of _________________, __________
(seal)
STAFF REPORT
City of Lancaster
CC 28
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Kathleen Abaied, Assistant Director – Human Resources
Subject:Second Amendment to the Agreement between the Antelope Valley Air Quality Management District (AVAQMD) and the City of Lancaster
Recommendations:
1. Approve the Second Amendment to the Agreement between the Antelope Valley Air Quality Management District (AVAQMD) and the City of Lancaster amending Section 3 and Section 13 and Exhibit A in its entirety, to include Operational Oversight, naming Barbara Lods as the Executive Director, setting initial classification and compensation, and designating at-will employee status; and the Scope of Material and Services.
2. Authorize the City Manager to finalize terms and conditions of the proposed Second Amendment and execute the final Second Amendment.
Fiscal Impact:
None. The Agreement provides for all City costs to be reimbursed by AVAQMD.
Background:
The Agreement for services between the City and AVAQMD is for a period of five (5) years commencing on October 1, 2022 and ending on June 30, 2027, with an option to continue for two (2) more years under the same terms and conditions, unless earlier terminated, extended, or modified. This Second Amendment to the Agreement provides Operational Oversight by providing the services of a Director to act in the capacity of Air Pollution Control Officer (APCO)/Executive Director, serving as an at-will employee of the City.
Attachment:
Second Amendment to Agreement
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SECOND AMENDMENT TO AGREEMENT BETWEEN THE
ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
AND THE CITY OF LANCASTER
This Second Amendment (“Second Amendment”) is made between the ANTELOPE VALLEY AIR QUAILITY MANAGEMENT DISTRICT (“AVAQMD”) AND THE CITY OF LANCASTER (“CITY”).
RECITALS
WHEREAS, AVAQMD is the local agency with the Primary responsibility for the control of air pollution from all sources other than vehicular sources within the local jurisdiction (Health & Safety Code §39002, 40000); and
WHEREAS, AVAQMD has a jurisdiction as described in Health & Safety Code §41300(b) and more particularly described in AVAQMD Rule 103; and WHEREAS, the CITY OF LANCASTER is within the jurisdiction as described in Health & Safety Code §41300(b);
WHEREAS, the AVAQMD and the CITY have by that certain agreement dated August 24, 2022 (“Agreement”) agreed that AVAQMD will contract from the CITY certain services necessary to provide air pollution control services including human resources, staffing and fiscal administration adequate to meet the regulatory and legislated responsibilities of an air quality management district within the AVAQMD jurisdiction; and WHEREAS, the CITY agreed to provide such services consistent with all applicable laws and regulations pursuant to the provisions of this Agreement; and WHEREAS, the CITY and AVAQMD amended the Agreement by that certain First Amendment dated July 11, 2023; and
WHEREAS, certain changes in personnel have occurred, requiring further amendment of the Agreement; and
WHEREAS, the AVAQMD and the CITY together agree to amend the Agreement pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 of the California Government Code (commencing with §6500).
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In consideration of the mutual covenants and conditions the AVAQMD and the CITY agree as follows:
TERMS AND CONDITIONS
1.AMENDMENT TO SECTION 3. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following:
The CITY OF LANCASTER agrees to provide the human resource, staffing and fiscal administration, as specified in “Scope of Materials and Services” (Exhibit “A”), attached and incorporated by this reference (collectively, the “Services”). The CITY OF LANCASTER and AVAQMD will mutually agree upon an annual budget for the Services based on a best estimate of the costs to provide such Services and historical data, which budget will be adopted by AVAQMD prior to the commencement of each fiscal year (“Annual Budget”). The Annual Budget will be subject to amendment in accordance with changes in the actual costs of goods and services provided by the CITY OF LANCASTER as described in Section 5(c). Exhibit A may be amended in whole or in part to reflect any changes or adjustments as directed by the actions of the governing bodies of the AVAQMD and/or the CITY OF LANCASTER. For purposes of interpretation of the scope and nature of the Services, the governing order of document precedence shall be first Exhibit A and second the current fiscal year budget for the AVAQMD, as amended.
2.AMENDMENT TO SECTION 13. Section 13.B of the Agreement is hereby deleted in its entirety and replaced with the following:
13. OPERATIONAL OVERSIGHT
B. Executive Director
1. The Executive Director of AVAQMD pursuant to this
Amendment will be Barbara Lods, whose classification and compensation shall be as a “Director 2000, Step 3” on the CITY OF LANCASTER’s compensation and classification schedule, with a starting salary as of January 1, 2024 of $101.97 per hour ($17,675.30 per month).
2. The Parties acknowledge and agree that future compensation to Barbara Lods will be in accordance with the below schedule and pursuant to the CITY OF LANCASTER’s customary fiscal year employee review schedule, beginning in fiscal year 2024/2025.
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City of
Lancaster Title
City of
Lancaster
Employee
Group
AVAQMD
Working Title
Starting Hourly Range Steps 1-6.
(City of Lancaster: Effective November 14, 2023)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Director 2000
Executive
Director/APCO $92.49 $97.12 $101.97 107.07 112.43 118.05
3. Any removal of Barbara Lods from the position of Executive Director pursuant to the provisions of paragraph 13.A., above, will result in her removal from employment with the CITY OF LANCASTER.
3. AMENDMENT TO EXHIBIT A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A hereto.
4. AMENDMENT TO EXHIBIT B.
5. EFFECTIVE DATE
This Second Amendment shall be effective January 1, 2024, for the term specified in Section 2 of the Agreement.
6. NO OTHER CHANGES
Except as amended by this Second Amendment, all provisions of the Agreement shall remain in full force and effect and shall govern the actions of the Parties.
This Agreement is executed in the City of Lancaster, County of Los Angeles.
ANTELOPE VALLEY AIR QUALITY CITY OF LANCASTER
MANAGEMENT DISTRICT
BY: ____________________________ BY: __________________________ Barbara Lods, APCO Jason Caudle, City Manager
DATED: _______________________ DATED: _______________________ 4 | P a g e
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Approved as to Legal Form
_______________________________
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ACKNOWLEDGMENT AND CONSENT
TO SECOND AMENDMENT TO AGREEMENT BETWEEN THE
ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
AND THE CITY OF LANCASTER
The undersigned hereby expressly acknowledges and consents to the terms of that certain Second Amendment to Agreement Between the Antelope Valley Air Quality Management District (“AVAQMD”) and the City of Lancaster (“City”) dated _______, 2024 (the “Second Amendment”), including, but not limited to:
1. That the person serving in the position of Air Pollution Control Officer (“APCO/Executive Director”) must have the full confidence of the Governing Board of the AVAQMD.
2. That the Governing Board of the AVAQMD with a 75% majority will have the right, at any time, to request the removal of the undersigned as APCO/Executive Director.
3. That as APCO/Executive Director, the undersigned is an at-will employee not entitled to due process rights pursuant to Skelly v. State Personnel Board (1975) 15 Cal.3d 194.
This Agreement is executed in the City of Lancaster, County of Los Angeles on this ____ day of _________, 2024.
__________________________
Barbara Lods
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EXHIBIT A
SCOPE OF MATERIALS AND SERVICES
The CITY OF LANCASTER agrees to provide services to the AVAQMD as specified in the Agreement, namely: provide administration and operations, adequate to meet the regulatory and legislated responsibilities of an air quality management district within the AVAQMD jurisdiction specified in Division 26 of the California Health & Safety Code (commencing with §39000). The scope of services that the CITY OF LANCASTER may provide as directed by the fiscal year budget are described below.
In the event the AVAQMD Governing Board redirects or appoints a third party to perform any of the services or functions listed herein to another party, contractor, consultant or vendor, the CITY OF LANCASTER will be relieved from any and all liabilities arising out of or connection with the performance of such services by any or all third parties from the effective date of such assignment. The AVAQMD shall indemnify and hold harmless the CITY OF LANCASTER, its agents and employees, against all liabilities arising out of or connected with the transfer of such assignment.
The CITY OF LANCASTER agrees to provide staffing for the following positions to serve in each referenced capacity on behalf of the AVAQMD operations:
City of
Lancaster Title
City of
Lancaster
Employee
Group
AVAQMD
Working Title
Starting Hourly Range Steps 1-6.
(City of Lancaster: Effective February 27, 2024)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Director 2000
Executive
Director/APCO $92.49 $97.12 $101.97 $107.07 $112.43 $118.05 Analyst 4000 Grants Analyst $46.25 $48.56 $50.99 $53.54 $56.21 $59.02 Senior
Inspector 4000
Air Quality
Specialist III $46.25 $48.56 $50.99 $53.54 $56.21 $59.02 Inspector 4000
Air Quality
Specialist I $41.62 $43.70 $45.89 $48.18 $50.59 $53.12
Specialist I 4000 Office Assistant $32.37 $33.99 $35.69 $37.48 $39.35 $41.32 Engineering
Technician 4000 Engineer $41.62 $43.70 $45.89 $48.18 $50.59 $53.12 Planner 4000
Air Quality
Planner $46.25 $48.56 $50.99 $53.54 $56.21 $59.02
Annually, THE CITY OF LANCASTER and the AVAQMD will amend or confirm the titles and organizational structure in concurrence with the annual budget process. The CITY OF LANCASTER will provide all benefits for the above listed personnel as it does for all other CITY OF LANCASTER employees. As such, all listed positions will be subject to amendments and changes approved by the CITY OF LANCASTER city council. 7 | P a g e
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Grant Account/Management: all activities including, but not limited to, making application for available funds, soliciting projects that meet the objectives of each grant program, developing and administering contracts to ensure the grant program objectives are met; disbursing funds and performing reviews on contract performance. A portion of the CITY OF LANCASTER finance department staff will supervise and account for the grant's activity and the AVAQMD will be billed on a time and material basis for such support.
Administrative Services: all activities including, but not limited to, operations for a staffed office located in the AVAQMD jurisdiction with regular business operating hours, revenue collection and expenditure tracking, budget preparation and administration, development, implementation and maintenance of an automated system for tracking permits and permit activities, procurement and maintenance of facilities, operations and fixed assets as set forth in the annual budget, and miscellaneous expenses as identified in the annual budget.
Financial and accounting services include, but are not limited to, appropriate accounting procedures to maintain bank accounts, receive and expend funds and report accordingly, and computer information systems.
Executive Services: all activities including, but not limited to services of the Air Pollution Control Officer/Executive Officer, direction and oversight of all operations of the AVAQMD, support for boards, commissions and committees, including the Governing Board and the Hearing Board.
STAFF REPORT
City of Lancaster
CC 29
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Kathleen Abaied, Assistant Director – Human Resources
Subject: Amending Classification Schedule and Increasing the Full Time Equivalent (FTE) Headcount
Recommendation:
Adopt Resolution No. 24-__, amending Resolution 24-06, establishing a compensation schedule for various classifications of employees of the City of Lancaster and adding one (1) FTE position increasing the City of Lancaster’s FTE count from 305 to 306.
Fiscal Impact:
None. The total cost of the additional FTE position is $48,353.82 to fund 3 months for the remainder of the fiscal year 2023-2024 will be fully covered by the agreement with AVAQMD.
Background:
The AVAQMD governing board determined that additional personnel is needed to perform the necessary job functions and duties in partnership with the City of Lancaster.
