Agenda packet — Lancaster City Council, August 27, 2024

Tuesday, August 27, 2024
Regular Meeting –
1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:30 p.m. on
August 23, 2024
at the entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534

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

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
~ 1 ~

AGENDA ITEMS TO BE REMOVED
Sometimes

necessary

remove

items

from

the

agenda.

apologize

for

any

inconvenience

this
may cause you.

PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED
ITEMS
Any

person

who

would

address

the

Legislative

Bodies

any

agendized

item

requested
to

complete

speaker

card

for

the

City

Clerk/Agency/Authority

Secretary

and

identify

the

agenda
item

you

would

discuss.

Each

person

will

given

opportunity

address

the

Legislative
Body

the

time

such

item

discussed.

Speaker

cards

are

available

the

rear

the

Council
Chambers

and

your

speaker

card

must

filled

out

prior

the

agenda

item

being

called.

We
respectfully

request

that

you

fill

the

cards

out

completely

and

clearly

possible.

Following
this

procedure

will

allow

for

smooth

and

timely

process

for

the

meeting

and

appreciate

your
cooperation.

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

Consent

Calendar

items

under

the

Legislative

Body

may

acted

upon

with

one

motion,

second

and
the

vote.

you

desire

speak

item

items

the

Consent

Calendar,

you

may

fill

out

one
speaker

card

for

the

Consent

Calendar.

You

will

given

three

minutes,

unless

different

time

limit

is
announced,

address

your

concerns

before

the

Legislative

Body

takes

action

the

Consent
Calendar.

LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties

any

proceeding

involving

license,

permit,

other

entitlement

for

use

pending

before

the
City

Council

must

disclose

any

campaign

contribution

over

$250

(aggregated)

within

the

preceding
12 months

made

the

party,

their

agent,

and

those

required

aggregated

with

their

contributions
under

Gov.

Code

Section

82015.5.

The

disclosure

must

include

the

amount

contributed

and

the
name(s)

the

contributor(s).

Consent

Calendar

items

under

the

Legislative

Body

may

acted

upon
with

one

motion,

second

and

the

vote.

you

desire

speak

item

items

the

Consent
Calendar,

you

may

fill

out

one

speaker

card

for

the

Consent

Calendar.

You

will

given

three
minutes,

unless

different

time

limit

announced,

address

your

concerns

before

the

Legislative
Body

takes

action

the

Consent

Calendar.

“G.C.

Section

84308:

Yes”

this

agenda

indicates

that
the item is subject to these regulations.

CALL TO ORDER
City Council/Successor Agency/Financing/Power Authority

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
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COUNCIL ACTIONS

CONSENT CALENDAR

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

INVOCATION

PLEDGE OF ALLEGIANCE

CC 1.

Waive

further

reading

any

proposed

ordinance.

(This

permits

reading

the

title

only

lieu
of reciting the entire text.)

CC 2.

Approve

the

City

Council/Successor

Agency/Financing/Power

Authority

Regular

Meeting
Minutes of August 13, 2024.

CC 3.

Check Registers – July 21, 2024, through August 10, 2024.

Recommendation(s):

Approve

the

Check

and

Wire

Registers

for

payments

made

July

21,

2024,

through

August

10,
2024, in the amount of $15,623,970.05 as presented.

each

regular

City

Council

Meeting,

the

City

Council

presented

with

check

and
ACH/wire

registers

listing

the

financial

claims

(invoices)

against

and

paid

the

City

for

the
purchase

materials,

supplies,

services,

and

capital

projects

during

the

prior

three

four
weeks. This process provides the City Council with the opportunity to review the City’s expenditures.

Claims

have

been

paid

via

checks,

Automated

Clearing

House

(ACH)
payments,

federal

wires.

The

justifying

backup

information

for

each

expenditure

is
available in the Finance Department.

CC 4.

Monthly Reports of Investments – June & July 2024.

Recommendation(s):

Accept and approve the June and July 2024 Monthly Report of Investments as submitted.

Each

month,

the

Finance

Department

prepares

report

listing

the

investments

for

all

separate
entities

under

the

jurisdiction

the

City

identified

the

City’s

Comprehensive

Annual
Financial Report.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
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CC 5.

Adopt

Ordinance

Amending

Section

2.04.040

the

Lancaster

Municipal

Code

Concerning
Vacancies on the City Council or in the Office of the Mayor

Recommendation(s):

Adopt

Ordinance

No.

1119

Amending

Section

2.04.040

the

Lancaster

Municipal

Code
Concerning Vacancies on the City Council
or
in the Office of the Mayor.

Section

2.04.040

the

Lancaster

Municipal

Code

specifies

the

method

which

vacancies

on
the

City

Council

and

the

Office

the

Mayor

are

filled.

Ordinance

No.

1119

will

amend
section

2.04.040

clarify

that

references

the

“next

general

municipal

election”

mean

the

“next
general municipal election that is at least 90 days from the date the vacancy is declared.

CC 6.

Adopt

Ordinance

Adding

Section

2.04.055

the

Lancaster

Municipal

Code

Concerning
Statements

Pursuant

Section

13307

the

Elections

Code

Submitted

Candidates

for
Elective Offices

Recommendation(s):

A
dopt

Ordinance

No.

1118

adding

Section

2.04.055

the

Lancaster

Municipal

Code
concerning

statements

pursuant

Section

13307

the

Elections

Code

submitted

candidates
for elective offices.

Ordinance

No.

1118

will

add

Section

2.04.055

the

Lancaster

Municipal

Code

impose
restrictions

addition

those

specified

section

13307

the

Elections

Code,

candidate’s
statement to prevent the intentional or inadvertent deception of voters.

CC 7.

Assignment

and

Assumption

Agreement

Regarding

Subaru

Antelope

Valley

and

Honda
Lancaster

Recommendation(s):

1. Approve an Assignment and Assumption Agreement with Trust Automotive.

2. Authorize

the

City

Manager,

his

designee,

negotiate,

finalize,

and

execute

the
agreement in a form to be approved by the City Attorney.

entering

into

the

proposed

agreement,

the

City

will

aid

preserving

local

jobs

and

tax
revenues,

while

also

securing

the

continued

operation

Honda

and

Subaru

dealership
well into the future.

CC 8.

Approve

One

Year

Extension

and

two

optional

extensions

with

Parkwood

Landscape
Maintenance, Inc. Contract for the City Landscape Maintenance Program

Recommendation(s):
a.

Approve

one-year

extension

with

Parkwood

Landscape

Maintenance,

Inc.

for

professional
landscape

maintenance

services,

which

includes

Consumer

Price

Index

(CPI)

increase
for

amount

not

exceed

$1,999,328.23

for

September

2024

through

August

2025.

Approve

two

(2)

optional

contract

years

which

can

include

authorization

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
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CPI increase per year.
b.

Approve

spending

authority

for

additional

contingency

that

will

used

for
additional areas added to the contract under this extension. c. Authorize the City Manager, or his designee, to sign all documents.

Services

covered

under

this

agreement

include,

but

are

not

limited

to,

mowing,

edging,
trimming,

pruning,

fertilizing,

weed

abatement

and

pest

control.

They

provide

maintenance

to
all of the City’s landscape areas and medians which encompass nearly 6,000,000 square feet.

CC 9.

Tax

Sharing

Resolution

for

Proposed

Annexation

No.

40-164

(04-220)

into

Los

Angeles
County Waterworks District No. 40, Antelope Valley

Recommendation(s):

Adopt

the

Tax

Sharing

Resolution

for

proposed

Annexation

No.

40-164

(04-220)

into

Los
Angeles

County

Waterworks

District

No.

40,

Antelope

Valley.

