Tuesday, February 11, 2025
Regular Meeting –
1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:30 p.m. on
February 7, 2025
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 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, 02/11/2025
~ 1 ~
AGENDA ITEMS TO BE REMOVED
Sometimes
it
is
necessary
to
remove
items
from
the
agenda.
We
apologize
for
any
inconvenience
this
may cause you.
PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED
ITEMS
Any
person
who
would
like
to
address
the
Legislative
Bodies
on
any
agendized
item
is
requested
to
complete
a
speaker
card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
agenda
item
you
would
like
to
discuss.
Each
person
will
be
given
an
opportunity
to
address
the
Legislative
Body
at
the
time
such
item
is
discussed.
Speaker
cards
are
available
at
the
rear
of
the
Council
Chambers
and
your
speaker
card
must
be
filled
out
prior
to
the
agenda
item
being
called.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
Individual speakers are limited to three (3) minutes each.
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties
to
any
proceeding
involving
a
license,
permit,
or
other
entitlement
for
use
pending
before
the
City
Council
must
disclose
any
campaign
contribution
over
$250
(aggregated)
within
the
preceding
12 months
made
by
the
party,
their
agent,
and
those
required
to
be
aggregated
with
their
contributions
under
Gov.
Code
Section
82015.5.
The
disclosure
must
include
the
amount
contributed
and
the
name(s)
of
the
contributor(s).
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
“G.C.
Section
84308:
Yes”
on
this
agenda
indicates
that
the item is subject to these regulations.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/11/2025
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COUNCIL ACTIONS
CONSENT CALENDAR
CALL TO ORDER
City Council/Successor Agency/Financing/Power Authority
ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
James Gibson, Grace Chapel
PLEDGE OF ALLEGIANCE
CC 1.
Waive
further
reading
of
any
proposed
ordinance.
(This
permits
reading
the
title
only
in
lieu
of reciting the entire text.)
CC 2.
Approve
the
City
Council/Successor
Agency/Financing/Power
Authority
Regular
Meeting
Minutes of January 28, 2025.
CC 3.
Check Registers – January 15, through January 25, 2025.
Recommendation:
Approve
the
Check
and
Wire
Registers
for
payments
made
January
15,
2025,
through
January 25, 2025, in the amount of $4,951,641.26 as presented.
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.
CC 4.
Final
Map
Approval
–
Parcel
Map
No.
74904
(Located
on
the
Southwest
Corner
of
30th
Street East and Avenue K-8)
Recommendation:
Approve
the
map
and
accept
the
dedications
as
offered
on
Parcel
Map
No.
74904
located
on
the
southwest
corner
of
30 Street
East
and
Avenue
K-8
;
make
findings
that
this
project
will
not
violate
any
of
the
provisions
of
Sections
66473.5,
66474.1
and
66474.6
of
the
Subdivision
Map
Act;
and
instruct
the
City
Clerk
to
endorse
on
the
face
of
the
map
the
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/11/2025
~ 3 ~
certificate which embodies the approval of said map and the dedications shown thereon.
On
May
15,
2017,
the
City
of
Lancaster
Planning
Commission
approved
Tentative
Parcel
Map
No.
74904
for
the
subdivision
of
four
residential
parcels
in
the
Rural
Residential
(RR-
2.5) zone.
CC 5.
Final
Map
Approval
–
Tract
Map
No.
061817-02
(Located
on
the
northeast
corner
of
Avenue
H-8 and 15th Street East)
Recommendation:
Approve
the
map
and
accept
the
dedications
as
offered
on
Tract
Map
No.
061817-02
located
on
the
northeast
corner
of
Avenue
H-8
and
15 Street
East
;
make
findings
that
this
project
will
not
violate
any
of
the
provisions
of
Sections
66473.5,
66474.1,
and
66474.6
of
the
Subdivision
Map
Act;
and
instruct
the
City
Clerk
to
endorse
on
the
face
of
the
map
the
certificate which embodies the approval of said map and the dedications shown thereon.
On
December
19,
2005,
the
City
of
Lancaster
Planning
Commission
approved
Tentative
Tract
Map
No.
061817.
The
Planning
Commission
granted
an
extension
on
January
28,
2008,
and
four
automatic
time
extensions
thereafter.
An
additional
one-year
extension
was
granted
that
expired
on
December
19,
2016.
The
vesting
Tentative
Tract
Map
061817
was
refiled
on
May
28,
2021,
and
approved
on
March
21,
2022.
Phasing
of
the
map
was
approved
on May 25, 2023.
CC 6.
Approval
of
the
2024
Annual
Report
for
the
Downtown
Lancaster
Property
and
Business
Improvement District
Recommendation:
Approve
the
Downtown
Lancaster
Property
and
Business
Improvement
District
(PBID)
Annual Report for 2024 submitted by The BLVD Association.