Attachment:
Resolution No. 24-__
RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, AMENDING RESOLUTION 24-06
ESTABLISHING TERMS AND CONDITIONS OF
EMPLOYMENT AND A COMPENSATION SCHEDULE FOR
REPRESENTED AND NON-REPRESENTED REGULAR AND
PROBATIONARY EMPLOYEES OF THE CITY
WHEREAS, the City Council is desirous of amending the Classification and Compensation Schedule for Represented and Non-Represented Full Time Employees;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS;
Section 1. The 2000 series employee group and the following classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Director H - $92.49
M - $16,032.01
H - $97.12
M - $16,833.61
H - $101.97
M - $17,675.30
H - $107.07
M - $18,559.06
H - $112.43
M - $19,487.02
H - $118.05
M - $20,461.37
Assistant City
Manager
H - $112.80
M - $19,551.22
H - $118.44
M - $20,528.78
H - $124.36
M - $21,555.21
H - $130.57
M - $22,632.98
H - $137.10
M - $23,764.63
H - $143.96
M - $24,952.85
Section 2. The 2100 series employee group and the following classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Chief of Police H - $92.49
M - $16,032.01
H - $97.12
M - $16,833.61
H - $101.97
M - $17,675.30
H - $107.07
M - $18,559.06
H - $112.43
M - $19,487.02
H - $118.05
M - $20,461.37
Director of
Public Safety
H - $92.49
M - $16,032.01
H - $97.12
M - $16,833.61
H - $101.97
M - $17,675.30
H - $107.07
M - $18,559.06
H - $112.43
M - $19,487.02
H - $118.05
M - $20,461.37
Section 3. The 3000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Planner H - $46.55
M - $8,067.80
H - $48.87
M - $8,471.19
H - $51.32
M - $8,894.75
H - $53.88
M - $9,339.48
H - $56.58
M - $9,806.46
H - $59.40
M - $10,296.78
Analyst A H - $46.55
M - $8,067.80
H - $48.87
M - $8,471.19
H - $51.32
M - $8,894.75
H - $53.88
M - $9,339.48
H - $56.58
M - $9,806.46
H - $59.40
M - $10,296.78
Analyst B H - $49.32
M - $8,549.17
H - $51.79
M - $8,976.63
H - $54.38
M - $9,425.46
H - $57.10
M - $9,896.73
H - $59.95
M - $10,391.57
H - $62.95
M - $10,911.16
Resolution No. 24-__
Engineer H - $55.22
M - $9,570.69
H - $57.98
M - $10,049.22
H - $60.88
M - $10,551.67
H - $63.92
M - $11,079.25
H - $67.11
M - $11,633.20
H - $70.47
M - $12,214.87
Senior Planner H - $56.71
M - $9,829.97
H - $59.55
M - $10,321.48
H - $62.52
M - $10,837.56
H - $65.65
M - $11,379.44
H - $68.93
M - $11,948.41
H - $72.38
M - $12,545.82
Manager H - $61.08
M - $10,586.77
H - $64.13
M - $11,116.11
H - $67.34
M - $11,671.92
H - $70.70
M - $12,255.51
H - $74.24
M - $12,868.29
H - $77.95
M - $13,511.70
Section 4. The 3000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Senior Planner H - $55.50
M - $9,619.20
H - $58.27
M - $10,100.16
H - $61.18
M - $10,605.16
H - $64.24
M - $11,135.41
H - $67.45
M - $11,692.18
H - $70.83
M - $12,276.79
Manager H - $60.12
M - $10,420.82
H - $63.13
M - $10,941.86
H - $66.28
M - $11,488.95
H - $69.60
M - $12,063.39
H - $73.08
M - $12,666.57
H - $76.73
M - $13,299.91
Chief Building
Official H - $64.74
M - $11,222.38
H - $67.98
M - $11,783.50
H - $71.38
M - $12,372.69
H - $74.95
M - $12,991.31
H - $78.70
M - $13,640.88
H - $82.63
M - $14,322.92
Senior Engineer H - $64.74
M - $11,222.38
H - $67.98
M - $11,783.50
H - $71.38
M - $12,372.69
H - $74.95
M - $12,991.31
H - $78.70
M - $13,640.88
H - $82.63
M - $14,322.92
City Clerk H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Assistant City
Attorney H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Assistant
Director H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Section 5. The 3100 series employee group and the following classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Police Sergeant H - $60.12
M - $10,420.82
H - $63.13
M - $10,941.86
H - $66.28
M - $11,488.95
H - $69.60
M - $12,063.39
H - $73.08
M - $12,666.57
H - $76.73
M - $13,299.91
Assistant Chief
of Police
H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Section 6. The 4000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I H - $34.06
M - $5,902.95
H - $35.76
M - $6,198.10
H - $37.55
M - $6,508.00
H - $39.42
M - $6,833.39
H - $41.39
M - $7,175.05
H - $43.46
M - $7,533.80
Resolution No. 24-__
Section 7. The 4000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I
H - $32.37
M - $5,611.21 H - $33.99
M - $5,891.77
H - $35.69
M - $6,186.35
H - $37.48
M - $6,495.67
H - $39.35
M - $6,820.45
H - $41.32
M - $7,161.48
Administrative
Assistant
H - $32.37
M - $5,611.21 H - $33.99
M - $5,891.77
H - $35.69
M - $6,186.35
H - $37.48
M - $6,495.67
H - $39.35
M - $6,820.45
H - $41.32
M - $7,161.48
Coordinator I H - $37.00
M - $6,412.79
H - $38.85
M - $6,733.44
H - $40.79
M - $7,070.12
H - $42.83
M - $7,423.63
H - $44.97
M - $7,794.80
H - $47.22
M - $8,184.54
Specialist II H - $37.00
M - $6,412.79
H - $38.85
M - $6,733.44
H - $40.79
M - $7,070.12
H - $42.83
M - $7,423.63
H - $44.97
M - $7,794.80
H - $47.22
M - $8,184.54
Accountant H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Assistant City
Clerk
H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Administrative
Assistant
H - $37.00
M - $6,412.79
H - $38.85
M - $6,733.44
H - $40.79
M - $7,070.12
H - $42.83
M - $7,423.63
H - $44.97
M - $7,794.80
H - $47.22
M - $8,184.54
Specialist II H - $38.53
M - $6,678.60
H - $40.46
M - $7,012.53
H - $42.48
M - $7,363.16
H - $44.60
M - $7,731.32
H - $46.83
M - $8,117.89
H - $49.18
M - $8,523.80
Accountant H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Inspector H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Senior Specialist H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
IT Analyst I H - $45.80
M - $7,938.78
H - $48.09
M - $8,335.71
H - $50.50
M - $8,752.49
H - $53.02
M - $9,190.11
H - $55.67
M - $9,649.62
H - $58.45
M - $10,132.09
Senior
Engineering
Technician
H - $48.19
M - $8,353.22
H - $50.60
M - $8,770.88
H - $53.13
M - $9,209.42
H - $55.79
M - $9,669.88
H - $58.58
M -$10,153.37
H - $61.51
M - $10,661.04
Senior Inspector H - $48.19
M - $8,353.22
H - $50.60
M - $8,770.88
H - $53.13
M - $9,209.42
H - $55.79
M - $9,669.88
H - $58.58
M -$10,153.37
H - $61.51
M - $10,661.04
Analyst H - $49.40
M - $8,562.04
H - $51.87
M - $8,990.15
H - $54.46
M - $9,439.67
H - $57.18
M - $9,911.66
H – 60.04
M - $10,407.24
H - $63.04
M - $10,927.61
Coordinator III H - $49.40
M - $8,562.04
H - $51.87
M - $8,990.15
H - $54.46
M - $9,439.67
H - $57.18
M - $9,911.66
H – 60.04
M - $10,407.24
H - $63.04
M - $10,927.61
IT Analyst II H - $50.63
M - $8,776.08
H - $53.16
M - $9,214.90
H - $55.82
M - $9,675.64
H - $58.61
M - $10,159.41
H - $61.54
M - $10,667.39
H - $64.62
M – 11,200.76
Resolution No. 24-__
Coordinator II H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Engineering
Technician
H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Inspector H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Purchasing Agent H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Senior Specialist H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Analyst H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Coordinator III H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
IT Analyst I H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Planner H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Senior
Engineering
Technician
H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Senior Inspector H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Supervisor H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Assistant
Manager
H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
IT Analyst II H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Senior Analyst H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Senior
Coordinator H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Senior IT
Analyst
H - $55.50
M - $9,619.20
H - $58.27
M - $10,100.16
H - $61.18
M - $10,605.16
H - $64.24
M - $11,135.41
H - $67.45
M - $11,692.18
H - $70.83
M - $12,276.79
Engineer H - $55.50
M - $9,619.20
H - $58.27
M - $10,100.16
H - $61.18
M - $10,605.16
H - $64.24
M - $11,135.41
H - $67.45
M - $11,692.18
H - $70.83
M - $12,276.79
Resolution No. 24-__
Section 8. The 5000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Technician II H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
H - $40.40
M - $7,002.67
H - $42.42
M - $7,352.80
H - $44.54
M - $7,720.27
Section 9. The 5000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Technician I H - $27.74
M - $4,808.27
H - $29.13
M - $5,049.20
H - $30.59
M - $5,302.27
H - $32.12
M - $5,567.47
H - $33.73
M - $5,846.53
H - $35.42
M - $6,139.47
Technician II H - $32.37
M - $5,610.80
H - $33.99
M - $5,891.60
H - $35.69
M - $6,186.27
H - $37.47
M - $6,494.80
H - $39.34
M - $6,818.93
H - $41.31
M - $7,160.40
· Section 10. The 5100 series employee group and the following classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Peace Officers H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Section 11. The 6000 series employee group and the following classifications are established in the Compensation Schedule effective March 24, 2024 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Fleet Technician H - $25.96
M - $4,499.73
H - $27.26
M - $4,725.07
H - $28.62
M - $4,960.80
H - $30.05
M - $5,208.67
H - $31.55
M - $5,468.67
H - $33.13
M - $5,742.53
Maintenance
Worker I
H - $25.96
M - $4,499.73
H - $27.26
M - $4,725.07
H - $28.62
M - $4,960.80
H - $30.05
M - $5,208.67
H - $31.55
M - $5,468.67
H - $33.13
M - $5,742.53
Utility
Maintenance
Worker I
H - $27.28
M - $4,728.53
H - $28.64
M - $4,964.27
H - $30.07
M - $5,212.13
H - $31.57
M - $5,472.13
H - $33.15
M - $5,746.00
H - $34.81
M - $6,033.73
Maintenance
Worker II
H - $28.70
M - $4,974.67
H - $30.13
M - $5,222.53
H - $31.64
M - $5,484.27
H - $33.22
M - $5,758.13
H - $34.88
M - $6,045.87
H - $36.62
M - $6,347.47
Senior
Custodian
H - $29.41
M - $5,097.73
H - $30.88
M - $5,352.53
H - $32.42
M - $5,619.47
H - $34.04
M - $5,900.27
H - $35.74
M - $6,194.93
H - $37.53
M - $6,505.20
Utility
Maintenance
Worker II
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Light Equipment
Mechanic
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Resolution No. 24-__
Heavy Equipment
Operator
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Facilities
Maintenance
Worker
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Lead Maintenance
Worker H - $32.47
M - $5,628.13
H - $34.09
M - $5,908.93
H - $35.79
M - $6,203.60
H - $37.58
M - $6,513.87
H - $39.46
M - $6,839.73
H - $41.43
M - $7,181.20
Lead Heavy
Equipment
Operator
H - $32.47
M - $5,628.13
H - $34.09
M - $5,908.93
H - $35.79
M - $6,203.60
H - $37.58
M - $6,513.87
H - $39.46
M - $6,839.73
H - $41.43
M - $7,181.20
Lead Utility
Maintenance
Worker
H - $34.06
M - $5,903.73
H - $35.76
M - $6,198.40
H - $37.55
M - $6,508.67
H - $39.43
M - $6,834.53
H - $41.40
M - $7,176.00
H - $43.47
M - $7,534.80
Heavy
Equipment
Mechanic
H - $34.06
M - $5,903.73
H - $35.76
M - $6,198.40
H - $37.55
M - $6,508.67
H - $39.43
M - $6,834.53
H - $41.40
M - $7,176.00
H - $43.47
M - $7,534.80
Traffic Signal
Technician H - $35.83
M - $6,210.53
H - $37.62
M - $6,520.80
H - $39.50
M - $6,846.67
H - $41.48
M - $7,189.87
H - $43.55
M - $7,548.67
H - $45.73
M - $7,926.53
Lead Mechanic H - $37.60
M - $6,517.33
H - $39.48
M - $6,843.20
H - $41.45
M - $7,184.67
H - $43.52
M - $7,543.47
H - $45.70
M - $7,921.33
H - $47.98
M - $8,316.53
Traffic Signal
Electrician H - $48.18
M - $8,351.20
H - $50.59
M - $8,768.93
H - $53.12
M - $9,207.47
H - $55.78
M - $9,668.53
H - $58.57
M - $10,152.13
H - $61.50
M - $10,660.00
Section 12. The 8000 series employee group classifications are established in the Temporary Hourly Compensation Schedule effective March 24, 2024 as follows:
Classification
Step 1 Step 2 Step 3 Step 4
Recreation Program Leader $17.95 $18.85 $19.79 $20.78
Senior Recreation Program Leader $21.82 $22.91 $24.06 $25.26 Youth Program Leader $17.95 $18.85 $19.79 $20.78
Senior Youth Program Leader $21.82 $22.91 $24.06 $25.26 Art Program Leader $17.95 $18.85 $19.79 $20.78
Senior Art Program Leader $21.82 $22.91 $24.06 $25.26
Special Events Assistant $17.95 $18.85 $19.79 $20.78
Stage Assistant $17.95 $18.85 $19.79 $20.78
Senior Stage Assistant $21.82 $22.91 $24.06 $25.26
Maintenance Assistant $17.95 $18.85 $19.79 $20.78
Senior Maintenance Assistant $21.82 $22.91 $24.06 $25.26 Facilities Assistant $17.95 $18.85 $19.79 $20.78
Senior Facilities Assistant $21.82 $22.91 $24.06 $25.26 Ranger $17.95 $18.85 $19.79 $20.78
Senior Ranger $21.82 $22.91 $24.06 $25.26
Office Assistant $21.82 $22.91 $24.06 $25.26
Senior Office Assistant $26.52 $27.85 $29.24 $30.70
Media Assistant $21.82 $22.91 $24.06 $25.26
Resolution No. 24-__
Senior Media Assistant $26.52 $27.85 $29.24 $30.70
Technical Assistant $21.82 $22.91 $24.06 $25.26
Senior Technical Assistant $26.52 $27.85 $29.24 $30.70
Security Officer $26.52 $27.85 $29.24 $30.70
Senior Security Officer $32.24 $33.85 $35.54 $37.32
Lifeguard I $20.78
Lifeguard II $23.90
Sr. Lifeguard $26.29
Senior Aquatic Program Leader $30.22
Undergraduate Intern $26.52
Graduate Intern $30.71
Homeless and Community Safety Liaison $26.93 - $52.73 Project Assistant $31.42 - $53.86
Section 13. Additional Full Time Equivalent (FTE) Position to the 2023-20234 Fiscal Year.