Direct

the

City

Clerk

route
three

(3)

copies

the

tax

resolution

the

City

Attorney

and

the

Mayor

for

wet
signatures.

The

property

owners

within

Annexation

No.

40-164

(04-220)

are

requesting

water

service

for
their

properties.

Before

water

service

can

provided,

the

properties

must

first

annexed
into Los Angeles County Waterworks District No. 40.

CC 10.

Tax

Sharing

Resolution

for

Proposed

Annexation

No.

40-167

(04-223)

into

Los

Angeles
County Waterworks District No. 40, Antelope Valley

Recommendation(s):

Adopt

the

Tax

Sharing

Resolution

for

proposed

Annexation

No.

40-167

(04-223)

into

Los
Angeles

County

Waterworks

District

No.

40,

Antelope

Valley.

Direct

the

City

Clerk

route
three

(3)

copies

the

tax

resolution

the

City

Attorney

and

the

Mayor

for

wet
signatures.

The

property

owners

within

Annexation

No.

40-167

(04-223)

are

requesting

water

service

for
their

properties.

Before

water

service

can

provided,

the

properties

must

first

annexed
into Los Angeles County Waterworks District No. 40.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
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CC 11.

Tax

Sharing

Resolution

for

Proposed

Annexation

No.

14-450

into

Los

Angeles

County
Sanitation District No. 14

Recommendation(s):
a.

Adopt

the

Tax

Sharing

Resolution

for

proposed

Annexation

No.

14-450

into

Los
Angeles County Sanitation District No. 14.
b.

Direct

the

City

Clerk

route

three

(3)

copies

the

tax

resolution

the

City
Attorney and the Mayor for wet signatures.

The

property

owners

have

requested,

writing,

annexation

property

(Annexation

No.

14-
450)

into

the

County

Sanitation

District

No.

14 (District)

order

receive

off-site

disposal
of sewage.

CC 12.

Tax

Sharing

Resolution

for

Proposed

Annexation

No.

14-453

into

Los

Angeles

County
Sanitation District No. 14

Recommendation(s):
a.

Adopt

the

Tax

Sharing

Resolution

for

proposed

Annexation

No.

14-453

into

Los
Angeles County Sanitation District No. 14.
b.

Direct

the

City

Clerk

route

three

(3)

copies

the

tax

resolution

the

City
Attorney and the Mayor for wet signatures.

The

property

owners

have

requested,

writing,

annexation

property

(Annexation

No.

14-
453)

into

the

County

Sanitation

District

No.

14 (District)

order

receive

off-site

disposal
of sewage.

CC 13.

Award

Contract

for

Request

for

Proposal

827-24

Tree

Trimming

Services

Tip

Top
Arborists, Inc.

Recommendation(s):

1. Award

contract

for

Request

for

Proposal

(RFP)

827-24-Tree

Trimming

Services

Tip

Top
Arborists,

Inc.

amount

not

exceed

$286,796

for

tree

trimming

services

for

contract
year

one

(September

2024-June

30,

2025)

and

maximum

Consumer

Price

Index
(CPI)

increase

for

the

second

and

third

contract

years.

The

contract

also

provides

two
optional one-year extensions.

2. Find that this item is not a project under the California Environmental Quality Act.

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

The

City

Lancaster

with

vendor

support

maintains

Urban

Forest

consisting

over
20,000

trees.

Services

covered

through

this

contract

include

trimming,

planting,

and

removal
of

trees

located

the

City’s

easement/right-of-way,

main

thoroughfares,

within

parks,

and
in maintenance districts throughout the City.

CC 14.

Award

Contract

for

Request

for

Proposal

827-24

Tree

Trimming

Services

West

Coast
Arborists, Inc.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
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Recommendation(s):

1. Award

contract

for

Request

for

Proposal

(RFP)

827-24

Tree

Trimming

Services

West
Coast

Arborists,

Inc.

amount

not

exceed

$275,515

for

tree

trimming

services

for
contract

year

one

(September

2024-June

30,

2025)

and

maximum

Consumer
Price

Index

(CPI)

increase

for

the

second

and

third

contract

years.

The

contract

also

provides
two (2) optional one-year extensions.

2. Find that this item is not a project under the California Environmental Quality Act.

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

The

City

Lancaster

with

vendor

support

maintains

Urban

Forest

consisting

over
20,000

trees.

Services

covered

through

this

contract

include

trimming,

planting,

and

removal
of

trees

located

the

City’s

easement/right-of-way,

main

thoroughfares,

within

parks,

and
in maintenance districts throughout the City.

CC 15.

Federal Digital Equity Competitive Grant Program Acceptance.

Recommendation(s):

Authorize

the

City

enter

into

binding

agreement

with

the

County

Los

Angeles

to
develop,

implement,

and

assess

digital

inclusion

activities

under

the

Federal

Digital

Equity
Competitive

Grant

Program.

Grant

the

City

Manager

and

their

designee

the

authority

sign
the

Federal

Digital

Equity

Competitive

Grant

Program

Letter

Commitment

and

related
documents.

The

County

Los

Angeles

Intergovernmental

Broadband

Coordinating

Committee

(IBCC)
would

develop,

implement,

and

evaluate

digital

inclusion

activities

with

Federal

grant
funding

resources

ensure

that

communities

most

need

throughout

the

Los

Angeles
County

region

have

equitable

access

and

use

digital

inclusion

resources

and

services

to
thrive in day-to-day activities.

NEW BUSINESS
NB 1.

Third

Amendment

the

Amended

and

Restated

JPA

between

the

City

Lancaster,
Palmdale, and County of Los Angeles for the Antelope Valley Transit Authority ( AVTA).

Recommendation(s):
1)

Approve

third

amendment

the

agreement

between

City

Lancaster,

City

Palmdale,
and

County

Los

Angeles

for

the

Antelope

Valley

Transit

Authority

( AVTA)

transit

service
agreement.
2)
Appropriate $480,000 to account 21819000.5710 for FY 24/25 budget year. 3)

Authorize

the

City

Manager,

his

designee,

negotiate,

finalize,

and

execute

the
agreement

amendment

and

all

future

amendments

form

approved

the

City
Attorney.

The

third

amendment

the

contract

redefines

the

AVTA

allocation

formula

for

operation
cost

for

each

jurisdiction

based

population.

This

results

increase

cost

for

24/25
of

$479,399.

Each

year

moving

forward,

the

impact

will

vary

based

the

agreed

upon
methodology.

City

Palmdale

and

City

Lancaster

will

contribute

equally

based

the
higher allocation of the cost allocation methodology.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
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NB 2.

Governor Newsom’s Executive Order N-1-24

Recommendation(s):

Direct

staff

conform

its

standard

operating

procedures

and

policies

Executive

Order

N-
1-24 regarding homeless encampments.

Thursday,

July

25th,

2024,

California

Governor

Gavin

Newsom

released

Executive

Order
N-1-24,

directing

all

state

agencies

implement

plans

for

the

removal

homeless
encampments

from

state

land

and

relocation

unhoused

individuals,

and

encouraging

local
governments

adopt

policies

consistent

with

the

Order.

addition,

the

Order

directs

state
agencies

use

all

available

resources

and

infrastructure

take

action

with

the

urgency

and
compassion

the

homeless

crisis

demands

humanely

remove

encampments

from

public
spaces,

prioritizing

those

encampments

that

most

threaten

the

life,

health,

and

safety

those
in

and

around

them.

reviewing

our

existing

ordinance

and
procedures,

currently

meet

the

expectations

Governor

Newsom’s

executive

order.

Our
current

procedures

have

been

place

for

several

years,

and

our

ordinance

was

updated

last
year to included addressing encampments that affect critical infrastructure.

COUNCIL REPORTS
CR 1.

Council Reports

LANCASTER HOUSING AUTHORITY
No action required at this time.

LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER AUTHORITY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This

portion

the

agenda

allows

individual

the

opportunity

address

the

Legislative

Bodies

on
any

item

NOT

THE

AGENDA

regarding

City/Agency/Authority

business

and

speaker

cards
must

submitted

prior

the

beginning

this

portion

the

Agenda.

Please

complete

speaker

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
~ 8 ~

CLOSED SESSION
card

for

the

City

Clerk/Agency/Authority

Secretary

and

identify

the

subject

you

would

to
address.

respectfully

request

that

you

fill

the

cards

out

completely

and

clearly

as
possible.

Following

this

procedure

will

allow

for

smooth

and

timely

process

for

the

meeting

and

we
appreciate

your

cooperation.

State

law

prohibits

the

Legislative

Body

from

taking

action

items

not
on

the

agenda

and

your

matter

may

referred

the

City

Manager/Executive

Director.

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

CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS

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

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

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

4. Antelope Valley Groundwater Cases Included Action:

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

Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

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

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

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

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

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

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

9. Castro v. Lancaster

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

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

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

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
~ 9 ~

ADJOURNMENT
Next Regular Meeting:

September 10, 2024 at 1:30 PM

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All documents available for public review are on file with the City Clerk Department.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/27/2024
~ 10 ~

STAFF REPORT
City of Lancaster
CC 3
8/27/2024
TN
Date:August 27, 2024
To: Mayor Parris and City Council Members
From:George N. Harris II, Senior Director/Treasurer – Admin Services Subject:Check Registers – July 21, 2024, through August 10, 2024.

Recommendation:

Approve the Check and Wire Registers for payments made July 21, 2024, through August 10, 2024, in the amount of $15,623,970.05, as presented.

G.C. Section 84308: No
Fiscal Impact:
$15,623,970.05, as detailed in the Check Registers.

Background:

At each regular City Council Meeting, the City Council is presented with a check and ACH/wire registers listing the financial claims (invoices) against and paid by the City for the purchase of materials, supplies, services, and capital projects during the prior three to four weeks. This process provides the City Council with the opportunity to review the City’s expenditures. Claims have been paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.

Check Nos.: 7450136-7450523 $ 14,615,149.01
ACH/Wire Check Nos.: 101012009-101012015 $ 1,008,821.04 $15,623,970.05
Voided Check No.: N/A
Voided ACH/Wire No.: N/A
Attachment:

Check Register
ACH/Wire Register

STAFF REPORT
City of Lancaster
CC 4
8/27/2024
TN
Date:August 27, 2024
To: Mayor Parris and City Council Members
From:George Harris, Senior Director/Treasurer – Admin Services Subject:Monthly Reports of Investments – June & July 2024.

Recommendation:

Accept and approve the June and July 2024 Monthly Report of Investments as submitted.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

Each month, the Finance Department prepares a report listing the investments for all separate entities under the city's jurisdiction, as identified in the City’s Comprehensive Annual Financial Report.

Portfolio Recap
July 2024 June 2024 May 2024
Total Portfolio 3.52% 3.07% 3.57%
Cal Class 5.42% 5.39% 5.39%
Cal Class-Enhanced 5.43% 5.39% 5.39%
Local Agency Investment Fund 4.30% 4.30% 4.30%
Total Pooled Portfolio Balance:
$117,176,150 $144,538,515 $124,046,316
The portfolio balance increased from May to June by $20,492,199, or 16.52%. Significant Revenues for June include $2,055,872 Sales & Use Tax, $1,682,126 in Measure LC Sales Tax, $12,071,326 in TDA reimbursements and $39,488 in Property Taxes. Expenses include $41,099,437 for Operating & Miscellaneous, $3,623,477 for Payroll & Benefits. 1 7
4 8
The portfolio balance decreased from June to July by $27,362,365 or 18.93%. Significant Revenues for June include $2,148,168 in Sales & Use Tax, $1,872,525 in Measure LC Sales Tax, and $267,993 in Property Taxes. Expenses include $5,804,844 for Operating & Miscellaneous, $10,664,745 for Debt Services, and $3,093,046 for Payroll & Benefits.

The City’s temporary idle cash, those funds not immediately needed to pay current bills and not governed by bond indentures or bond resolutions, is invested by the City’s adopted Investment Policy. The City Council reviewed this policy regularly, with the latest policy adopted on February 13, 2018, by Resolution No. 18-06.

The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible within the guidelines of this Investment Policy. The City attempts to achieve the highest yield obtainable through a diversified portfolio only after meeting the criteria established for safety and liquidity in that order. The principal investment objectives of the City are:

1. Preservation of capital and protection of investment principal;

2. Maintenance of sufficient liquidity to meet anticipated cash flows;

3. Attainment of a market rate of return;

4. Diversification to avoid incurring unreasonable market risks and;

5. Compliance with the City’s Municipal Code and with all applicable City resolutions, California statutes, and Federal regulations.

The City’s portfolio is a short-term and intermediate-term fixed-income portfolio. The maximum maturity of any investment is 5 years, with consideration of anticipated cash flow requirements and known future liabilities. The City contracts with an investment advisory service (Insight Investment) to assist in the effort to maximize the returns of the City portfolio. The City’s investments include publicly traded Treasury notes, Treasury Bills, Federal Agency Investments, Time Deposits, Local Agency Investment Fund (LAIF), and California Cooperative Liquid Assets Securities System (Cal Class) under the auspices of the State Treasurer for investment.

Funds invested in LAIF and Cal Class are available within 24 hours, and other investments are available upon maturity at full face value. These investments enable the City to meet its expenditure requirements for the next six months, as required by state law.

The City’s investment procedures are governed by Sections 53600 et. seq. of the California Government Code. Additional requirements have been placed on the City’s authorized investments by the Investment Policy (a copy is available in the Finance Department or from the (City Clerk), and all investments listed on the attached report adhere to these requirements.

Attachment:

A. June 2024 Report of Investments
B. July 2024 Report of Investments

STAFF REPORT
City of Lancaster
CC 5
8/27/2024
TN
Date:August 27, 2024
To: Mayor Parris and City Council Members
From:Trolis Niebla, City Manager
Subject:Adopt Ordinance Amending Section 2.04.040 of the Lancaster Municipal Code Concerning Vacancies on the City Council or in the Office of the Mayor Recommendation:

Adopt Ordinance No. 1119 Amending Section 2.04.040 of the Lancaster Municipal Code Concerning Vacancies on the City Council or in the Office of the Mayor.

G.C. Section 84308: No
Fiscal Impact:

None
Background:

Section 5 of article XIII of the California Constitution allows charter cities to establish laws regarding the conduct of city elections. Section 102 of the City’s Charter provides that “[t]he City of Lancaster shall have the power to adopt ordinances establishing procedures, rules or regulations concerning City of Lancaster elections and public officials, including but not limited to, the qualifications and compensation of elected officials, the method, time and requirements to hold elections, to fill vacant offices and for voting by mail. Unless in conflict with ordinances adopted by the City, state law regarding elections shall apply[]”. Section 2.04.040 of the Lancaster Municipal Code specifies the method by which vacancies on the City Council and in the Office of the Mayor are filled. Ordinance No. 1119 will amend section 2.04.040 to clarify that references to the “next general municipal election” mean the “next general municipal election that is at least 90 days from the date the vacancy is declared.”
At the Lancaster City Council meeting held on August 13, 2024, the City Council approved the introduction of Ordinance No. 1119, Amending Section 2.04.040 of the Lancaster Municipal Code Concerning Vacancies on the City Council or in the Office of the Mayor, by the following vote 4-0- 0-1 : AYES: Hughes-Leslie, Malhi, Mann, Crist; NOES: None; ABSTAIN: None; ABSENT: Parris. 1 7
4 2