In
July
2013,
with
the
support
of
more
than
73%
of
downtown
property
owners,
the
Lancaster
City
Council
established
the
Downtown
Lancaster
PBID.
The
PBID
was
subsequently
renewed
in
2018
for
another
five
year
term
and
in
2023
for
a
ten
year
term.
The
creation
of
the
PBID
established
a
funding
mechanism
which
generates
approximately
$330,000.00 annually.
CC 7.
Ordinance
No.____
to
the
Lancaster
Municipal
Code
approving
the
Lancaster
Police
Department’s Military Equipment Use Policy
Recommendation:
Adopt
Ordinance
No.
1125
to
the
Lancaster
Municipal
Code
approving
the
Lancaster
Police
Department’s Military Equipment Use Policy.
Governor
Newsom
signed
Assembly
Bill
481
on
September
30,
2021,
which
aims
to
regulate
the
financing,
procurement,
and
utilization
of
"military
equipment"
by
law
enforcement
agencies
in
California.
AB
481
is
a
state
requirement
that
all
agencies
disclose
the
purchase
or
intent
to
purchase
certain
listed
equipment
available
to
Law
Enforcement
agencies
from
the
federal
government
as
military
surplus.
The
Lancaster
Police
Department
is
required
to
seek
City
Council
approval
of
their
military
equipment
use
procedure
by
ordinance
at
a
regular
open
meeting.
AB
481
allows
the
governing
body
to
approve
funding,
acquisition,
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/11/2025
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NEW BUSINESS
COUNCIL REPORTS
and use of military equipment within its jurisdiction.
NB1.
Adding
Chapter
9.52 to
the
Lancaster
Municipal
Code
Relating
to
Public
Access
to
Health
Care Facilities, Places of Worship, and Schools
Recommendation:
Introduce
Ordinance
No.
XXX,
adding
Chapter
9.52 to
the
Lancaster
Municipal
Code
relating to public access to health care facilities, houses of worship, and schools.
The
City
has
received
reports
of
disruptive
protests
near
houses
of
worship,
which
have
impacted
individuals
ability
to
safely
and
peacefully
access
these
locations.
Such
protests
can
cause
safety
concerns,
traffic
issues,
and
emotional
distress
to
individuals
seeking
services,
attending worship, or engaging in education.
NB2.
Purchase of InterTalk Radio Dispatch Consoles
Recommendation:
1. Approve
the
contract
with
COMMLINE
Inc.
in
substantially
the
form
attached
to
provide
effective responsive communications for the Lancaster Police Department.
2. Authorize
the
City
Manager,
or
his
designee,
to
pay
invoices
and
to
execute
all
contracts
and associated documents.
The
Lancaster
Police
Department
has
a
need
for
effective
and
responsive
communications
with
LPD
officers
and
City
Staff.
This
need
is
best
met
with
InterTalk
Systems
Enlite
radio
dispatch consoles.
CR1.
Council Reports
LANCASTER HOUSING AUTHORITY
No action required at this time.
LANCASTER FINANCING AUTHORITY
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/11/2025
~ 5 ~
No action required at this time.
LANCASTER POWER AUTHORITY
No action required at this time.
LANCASTER SUCCESSOR AGENCY
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item
NOT ON THE AGENDA
regarding City/Agency/Authority business and speaker cards must be submitted
prior
to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. State law prohibits the Legislative Body from taking action on items not on the agenda and your matter may be referred to the City Manager/Executive Director.
Individual
Speakers are limited to three (3) minutes each unless a different time limit is announced.
CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
CLOSED SESSION
1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - 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
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/11/2025
~ 6 ~
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
ADJOURNMENT
Next Regular Meeting:
February 25, 2025 at 1:30 PM
MEETING ASSISTANCE INFORMATION
In
compliance
with
the
Americans
with
Disabilities
Act,
this
meeting
will
be
held
at
a
location
accessible
to
persons
with
disabilities;
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk
at
(661)723-6020.
Services
such
as
American
Sign
Language
interpreters,
a
reader
during
the
meeting,
and/or
large
copies
of
the
agenda
are
available.
To
ensure
availability,
you
are
advised
to
make
your
request
at
least
72 hours
prior
to
the
meeting/event
you
wish
to
attend.
Due
to
difficulties
in
securing
sign
language
interpreters,
five
or
more
business
days
notice
is
strongly
recommended.
For
additional
information,
please
contact
the
City
Clerk
at
(661)723-6020.
AGENDA ADDENDUM INFORMATION
On
occasion
items
may
be
added
after
the
agenda
has
been
mailed
to
subscribers.
Copies
of
the
agenda
addendum
item
will
be
available
at
the
City
Clerk
Department
and
are
posted
with
the
agenda
on
the
windows
of
the
City
Council
Chambers.
For
more
information,
please
call
the
City
Clerk
Department at (661) 723-6020.