Two (2) FTE positions added to the City of Lancaster. One (1) FTE position added to CMO – AQMD department and one (1) FTE position added to PARCS department for the current fiscal year.
Section 14. Continuation of Other Benefits. All other existing benefits for 8000 series, 6000 series, 5100 series, 5000 series, 4000 series, 3100 series, 3000 series 2100 series, and 2000 series employees not conflicting with the above changes shall remain in effect until changed by the City through appropriate City Council action.
Section 15. Any Resolutions in conflict with provisions stated herein shall be considered superseded by the provisions contained within this Resolution.
PASSED, APPROVED, and ADOPTED on the 13 day of February, 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
Resolution No. 24-__
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ________________________________, ________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 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 ________________, ________.
(seal)
_____________________________________________
STAFF REPORT
City of Lancaster
CC 30
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From:Jason Caudle, City Manager
Subject:Approve 6 Month Pilot Program for Government Access Channel L28 Recommendation:
Approve Policy , Establishing a 6 Month Pilot Program for Use of Government Access Channel.
Fiscal Impact:
None.
Background:
The City of Lancaster's Government Access Channel, L28, serves to broadcast content related to the city's operations and community activities in accordance with the Cable Communications Policy Act of 1984. Managed by the City Manager's Office, L28 provides an essential service to Lancaster residents.
The 6 Month Pilot Program established by Policy provides the framework for managing the submissions and broadcasting of video content on L28 and the opportunity to gather data regarding the costs of allowing external content on L28 so that an appropriate fee structure may be established. It outlines the procedures for internal and external users to place information on the Channel and the conditions under which programming may be produced or aired.
The establishment of the 6 Month Pilot Program under Policy is a pivotal step in streamlining the process for video submissions for broadcasting on L28. The policy ensures that the content is informative, non-partisan, and beneficial to the residents of Lancaster while respecting community standards. The 6 Month Pilot Program will allow the City to gather data regarding the costs to operate the program so that an appropriate fee schedule can be prepared.
With the implementation of the 6 Month Pilot Program, the City of Lancaster will continue to enhance transparency, public awareness, and engagement with local government activities and 1 6
0 3
aligns with the City’s mission to provide high-quality services to its residents.
If not renewed by action of the Council, the 6 Month Pilot Program will sunset on September 26, 2024.
Attachment:
Policy ___
City of Lancaster
Administrative Policies and Procedures Manual
Subject: 6 Month Pilot Program: Broadcasting on the Government Access Channel Effective Date: [Insert Effective Date]
Index: Community Broadcasting
Supersedes: N/A
Staff Contact: [Insert Staff Contact]
Pages: [Total Number of Pages]
1.0 Purpose
To establish guidelines for the use of the Lancaster Government Access Channel, L28, ("Channel"), including, but not limited to, defining potential users and establishing procedures for placing information on the Channel. The mission of the Channel is to inform the citizens of Lancaster about local government activities, services, and discussions, to provide public service information to the community; and to enhance the accessibility of local government.
2.0 Background
Pursuant to the Cable Communications Policy Act of 1984, channels may be designated for public, educational, and governmental (PEG) purposes. In Lancaster, the Government Access Channel is available to Spectrum subscribers via Channel 28 in Lancaster. This Channel is specifically designated for access by the City of Lancaster and is not mandated by law to provide access to individuals or entities other than the City.
3.0 Policy
Cable television administration falls under the function of the City Manager's Office. The City Manager’s Office is responsible for the production of programming, overseeing the program schedule, and ensuring content aligns with city objectives. All programming decisions will be made by the City Manager in consultation with the City Attorney.
4.0 Goals
The goals for the Channel include:
1. Increasing resident access to local government and community meetings through various mediums, including live coverage of local government meetings via cable television.
2. Providing public information regarding governmental programs, services, projects, and public safety in Lancaster.
3. Informing residents about community activities and promoting upcoming community events.
4. Delivering information during local emergencies to assist and inform residents.
5. Provide access for nonprofit organizations on a pre-approved scheduled basis; and
6. Ensuring programming remains non-partisan and a-political.
5.0 Programing Categories
The City Manager’s office shall be responsible for coordinating the production and broadcast of the various types of programming as described below. Programming viewed on the Government Access Channel is categorized as follows:
1. Public Meeting Coverage
Regular Lancaster City Council meetings will be broadcast live, with rebroadcasts scheduled as appropriate. Other public meetings may also be aired.
2. City-Produced Programs
Content related to community issues, local sports programming, lifestyle programming, n ews (local updates and special features), live streaming/rebroadcasting city events, informational programing of local interest (e.g. city services), and city -sponsored programs produced by city staff. The City Manager reserves the right to select appropri ate programming as it relates to subject.
3. Pre-produced Programs
Content relating to government services, charitable organizations, or safety will be reviewed for broadcast suitability. Such content must align with the Channel's mission and city policies. Such programming will be screened by the City Manager for suitability and compliance with the policies and goals contained herein.
4. Emergency Message Programming
The Channel may be used to facilitate communications with residents during an emergency. In the event of an emergency situation, regularly scheduled programming on the Channel may be interrupted or cancelled in favor of an emergency override. Emergency broadcasts consist of live, taped, or text generated programming shown at any time as emergency situations dictate. The purpose of emergency programming will be to keep residents abreast of emergency situations, and to disseminate instructions relative to evacuation, detour and escape procedures. The content and scheduling of any emergency programming requires approval by the City Manager.
5. Other Programming
Other programming may be produced which does not fit into any existing program series. These programs will be considered “specials” and may be of any format.
Special programs will focus on special activities, events, services, and issues pertinent to the community.
6. Paid Programming
During the pilot period, there will be no charge for programming of 2 hours or fewer. During the pilot period, one qualifying submission will be aired each week on Sunday for a duration of no longer than 2 hours. Scheduling is on a first come- first served basis. During the pilot period, staff shall track the time and resources needed to implement the program. At the conclusion of the pilot program, the program will be reevaluated and reasonable fees determined. The program will sunset on September 26, 2024 unless renewed by Council action.
All third party programming will be preceded and/or concluded with a disclaimer stating:
"The following is third -party programming. Views expressed do not reflect those of the City of Lancaster, its officials, or staff."
6.0 Programming Requests
Internal and external users are eligible to request programming within the aforementioned scope of services. The City Manager is respons ible for making all programming decisions in accordance with this Policy. Because the Government Access Channel is not a “Public Access Channel”, programming that is outside the scope of the Channel’s mission and goals will not be aired. The City has the sole right to determine the content and schedule of programming on the Channel and to edit or deny content that may be deemed offensive, obscene, illegal, or otherwise inappropriate. a. Procedure for Placement of Information for External Users External users wishing to utilize the bulletin board service must submit a request for information to be placed on the Channel by submitting the completed application and digital message a reasonable time prior to the proposed airdate.
Requests must be submitted on the City -created application, available on the City’s website, and the message must comply with the production specifications outlined in the application. The City Manager’s Office will review the submission(s) for accuracy and completeness of information and to ensure that all content is in accordance with this Policy, if approved. The City Manager’s Office will schedule the message to air on the Channel. The date of input and the duration of the broadcast will be subject to staff availability and channel capacity. The programming will be aired once. Notwithstanding these procedures, emergency messages that affect residents’ health or safety may override other programming. b. Approval Authority
The City Manager, or his or her designee, has the right and authority to deny any program request when it is determined, following review of a complete application and message submission, that the programming and/or bulletin board message does not meet the criteria set forth in this Policy, the applicant fails to provide all required information, or the applicant fails to provide truthful information.