Attachment:

Ordinance No. 1119
1 4
6 2
7 ORDINANCE NO. 1119

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING SECTION 2.04.040 OF THE LANCASTER

MUNICIPAL CODE CONCERNING VACANCIES ON THE CITY

COUNCIL OR IN THE OFFICE OF THE MAYOR
WHEREAS, the City of Lancaster (“City”) is a charter city as authorized by and described in article XIII of the California Constitution; and
WHEREAS, section 5 of article XIII of the California Constitution provides, in pertinent part, that “[i]t shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws[…]” and that “[i]t shall be competent in all city charters to provide, in addition to those provisions allowable by this Constitution, and by the laws of the State for [… the] conduct of city elections […]”; and
WHEREAS, section 102 of the City’s Charter provides that “[t]he City of Lancaster shall have the power to adopt ordinances establishing procedures, rules or regulations concerning City of Lancaster elections and public officials, including but not limited to, the qualifications and compensation of elected officials, the method, time and requirements to hold elections, to fill vacant offices and for voting by mail. Unless in conflict with ordinances adopted by the City, state law regarding elections shall apply[]”; and
WHEREAS, section 2.04.040 of the Lancaster Municipal Code specifies the method by which vacancies on the City Council and in the Office of the Mayor are filled; and WHEREAS, the City Council of the City has determined that section 2.04.040 should be amended to clarify that references to the “next general municipal election” mean the “next general municipal election that is at least 90 days from the date the vacancy is declared”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Section 2.04.040 of the Lancaster Municipal Code is hereby amended to read, in its entirety, as follows:

2.04.040 Statement by Candidate for Elective Office.

A. A vacancy shall exist on the city council or in the office of the mayor, and shall be declared by the city council, upon the occurrence of any of the events enumerated in the provisions of the California Government Code pertaining to vacancies in public offices.
2 4
6 2
7 B. Within ninety (90) days of the city council declaring a vacancy on the city council pursuant to this section, the mayor, with the consent of the city council, shall fill such vacancy by appointment. The person appointed to fill a vacant council seat holds office until the end of the former council member's term, at which time it will be filled by election.

C. In the event the office of the mayor is declared by the city council to be vacant, the powers and duties of the mayor shall immediately and automatically transfer to and vest in the council member serving as the vice-mayor pursuant to
Section 2.04.020, who shall serve as acting mayor until the next general municipal election that is at least 90 days from the date the vacancy is declared. The acting mayor shall appoint a person, subject to approval of a majority of the city council, who shall serve as a council member until the next general municipal election that is at least 90 days from the date the vacancy is declared. The powers and duties of the mayor shall remain vested in the acting mayor until the next general municipal election that is at least 90 days from the date the vacancy is declared, at which time the office of mayor will be filled by election. The person elected to the office of mayor shall hold the office for a full term.

D. To the extent consistent with the terms of the city's charter and this Section 2.04.040, provisions of the California Government Code pertaining to filling vacancies in public offices shall apply.

Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 4. The Mayor shall sign and 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. 3 4
6 2
7 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

STAFF REPORT
City of Lancaster
CC 6
8/27/2024
TN
Date:August 27, 2024
To: Mayor Parris and City Council Members
From:Trolis Niebla, City Manager
Subject:Adopt Ordinance Adding Section 2.04.055 to the Lancaster Municipal Code Concerning Statements Pursuant to Section 13307 of the Elections Code Submitted By Candidates for Elective Offices
Recommendation:

Adopt Ordinance No. 1118 adding Section 2.04.055 to the Lancaster Municipal Code concerning statements pursuant to Section 13307 of the Elections Code submitted by candidates for elective offices.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

2.04.055 to the Lancaster Municipal Code to impose restrictions in addition to those specified in section 13307 of the Elections Code, on a candidate’s statement to prevent the intentional or inadvertent deception of voters.

At the Lancaster City Council meeting held on August 13, 2024, the City Council approved the introduction of Ordinance No. 1118, adding Section 2.04.055 to the Lancaster Municipal Code concerning statements pursuant to Section 13307 of the Elections Code submitted by candidates for elective offices, by the following vote 4-0-0-1 : AYES: Hughes-Leslie, Malhi, Mann, Crist; NOES:
1 7
4 3
None; ABSTAIN: None; ABSENT: Parris.

Attachment:

Ordinance No, 1118
1 4
6 2
6 ORDINANCE NO. 1118

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER ADDING SECTION 2.04.055 TO THE LANCASTER

MUNICIPAL CODE CONCERNING STATEMENTS PURSUANT TO
SECTION 13307 OF THE ELECTIONS CODE SUBMITTED BY

CANDIDATES FOR ELECTIVE OFFICES
WHEREAS, the City of Lancaster (“City”) is a charter city as authorized by and described in article XIII of the California Constitution; and
WHEREAS, section 5 of article XIII of the California Constitution provides, in pertinent part, that “[i]t shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws[…]” and that “[i]t shall be competent in all city charters to provide, in addition to those provisions allowable by this Constitution, and by the laws of the State for [… the] conduct of city elections […]”; and
WHEREAS, section 102 of the City’s Charter provides that “[t]he City of Lancaster shall have the power to adopt ordinances establishing procedures, rules or regulations concerning City of Lancaster elections and public officials, including but not limited to, the qualifications and compensation of elected officials, the method, time and requirements to hold elections, to fill vacant offices and for voting by mail. Unless in conflict with ordinances adopted by the City, state law regarding elections shall apply[]”; and
WHEREAS, section 13307 of the California Elections Code generally provides that candidates for nonpartisan elective office may submit a statement for inclusion in the voter information guide that is to be sent to each voter; and
WHEREAS, the City Council of the City has determined that certain restrictions, in addition to those specified in section 13307 of the Elections Code, should be imposed on a candidate’s statement to prevent the intentional or inadvertent deception of voters.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Section 2.04.055 is hereby added to the Lancaster Municipal Code to read as follows:

2.04.055 Statement by Candidate for Elective Office.

A statement authorized by section 13307 of the Elections Code that is submitted by a candidate for nonpartisan elective office shall be subject to the following:
2 4
6 2
6 A. A candidate shall not include a photograph of himself or herself wearing any uniform.

B. A candidate may include reference to an occupation from which he or she has “retired” only if it is designated as his or her primary occupation.

C. A candidate may designate his or her primary occupation to that of “business owner” only if his or her statement is accompanied by a certification, the form of which shall be provided by the city clerk, that is signed under penalty of perjury and states that the candidate owns a business.

The requirements of this section shall supplement section 13307 of the Elections Code; provided, however, that in the event of a conflict, this section shall control. This section shall not be interpreted or applied in a manner that violates the First Amendment to the United States Constitution, any other provision of the United States Constitution, or any provision of the California Constitution.

Section 4. The Mayor shall sign and 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. 3 4
6 2
6 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

STAFF REPORT
City of Lancaster
CC 7
8/27/2024
TN
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Chenin Dow, Assistant Director – Community Development Michael Flores, Coordinator II – Economic Development
Subject: Assignment and Assumption Agreement Regarding Subaru Antelope Valley and Honda Lancaster
Recommendations:

1. Approve an Assignment and Assumption Agreement with Trust Automotive.

2. Authorize the City Manager, or his designee, to negotiate, finalize, and execute the agreement in a form to be approved by the City Attorney.

G.C. Section 84308: No
Fiscal Impact:

This Assignment and Assumption Agreement will remain in effect through 2039. Throughout this time, the site will continue to operate as an automotive dealership, ensuring the ongoing generation of sales tax revenue for the City.