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/11/2025
~ 7 ~
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, 02/11/2025
~ 8 ~
STAFF REPORT
City of Lancaster
CC 3
2/11/2025
TN
Date:February 11, 2025
To: Mayor Parris and City Council Members
From:George N. Harris II, Senior Director/Treasurer-Admin Services Subject:Check Registers – January 15, through January 25, 2025.
Recommendation:
Approve the Check and Wire Registers for payments made January 15, 2025, through January 25, 2025, in the amount of $4,951,641.26 as presented.
G.C. Section 84308: No
Fiscal Impact:
$4,951,641.26 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.: 7456599-7456857 $ 4,820,029.76
ACH/Wire Check Nos.: 101012069-101012070 $ 131,611.50
$ 4,951,641.26
Voided Check No.: N/A
Voided ACH/Wire No.: N/A
Attachment:
Check Register
ACH/Wire Register
STAFF REPORT
City of Lancaster
CC 4
2/11/2025
TN
Date: February 11, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Nicholas Godin, Assistant Director - PW City Engineering Subject: Final Map Approval – Parcel Map No. 74904 (Located on the Southwest Corner of 30th Street East and Avenue K-8)
Recommendation:
Approve the map and accept the dedications as offered on Parcel Map No. 74904 located on the southwest corner of 30 th Street East and Avenue K-8; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
G.C. Section 84308: No
Fiscal Impact:
None.
Background:
On May 15, 2017, the City of Lancaster Planning Commission approved Tentative Parcel Map No. 74904 for the subdivision of four residential parcels in the Rural Residential (RR-2.5) zone.
On April 3, 2024, City of Lancaster Community Development Department approved Tentative Map Modification No. 24-001 to reconfigure the four residential parcels for Tentative Parcel Map (TPM) No. 74904. The expiration date of this map modification is in accordance with the phasing plan approved by the City for Conditional Use Permit No. 12-06 and TPM 74904.
The Final Map is in substantial conformance with the approved and modified TPM No.74904, has been examined by the City Surveyor, and is ready for the City Council’s approval. In addition, all found and proposed monuments and ties have been set and inspected.
SC:ew
1 9
3 7
Attachment:
Vicinity Map
STAFF REPORT
City of Lancaster
CC 5
2/11/2025
TN
Date: February 11, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Nicholas Godin, Assistant Director - PW City Engineering Subject: Final Map Approval – Tract Map No. 061817-02 (Located on the northeast corner of Avenue H-8 and 15th Street East)
Recommendation:
Approve the map and accept the dedications as offered on Tract Map No. 061817-02 located on the northeast corner of Avenue H-8 and 15 th Street East; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
G.C. Section 84308: No
Fiscal Impact:
None.
Background:
On December 19, 2005, the City of Lancaster Planning Commission approved Tentative Tract Map No. 061817. The Planning Commission granted an extension on January 28, 2008, and four automatic time extensions thereafter. An additional one-year extension was granted that expired on December 19, 2016. The vesting Tentative Tract Map 061817 was refiled on May 28, 2021, and approved on March 21, 2022. Phasing of the map was approved on May 25, 2023.
The Final Map is in substantial conformance with the approved tentative map and phasing matrix.
Tract Map No. 061817-02 has been examined by the City Surveyor and is ready for Council approval. In addition, an Undertaking Agreement has been executed and Improvement Securities have been collected to guarantee the installation of improvements.
SC:ew
1 9
4 0
Attachment:
Vicinity Map
STAFF REPORT
City of Lancaster
CC 6
2/11/2025
TN
Date: February 11, 2025
To: Mayor Parris and City Council Members
From: Patti Garibay, Director – Community Development
Nicole Jones, Senior Analyst – Community Development
Subject: Approval of the 2024 Annual Report for the Downtown Lancaster Property and Business Improvement District
Recommendation:
Approve the Downtown Lancaster Property and Business Improvement District (PBID) Annual Report for 2024 submitted by The BLVD Association.
G.C. Section 84308: No
Fiscal Impact:
None.
Background:
In July 2013, with the support of more than 73% of downtown property owners, the Lancaster City Council established the Downtown Lancaster PBID. The PBID was subsequently renewed in 2018 for another five (5) year term and in 2023 for a ten (10) year term. The creation of the PBID established a funding mechanism which generates approximately $330,000 annually. These funds are utilized by The BLVD Association to create a more vibrant downtown and help its member businesses thrive. Funds are allocated in three major categories: Clean & Safe, Marketing & Promotions, and Administration & Advocacy. Each year, the BLVD Association is required to submit an annual report of its activities.
Clean & Safe
In 2024, The BLVD Association’s Clean & Safe Committee continued its focus on maintenance and security services in the form of Clean Teams and The BLVD Ambassadors. Two Clean Teams from local nonprofit Desert Haven Enterprises continue to conduct cleanup and beautification efforts throughout the downtown district weekly to ensure the general cleanliness and aesthetic appeal of The BLVD. The Association has also contracted with Streetplus to continue The BLVD Ambassadors Program, a private security and ambassador program for the downtown 1 9
4 2
district.