7.0 Program Eligibility
To be eligible for production or broadcasting, programming must comply with the City’s mission and goals for the Channel, as stated in this Policy, as well as meet all of the following criteria:
a. The programming shall relate to the programs, services, and deliberations of local government and organizations that provide services to, or events for, the residents of Lancaster. The programming shall relate to community issues and events.
b. The programming shall not express political views. The Channel shall not serve as a mechanism for building support for a particular policy, belief, viewpoint, or issue.
c. The programming shall not include slanderous, lewd, obscene, indecent, or violent material or language. When questions arise as to the admissibility of material or language in this regard, the material will be reviewed subject to federal, state, and/or local law.
d. The programming shall not include paid advertising material designed to promote the sale of commercial products or services, or any programming in which commercial appeals for funds are made. Grants for programming purposes shall not be considered as advertising. Paid advertising material includes, but is not limited to, advertising by or on behalf of a candidate for public office and paid messages for which the primary purpose is to promote a single service, product, trade, or business.
e. The programming shall not include copyrighted material, unless clearances for use have been obtained and written proof of such clearance is presented. f. The programming shall not include programming prohibited by applicable federal, state, or local laws.
g. The programming shall not include declared candidates for any elective public office and persons advocating any cause, viewpoint or policy, proposed or otherwise, except in a program or service where the format allows for all candidates or sides of an issue to be heard on an equal basis. A person is deemed to be a candidate for public office from the time that person takes out nomination papers for public office. Candidates for public office may appear on the Government Access Channel if the appearance of the candidate is (i) incidental to the presentation of the subject matter; (ii) in coverage of official city meetings such as City Council; (iii) as a participant in a ceremonial event; or (iv) as a participant in a City sponsored event.
h. Opinions expressed on the Channel may not necessarily reflect those of the City of Lancaster, the Lancaster City Council, or the City of Lancaster staff.
CITY OF LANCASTER
Channel 28 (L28)
Programming Application
Lancaster's Government Access Channel (Channel 28) provides a me ans of distributing information to residents concerning the programs, services, and deliberations of local government. The City offers programing to eligible system users as defined in Policy ___, Use of Government Access Channel. Programming outside the s cope of the Channel's mission and goals will not be aired. Requests to utilize the channel must be submitted to the City Manager's Office within a reasonable period prior to the proposed airdate. Requests must be submitted on this application with the digi tal media attached and must comply with the production specifications outlined in the Information Sheet.
REQUESTED BY
_________________________________________________ ____________________________________ Organization Name Contact Name
______________________________________________________________________________ Organization Address
_________________________________ _________ ____________________________________ City State Zip
_________________________________ __________________________________________________ Contact Number Email Address
CONTENT
_________________________________________________ ____________________________________ Title Sponsoring Organization
_________________________________________________ ____________________________________ Start Date Purpose
______________________________________________________________________________ _______
Description
By signing below, you are acknowledging: (1) you have read the Information Sheet, (2) understand the eligibility and programming requirements, and (3) understand the City has the sole right to determine the content and schedule of programming on the Channel and may edit or deny content that may be deemed offensive, obscene, illegal, or otherwise inappropriate.
_________________________________________________ ____________________________________ Signature Date
CITY OF LANCASTER
Channel 28 (L28)
Information Sheet
Goals of L28
The City of Lancaster’s Government Access Channel, L28, aims to:
1. Increase resident access to local government and community meetings through various mediums, including live coverage of local government meetings via cable television.
2. Provide public information regarding governmental programs, services, proj ects, and public safety in Lancaster.
3. Inform residents about community activities and promote upcoming community events.
4. Deliver information during local emergencies to assist and inform residents.
5. Provide access for nonprofit organizations on a pre-approved scheduled basis.
6. Ensure all programming remains non-partisan and a-political.
Submission of Programming Requests:
Both internal and external entities are welcome to request Programming services within the scope of services set by City Council policy. Applications are reviewed to ensure compliance with the City’s goals and policies. Approved content will be scheduled based on availability and relevance.
Guidelines for External Programming Requests:
1. Utilize the City’s designated application form for all programming requests.
2. A separate application is required for each unique message or programming request.
3. All content must align with the Channel’s non-partisan, a-political goals.
4. Requests for programming should be submitted a reasonable period before the proposed air-date.
5. Send completed applications and associated digital content to the specified staff contact.
6. Each piece of content will feature a disclaimer, to ensure transparency regarding sponsorship and viewpoint.
Eligible Users for Combined Service:
● City Departments and Divisions.
● Local Governmental and Educational Institutions.
● Economic Development Entities.
● Local Non-Profit Organizations and Service Clubs.
● Cultural, Historical, and Public Service Organizations within Lancaster.
Programming Eligibility Criteria:
● Relate to Lancaster’s community, government activities, and services. ● Non-partisan and a-political.
● Avoid lewd, indecent, or violent material, in compliance with laws. ● Exclude direct commercial advertising outside of designated paid p rogramming. ● Comply with copyright laws and provide necessary clearances. ● Ensure equal opportunity in political or policy-related content.
Disclaimer for External Programming: All content is subject to review and approval by the City Manager's Office. A standard disclaimer will be added to external programming stating: "The following is third-party programming. Views expressed do not reflect those of the City of Lancaster, its officials, or staff." For additional information and to submit your request, please visit the City of Lancaster website or contact the City Manager's Office directly.
STAFF REPORT
City of Lancaster
NB 1
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From: Allison E. Burns, City Attorney
Larissa De La Cruz, Director - Community Development
Subject:Amendment to Title 12 of the Lancaster Municipal Code relating to the Distribution of Food
Recommendation:
Introduce Ordinance No. , amending Title 12 (Streets, Sidewalks, and Public Places) of the Lancaster Municipal Code by adding Chapter 12.28 (Food Distribution), relating to the distribution of food.
Fiscal Impact:
The fiscal impact will be negligible. City facilities identified as “Facilitated Locations” will be used during non-operational hours and will not impact any scheduling of any other City or paid special event.
Background:
During the December 10, 2019, City Council meeting, the Council heard a proposed ordinance that prohibited food distribution from being conducted on a public street, sidewalk, parking lot or any other public property. The purpose of the ordinance was to mitigate concerns related to unsafe handling of food, vehicular and pedestrian obstructions in the public right of way, lack of compliance with safe and sanitary food handling, and trash left behind from food distribution events.
This proposed and revised ordinance aims to address these same concerns while taking a collaborative approach that ensures compassion is included in the decision-making process. As part of this approach, a committee comprised of community stakeholders representing various segments of the community were consulted to ensure that the proposed ordinance was practical and achievable.
The proposed ordinance identifies a streamlined approach to address and adequately manage food distribution events, including grocery and meal distribution. A list of City-owned facilities will be 1 5
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identified as “Facilitated Public Locations” that can accommodate the water and sanitation requirements established in state food safety laws and regulations and will also be free of charge unless a user fails to comply with the guidelines or code. Additional services and/or resources related to assisting those in need, including transitional families, will also be made available whenever possible. The use of any public facility other than a Facilitated Public Location would require a Special Event and Facility Rental permit.
Food distribution events on private property will require review and approval by the City to ensure compliance with applicable health and safety requirements and to ensure traffic impacts are avoided. Private locations that have obtained a permit can volunteer to allow other organizations to provide food distribution events at their location.
Staff also prepared Food Distribution Guidelines that will provide a roadmap for organizations who wish to conduct a food distribution event. The guidelines are meant to provide an overview of the process and submittal requirements; the guidelines will be a living document and may be updated at the staff level whenever necessary.
City staff believes that the regulations set forth will allow food distribution operators to engage in meaningful distribution activity in the City while protecting public health, safety and welfare.
AB/LD/hb
Attachments:
Ordinance No.
Food Distribution Guidelines
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING TITLE 12 (STREETS, SIDEWALKS
AND PUBLIC PLACES) OF THE LANCASTER MUNICIPAL
CODE BY ADDING CHAPTER 12.28 (FOOD DISTRIBUTION),
RELATING TO THE DISTRIBUTION OF FOOD
WHEREAS, the City Council of the City of Lancaster takes notice that Los Angeles County, the City of Lancaster, and other public and private entities are developing strategies to achieve long-term solutions to food insecurity; and
WHEREAS, the City Council believes that providing constructive compassion with long- term services related to housing and employment will achieve more effective results in addressing food insecurity than offering only stop-gap measures such as stand-alone food distributions on public property; and
WHEREAS, the City Council believes that it is in the public interest that persons wishing to provide meals to needy persons do so with cooperative compassion that links such meal service to other social services, thus aiding in providing a continuum of care to help food insecure individuals and families; and
WHEREAS, the City Council believes that food distribution must be done with comprehensive compassion, considering the needs of the entire community including children.
Improperly managed food distribution events may obstruct the free flow of pedestrian and vehicle traffic which poses a safety hazard, and results in garbage and trash left behind following the distribution which causes a health hazard and visual blight; and prioritizes access to public areas and promotes safety for our youngest citizens.
WHEREAS, the City Council further finds that improperly managed food distribution events often fail to comply with statewide standards concerning preparing and serving food to the public, and further conduct these events in locations that do not have adequate access to clean water, waste disposal and bathroom facilities, which poses significant health and safety hazards to the persons being served as well as the public at large.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.
Section 2: Chapter 12.28 of the Lancaster Municipal Code is hereby added as follows:
12.28.010 Title.
This chapter shall be known as the city of Lancaster’s Food Distribution ordinance.
12.28.020 Findings and purpose.
The City Council finds and declares as follows:
A. It is in the public interest that persons wishing to provide meals to food insecure individuals and families link such meal service to other social services, thus aiding in providing a continuum of care intended to help food insecure individuals and families.
Ordinance No. 1071
B. Improperly managed food distribution events on sidewalks and other property may obstruct the free flow of pedestrian and vehicle traffic which poses a safety hazard, and result in garbage and trash left behind following the event which causes a health hazard and visual blight.
C. Improperly managed food distribution events often fail to comply with statewide standards concerning preparing and serving food to the public, and further conduct these events in locations that do not have adequate access to clean water, waste disposal and bathroom facilities, which poses significant health and safety hazards to the persons being served as well as the public at large.
D. It is the intent and purpose of the city council, through the adoption of this ordinance, to encourage individuals, nonprofit charitable organizations and other agencies who wish to distribute free meals to needy people to participate in programs which provide meals in conjunction with other services. The city council finds and declares that doing so will protect the health, safety and general welfare of the persons being provided meals as well as the public at large.
12.28.030 Definitions
As used in this chapter, the following words and phrases have the meanings set forth below:
“City Manager” means the City Manager of the city of Lancaster, or his or her designee. “Code” means the Lancaster Municipal Code.
“Facilitated public location” means the locations identified by the City Manager in writing from time to time. The list of facilitated public locations shall be posted on the City’s website. "Food distribution guidelines” means the guidelines promulgated by the city manager from time to time to implement this Chapter. The food distribution guidelines shall be posted on the City’s website.
“Food distribution event” means a meal distribution event and/or grocery distribution event. “Person in good standing” means a person who has not previously failed to (i) dispose of all trash and debris generated by a food distribution event; and (ii) comply with the provisions of this Chapter, within the twelve (12) months preceding the submission of an application to conduct a food distribution event.
“Grocery distribution event” means the distribution of grocery items to 10 or more members of the public, without charge.
“Meal distribution event” means the distribution, preparation, serving, and/or dispensing of prepared meals to 10 or more members of the public, without charge. “Person” means and includes an individual, corporation, limited liability company, partnership, nonprofit charitable organization and/or other entity.
12.28.040 Food distribution event on public property; nuisance.
A. Excluding only facilitated public locations, no person shall conduct a food distribution event on a public street, sidewalk, parking lot or other public property.
Ordinance No. 1071
B. Notwithstanding subsection A of this section, a person who desires use space in a public park (that is not a facilitated public location) for the primary purpose of conducting a food distribution event may do so, provided, however, that such person must comply with the following:
1. Submit a facility rental application and the applicable fee, and comply with all requirements set forth in the facility rental contract; the portion of the park requested to be used must be able to accommodate the water and sanitation requirements established in applicable food safety laws, regulations, and requirements;
2. For a meal distribution event, obtain and provide evidence of a valid permit from the Los Angeles County Department of Health (Environmental Division), and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter 10.5, “Nonprofit Charitable Temporary Food Facilities;”
3. For a grocery distribution event, provide (i) a traffic circulation plan approved by the City Engineer; (ii) provide staffing and traffic control devices consistent with such traffic circulation plan; and (iii) obtain an encroachment permit.