Background:

The Lancaster Auto Mall serves as a key generator of sales tax revenue and jobs for the City of Lancaster. As such, the City has proactively engaged in a variety of efforts to support the Auto Mall, as well as attract and retain auto dealerships.

One such initiative was the 2009 acquisition of operating and restrictive covenants from Clutter Motors for the auto dealerships now known as Antelope Valley Subaru and Honda Lancaster. Through this effort, the City secured significant upgrades to both facilities, along with a thirty (30)-year commitment for the operation and maintenance of the dealerships at these locations.

In 2017, with the City’s consent, Clutter Motors assigned its obligations under these covenants to Sully III AVP, LLC (“Sully”). Sully has continued to operate the two (2) dealerships since that 1 7
4 7
time.

Today, Sully is seeking to sell the dealerships to another experienced auto group, Trust Automotive. This sale requires the consent of the City and the transfer of the obligations associated with the covenants via the proposed Assignment and Assumption Agreement.

The covenants set forth in 2009 will remain in effect for thirty (30) years, through 2039. During this time, the sites must be occupied and used solely for automotive uses relating to new automobile and truck dealership activities, including automobile and truck servicing, used automobile and truck sales, and repair of vehicles and ancillary uses reasonably related and connected to new automobile and truck dealerships.

By entering into the proposed agreement, the City will aid in preserving local jobs and tax revenues, while also securing the continued operation of a Honda and a Subaru dealership well into the future.

MF/js
Date: August 27, 2024

STAFF REPORT
City of Lancaster
CC 8
8/27/2024
TN
To:

From:

Subject:

Mayor Parris and City Council Members
Patti Garibay, Assistant Director-Community Development Jason Palumbo, Assistant Manager-Community Development
Approve One Year Extension and two optional extensions with Parkwood Landscape Maintenance, Inc. Contract for the City Landscape Maintenance Program Recommendations:
a. Approve one-year extension with Parkwood Landscape Maintenance, Inc. for professional landscape maintenance services, which includes a 4% Consumer Price Index (CPI) increase for an amount not to exceed $1,999,328.23 for September 2024 through August 2025.

Approve two (2) optional contract years which can include an authorization ofup to a 5% CPI increase per year.
b. Approve spending authority for an additional 5% contingency that will be used for additional areas added to the contract under this extension. c. Authorize the City Manager, or his designee, to sign all documents.

G.C. Section 84308: No
Fiscal Impact:

Year one will have a not to exceed amount of $2,081,383.58 (includes optional 5% contingency); Sufficient funds are available in the following FY24/25 budget accounts including:
• 101-26000-5755 - General Fund- $306,887 with option for additional 5% contingency • 421-26000-5755 - LMD Fund - $1,692,441 with option for additional 5% contingency Additional years will be budgeted for during the annual budget process and will include up to a 5% CPI increase on the prior year's not to exceed amount.

Background:

In September 2022, Parkwood Landscape Maintenance, Inc. was awarded the contract for the City's Landscape Maintenance Program through Request for Proposal No.766-23.

Parkwood Landscape Maintenance, Inc. has serviced this contract through their Lancaster- based facility, which employs twenty-five (25) Lancaster residents. Services covered under this agreement include, but are not limited to, mowing, edging, trimming, pruning, fertilizing, weed abatement and pest control. They provide maintenance to all of the City's landscape areas and medians which encompass nearly 6,000,000 square feet. This amendment will extend the contract by one (1) year, effective September 1, 2024.

PG/JP/gb
Attachment:

Parkwood RFP No. 766-23 Agreement Amendment No. 1
AMENDMENT NO. 1 TO AGREEMENT FOR THE CITY LANDSCAPE MAINTENANCE

PROGRAM
This Amendment (“Amendment No. 1”) is hereby entered into effective September 1, 2024, by and between the City of Lancaster, a Municipal Corporation, in the State of California (“OWNER”), and Parkwood Landscape Maintenance Inc. (“CONTRACTOR”) with respect to the Operating Agreement for the City Landscape Maintenance Program between the parties dated September 1, 2022 (“Agreement”).

The Parties agree as follows:

1. The term of the Agreement is extended to and including August 31, 2025.

2. Section 7 of the Agreement for the City Landscape Maintenance Program dated September 1, 2022, is deleted in its entirety and replaced with “Payment Clause” attached hereto as Exhibit “A”

3. Areas added in Exhibit “B” of this Agreement are in addition to the areas set forth in the original Agreement dated September 1, 2022.

4. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

CITY OF LANCASTER

LANCASTER, CALIFORNIA
By: ________________________________
Trolis Niebla, City Manager
Dated: ________________________________

CONTRACTOR

PARKWOOD LANDSCAPE MAINTENANCE
INC.

By: ________________________________
David Melito, President
Dated: ________________________________
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:
_______________________________
Department Head
EXHIBIT "A"
Effective September 1, 2024

PAYMENT CLAUSE

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to
CONTRACTOR for all work and services described in Scope of Services is not to exceed $1,999,328.23 for FY24/25.

CONTRACTOR’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” of the original contracted dated September 1, 2022.

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

STAFF REPORT
City of Lancaster
CC 9
08/27/2024
JC
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Assistant City Manager
Nicole Jones, Senior Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 40-164 (04-220) into Los Angeles County Waterworks District No. 40, Antelope Valley Recommendation:

Adopt the Tax Sharing Resolution for proposed Annexation No. 40-164 (04-220) into Los Angeles County Waterworks District No. 40, Antelope Valley. Direct the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

Fiscal Impact:

None.

Background:

The property owners within Annexation No. 40-164 (04-220) are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

Los Angeles County Waterworks District No. 40, Antelope Valley submitted a written request that the City of Lancaster consider a joint resolution which will reallocate the ad valorem tax revenues generated by the properties within the proposed annexation. These tax sharing resolutions will provide Los Angeles County Waterworks District No. 40 with property tax revenues, from the properties proposed for annexation into the District, for the benefit of bringing a new service into the annexed territory.

NJ/gb
Attachment:
1 4
3 9
Tax Sharing Resolution for Proposed Annexation No. 40-164 (04-220) into Los Angeles County Waterworks District No. 40

STAFF REPORT
City of Lancaster
CC 10
8/27/2024
TN
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Assistant City Manager
Nicole Jones, Senior Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 40-167 (04-223) into Los Angeles County Waterworks District No. 40, Antelope Valley Recommendation:

Adopt the Tax Sharing Resolution for proposed Annexation No. 40-167 (04-223) into Los Angeles County Waterworks District No. 40, Antelope Valley. Direct the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

The property owners within Annexation No. 40-167 (04-223) are requesting water service for their properties. Before water service can be provided, the properties must first be annexed into Los Angeles County Waterworks District No. 40. Additionally, before annexation may be approved, the agencies already providing services to the sites must negotiate reallocation of the ad valorem taxes within the District.

NJ/gb
Attachment:
1 7
5 6
Tax Sharing Resolution for Proposed Annexation No. 40-167 (04-223) into Los Angeles County Waterworks District No. 40

STAFF REPORT
City of Lancaster
CC 11
8/27/2024
TN
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Assistant City Manager
Nicole Jones, Senior Analyst - Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 14-450 into Los Angeles County Sanitation District No. 14
Recommendations:
a. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-450 into Los Angeles County Sanitation District No. 14.
b. Direct the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

The property owners have requested, in writing, annexation of property (Annexation No. 14- 450) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01).

NJ/gb
Attachment:
1 7
3 5
Tax Sharing Resolution for Proposed Annexation No. 14-450 into Los Angeles County Sanitation District No. 14

STAFF REPORT
City of Lancaster
CC 12
8/27/2024
TN
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Assistant City Manager
Nicole Jones, Senior Analyst – Community Development
Subject: Tax Sharing Resolution for Proposed Annexation No. 14-453 into Los Angeles County Sanitation District No. 14
Recommendations:
a. Adopt the Tax Sharing Resolution for proposed Annexation No. 14-453 into Los Angeles County Sanitation District No. 14.
b. Direct the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

The property owners have requested, in writing, annexation of property (Annexation No. 14- 453) into the County Sanitation District No. 14 (District) in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01).