Marketing & Promotions
The Association continued a variety of marketing efforts to attract patrons to the downtown area in 2024. Advertising efforts encompassed social media and the web. The Association also participated in several special events, ranging from the City’s Farmers’ Market, the Tour De Luke, and annual events such as the City’s Magical BLVD Christmas.
Administration & Advocacy
The third component of the PBID budget and governance is Administration & Advocacy. This category encompasses the administration of Clean & Safe and Marketing & Promotions programs, as well as community involvement and representation.
NJ/gb
Attachment:
The BLVD Association 2024 Annual Report
5 0
4 5
ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LANCASTER APPROVING THE LANCASTER POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 generally requires that (a) a law enforcement agency prepare a publicly released, written, military equipment use policy document prior to acquiring, using, and/or taking certain other action concerning military equipment, (b) the policy be approved by an ordinance of the law enforcement agency’s governing body, and (c) the policy be reviewed annually; and WHEREAS, the Lancaster Police Department’s Military Equipment Use Policy (“MEUP”) is attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the MEUP meets the requirements of AB 481; and WHEREAS, the City Council finds and determines it to be in the best interest of the City to approve the Lancaster Police Department’s MEUP; and
WHEREAS, this Ordinance must take effect immediately as an urgency ordinance to preserve the public peace, health and safety.
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. The City Council makes the following required findings in compliance with AB 481 (Cal. Gov. Code § 7071(d)(1)) as to the attached MEUP:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed MEUP will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(c) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 3. The City Council hereby approves the MEUP.
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Section 4. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
Section 5. 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 of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 6. This Ordinance is hereby declared an urgency measure pursuant to section 36937(b) of the California Government Code and shall be effective immediately upon adoption by a four-fifth (4/5th) vote of the City Council.
Section 7. 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. 5 0
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I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2025, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2025, 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
2/11/2025
TN
Date: February 11, 2025
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
Subject: Ordinance No.____ to the Lancaster Municipal Code approving the Lancaster Police Department’s Military Equipment Use Policy
Recommendation:
Adopt Ordinance No.____ to the Lancaster Municipal Code approving the Lancaster Police Department’s Military Equipment Use Policy.
G.C. Section 84308: No
Fiscal Impact:
$20,328; Sufficient funds are available in account 10131000.5351.
Background:
Governor Newsom signed Assembly Bill 481 on September 30, 2021, which aims to regulate the financing, procurement, and utilization of "military equipment" by law enforcement agencies in California. AB 48 is a state requirement that all agencies disclose the purchase or intend to purchase certain listed equipment available to Law Enforcement agencies from the federal government as military surplus. The Lancaster Police Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting. AB 481 allows the governing body to approve funding, acquisition, and use of military equipment within its jurisdiction if it determines that the military equipment meets specific standards.
This ordinance is a necessary step to allow Lancaster Police Department to have a process for approval and acquisition of mainstream equipment used in modern use by police departments throughout the nation.
At the Lancaster City Council meeting held on January 28, 2025, the City Council approved the introduction of Ordinance No. 1125 to the Lancaster Municipal Code approving the Lancaster 1 9
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Police Department’s Military Equipment Use Policy, by the following vote: 5-0-0-0; AYES:
Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None.
Attachment:
Ordinance
LPD Military Equipment Policy 706
Copyright Lexipol, LLC 2023/11/01, All Rights Reserved.
Published with permission by Lancaster Department of
Public Safety
***DRAFT***
Military Equipment - 558
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Policy
706
Lancaster Department of Public Safety
Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Lancaster Department of Public Safety
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/11/01, All Rights Reserved.
Published with permission by Lancaster Department of
Public Safety
***DRAFT***
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706.2 POLICY
State
It is the policy of the Lancaster Department of Public Safety that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Lancaster Department of Public Safety (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
State
The following constitutes a list of qualifying equipment for the Department:
Unmanned Aerial System / Drone – DJI Matrice 30T
Unmanned Aerial System / Drone – DJI Mavic 3 Enterprise Lancaster Department of Public Safety
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/11/01, All Rights Reserved.
Published with permission by Lancaster Department of
Public Safety
***DRAFT***
Military Equipment - 560
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706.5 APPROVAL
State
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior
to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
Lancaster Department of Public Safety
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/11/01, All Rights Reserved.