4. Such additional information, materials or plans as the city manager may determine from time to time.
5. At the conclusion of the food distribution event, dispose of all trash and debris generated by the event.
12.28.041 Food Distribution event at a Facilitated Public Location A. A person who desires to use a facilitated public location for the primary purpose of conducting a food distribution event may do so, provided, however, that such person must comply with the following:
1. Submit a food distribution event application and comply with all requirements set forth in the food distribution guidelines;
2. Food distribution events must comply with the Los Angeles County Department of Health (Environmental Division), and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter 10.5, “Nonprofit Charitable Temporary Food Facilities;”
3. If the applicant is not a person in good standing, pay the applicable fee for use of the facilitated public location.
4. Comply with the City’s traffic circulation plan for the facilitated public location and provide staffing and traffic control devices consistent with such traffic circulation plan.
5. At the conclusion of the food distribution event, dispose of all trash and debris generated by the event.
B. The use of each facilitated public location will be approved on a first-come, first- served basis and giving first priority to the City’s scheduled use of such facilitated public location.
Ordinance No. 1071
12.28.042 Food Distribution event on private property
A. A person who desires to conduct a food distribution event on private property shall comply with Chapter 9.40 of this code and such person must also comply with the following:
1. Submit a food distribution event application and comply with all requirements set forth in the food distribution guidelines.
2. Food distribution events must comply with the Los Angeles County Department of Health (Environmental Division), and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter 10.5, “Nonprofit Charitable Temporary Food Facilities.”
3. For a grocery distribution event, provide (i) a traffic circulation plan consistent with current City guidelines approved by the City Engineer; (ii) provide staffing and traffic control devices consistent with such traffic circulation plan; and (iii) obtain an encroachment permit.
12.28.050 Administration and Enforcement.
A. The use of any property to conduct a food distribution event that does not comport with the provisions of this chapter constitutes a public nuisance subject to abatement.
B. This chapter does not apply to food vendors or other food providers who have contracted with or are otherwise authorized by the City, Los Angeles County, or other public agency or authority to sell or provide food in conjunction with a City-sponsored event, farmer’s market, County/agency/authority-sponsored event, or other similar event.
C. The City Manager is hereby authorized to enforce, and to designate in writing the City employees or contractors who are authorized to assist in the enforcement of, the provisions of this chapter. The City Manager shall have the authority to promulgate and/or adopt guidelines and/or regulations to implement the provisions of this chapter. The City Manager shall have the authority to waive any fees and/or requirements of this chapter for any event regulated hereunder that is sponsored or co-sponsored by the City or any other public agency.
12.28.060 Violations; penalties; remedies not exclusive.
A. It is unlawful for any person to violate any provision or fail to comply with any requirement of this chapter. Each day or portion thereof that a violation occurs or is present constitutes a separate offense. Any person in violation of this chapter is subject to the penalty and enforcement provisions set forth in chapters 1.12, 1.16 and 8.28 of this code.
B. An administrative citation pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate an unlawful nuisance food distribution event. A civil or criminal action may be brought concurrently with any other process regarding the same violation.
Ordinance No. 1071
12.28.070 Severability
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.
Section 3. That the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law.
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the ___day of ___, 2024, and placed upon its second reading and adoption at a regular meeting of the City Council on the ______ day of , 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
Ordinance No. 1071
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, , City of Lancaster,
California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1071, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this day of , .
(seal)
Food Distribution Guidelines, 2024
FOOD DISTRIBUTION GUIDELINES
The following guidelines shall apply for all food distribution events within the City of Lancaster Per LMC Section XXXXX.
1. EVENTS AT FACILITATED PUBLIC LOCATIONS
The following locations shall serve as appropriate and pre-approved locations to conduct food distribution events, based on availability and on a first come first serve basis to be scheduled not more than six (6) months in advance, and locations are subject to change. There is no added cost to use these locations if applicants have a good standing status**.
•Lancaster Municipal Stadium
45116 Valley Center
Lancaster, CA 93536
•Lancaster Community Center
44611 Yucca Ave.
Lancaster, CA 93534
•LA County Courthouse (pending approval)
42011 4th St West
Lancaster, CA 93534
SUBMITTAL REQUIREMENTS
Submit a Food Distribution Event Application to the City of Lancaster PARCS Department identifying the following information:
•Indicate the type of event(s) (Grocery distribution or meal distribution) •Provide a detailed event description should be submitted describing all aspects of the event including logistics, schedule of events, and any other relevant information
•Comply with the traffic circulation plan provided by the City for the Facilitated Public Location, following all travel patterns for vehicles and pedestrians, and using designated vehicle queuing areas during grocery distribution events. •Indicate if there are other services, vendors or partners attending the event •Indicate the areas where trash will be collected (for meal distribution) Food Distribution Guidelines, 2024
2. EVENTS AT OTHER PUBLIC LOCATIONS
To use any public facility that’s not listed above, an applicant shall apply and pay for a Facility Rental AND Special Events Application prior to conducting any food distribution event. The links are below:
Facility Rental: https://www.cityoflancasterca.org/our-city/departments-services/parks- recreation-arts/parks-and-facilities/facility-rentals
Special Event Permit Application: https://www.cityoflancasterca.org/our- city/departments-services/parks-recreation-arts/special-events
3. EVENTS ON PRIVATE PROPERTY
Submit a Food Distribution Event Application to the City of Lancaster PARCS Department identifying the following information:
•Indicate the type of event or series of scheduled events (Grocery distribution and/or meal distribution)
•Provide a detailed event description describing all aspects of the event, including logistics, schedule of events, event frequency, and any other relevant information •Provide a traffic circulation plan indicating all travel patterns for vehicles and pedestrians, including vehicle queuing areas during grocery distribution events. **Please note this plan must be approved by the City Engineer prior to the event; an Encroachment Permit may be required; and any temporary traffic control devices and services required (onsite and/or within City right-of-way) shall not be provided by the City.
•Indicate if there are other services, vendors or partners attending the event •Indicate the areas where trash will be collected (for meal distribution) •All events must comply with the requirements the Los Angeles County Department of Health (Environmental Division) and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter
10.5, “Nonprofit Charitable Temporary Food Facilities.” •A permit for food distribution event(s) on private property will be issued for a one year term and, so long as the operator remains a person good standing (per LMC
12.28.030), the permit will automatically renew from year to year. •If approved traffic circulation plan includes encroachment within the City right- of-way, an Encroachment Permit will be required for each event regardless of annual Food Distribution Event Permit status.
Food Distribution Guidelines, 2024
4. EVENTS ON PRE-APPROVED PRIVATE PROPERTY
The following location(s) have obtained a food distribution event permit and their owner(s) have offered to make these locations available for use by organizations or individuals who want to put on food distribution events.
The City provides the below contact details for information only and does not guarantee or warrantee the locations’ availability or suitability for any particular food distribution event.
[CONTACT INFORMATION TO BE INSERTED AFTER PERMITS ISSUE] **GOOD STANDING STATUS (LMC § 12.28.030)
oApplicants who are in good standing may continue to use facilitated public locations whenever they are available, however, applicants who violate these guidelines or the requirements of the LMC and/or create a nuisance will no longer have complimentary access to Facilitated Public Locations and will be required to comply with the requirements for Events at Other Public Locations, noted above.
STAFF REPORT
City of Lancaster
NB 2
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director - Community Development Patti Garibay, Assistant Director – CD Planning & Permitting Subject: Ordinance Reducing Minimum Floor Area of Efficiency Units in Limited Circumstances
Recommendation:
Introduce Ordinance No. , authorizing, under California Health and Safety Code section 17958.1, a minimum floor area of 150 square feet for efficiency units that meet certain requirements to facilitate Project Homekey units.
Fiscal Impact:
None.
Background:
Project Homekey is a state-run program to convert hotel and motel rooms and other existing buildings to permanent supportive housing for unhoused persons. These converted hotel and motel rooms are intended to qualify as “efficiency units,” as that term is defined under California Health and Safety Code section 17958.1(b).
State law authorizes the City to reduce the minimum floor area of an efficiency unit to as low as 150 square feet. (Health & Saf. Code § 17958.1(a).) The City desires to exercise its authority under this section to set the minimum floor area for the efficiency units to 150 square feet, inclusive of any partial kitchen, closet, or bathroom facilities, in certain limited circumstances to facilitate Project Homekey.
The reduced minimum floor area only applies to an efficiency unit that: (1) is created by converting an existing guest room that was legally established as part of a hotel or motel commercial use before January 1, 1960; and (2) is used only for permanent supportive housing, as acknowledged by a recorded restrictive covenant in a form acceptable to the City and approved by the City Attorney.
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WB/sm
Attachment:
Ordinance No.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LANCASTER, CALIFORNIA, REDUCING THE
MINIMUM FLOOR AREA OF EFFICIENCY UNITS
CONSISTENT WITH CALIFORNIA HEALTH AND
SAFETY CODE SECTION 17958.1; AND FINDING THE
ACTION TO BE EXEMPT FROM CEQA
WHEREAS, Project Homekey is a state-run program to convert hotel and motel rooms and other spaces in existing bu ildings to permanent supportive housing for unhoused persons; and
WHEREAS, these converted hotel and motel rooms are intended to qualify as “efficiency units,” as that term is defined under California Health and Safety Code section 17958.1(b); and WHEREAS, the City wishes to ensure that hotel and motel rooms that are converted as part of Project Homekey meet minimum floor area requirements; and WHEREAS, Health and Safety Code section 17958.1(a) authorizes the City to act by ordinance to reduce the minimum floor area of efficiency units for occupancy by no more than two persons to as little as 150 square feet.
THE C ITY COUNCIL OF T HE CITY OF LANCASTER, C ALIFORNIA, DOE S HE REBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.
Section 2. Section 15.08.020 is hereby added to Chapter 15 of the Lancaster Municipal Code as follows:
15.08.020 Efficiency Units
A. In the limited circumstances set forth in Section 15.08.020.B below, the minimum floor area for an efficiency unit for occupancy by no more than two persons is 150 square feet, inclusive of any partial kitchen, closet, or bathroom facilities that it may have.
B. The reduced minimum floor area set forth in Section 1 5.08.020. A only applies to an efficiency unit that: ( 1) is created by converting an existing guest room that was legally established as part of a hotel or motel commercial use before January 1, 1960; and (2) is used only for permanent supportive housing, as acknowledged by a recorded restrictive covenant in a form acceptable to the City and approved by the City Attorney.
Section 3. Effective Date. T his ordinance takes effect 30 days after its adoption.
ORDINANCE NO.
PAGE 2
Section 4. Posting. The City Clerk is herbey directed to certify to the passage of this ordinance and cause it to be published according to legal requirements.
ORDINANCE NO.