NJ/gb
Attachment:
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Tax Sharing Resolution for Proposed Annexation No. 14-453 into Los Angeles County Sanitation District No. 14

STAFF REPORT
City of Lancaster
CC 13
8/27/2024
TN
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – PARCS
Patti Garibay, Assistant Director- Community Development Jason Palumbo, Assistant Manager – Community Development Gary Jones, Assistant Manager- PARCS
Subject: Award Contract for Request for Proposal 827-24 Tree Trimming Services to Tip Top Arborists, Inc.

Recommendation:

1. Award contract for Request for Proposal (RFP) 827-24 Tree Trimming Services to Tip Top Arborists, Inc. in an amount not to exceed $286,796 for tree trimming services for contract year one (September 1, 2024-June 30, 2025) and up to a maximum 5% Consumer Price Index (CPI) increase for the second and third contract years. The contract also provides two optional one-year extensions.

2. Find that this item is not a project under the California Environmental Quality Act.

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

G.C. Section 84308: No
Fiscal Impact:
$286,796 for the first year of the contract; funding sources include the General Fund, Landscape Maintenance District, and Lancaster Lighting Maintenance District. Funding breakdown follows. 421-26000-5755- Landscape Maintenance District $98,398 422-26000-5755- Lighting Maintenance District $98,398
101-63000-5755- Parks Maintenance $90,000
Additional years (contract years 2-3 and the two optional one-year extensions) will be budgeted for during the annual budget process and will include up to a 5% CPI increase on the prior year’s not to exceed amount.
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Background:

RFP (827-24) was issued on May 1, 2024, bids were received from five (5) companies. A committee comprised of staff from the Community Development and PARCS departments reviewed the bid submittals. Submittals were measured based on five (5) pre-identified criteria which included qualifications and experience, cost to provide services, completeness of proposal, references, and local preference. Based on these five (5) weighted criteria, Tip Top Arborists, Inc. was chosen to be one of two contractors who could provide the best service to the City.

JP/gj/sg

Attachment:

RFP 827-24 Tree Trimming Services Agreement _Tip Top Arborists Inc. - 2024

AGREEMENT FOR CITYWIDE TREE TRIMMING SERVICES
THIS AGREEMENT FOR CITYWIDE TREE TRIMMING SERVICES (this “AGREEMENT”) is made and entered into this 1st day of September 2024 by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and TIP TOP ARBORISTS, INC. (the “CONTRACTOR”).

RECITALS
WHEREAS, OWNER desires to engage CONTRACTOR to perform certain services, as provided herein, identified as:

RFP 827-24- CITYWIDE TREE TRIMMING SERVICES
WHEREAS, the principal members of CONTRACTOR are qualified and duly registered/licensed under the laws of the State of California, and CONTRACTOR desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:

1.Parties.

The parties to this AGREEMENT are:

OWNER: City of Lancaster.

CONTRACTOR: Tip Top Arborists, Inc

2.Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNERS Directors of Community Development & PARCS
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
CONTRACTOR James Lewandowski, President/CEO
Tip Top Arborists, Inc.

P.O. Box 2107
Lancaster, California 93539

3.Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.

4.Incorporation by Reference. The OWNER’S RFP 827-24 and the CONTRACTOR’S Proposal is hereby incorporated in and made a part of this AGREEMENT.

CONTRACTOR agrees to comply with all of the requirements set forth therein.

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

First: This AGREEMENT
Second: The OWNER’S RFP 827-24, all attachments, and all addenda Third: The CONTRACTOR’S Proposal

6.Description of Work. OWNER hereby engages CONTRACTOR, and CONTRACTOR accepts such engagement, to perform the maintenance services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONTRACTOR shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in the Scope of Services. The Community Development/PARCS Director or his or her designee shall have the right to review and inspect the work during its performance at such times as may be specified by the Community Development/PARCS Director, or his or her designee.

7.Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in the Scope of Services shall be paid at the rates included in the schedule of pricing, billed per the quantity of work actually completed. CONTRACTOR’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached hereto and made a part hereof. CONTRACTOR must request a CPI increase (not to increase more than 5%,) for the upcoming year, if option to renew is exercised, by July 1 prior to contract renewal.

8.Obligations of the CONTRACTOR.

A. CONTRACTOR shall perform as required by this AGREEMENT.

CONTRACTOR also warrants on behalf of itself, and all subcontractors engaged for the performance of this AGREEMENT.

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

9.Payment of Prevailing Wage.

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

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

Section 1777.5, as amended, requires the CONTRACTOR or subcontractor employing tradesmen in any apprentice able occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or (B) When the number of apprentices in training in the area exceeds a ratio of one to five; or
(C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (D) When the CONTRACTOR provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

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

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

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

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

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

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

12.Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Community Development or PARCS Director and CONTRACTOR.

13.Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age.

CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

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

15.Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONTRACTOR, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONTRACTOR fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or (2) If CONTRACTOR fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

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

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

D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 14.

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

17.Insurance.

A. The CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this AGREEMENT not less than the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide and that are admitted insurers in the State of California:

Commercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Broad Form Property Damage
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $5,000,000
Workers Compensation
As Required by the State of California Statutory
Limits
Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
B. Insurance shall be at least as broad as ISO form CG2010 11/85 or CG2010 10/01 and CG2037 10/01 covering Commercial General Liability. Commercial Automobile coverage shall be at least as broad as ISO form CA 00 01.

C. The CONTRACTOR’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insured’s liability.

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

E. Any deductibles or self-insurance retentions must be declared and approved by the OWNER. At the option of the OWNER, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

F. All insurance shall be primary and non-contributory as respects the OWNER insured entities. Any insurance or self-insurance maintained by the OWNER insured entities shall be in excess of the CONTRACTOR’S insurance and shall not contribute with it.

G. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the OWNER insured entities.

H. Insurance provided and maintained by CONTRACTOR must be placed with insurers with a rating of A-, VIII or better by Best’s Key Rating Guide, latest edition, and that are admitted insurers in the State of California.

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

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

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

L. Certificates of Insurance must be deposited with the OWNER for all coverage required by this contract. Certificates shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non- payment) by Certified Mail, return receipt requested to the OWNER.
(2) List in the “Descriptions of
Operations/Locations/Vehicles/Special Items” section:

RFP No. 827-24 – CITYWIDE TREE TRIMMING

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. (4) List in the “Cancellation” section:

Should any of the above- d e s c r i b e d policies be canceled before the expiration date thereof, the issuing company will mail 30 written notice (10 days written notice for non-payment) to the Certificate Holders named to the left.

M. CONTRACTOR shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor.

Subcontractors are subject to the same insurance requirements as the CONTRACTOR.

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

18.Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when the OWNER, acting by and through its Community development/PARCS Director or his or her designee, has issued the notice to proceed.

CONTRACTOR shall have no claim for compensation for any services or work which has not been authorized by the OWNER'S notice to proceed.

19.Data Provided to CONTRACTOR. OWNER shall provide to CONTRACTOR, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in the Scope of Services.

20.CONTRACTOR's Warranties and Representations. CONTRACTOR warrants and represents to OWNER as follows:

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

B. CONTRACTOR has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONTRACTOR has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONTRACTOR has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

21.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.

22.Exhibits.

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

Exhibit "A" Scope of Services
Exhibit “B” Term & Payment Clause

23.Governing Law.

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

24.Effective Date.