Published with permission by Lancaster Department of
Public Safety
***DRAFT***
Military Equipment - 561
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to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Lancaster Police Department Military Equipment Inventory
Updated 1/24
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Equipment Type: Unmanned Aerial Systems (UAS)/Drones
Equipment Name: DJI Matrice 30T
Quantity Owned: One (1)
Quantity Sought: Zero
Manufacturer Product Description:
The DJI MATRICE 30 Series is a powerful industrial drone platform with a multi-redundancy flight controller system, 6 directional sensing and positioning system, precise three-axis gimbal, high-performance multi- camera load, and a new FPV camera with night vision. The DJI Pilot 2 app can be used to observe the real-time view from the cameras and take photos and videos. The aircraft boasts a flight time of up to 41 minutes thanks to the advanced power management system along with the dual batteries that ensure power supply and enhance flight safety. Its airframe design gives it an IP55 rating, in accordance with the global IEC 60529 standard, which effectively guarantees flight in all weather. The mechanical design, along with mounted folding arms and propellers, makes it easy to transport and store. The arms can be locked directly after unfolding, which can reduce the time needed to prepare for flight. The aircraft is also equipped with a PSDK port so users can broaden its applications. The built-in DJI AirSense system detects nearby aircraft in the surrounding airspace, providing alerts in the DJI Pilot 2 app to ensure safety. Safety during takeoff, flight, and landing are improved with the safety beacons that help to identify the aircraft during flight and the auxiliary lights allow the vision positioning system to achieve an even greater performance at night or when there is low light. The built-in RTK provides more accurate navigational data for positioning to meet accurate operation requirements and ensure safety.
Lifespan: Approximately 4 years.
Purposes/Authorized Uses:
UAS may be utilized in law enforcement activities to enhance the department’s mission of protecting lives and property, crime prevention, and enhancing public safety by providing aerial support and assistance to personnel.
Only assigned operators who have completed the required training shall be permitted to operate the Unmanned Aircraft Systems (UAS). .
Fiscal Impact:
Intial cost: $14,700
Annual Maintenance cost: $1500
Legal/Procedural Rules Governing Use:
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the City of Lancaster UAS policy. It is the policy of the City of Lancaster to utilize UAS in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.
Training Required:
All UAS/Drone operators shall complete training and certification to receive an FAA Remote Pilot License as well as any training as required by the Lancaster Police Department in the care, use, or management of the UAS/Drone.
Other Notes:
None.
Lancaster Police Department Military Equipment Inventory
Updated 1/24
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Equipment Type: Unmanned Aerial Systems (UAS)/Drones
Equipment Name: DJI Mavic 3 Enterprise
Quantity Owned: One (1)
Quantity Sought: Zero
Manufacturer Product Description:
The DJI Mavic 3 Enterprise features a powerful camera system that includes a 20-megapixel sensor capable of shooting 4K video at up to 60 frames per second. Additionally, the drone is equipped with a long-range transmission system, which allows it to transmit real-time video and data over distances of up to 15 kilometers.
In addition to its advanced imaging capabilities, the DJI Mavic 3 Enterprise also includes a range of safety features that make it ideal for commercial and industrial use. These features include obstacle avoidance sensors, which help the drone to avoid collisions with obstacles such as trees, buildings, or other drones. It also features a GPS tracking system, which allows the drone to maintain its position and fly in a pre-programmed path, which is particularly useful for mapping and surveying tasks. The drone also includes a range of safety features that help prevent accidents, such as automatic return-to-home and low-battery warnings.
Lifespan: Approximately 4 years.
Purposes/Authorized Uses:
UAS may be utilized in law enforcement activities to enhance the department’s mission of protecting lives and property, crime prevention, and enhancing public safety by providing aerial support and assistance to personnel.
Fiscal Impact:
Initial Cost: $3,628
Annual Maintenance Cost: $500
Legal/Procedural Rules Governing Use:
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the City of Lancaster UAS policy. It is the policy of the City of Lancaster to utilize UAS in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.
Training Required:
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation.
Other Notes:
None.
Lancaster Police Department Military Equipment Inventory
Updated 1/24
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STAFF REPORT
City of Lancaster
NB 1
2/11/2025
TN
Date:February 11, 2025
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Assistant City Manager
Allison E. Burns, City Attorney
Subject:Adding Chapter 9.52 to the Lancaster Municipal Code Relating to Public Access to Health Care Facilities, Places of Worship, and Schools
Recommendation:
Introduce Ordinance No. XXX, adding Chapter 9.52 to the Lancaster Municipal Code relating to public access to health care facilities, houses of worship, and schools.
G.C. Section 84308: No
Fiscal Impact:
None.
Background:
The City has received reports of disruptive protests near houses of worship, which have impacted individuals ability to safely and peacefully access these locations. Such protests can cause safety concerns, traffic issues, and emotional distress to individuals seeking services, attending worship, or engaging in education.
Many jurisdictions have enacted buffer zone ordinances to mitigate these impacts while respecting constitutional rights. These buffer zones typically establish specific distances within which certain protest activities are restricted to ensure safety and access.
Buffer zones aid to balance the right to free speech guaranteed by the First Amendment with the need to protect public safety and access. The proposed ordinance would establish parameters and a buffer of 100 feet of a health care facility, place of worship, or school grounds. The proposed ordinance is provided in Attachment A, Exhibit A.