PAGE 3
I, _________________, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of ___________, 2024, and placed upon its second reading and adoption at a regular meeting of the City Council on the ______day of __________, 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
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, __________________________, ___________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. ______, 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)
STAFF REPORT
City of Lancaster
NB 3
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Trolis Niebla, Assistant City Manager
Allison Burns, City Attorney
George Harris, Director of Finance/IT
Subject:Approve a Joint Use and Irrevocable License Agreement with the Antelope Valley Fairgrounds Authority for the Construction and Use of the Multi- Agency Regional Resiliency Center (MARRC)
Recommendations:
1. Approve a Joint Use and Irrevocable License Agreement with the Antelope Valley Fairgrounds Authority for the Construction and Use of the Multi-Agency Regional Resiliency Center (MARRC)
2. Authorize the City Manager to execute the Joint Use and Irrevocable License Agreement with the Antelope Valley Fairgrounds Authority and the contribution of construction costs to support the project for an additional not to exceed amount of $50 million, contingent on the successful issuance of Lancaster Finance Authority Lease Revenue Bonds and other identified contingencies set forth in the Joint Use and Irrevocable License Agreement Fiscal Impact:
Upon the issuance of Lease Revenue bonds by the Lancaster Finance Authority and the satisfaction of other identified contingencies set forth in the Joint Use and Irrevocable License Agreement, the City will provide an additional amount not-to-exceed $50 Million towards the construction of the MARRC. The City has an existing agreement to contribute a total of $6.5 Million to fund conceptual design, and all final architectural and engineering design work needed to complete the project. The final annual obligation of debt service of the Lease Revenue Bonds will be the responsibility of the City. The annual amount of the debt service is to be determined based on the calculation of final issuance costs and finance rates and terms (currently estimated to be between $3-$4 Million). Subsequent Council actions will be presented as required to issue the Lease Revenue Bonds.
Background:
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In 2021, the City of Lancaster began evaluating sites best suited for the Event Center and Regional Evacuation Center. The existing 135-acre Antelope Valley Fairgrounds is uniquely setup for expansion, and already offers heating, cooling, and some protection from the elements (for humans and livestock); large-scale parking accommodations, on-site maintenance facility with equipment, and sufficient infrastructure for electrical, water, broadband, Wi-Fi, full on-site hook-ups for RV’s and office trailers, existing restrooms and showers adjacent; helipad, four (4) onsite kitchen facilities, refrigerated storage, and the framework for its own micro-grid. The Fairgrounds is also a fenced and secured facility with controlled access points. It is an ideal location for sheltering and the only place in the AV suitable to accommodate large quantities of people. The facility is currently set-up 365 days a year as a large animal evacuation center and currently is in use multiple times a year. Identified as the Multi-Agency Regional Resiliency Center, or MARRC, the location will support the development of a fully functioning, large scale, off the grid, resilient, emergency and incident support campus at the Antelope Valley Fairgrounds, AV Fair and Event Center.
In February 2022, the City of Lancaster entered into a Memorandum of Understanding (MOU) with the Antelope Valley Fair Authority (AV Fair Authority) to loan funds to the project; concurrently, the AV Fair Authority executed an Individual Project Agreement (IPA) with the California Construction Authority (CCA) for Project Management and Design services. The City of Lancaster has committed over $6.5 Million for design of the project.
The CCA has completed a facility needs assessment, 100% conceptual design, added a second building to house the Emergency Operations Center & Assembly Hall, and awarded a contract for final design and the preparation of Construction Documents. Currently, CCA is approaching completion of the final design and advertising the Request for Bids will begin this month.
Final design and permitting are expected to be complete in early 2024 with construction completed and move-in in Fall 2025. Construction is estimated at approximately $90 Million.
To cover these costs, the City of Lancaster, the Authority, Antelope Valley Union High School District (AVUSD), City of Palmdale (Palmdale), County of Los Angeles, and the State of California Department of Food and Agriculture (CDFA) are partnering to pool resources to get the MARRC built and operational. Other agencies have showed interest in assisting with the costs as well.
In June 2023, the Antelope Valley Fair Authority received a $20.5 million grant from the California Department of Food and Agriculture (CDFA) Fairs and Expositions Branch for MARRC improvements. On November 2, 2023 Palmdale and the Antelope Valley Fairgrounds Authority entered into an agreement whereby Palmdale committed to contribute a total of $10 Million to the project. Formal actions are pending regarding the County of Los Angeles and other agencies. It is expected that an additional $10-$30 Million will be contributed by other agencies.
Analysis:
With the assistance of the other participating agencies, the remaining contribution to the project from the City of Lancaster is set at a not-to-exceed amount of $50 Million. The source of the funds is a proposed Lease Revenue Bond financing issued by the Lancaster Financing Authority, with the source of the debt service payments being a general obligation of the City of Lancaster General Fund. The issuance of the Lease Revenue Bonds is targeted to take place in the July 2024 timeframe, making funds available for construction to begin in August 2024. 1 5
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Attached is the proposed Joint Use and Irrevocable License Agreement by and between the City of Lancaster and the Antelope Valley Fairgrounds Authority, which outlines the terms of the use agreement for the City of Lancaster (City) resulting from its investment in the project. As outlined in the agreement, the City’s contribution is contingent on a number of items to include but not limited to: the issuance of the Lease Revenue Bonds, and the Authority’s ability to raise all funds required to fully construct the project.
The remaining timeline includes Council adoption of the Lease Revenue Bonds documents, which is expected to be presented in June 2024.
Attachment:
Joint Use and Irrevocable License Agreement by and between the City of Lancaster and the Antelope Valley Fairgrounds Authority
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Allison E. Burns, Esq.
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
[Space above for recorder.]
JOINT USE AND IRREVOCABLE LICENSE AGREEMENT
This JOINT USE AND IRREVOCABLE LICENSE AGREEMENT (this "Agreement") dated, for identification purposes only, as of March 26, 2024, is made and entered into by and between ANTELOPE VALLEY FAIRGROUNDS AUTHORITY, a California joint powers authority (together with its successors and assigns, the "Authority"), and CITY OF LANCASTER, a California municipal corporation and charter city (the "City", and collectively with the Authority, the "Parties", or each individually, a "Party").
RECITALS:
A. Authority has operational responsibility for those certain parcels of land (collectively, the "Authority Parcels") owned in fee by ground lessor, the 50th District Agricultural Association, a division of the State of California (the "50th District"), more particularly described in Exhibit A attached hereto and incorporated herein by reference, which land is located in the City of Lancaster, County of Los Angeles, State of California.
B. The Authority intends to rehabilitate an existing 6,000 square foot building into a 7,500 square foot community kitchen, and construct, without limitation, a 140,000 square foot event center, 26,000 square foot auditorium, and emergency operations center (collectively, the “Community Facilities”) on the Authority Parcels, to be constructed by the Authority (the "Authority Project") in accordance with the plans identified on Exhibit B hereto and incorporated by this reference (the “Plans”) and depicted on the site map (the "Site Map") attached hereto as Exhibit C and incorporated by this reference.
C. Contingent upon the issuance of certain financing instruments as described herein, in reliance on the promises made herein, and pursuant to the terms hereof, the City agrees to fund up to $50,000,000 of the construction costs of the Authority Project (the “City Contribution”).
D. The Parties expect contributions to the Authority Project from other agencies, including, but not limited to, grant funds from the California Department of Food and Agriculture, funds from the City of Palmdale (“Palmdale”), funds from Antelope Valley Union High School District (“AVUSD”), funds from Los Angeles County (“County”), and funds from Antelope Valley East Kern Water Agency (“AVEK”).
E. Subject to the terms and conditions hereof, the Authority and the City desire to enter into this Agreement to: (1) establish certain rights of the City and City Residents to use the Community Facilities (the “City Community Facilities Use Rights”) and (2) memorialize the Authority’s grant of irrevocable and perpetual licenses to the City to facilitate the City’s exercise of the City Community Facilities Use Rights (the “Irrevocable Licenses”). 2 4872-0404-6763v8/022283-0548
NOW, THEREFORE, for and in consideration of the promises, the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto do hereby agree as follows:
1. Incorporation of Recitals; Definitions. The foregoing recitals are incorporated by reference as if fully set forth herein and shall be deemed conclusive as between the Authority and City. Any capitalized terms not otherwise defined herein shall have the following meanings:
"City Residents" shall mean residents of the City of Lancaster. “Contributing Agencies” means and includes public agencies who request use of the Authority Project in exchange for a commensurate financial contribution toward the costs of the design and construction of the Project. The Parties anticipate that Palmdale, AVUSD, County and AVEK will become Contributing Agencies.
“Emergency” means and includes, but is not limited to, natural disaster, pandemic, declared state of emergency or other imminent threat to human life or safety. “Facility Overhead Charge” means the fee(s) Authority shall charge to users of all or a portion of the Community Facilities and remit to the City on a monthly basis. "Fair Events" means the Antelope Valley Fair (generally spanning three weeks for setup, operation, and tear-down in late September of each year); (ii) the Poppy Festival (generally spanning three weeks for setup, operation, and tear-down in late April of each year). "Official Records" shall mean the official records of the County of Los Angeles, State of California.
"Permittees" shall mean the City, and its employees, agents, contractors, customers, invitees and licensees.
“Third Party User” shall mean a person or organization other than the City, Permittees, Authority, or AVUSD using the Community Facilities in a non-Emergency.
2. Construction. Authority shall cause the construction of the Community Facilities in accordance with the Plans, pursuant to (i) the Schedule of Performance attached hereto as Exhibit D and incorporated herein by this reference, and (ii) the Budget attached hereto as Exhibit E and incorporated herein by this reference. Authority shall not execute any change order without prior written consent of the City. Authority shall ensure that construction of the Community Facilities is performed in a good and workmanlike manner.
3. Joint Use. The Parties have entered into this Agreement to establish the priority of use of the Community Facilities by the Parties and the Contributing Agencies.
A. Priority of Use. The Authority shall operate the Community Facilities in accordance with the following priority of use:
(i) First priority use: Emergency shelter and operation uses by the City, City residents, and Contributing Agencies in the event of Emergency. 3 4872-0404-6763v8/022283-0548
(ii) Second priority use: use by the City or its Permittees, subject to Fair Events;
(iii) Third priority use: use by AVUSD, subject to Fair Events; (iv) Fourth priority use: use by Authority other than Fair Events; and
(v) Fifth priority use: use by Third Party Users on a first-come, first served basis, subject to availability and subject to a rate schedule established pursuant to Section 3.E(ii) hereof.
B. Operations. The City’s use of the Community Facilities shall be free of charge. Notwithstanding the foregoing, the City shall reimburse the Authority for its actual and reasonable cost to provide Authority staff or Authority equipment for the City’s use. Authority shall at all times provide City with keys, access codes and/or other access methods necessary to allow City and its Permittees to access, use, operate and enjoy the Community Facilities. City shall be responsible to repair or replace any portion of the Community Facilities damaged, destroyed, or removed (collectively “Damage”) by City or its Permittees within thirty (30) days of City’s receipt of written notice of Damage from Authority. The Authority understands that the City plans to fund the City Contribution from the proceeds of tax-exempt municipal bonds (the “City Bonds”). The Authority will operate the Authority Project in a manner at all times that will preserve the tax- exemption of the City Bonds and agrees to consult with the City and its bond counsel in connection with the entering into of any management contracts, leases or uses not explicitly set forth in this Agreement.
C. Scheduling. No later than the first day of January and the first day of July of each year, Authority shall request from City and AVUSD their respective schedule of events proposed to be conducted at the Community Facilities for the next succeeding year. City shall provide to the Authority (i) its schedule of events to be conducted at the Community Facilities for the period of July 1 through December 31 no later than January 30 of such year and (ii) its schedule of events to be conducted at the Community Facilities for the period of January 1 through June 30 of the next succeeding year no later than July 31 of each year. Authority shall schedule the use of the Community Facilities in accordance with the priority of use set forth in Section 3.A., above. The City and Authority agree to meet and confer in good faith with each other and AVUSD on a bimonthly basis to coordinate schedules and to resolve any scheduling conflicts.