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

Exhibit A
Scope of Work
Tree Trimming Services
The Tree Trimming Contractor (hereinafter called the "Contractor") will recognize and perform in accordance with all stated intents, specifications, and stipulations contained or reference herein. Each bidder will be responsible for researching the existing conditions and matters that affect the cost or performance of the services.

The Contractor shall perform tree trimming and maintenance, general arborists services, and GPS inventory management in accordance with the statement of work described herein and all applicable governing standards. The work performed to service tree maintenance pertaining to this contract is routine, perpetual, and typical. Tree trimming will take place over a twelve (12) month period.

Contractor will be expected to be available for daily trims during the contract year.

The Tree Trimming Contractor will furnish all labor, equipment, tools, services, skills, etc., required to service the trees throughout the contract period. Trimming of trees will be on an as needed basis to include but not be limited to trimming, removals, planting, stump grinds, section trims, line clearing, emergency tree work and right of way clearing.

The intent is to maintain a safe and healthy appearance of the City of Lancaster's Parks and Facilities, City Right of Ways, and City Landscape Maintenance Areas as determined by the City of Lancaster.

The Contractor will maintain such appearance to the satisfaction of the City. Any discrepancies in the understanding of this clause will be resolved in a manner as determined by the City of Lancaster.

The basic daily hours of maintenance service shall be from 7:00 a.m. to 4:30 p.m., Monday through Friday. No maintenance functions that generate excessive noise shall be commenced before 8:00 a.m.

Any work performed on parkways and medians, or where traffic control is required, shall not commence before 9:00 a.m., and shall terminate no later than 3:00 p.m. The Contractor shall provide adequate staffing and any necessary traffic control permits to perform the required services.

All contractors' employees shall wear similar uniforms showing the first name of the employee and the name of the company. High visibility vests and/or shirts shall always be worn. If the City feels that improper clothing is being worn, the supervisor will be instructed to make the necessary changes.

All vehicles used by the contractor shall have the company name visible on the vehicle. The logo shall be consistent on all vehicles. Vehicles should be clean, properly maintained, and present an appropriate image to the public.

Tree Maintenance
All tree pruning shall comply with good arboriculture practices for the species of tree being trimmed and shall follow ANSI A300 standards. T h e C o n t r a c t o r s h a l l a l s o m e e t t h e r e q u i r e m e n t s o f t h e A m e r i c a n N a t i o n a l S t a n d a r d s , Z 1 3 3 - 1 - 2 0 0 6 , e n t i t l e d “ S a f e t y R e q u i r e m e n t s f o r A r b o r i c u l t u r a l O p e r a t i o n . ” p u b l i s h e d b y t h e A m e r i c a n N a t i o n a l S t a n d a r d I n s t i t u t e , I n c . , 1 4 3 0 B r o a d w a y , N e w Y o r k , 1 0 0 1 8 . The City shall determine if the contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the standards.
.

Tree Removal
Any tree with half (1/2) or more of its total foliage mass dead or dying should be brought to the attention of the City and removed as directed. Careful analysis should be made of site or maintenance conditions which caused or contributed to the tree's decline. Any detrimental site condition that can be corrected should be accomplished prior to installing any replacement tree.
1) Tree Removal Requirements: Trees should be removed in a safe manner and stumps should be ground to a minimum of eighteen inches (18") below finish grade, unless the tree is being replaced, in which case stamp shall be removed completely. Excess wood chips from stump grinding should be removed and the cavity void backfilled with topsoil at ground level. The topsoil placed in the cavity should be prepared, compacted, and fine graded suitable for replanting. Any drainage component, irrigation equipment item, or construction feature that was damaged by the tree removal process shall be repaired or replaced.

Tree Planting
Planting includes the tree, stakes, V.I.T. twist braces, and complete installation and watering at the time of installation. Contractor will guarantee the quality of the tree stack and the workmanship for a period of no less than 3 months.

Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, the contractor shall examine the root ball for injured roots and the canopy for broken branches.

Depth shall be until sandy soil is reached or a minimum of 4’. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.

The tree shall be placed in the planting pit with its original growing level at the same height of the surrounding finish grade. In grass-covered areas, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of concrete.

All trees shall be staked with three (3) wooded lodge poles and two V.I.T. twist braces per pole. Minimum size of lodge poles should be ten (10’) feet long, with a one and a half (1 ½”) inch diameter. Stakes shall not penetrate root ball and shall be driven into the ground approximately twenty-four to thirty (24” to 30”) inches below grade.

In some cases, root barriers may be required. The City will make the determination. Should a root barrier be required, the contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages hardscapes and creates hazards.

All trees shall be of good nursery stock that adheres to the City of Lancaster approved planting list. Trees shall be free from pests, disease, and structural defects.

Emergency Response
The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms, high winds, or other reasons. Emergency calls may occur at any given time. The Contractor will be provided the location and the work to be done at each location via telephone from a City authorized representative.

Emergency work crew shall be on site within one (1) hour of the initial telephone call.

Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of the contract. Should the contract persons or their numbers change during the contract, those changes shall be submitted to the City withing two (2) working days.

Contractor shall be required to provide all necessary traffic control during the emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.

Work performed under the emergency provision of this contract may be paid for on a crew hour basis. This shall include all labor, tools, equipment, disposal fees, and all necessary materials.

Operational Guidelines
1) The Contractor shall always maintain coordination with specific Project Managers. Either party may request and be granted a conference upon request within two (2) working days of the request. 2) No storage or service of equipment shall take place on City Property. 3) All green waste generated from this contract shall be recycled. All green waste generated shall be recycled in compliance with City and State regulations.

Performance Standards
1) The City reserves the right to audit the performance of the Contractor and operators of equipment at any time.
2) The City's Project Manager or approved City personnel may perform inspections of City sites upon receipt of notification that service has been completed. Performance shall be measured against the specifications contained herein to ensure City standards for quality are met. Quality standards shall be at the discretion of the Project Manager.

Equipment
1) The Contractor shall furnish equipment of a type and quantity to perform the work satisfactory. If, in the opinion of the Project Manager, the Contractor has insufficient equipment on the job to satisfactorily complete the work within the required time, the Contractor shall immediately provide additional equipment as directed by the Project Manager. 2) The. City reserves the right to inspect all equipment before it is placed in or while it is in service. If at any time, the Project Manager determines that any equipment is deficient in any way, the Contractor shall remove the equipment from service immediately, and the equipment shall remain out of service until the deficiency is corrected to the satisfaction of the Project manager.

Inspection and approval of the Contractor's equipment by the Project Manager shall not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the operation of the Contractor's equipment.
3) As a minimum, all equipment operated on a roadway shall be legally equipped and marked.

Contractor is responsible for determining legal requirements.

Damages
All damage incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense.

I) Irrigation system damage such as damage to sprinkler heads, valves, valve boxes, controllers, and so on, shall be repaired or replaced within one watering cycle. 2) All damage to shrubs, trees, turf, or groundcover shall be repaired or replaced within five (5) working days.
3) Minor damage to shrubbery may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the damaged shrub. The assessment of the damage will be at the discretion of the City.
4) All damage caused to components of the sites such as pumps, pump houses, doors, drainage structures, walkways, fence, light fixtures, and so on, from accidents or cumulative effects of incidents caused by the Contractor's staff shall be immediately corrected at the Contractor's expense.
5) Should the Contractor fail to provide for repairs or replacements from damages within the aforementioned time specifications, the City may undertake repairs or replacements on its own and subtract costs incurred from the monthly payment.

Damage by Others
The Contractor shall provide the City with an accident damage report including labor costs, equipment costs, and material costs whenever there are damages due to acts of God, vandalism, vehicular accidents, or whenever any damage occurs in areas maintained under this contract.