City staff believes that this ordinance is designed to protect individual’s rights to safely access essential services and spaces while preserving freedom of expression. Staff recommends adoption of this ordinance to promote public safety, peace, and access within our community. 1 9
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LD/hb
Attachment:
A: Ordinance No. XXX
ORDINANCE NO. ____________
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, ADDING CHAPTER 9.52 TO
THE LANCASTER MUNICIPAL CODE RELATING TO
PUBLIC ACCESS TO HEALTH CARE FACILITIES, PLACES
OF WORSHIP AND SCHOOLS
WHEREAS, the City Council has determined that it is necessary to establish buffer zones around health care facilities, places of worship, and schools (collectively, “Covered Facilities”) to balance the often competing rights to: (a) medical privacy; (b) freely gain access to health care; (c) freely gain access to educational services; (d) practice religion; and (e) freely exercise constitutionally protected speech; and
WHEREAS, buffer zones establish an area around a specific location where speech and demonstration activities are subject to regulations that are not applicable outside that buffer zone area; and
WHEREAS, demonstration activities around Covered Facilities subject students, teachers, parents, worshippers, health care providers and their patients to harassment and abuse from people who attempt to block entrances and exits to Covered Facilities and parking lots used to access these locations; and
WHEREAS, aggressive demonstration activities pose significant public safety threats and risk bodily harm to the demonstrators blocking driveways and doorways, and to the persons trying to access Covered Facilities; and
WHEREAS, the United States Supreme Court recognized the harmful impact of nonconsensual conversations and amplified noise on patients receiving medical treatment and held that government may protect public health and safety by adopting narrowly tailored regulations on demonstration activity near healthcare facilities and further held that a distance of eight feet is sufficient for demonstrators to share their message with those entering Covered Facilities; and WHEREAS, the City Council desires to prevent the obstruction, harassment, and intimidation of people entering and exiting Covered Facilities while preserving the fundamental constitutional rights of people to peacefully assemble and express opinions on matters of public concern.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.
Section 2. Chapter 9.52 is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit “A” attached hereto.
Ordinance No.
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 and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.
Ordinance No.
I, Andrea Alexander, 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 ________________, 2025, and placed upon its second reading and adoption at a regular meeting of the City Council on the ____ day of ________________, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
Ordinance No.
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________
EXHIBIT “A”
CHAPTER 9.52
PUBLIC ACCESS TO HEALTH CARE FACILITIES,
PLACES OF WORSHIP AND SCHOOLS
Sections:
9.52.010 Title.
9.52.020 Definitions.
9.52.030 Buffer Zone at Entrances and Exits to Health Care Facilities, Places of Worship, and School Grounds.
9.52.040 Noise Limitations.
9.52.050 Remedies.
9.52.010 Title.
This chapter shall be known as the City of Lancaster’s Buffer Zone Regulations.
9.52.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Consent” means to give permission through words or acts to what another person proposes through words or acts.
“Entrance” and “exit” mean any door, gate, opening, or intersection of the public right-of- way and a private walk or path leading to a health care facility, place of worship, or school grounds, used by persons to gain access to or leave the premises of a health care facility, place of worship, or school grounds.
“Harass” and “harassment” mean engaging in knowing and willful actions or course of conduct directed at a specific person or persons that would seriously alarm or aggravate, cause substantial distress to, intimidate, terrorize, threaten, or torment a reasonable person. Harassment does not include consensual conversations or displaying a sign from more than eight feet away from a person or persons. Harassment includes approaching or following a person with the intent to harass once the person has indicated they do not want to be approached or followed; intentionally touching or causing physical contact with a person without that person's consent; and using violent or threatening gestures toward a person.
“Health care facility” means any medical or health facility, hospital, or clinic within the City that is licensed as a health care facility under state law or any building, office, or other place within the City regularly used by any health care provider licensed under California law to provide medical, nursing, counseling, referral, information, or advice to patients. “Intimidate” means use of credible threats of violence, oppression, or coercion with the intent to prevent a person from accessing a health care facility, place worship, school grounds, or a parking lot.
“Obstruct” means making ingress to or egress from a health care facility, place of worship, school grounds, or a parking lot impassable or unreasonably difficult or hazardous. Obstruct includes intentionally blocking or interfering with the safe or free passage of pedestrians or vehicles by any means, intentionally causing a pedestrian to take evasive action to avoid physical contact, and placing signs, tables, chairs, or other objects in a manner that blocks the flow of pedestrian traffic.
“Parking lot” means property owned, leased, occupied, or otherwise held out to the public by a health care facility, place of worship, or school as a place where a person can park a vehicle for the purpose of accessing the health care facility, place of worship, or school grounds. “Place of worship” means a place in which religious worship, as defined under California law, is conducted.
“School grounds” means the building or buildings set aside for purposes of giving instruction on those courses of study required by the California Education Code or maintained pursuant to standards set by the State Board of Education, or in which such instruction is actually given, plus any grounds surrounding the school that are enclosed by a fence, wall, hedge, or other manner of enclosure. School grounds does not include the grounds associated with a vocational or professional institution of higher education, including a community or junior college, college, or university and does not include a private residence where home schooling activities occur.
9.52.030 Buffer Zone at Entrances and Exits to Health Care Facilities, Places of Worship, and School Grounds.
A. No person shall obstruct an entrance or exit or access to a parking lot of a health care facility, place of worship, or school grounds.
B. Within a radius of 100 feet of a health care facility, place of worship, or school grounds, no person shall:
(1) approach within eight feet of a person in the public right-of-way or sidewalk area who is seeking to enter or exit a health care facility, place of worship, or school grounds to harass or intimidate the person; or (2) harass or intimidate a person in the public right-of-way or sidewalk area who is seeking to enter or exit a health care facility, place of worship, or school grounds.
C. Within a radius of 100 feet of a health care facility, place of worship, or school grounds, unless the person or motor vehicle occupant consents, no person shall:
(1) knowingly and willfully approach within eight feet of a person in the public right-of-way or sidewalk area who is seeking to enter or exit a health care facility, place of worship, or school grounds, to: (a) pass a leaflet or handbill to that person; or (b) display a sign to that person; or (c) engage in oral protest, education, or counseling.
(2) knowingly and willfully approach within eight feet of an occupant of a motor vehicle seeking to enter or exit a parking lot, to: (a) pass a leaflet or A. handbill to the motor vehicle occupant; (b) display a sign to the motor vehicle occupant; or (c) engage in oral protest, education, or counseling.
A. For purposes of this Division, eight feet shall be measured from the extension of the body of the person seeking to enter or exit a health care facility, place of worship, or school grounds or the exterior of the occupied motor vehicle seeking to enter or exit a parking lot to the extension of the body of, or any sign or object held by, another person.
B. For purposes of this Division, 100 feet shall be measured from the main entrance door, or if the property is fenced and gated then from the main entrance gate, of the health care facility, place of worship, or school grounds.
C. This section 9.52.030 does not apply to:
(1) law enforcement or public safety officials acting in the scope of their employment; and
(2) employees, agents, or volunteers of the health care facility, place worship, or school or school district operating on school grounds acting within the scope of their employment, agency, or volunteer service.
9.52.040 Noise Limitations.
A. Within a radius of 100 feet of a health care facility, place of worship, or school grounds, no person shall:
(1) make, or cause to be made, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitivities; or
(2) make, or cause to be made, any noise which unreasonably interferes with the workings of a health care facility, place of worship, or school; or (3) use loud speaking amplifiers or similar devices in a manner that emits a sound level exceeding 55 decibels any point ten feet or more from the noise source.
B. This section 9.52.040 applies from one hour before until one hour after the posted business hours of the health care facility, place of worship, or school.
C. This section 9.52.040 does not apply when loud speaking amplifiers are operated by law enforcement or public safety officials acting in the scope of their employment.
9.52.050 Remedies.
A. Any person who is aggrieved by an act prohibited by sections 9.52.030 or 9.52.040 may bring an action for damages, injunctive or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated or has conspired to violate those sections. An aggrieved person includes any health care facility, place of worship, or school or school district operating on school grounds.
B. Any aggrieved person who prevails in an action brought under this section 9.52.050 shall be entitled to recover from the violator those actual damages, costs, attorneys’ fees and such other relief as determined by the court. In addition to all other damages, the court may award to the aggrieved person a civil penalty of up to $2,500 for each violation.
C. The remedies provided by this section 9.52.050 are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive.
D. Any violation of section 9.52.030(A) or (B) shall constitute a misdemeanor. A first conviction for violation of either section shall be punishable by a fine of not more than $500 or by imprisonment in the county jail for a period of not more than three months, or by both fine and imprisonment. Each subsequent conviction for violation of either section shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.
E. A law enforcement official may order any group of two or more persons who continue to violate this Division after a verbal warning to move to an area at least 100 feet away from any entrance or exit to a healthcare facility, place of worship, or school grounds. This paragraph shall apply from one hour before until one hour after the posted business hours of the health care facility, place of worship, or school operating on school grounds.
STAFF REPORT
City of Lancaster
NB 2
2/11/2025
TN
Date:February 11, 2025
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Chief of Police – Lancaster Police Department Subject:Purchase of InterTalk Radio Dispatch Consoles
Recommendation/s:
1. Approve the contract with COMMLINE Inc. in substantially the form attached to provide effective, responsive communications for the Lancaster Police Department.
2. Authorize the City Manager, or his designee, to pay invoices and to execute all contracts and associated documents.
G.C. Section 84308: No
Fiscal Impact:
$166,827.83 from account 10132000.5350 from the 2025 Fiscal year budget.
Background:
The Lancaster Police Department has a need for effective and responsive communications with LPD officers and City Staff. This need is best met with InterTalk Systems Enlite radio dispatch consoles.
The Enlite Dispatch System is a cloud hosted evergreen dispatch solution with on-demand scalability that will easily expand as LPD grows. LPD will benefit from encrypted, secure and reliable dispatch with built-in mobile dispatch capabilities, ensuring operational continuity. The dispatch software is flexible in layout and fully configurable based on user roles, ensuring dispatchers always have the right information at their fingertips. The system will be integrated with LPD’s LARICs P25 radio channels, City of Lancaster analog channels, and the City’s phone system allowing dispatchers to have seamless communication across all modes of voice communication on which the City operates.
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City staff leveraged the National Association of State Procurement Officials (NASPO) ValuePoint contract #00318 to achieve the best possible value for the City of Lancaster in the quickest possible time to ensure the Lancaster Police Department can have its dispatch center operational as soon as possible. NASPO contract #00318 was established for Public Safety Communications Products, Services and Solutions and was competitively bid by the Washington State Department of Enterprise Services with the state of California’s participation.
It is recommended that City Council approve this purchase as the primary radio dispatch solution for the Lancaster Police Department.
Attachments:
COMMLine Inc. Quote_011325
NASPO Contract #00318
COMMLine Inc. PSA
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Professional Services Agreement; December 2018
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 11th day of February 2025, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and COMMLine, Inc. (Intertalk, Radio), a California corporation (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:
Intertalk Dispatch Project (THE “SERVICES”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:
1.Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONSULTANT: COMMLine, Inc
2.Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT COMMLine, Inc.
Attn: Ryan Narimatsu
13700 Cimarron Ave
Gardena, CA 90249
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. - 2 -
Professional Services Agreement; December 2018
4.Description of Work. The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “COMMLine, Inc.
Master Services Agreement and Exhibits,” attached collectively hereto as Exhibit “A” and incorporated herein by reference. Consultant shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5.Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $166,827.83 for all work necessary to complete the Services, as described in Exhibit A. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.
B. No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6.Obligations of the Consultant.
A. Consultant shall perform as required by this Agreement and in accordance with the scope of services as set forth in Exhibit A.
B. Consultant shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
C. Consultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.
7.Hold Harmless and Indemnification. Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third-party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8.Amendments; Conflict between documents. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant. To the extent that a conflict may exit between any term of this Agreement and those set forth in Exhibit A, the terms of this Agreement shall prevail.
9.Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Consultant will take affirmative action to ensure - 3 -
Professional Services Agreement; December 2018
that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
10.Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant. This Agreement shall continue in full force and effect for twelve (12) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
11.Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving sixty (60) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice; Consultant shall refund to City, on a pro rata basis, funds paid for work not completed through the date of termination within thirty (30) days following such termination.
B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12.Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
13.Insurance.
A. The Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
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Professional Services Agreement; December 2018
Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
Professional Liability
Each Occurrence $2,000,000
General Aggregate $2,000,000
Provide one of the following for cyber-related services Technology Professional Liability
(Errors and Omissions)
Each Occurrence $2,000,000
General Aggregate $2,000,000
(Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Consultant pursuant to this Agreement and shall include, without limitation, claims involving invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as any applicable regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.) Or
Cyber Liability Insurance
Each Occurrence $5,000,000
General Aggregate $5,000,000
B. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.
C. Professional liability and/or cyber insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this - 5 -
Professional Services Agreement; December 2018
contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.
D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.
F. Consultant shall furnish the City with Certificates of Insurance and with endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“Intertalk Dispatch Project”
The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.
14.Commencement and Completion of Work.The Services to be provided by Consultant pursuant to this Agreement shall commence within 10 business days after execution of this Agreement.
15.Ownership of Documents. All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
16.Data Provided to Consultant. City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
17. Consultant’s Warranties and Representations.
Consultant warrants and represents to City as follows:
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Professional Services Agreement; December 2018
A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.
D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
18.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. - 7 -
Professional Services Agreement; December 2018
19.Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety; in the event of conflict between the terms of this Agreement and Exhibits hereto, this Agreement shall Control.
Exhibit “A” Scope of Services and Rate Schedule
Exhibit “B” NASPO Contract #00318
20.Governing Law.
This Agreement shall be governed by the laws of the State of California.
21.Effective Date.
This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement. [Signatures begin on next page.]
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Professional Services Agreement; December 2018
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By:
Trolis Niebla, City Manager
Dated:
COMMLine, Inc._________________________________
By:
Ryan Narimatsu, Business Analyst
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Professional Services Agreement; December 2018
EXHIBIT “A”
COMMLine, Inc. Scope of Services and Rate Schedule
A. COMMLine, Inc. - Summary
B. COMMLine, Inc. - Detail
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Professional Services Agreement; December 2018
EXHIBIT “B”
COMMLine, Inc. NASPO Contract #00318