D. Rules. The Authority shall have the right to establish and, from time to time, amend, reasonable nondiscriminatory rules and regulations for the Community Facilities, including, but not limited to, the control of entry to the Community Facilities, the rates and charges for use of the Community Facilities by members of the public (collectively, the "Rules"); provided, however, the Rules shall be subject to the consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The Rules shall apply equally to the Authority, the City the Contributing Agencies.
E. Third Party Use. Authority shall require all Third Party Users of the Community Facilities to comply with the following:
(i) Insurance. Authority shall require all Third Party Users to provide insurance in accordance with Section 10 hereof. 4 4872-0404-6763v8/022283-0548
(ii) Fees. Authority shall establish a written schedule of fees and charges for use of the Community Facilities (and portions thereof). Such fees and charges shall be approved in writing by the City before taking effect and shall include Facility Overhead Charge(s) approved by the City. The Authority shall remit the Facility Overhead Charges collected each month to the City within thirty (30) days after the last day of each month. Neither AVUSD nor Contributing Agencies shall be required to pay Facility Overhead Charge(s).
4. City Contribution. In reliance on the promises made herein, the City hereby agrees to make the City Contribution contingent upon the following: (i) the issuance of the City’s Bonds; (ii) the execution of a guaranteed maximum price contract or fixed price contract for construction of the Authority Project (iii) evidence satisfactory to the City that the Contributing Agencies have already or will make sufficient contributions in a timely manner to allow completion of the Authority Project, (iv) evidence satisfactory to the City that the contributions from the Contributing Agencies are sufficient to complete the Authority Project as approved by the City, (v) evidence that all regulatory approvals and entitlements for the Authority Project have been obtained, (vi) provision of all agreements, opinions and certifications from the Authority and the Contributing Agencies as reasonably requested by the City and its bond counsel in connection with the issuance of the City Bonds..
5. Community Facilities Maintenance. The Authority shall be responsible at its cost at all times to keep and maintain the Community Facilities in good condition and repair, reasonable wear and tear excepted.
6. Community Facilities Irrevocable License. The Authority hereby grants, establishes, covenants and conveys to the City and its successors and assigns, a nonexclusive, irrevocable, and perpetual license to use and enjoy the Community Facilities (“Community Facilities Irrevocable License”), subject to the terms and conditions in this Agreement and the Rules. The City shall not be assessed any fee for the use and enjoyment of the Community Facilities pursuant to this Agreement and the Community Facilities Irrevocable License. The Community Facilities Irrevocable License shall be an encumbrance against the Community Facilities and binding upon the Authority and its successors and assigns. The Authority’s transfer of the Community Facilities shall not effect a termination of the Community Facilities Irrevocable License. As stated in this Section 6, the Community Facilities Irrevocable License is perpetual. In no event will the Communities Facilities Irrevocable License be subject to termination, revocation or any further limitation except as expressly provided herein.
7. Access Irrevocable License. The Authority hereby grants, establishes, covenants and conveys to the City, and its respective successors and assigns, a nonexclusive, irrevocable, and perpetual license and right of way, across, over and upon all driveways, streets and walkways located on the Authority Parcels under the operational control of the Authority (the “Access Irrevocable License”). The City shall be allowed to use the Access Irrevocable License to provide access to, and to be used in connection with the City’s use and enjoyment of the Community Facilities and the Community Facilities Irrevocable License as provided herein. The Access Irrevocable License shall be binding upon the Authority and its successors and assigns. The Authority’s transfer of the Community Facilities shall not effect a termination of the Access Irrevocable License. As stated in this Section 7, the Access Irrevocable License is perpetual. In no event will the license be subject to termination, revocation or any further limitation except as expressly provided herein.
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8. Standards of Performance; Relationship Between City and Authority. The Authority accepts the relationship of trust and confidence established between the City and the Authority by the terms of this Agreement. The Authority covenants with the City to furnish its best skill and judgment in performing its obligations hereunder, and shall at all times exercise its rights and perform its duties under this Agreement in a manner which maintains the good name and business reputation of the City. The Authority shall perform its duties and obligations under this Agreement in an efficient, expeditious, prudent and economical manner, consistent with the best interests of the City, in accordance with industry standards.
9. Term. This Agreement shall remain in full force and effect until the later of December 31, 2055, or the term of the City Bonds.
10. Insurance.
A. The Authority, 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 $2,000,000
Per Project General Aggregate $5,000,000
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 $5,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies) Professional Liability
Each Occurrence $5,000,000
Provide one of the following for cyber-related services Technology Professional Liability
(Errors and Omissions)
Each Occurrence $5,000,000
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(Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Authority pursuant to this Agreement and shall include, without limitation, claims involving invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as any applicable regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.) Or
Cyber Liability Insurance
Each Occurrence $5,000,000
Property Insurance [upon issuance of certificate of occupancy] Building Property Limit $119,769,562
B. The Authority’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 and/or cyber 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 Authority for all claims made by the City insured entities arising out of any acts or omissions of Authority 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 Authority's insurance and shall not contribute with it.
F. Authority shall furnish the City with Certificates of Insurance and with 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:
Joint Use Agreement
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:
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The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.
11. Books and Records. The Authority shall keep full and accurate books of account and such other records as are necessary to reflect the results of operating the Community Facilities and other activities under this Agreement. For this purpose, the Authority agrees it will make available to the City, or its authorized agents, auditors, or representatives, all books and records in the Authority’s possession relating to the Community Facilities and other activities under this Agreement. All books and records for operation of the Community Facilities and other activities under this Agreement shall be located either at the Community Facilities or at the Authority’s corporate office. All accounting records shall be maintained in accordance with generally accepted accounting principles. All such books, records, and reports shall be maintained separately from other facilities operated by the Authority. The Authority agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Community Facilities and other activities under this Agreement. The Authority shall deliver to the City all of the financial and accounting books and records relating to the Community Facilities and other activities under this Agreement upon the expiration or earlier termination of this Agreement, and the City shall have the right to inspect and audit such books and records during such period as provided in Section 12 below.
12. Inspection. Upon seven (7) days prior written notice to the Authority, which notice shall set forth the date and time that the City desires to inspect the books and records, the City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, deposit receipts, canceled checks, and other accounting and financial information maintained by the Authority in connection with the operation of the Community Facilities and other activities under this Agreement. All such books and records shall be made available to the City at the Community Facilities, unless the City and the Authority agree upon another location. The City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records relating to the Community Facilities and other activities under this Agreement on an annual basis. The inspection right of City under this Section 12 shall remain in effect for a period of one (1) year following the termination or expiration of this Agreement.
13. Delinquencies. In the event the Authority is delinquent for a period of thirty (30) days or more in paying to the City any sums payable pursuant to this Agreement, including, without limitation, the Facility Overhead Charge, the City shall be entitled to collect from the Authority interest thereon, from the date such sum was due and payable until paid, at the rate of ten percent (10%) per annum or at the then maximum lawful rate of interest per annum, whichever is less, plus the reasonable attorney’s fees incurred by the City in the collection of such delinquency. Receipt of such interest or attorney’s fees by the City shall not bar the exercise of any other remedy available to the City on account of such delinquency.
14. Damage or Destruction; Eminent Domain; Force Majeure Events.
A. Damage or Destruction. Should the Community Facilities be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, the Authority, by written notice to the City given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement on the basis that the Authority does not choose to rebuild or restore the Community Facilities, and in such event City shall be entitled to receive all insurance proceeds for the Community Facilities, after which payment neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this 8 4872-0404-6763v8/022283-0548
Section 14, the Community Facilities shall be deemed to have been substantially damaged if the estimated length of time required to restore the Community Facilities substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of twelve (12) months, as indicated by an architect’s certificate or other evidence reasonably satisfactory to the City. If this Agreement is not terminated in the event of damage to the Community Facilities either because (i) the damage does not amount to substantial damage as described above, or (ii) notwithstanding destruction of or substantial damage to the Community Facilities, the Authority elects to restore the Community Facilities, then the Authority shall proceed, at the Authority’s own expense, with all due diligence to commence and complete restoration of the Community Facilities to its condition and character just prior to the occurrence of such casualty.
B. Eminent Domain. If all of the Community Facilities (or such a substantial portion of the Community Facilities so to make it unfeasible, in the reasonable opinion of the Authority, to restore and continue to operate the remaining portion of the Community Facilities for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the power of eminent domain, then upon the date that the Authority shall be required to surrender possession of the Community Facilities or of that substantial portion of the Community Facilities, this Agreement shall terminate and (i) City shall be entitled to all of the just compensation paid for the Community Facilities; and (ii) neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination.
If such taking of a portion of the Community Facilities shall not make it unfeasible, in the reasonable opinion of the Authority, to restore and continue to operate the remaining portion of the Community Facilities for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and the Authority shall proceed, at the Authority’s own expense, with all due diligence to alter or modify the Community Facilities so as to render it a complete architectural unit which can be operated as before.
C. Force Majeure Events. As used in this Agreement, the term “Force Majeure Event” means declared or undeclared war, acts of terrorism, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies, accidents, fires, explosions, floods, earthquakes, or other acts of God, strikes, labor disputes, shortages of materials, or any other event not within the control of the Authority and not caused by the gross negligence or intentional wrongful conduct of the Authority.
15. Indemnification.
A. Authority’s Indemnity. The Authority agrees to and shall indemnify and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages liabilities, judgments, penalties, fines, attorneys’ fees, costs, and expenses:
(i) which result from any act or omission arising from or relating to the Authority’s operation, maintenance or ownership of the Community Facilities, and/or any other activities under this Agreement; or (ii) which result from any action taken by the Authority that is expressly prohibited by this Agreement; or
(iii) which result from the Authority’s breach of any covenant or obligation contained in this Agreement.
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B. City’s Indemnity. The City agrees to and shall indemnify and hold harmless the Authority and its owners, officers, directors, employees, members and managers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys’ fees, costs, and expenses which result from the City’s breach of this Agreement.
C. Nature of Indemnity. The indemnity obligations of the Authority set forth in this Section 15 shall be offset to the extent of any applicable insurance proceeds paid to the City.
16. Remedies.
A. If there is material breach of any provision of this Agreement by a Party, a non-breaching Party may serve written notice of the breach on the breaching Party. If the breach is not cured within sixty (60) days following receipt of the notice of breach, or such longer period as may be reasonably necessary to cure such breach so long as the breaching Party at all times diligently pursues a cure, either non-breaching Party may take the actions permitted pursuant to this Section 16.
B. Within ten (10) business days of issuance of any written notice of breach pursuant to this Section 16, the chief executives of the Parties shall meet and confer in good faith to resolve such breach. If the Parties cannot reach agreement, they shall engage in good faith non-binding mediation with a neutral third party mediator mutually agreeable to the Parties.
C. If there is a material breach of this Agreement that is not cured within the time specified in subsection (A) above, and the Parties are unable to reach resolution pursuant to subsection (B) above, a non-breaching Party may bring an action for specific performance or injunction to compel the breaching Party to cure the breach and/or an action for damages resulting from the breach.
D. The breach of this Agreement shall not entitle any Party to cancel, rescind or otherwise terminate this Agreement (or any of the rights granted hereunder). The failure of any Party to insist upon the strict performance of any provision of this Agreement shall not be construed as a waiver of any breach of this Agreement.
E. No breach of this Agreement, nor the enforcement of any covenants, restrictions or provisions in this Agreement, shall defeat or render invalid the lien of any mortgage or deed of trust recorded against any property affected hereby, but all of the provisions, restrictions and covenants contained in this Agreement shall be binding upon and effective against the Parties or any successors or assigns of the Parties in their respective leasehold estates in the Authority Parcels, whose title is derived or acquired through foreclosure, deed in lieu of foreclosure, trustee's sale, or otherwise.
17. Duration of Obligation/Successors and Assigns. The terms, covenants and conditions herein contained shall run with the Authority Parcels and be binding upon the Parties hereto and their respective successors and assigns.
18. Waivers and Consents. Modifications, waivers and consents pertaining to this Agreement shall only be binding if in writing and signed by the Party against whom such modifications, waiver or consent is sought to be enforced. 10 4872-0404-6763v8/022283-0548
19. Notices, Demands and Communications. Any notice provided hereunder shall be dispatched by certified mail, postage prepaid, return receipt requested, or delivered by reputable delivery service, with a delivery receipt, or delivered personally, with a delivery receipt to the principal office of each of the Parties as follows:
If to Authority:Antelope Valley Fair Authority
2551 West Avenue H
Lancaster, CA 93536
Attn: CEO
with a copy to: ___________________
________________________
________________________
If to City:City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
Attn: City Manager
Phone: (661) 723-6000
with a copy to: Allison E. Burns
Stradling Yocca Carlson & Rauth LLP
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Phone: (949) 725-4000
with a copy to:
A copy of any notice shall also be provided to the 50th District and any lender providing financing to the Project that has recorded a notice against the Authority Parcels pursuant to Section 2924(b) of the California Civil Code, to such address set forth in the recorded notice. Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the date of delivery, the date of refusal of delivery or the date of attempted delivery if undeliverable.
20. Severability. The provisions of this Agreement are severable and the invalidity of one or more of the provisions shall not affect the validity or enforceability of any other provisions.
21. No Assignment. Neither Party shall sell, convey, assign, transfer, hypothecate, pledge, or otherwise dispose of (or agree to do any of the foregoing) all or any part of its interest, if any, in this Agreement, the Authority Parcels, the Community Facilities, or any contractual rights or obligations related hereto, without the prior written consent of the other Party.
22. Miscellaneous. This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and no Party is liable to the other Parties or bound in any manner by expressed or implied warranties, guarantees, promises, statements or representations pertaining to the property that is the subject matter hereof unless such warranties, guarantees, promises, statements or representations are expressly and specifically set forth herein. Titles or captions to paragraphs are for convenience only and shall be given no legal effect or significance. No provision hereof shall be construed as creating the relationship or 11 4872-0404-6763v8/022283-0548
partners of joint venturers between the Parties. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement.
23. Amendments. This Agreement may be amended by, and only by, a written agreement signed by all of the Parties.
24. Authority to Execute. Each of the Parties represent and warrant to the other that the person(s) executing this Agreement on behalf of each Party has full power and authority to bind that Party to the terms hereof and all actions required to be taken by or on behalf of the each Party to authorize it to execute, deliver and perform its obligations under this Agreement have been taken, and that this Agreement is a valid and binding obligation of each Party enforceable in accordance with its terms, except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally.
25. Binding Agreement. This Agreement shall be binding on the Parties regardless of whether the 50th District executes the consent attached hereto as Exhibit F.
26. Obligation. The Parties expressly agree that this Agreement constitutes an “obligation” as that term is used in Section 7.1 of the Authority’s Joint Powers Agreement.
27. Further Assurances. The Authority and the City each agree to execute and deliver from time to time, promptly following any reasonable request therefore by the other party, any and all instruments, agreements and documents, and promptly shall take such other actions as may be necessary or appropriate in the reasonable determination of the other party, to carry out the transaction described in this Agreement.
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[Signatures begin on the following page]
IN WITNESS WHEREOF, the Parties have signed, sealed and delivered this Joint Use Agreement as of the day and year first above written.
AUTHORITY:
ANTELOPE VALLEY FAIRGROUNDS AUTHORITY,
a California joint powers authority
By:
By: ________________________________
Dan Jacobs, General Manager
By:
[Signatures continue on the following page]
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CITY:
CITY OF LANCASTER, a California municipal corporation
and charter city
By: ________________________________
Jason Caudle, city manager
By:
Notary Page
Error! No document variable supplied.
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STATE OF CALIFORNIA )
)
COUNTY OF )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
Notary Page
4872-0404-6763v8/022283-0548
STATE OF CALIFORNIA )
)
COUNTY OF )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
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EXHIBIT A
DESCRIPTION OF AUTHORITY PARCELS
APNs: 3114-011-907 and 3114-011-906
A-2
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A-3
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EXHIBIT B
PLANS
1. CCA/Antelope Valley Fairgrounds Multi-Agency Regional Resiliency Center – E^2 [Package A] December 20, 2023, 90% Construction Documents prepared by 19six Architects on file with the City of Lancaster.
2. CCA/Antelope Valley Fairgrounds Multi-Agency Regional Resiliency Center – EOC [Package B] December 20, 2023, 90% Construction Documents prepared by 19six Architects on file with the City of Lancaster.
3. CCA/Antelope Valley Fairgrounds Multi-Agency Regional Resiliency Center – Culinary Kitchen [Package C] December 20, 2023, 90% Construction Documents prepared by 19six Architects on file with the City of Lancaster.
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EXHIBIT C
SITE MAP
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EXHIBIT D
SCHEDULE OF PERFORMANCE
NOTES:
1. Days are calendar days.
2. Authority and City may, by mutual written agreement, amend or modify any item contained herein or the date for performance. The Executive Director of Authority is hereby authorized to approve minor amendments as set forth in this Schedule of Performance on behalf of Authority. The City Manager of City is hereby authorized to approve minor amendments as set forth in this Schedule of Performance on behalf of City. Any amendments deemed major shall be submitted to the Authority Board of Directors and City Council for consideration.
A. BIDDING
1. Advertise for construction contractor bids. Within two (2) weeks of approval of this Agreement.
2. Bids due. Within five (5) weeks of initial bid
advertisement.
3. Bid award. Within one (1) week of bid due date.
B. CONSTRUCTION CONTRACT
1. Negotiate and finalize California Construction Authority contract with bid awardee.
No later than May 20, 2024
2. Execute construction contract. No later than June 28, 2024
3. Issue notice to proceed. No later than July 5, 2024
C. CONSTRUCTION
1. Groundbreaking. No later than October 31,2024
2. Complete construction. November 30, 2025
3. Project closeout and turnover. January 31, 2026.
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EXHIBIT E
BUDGET
Grand Total Estimated Construction Cost $79,980,638
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EXHIBIT F
CONSENT
TO JOINT USE AND IRREVOCABLE LICENSE AGREEMENT
This CONSENT TO JOINT USE AND IRREVOCABLE LICENSE AGREEMENT (this "Consent") is made as of __________________, 202_ by the 50th District Agricultural Association, a division of the State of California (the "50th District") with regard to that certain Joint Use and Irrevocable License Agreement (“Agreement”) by and between the CITY OF LANCASTER (“City”) and the ANTELOPE VALLEY FAIRGROUNDS AUTHORITY, a California joint powers authority (“Authority”) dated March 26, 2024.
50th District hereby acknowledges it has reviewed the Agreement and agrees the Authority is authorized to execute and deliver the Agreement and agrees to the terms of the Agreement. In accordance with the foregoing acknowledgment and agreements, 50 th District gives its written approval of and consent to the Authority’s execution of the Agreement and the Authority’s grants of the perpetual irrevocable licenses as set forth in the Agreement. 50th District agrees to be to be bound thereby in the event of a dissolution of the Authority. 50th District further acknowledges and agrees that this Consent fulfills any and all notice or consent obligations imposed by law, regulation, agreement, or otherwise with regard to Authority’s execution of the Agreement.
IN WITNESS WHEREOF, the 50th District has caused this Consent to be executed as of the date first written above.
50th District Agricultural Association, a division of
the State of California
By:
STAFF REPORT
City of Lancaster
NB 4
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From: George N. Harris II, Finance Director
Subject:Amendment to the Adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024.
Recommendation:
Adopt Resolution No. 24-__, authorizing an amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024.
Fiscal Impact:
Approval of the amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024, totaling a net increase in expenditures of $4,722,673.
Background:
The mid-year budget review provides an assessment of the City of Lancaster’s budget condition in the current fiscal year during the first six months of the fiscal year. It allows staff to review the projected expenditures and revenues appropriated in June of the previous year and account for adjustments not anticipated or fully defined when the projections were proposed. It provides an opportunity to review the fund balances, make adjustments, and help shape the development for the next budget cycle. Based on data gathered and analyzed, the proposed FY 2023-2024 revised budget includes an increase in revenues of $349,730 and an increase in expenditures of $5,072,403.
Revenues
Revenues have been slightly adjusted to include a $278,000 increase in Property Tax, $70,698 in Sale of Surplus Property, and $1,032 in Public Works Reimbursements.
Expenditures
Projections to various electricity accounts have been increased, totaling $3,863,688. There has been a significant delay in billings from the City’s electricity provider, resulting in payments made to prior fiscal year invoices. The budget has been increased to account for the additional payments plus rate and usage increases.
1 6
0 2
A total of $809,000 is included in the Lancaster Choice Energy fund for continued Hydrogen projects and efforts. Hydrogen technologies are still in the early stages of development, and the additional funding will help the City invest in hydrogen programs that will foster innovation and support the growth of the industry.
The remaining increases are to support City operations through the fiscal year. The proposed increase aims to ensure adequate funding to address shortfalls without compromising essential services or planned projects.
The recommended adjustments result in an overall increase in appropriated operating expenditures totaling $4,722,673.
The proposed adjustments in Attachment A are detailed by fund, division, and object. Attachment B includes account information and proposed increase/(decrease).
General Fund
Overall, the General fund Budget will result in an almost exact ending projected fund balance as was originally proposed with the adoption in June. Savings were realized in the prior year and were applied to priority projects as identified by the Council. The soccer conversion project was initiated with $1.7M for design work, and an additional $3M was approved for the Public Safety Police Headquarters project that kicked off recently. An additional $2.86M was approved for various projects in October as part of the annual Construction In Progress (CIP) process.
Attachment:
Resolution No. 24-XX, Amendment to the Adopted Budget and Capital Improvement Program for Fiscal Year 2023-2024
Attachment A - Mid-Year Analysis, Detail Fund Division
Attachment B - Mid-Year Analysis, Detail Account
General Fund Original Fiscal Year 2023/24 Budget June Budget Adoption After MidyearBeginning Balance 53,338,864.00$ 90,596,335.00$ Revenues 109,651,484.00$ 110,079,089.00$ Operating Expenditures (109,540,102.00)$ (118,172,517.00)$ Capital Improvement Program/One-time Items (8,659,513.00)$ (32,856,092.00)$ Net Transfers (323,286.00)$ (1,549,392.00)$ Projected Fund Balance 44,467,447.00$ 44,020,442.00$ Reserve Requirement 43,860,593.00$ 43,920,436.00$ Surplus of Reserves 606,854.00$ 100,006.00$ RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE BUDGET AND CAPITAL
IMPROVEMENT PROGRAM FOR THE FISCAL YEAR 2023-
2024.
WHEREAS, the budget for the fiscal year 2023-2024 was adopted by Resolution 23-49 on June 27, 2023, and
WHEREAS, it is appropriate to amend the adopted Budget and Capital Improvement Program, in accordance with proper governmental accounting and financial reporting practices; and
WHEREAS, funds are available, as designated in the request action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:
Section 1. The fiscal year 2023-2024 adopted Budget and Capital Improvement Program is amended as detailed in Attachment B.
PASSED, APPROVED, and ADOPTED this 26th day of March 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
Resolution No. 23-XX