Communication
The Contractor's facility and the lead person shall be equipped with a two-way radio or cell phone for dispatching purposes, answering emergency calls, and to communicate with the City during the workday. One (1) person shall speak fluent English on each crew.

GPS Tree Inventory Scope of Work
The City shall provide the most up-to-date GPS inventory data to the Contractor upon award of contract. City will pay for and contract “Arbor Pro” as its GPS inventory and data collection service. The City, at its expense, will maintain a yearly subscription to Arbor Pro. City and Contractor will use Arbor Pro for work orders pertaining to tree trimming services. The city will require the contractor to update Arbor Pro daily, so that the most accurate tree information is available when needed. Contractors will be expected to have general knowledge of Arbor Pro or the ability to get the necessary training to accurately utilize the tree management system. Smart device for field record keeping will be supplied by Contractor. Attributes to be updated by Contractor may include, but not limited to:
Tree Number
City District/Grid/Parks/Open Spaces
Street
Location by Address
Location by GIS
Species by Botanical Name and Common Name
Tree Diameter
Tree Height
Tree condition
Tree Dollar Value
Recommended Maintenance
Existing Overhead Utilities
Parkway Size
Parkway Type
Sidewalk Damage
EXHIBIT “B”

TERM AND PAYMENT
Term. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the contractor. This Agreement shall continue in full force and effect for a period of thirty four (34) months, with two additional one (1) year renewal options from the effective date of the Agreement (“the term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement; provide, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement.

Payment. The City of Lancaster shall reimburse the CONTRACTOR for the actual costs, including labor costs and employee benefits incurred by the CONTRACTOR in performance of the work, in an amount not to exceed the rates identified herein. Actual costs shall not exceed the estimated wage rates and other costs as set forth in this Agreement. Source documentation supporting billed costs must be submitted with the invoice. CONTRACTOR shall provide a cost breakdown with hourly rates for each office and field function in the event the additional work is required beyond the not to exceed fee specified above. Any additional work will require a separate Authorization for CONTRACTOR Services signed by both parties.

The total compensation to be paid by OWNER to CONTRACTOR for all work and services described is not to exceed $277,425 for Year One (FY24/25) and additional years will have the option for up to a 5% CPI increase on the prior year’s not to exceed amount.

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

RATES

Service Requested

Cost Per Tree
Cost Per Tree
Section
Trims $ 116.00 $ 98.00
Line Clearing $ 98.00 $ 88.00
Right of Way Clearing $ 85.00 $ 80.00
Removal DBH < 12” $ 485.00 $ 385.87
Removal DBH 13”-24” $ 825.00 $ 725.00
Removal DBH > 24” $ 1,100.00 $ 985.00
Planting 15 gallon $ 285.00 $ 231.52
Planting 24” Box $ 425.00 $ 358.31
Planting 36” Box $ 975.00 $ 882.00
Stump Grind Hourly Rate $ 121.27 $ 121.27
Emergency Removal < 12” Each Tree $ 525.00 $ 400.00
Emergency Removal 13” – 24” Each Tree $ 875.00 $ 800.00 Emergency Removal > 24” Each Tree $ 1,350.00 $ 1,100.00 Emergency Tree Work: Per Hour Charge
*Response Includes 1 Aerial Lift Boom Truck w/Chipper
and 3-man crew (4 Hour minimum)
$ 385.00 $ 385.00
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed a n d attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER

LANCASTER, CALIFORNIA
By:

Trolis Niebla, City Manager
Date:

TIP TOP ARBORISTS
By:

James Lewandowski, President/CEO
Date:

ATTEST:

Andrea Alexander, City Clerk
APPROVED AS TO FORM:

Allison E Burns, City Attorney
CONTRACT SUBMISSION APPROVAL:

Patti Garibay, Community Development Assistant Director Sonya Patterson, Parks, Arts, Recreation, and Community Services Director

STAFF REPORT
City of Lancaster
CC 14
8/27/2024
TN
Date: August 27, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – PARCS
Patti Garibay, Assistant Director- Community Development Jason Palumbo, Assistant Manager – Community Development Gary Jones, Assistant Manager- PARCS
Subject: Award Contract for Request for Proposal 827-24 Tree Trimming Services to West Coast Arborists, Inc.

Recommendation:

1. Award contract for Request for Proposal (RFP) 827-24 Tree Trimming Services to West Coast Arborists, Inc. in an amount not to exceed $275,515 for tree trimming services for contract year one (September 1, 2024-June 30, 2025) and up to a maximum 5% Consumer Price Index (CPI) increase for the second and third contract years. The contract also provides two (2) optional one-year extensions.

2. Find that this item is not a project under the California Environmental Quality Act.

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

G.C. Section 84308: No
Fiscal Impact:
$275,515 for the first year of the contract; sole funding source is the General Fund. Funding breakdown follows. • 101-26000-5755 - Right-of-Way Additional years (contract years 2-3 and the two optional one-year extensions) will be budgeted for during the annual budget process and will include up to a 5% CPI increase on the prior year’s not to exceed amount.

Background:

The City of Lancaster with vendor support maintains an Urban Forest consisting of over 20,000 trees. Services covered through this contract include trimming, planting, and removal of trees located in the City’s easement/right-of-way, on main thoroughfares, within parks, and in maintenance districts throughout the City.
1 7
6 0
RFP (827-24) was issued on May 1, 2024, bids were received from five (5) companies. A committee comprised of staff from the Community Development and PARCS departments reviewed the bid submittals. Submittals were measured based on five (5) pre-identified criteria which included qualifications and experience, cost to provide services, completeness of proposal, references, and local preference. Based on these five (5) weighted criteria, West Coast Arborists, Inc. was chosen to be one of two contractors who could provide the best service to the City.

JP/gj/sg
Attachment:

RFP 827-24 Tree Trimming Services Agreement_West Coast Arborists, Inc. - 2024

AGREEMENT FOR CITYWIDE TREE TRIMMING SERVICES
THIS AGREEMENT FOR CITYWIDE TREE TRIMMING SERVICES (this “AGREEMENT”) is made and entered into this 1 st day of September 2024 by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and WEST COAST ARBORISTS, INC. (the “CONTRACTOR”).

RECITALS
WHEREAS, OWNER desires to engage CONTRACTOR to perform certain services, as provided herein, identified as:

NOW, THEREFORE, the parties agree as follows:

1.Parties.

The parties to this AGREEMENT are:

OWNER: City of Lancaster.

CONTRACTOR: West Coast Arborists, Inc

OWNERS Directors of Community Development & PARCS
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
CONTRACTOR Patrick Mahoney, President
West Coast Arborists, Inc.
2200 E Via Burton Street
Anaheim, California 92806

4.Incorporation by Reference. The OWNER’S RFP 827-24 and the CONTRACTOR’S Proposal is hereby incorporated in and made a part of this AGREEMENT.

CONTRACTOR agrees to comply with all of the requirements set forth therein.

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

First: This AGREEMENT
Second: The OWNER’S RFP 827-24, all attachments, and all addenda Third: The CONTRACTOR’S Proposal

7.Obligations of the OWNER.

8.Obligations of the CONTRACTOR.

A. CONTRACTOR shall perform as required by this AGREEMENT.

CONTRACTOR also warrants on behalf of itself, and all subcontractors engaged for the performance of this AGREEMENT.

9.Payment of Prevailing Wage.

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

13.Non-Discrimination and Equal Employment Opportunity.

15.Termination for Cause.

17.Insurance.

C. The CONTRACTOR’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insured’s liability.

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

G. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the OWNER insured entities.

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

RFP No. 827-24 – CITYWIDE TREE TRIMMING

SERVICES
City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.
(3) List in the “Certificate Holder” section: