Sewer Collection System Annual Report
L A N C A S T E R, C A L I F O R N I A 2024
System Overview
A Sanitary Sewer Collection System is a series of pipes, manholes, and lift stations that convey wastewater from homes and businesses to a treatment plant. The City of Lancaster’s (City) sanitary sewer collection system consists of a network of 439.70 miles of sewer lines, 9,300 sewer manholes, and one sewer lift station. This information is obtained from data input into the City’s Geographic Information System. The oldest sewer pipes in the City were installed in 1947 with a resultant average age of 40 years old. The estimated value of the sewer collection system is in excess of 300 million dollars.
City of Lancaster Sanitary Sewer System Collection History The City assumed responsibility for the operation and maintenance of its sanitary sewer system from the County of Los Angeles Consolidated Sewer Maintenance District on July 1, 2008. At that time the City formed Utility Services, a Section of the Public Works Division with the primary goal of properly managing, operating, and planning for the system to ensure it is a valuable asset for many years to come. With the goal of reducing the number of sewer overflows and to develop a program for the sustainability of the system, the City worked with the State and County Sanitation District to develop a maintenance program which would systematically clean and inspect the sewer pipes, visually and with cameras. Additionally, a program was developed to reduce the amount of harmful materials being discharged into the system. With these efforts, the number of overflows has been greatly reduced and staff believes there is a reliable plan in place to prolong the life of and manage the orderly growth of the sewer system.
Sanitary Sewer Overflow
A collection system’s greatest concern is a sanitary sewer overflow (SSO); this is when a pipe becomes clogged and raw sewage wastewater flows up and out of a manhole. SSOs are typically caused by roots growing into the pipes or a buildup of grease. Before the City maintained the system, the City suffered 20 or more SSOs every year. Currently, the City had two during this reporting period.
Maintenance Program
Cleaning
Cleaning consists of pipe flushing and root removal. Field staff cleans system pipes regularly using a hydrojet, a high-pressure jetting system which utilizes water and an optional vacuum to remove debris. This removes grease buildup as well as minor roots and debris to enable the wastewater to flow freely through the pipes. Blocked wastewater causes odors, SSOs, and damage to pipes. The objective of sewer pipe cleaning is to prevent future blockages of the sewer system. Roots are also removed by a mechanical cutting rodder or treated with environmentally safe foam. The majority of the maintenance budget is spent on these procedures.
DID YOU KNOW?
SANITARY SEWER MANHOLES IN THE CITY OF
LANCASTER VARY IN DEPTH FROM 8 FEET TO UP TO 23
FEET. THAT’S OVER TWO STORIES DEEP!
Sewer Collection System Annual Report
Inspections
Waiting for damage or blockages to present themselves is an expensive maintenance strategy. Therefore, staff follows a strict inspection schedule to identify problems before they result in SSOs or expensive repairs. The City owns a closed circuit television (CCTV) truck from which an operator sends a camera on a small -wheeled vehicle through the sewer lines. It is controlled remotely from the truck and the video is stored for further analysis. Blockages, roots, cracks, and damaged pipes are located and cleaning or repair is scheduled. CCTV provides staff an additional resource which enhances the planning of maintenance and repair programs.
When a system pipe is blocked, wastewater will slowly rise and fill a manhole. Locations have been identified where blockages are common and field staff visually inspect these manholes on a regular basis to proactively monitor for impending overflows.
Additionally, surcharge monitors have been installed in selected manholes; these monitors contain sensors on the underside of the manhole cover to measure water levels and will issue alerts of elevated flow levels so that corrective action can be taken before an overflow occurs. This prevents costly and messy sewer overflows.
Surcharge monitors are currently installed at ten locations throughout the City which had previously experienced sewer overflows.
Vermin Abatement
The City maintains a vermin abatement program within sewer manholes. The product used to treat manholes for roaches is called Zone Defense (boric acid). Boric acid, or Boron, is used in many household products and is safe for humans, unless ingested in large quantities. The product is applied by trained professionals using compressed air with a high-pressure hose to spread the product inside of the manhole. The product is pulled from the container and blown through the vent hole in the manhole lid to produce a dusting of powder throughout the manhole. A six- month follow -up inspection of the manhole is performed to evaluate the treatment. If necessary, the manhole is re-treated to eliminate vermin.
Prevention Program
Fats, Oils, and Grease (FOG)
Keeping harmful substances from entering the sewer is much easier than trying to get them out. Fats, Oils, and Grease are harmful to sewers and feed the bacteria that create hydrogen sulfide gas. Hydrogen sulfide causes a “rotten egg” smell, is a health risk, and deteriorates sewer pipes. FOG build up in pipes creates blockages and leads to blockages and SSOs.
WOULD YOU BELIEVE?
SOME CITY SANITARY SEWER LINES ARE UP TO 30
INCHES IN DIAMETER; ENOUGH TO ACCOMMODATE 52
MILLION TOILET FLUSHES PER DAY!
Sewer Collection System Annual Report
Food service establishments (restaurants, cafeterias, etc.) produce a significant amount of FOG. Lancaster is one of many cities that work with restaurants to reduce the amount of FOG sent down the drain. All food service establishments are required to apply for a FATS, OILS, AND GREASE (FOG) WASTEWATER DISCHARGE PERMIT prior to commencing operation and to submit to no less than an annual inspection by a FOG inspector. Under the regulations of the FOG discharge permit, a business must maintain best management practices to prevent FOG discharge, including scraping and dry wiping of pans and dishes into the trash before being washed, and maintain a grease removal device, such as a grease interceptor or trap. Staff regularly engages with the community to educate residents and business owners on how to best reduce their FOG impact on the sewer system.
Capital Improvements
A capital improvement program is employed to plan for affordable improvements instead of expensive emergency repairs. With an investment as large as the City’s sewer system, financial reserves and good planning are crucial.
As sewer pipes age or are exposed to chemicals, they can wear, crack, or collapse resulting in wastewater flowing out, and ground water seeping into the pipe. Once the sites in need of repair or replacement have been identified, staff develops a plan to fix them in the most cost-effective manner. New methods such as cured in place lining using trenchless technology to rehabilitate pipes, are proving to be an economical alternative to digging up streets and installing new pipe. The City is utilizing these and other cutting- edge techniques to stretch the capital budget. Trucks, equipment, and pumps require regular overhauls or replacement in order to remain efficient and effective; staff has developed, and is constantly enhancing, the long- term capital improvement program to ensure that major expenses are identified early and financial reserves are established.
Staffing
The Utility Services Division currently consists of a staff of 23, including the Assistant Director, Supervisor, Analyst, Senior Engineering Technician, Specialist I, Lead Maintenance Workers (2), Maintenance Worker II's (4), Maintenance Worker I's (9), Administrative Assistant, and Office Assistants (2).
Sewer Collection System Annual Report
Training
Staff holds memberships in the following organizations - • National Association of Sewer Service Companies, Inc. (NASSCO), • Water Environment Federation (WEF),
• American Water Works Association (AWWA),
• California Water & Environment Association (CWEA),
• American Public Works Association (APWA),
These organizations provide training and certification to ensure staff is able to safely and proficiently maintain the system. In 2024, staff members received 2 new certifications and 4 re-certifications.
Conclusion
As staff reviews the past year’s performance of the sewer system, the maintenance, investigation, and prevention programs are proving to continue to be successful. Expansion of preventive programs, specifically community outreach and the FOG program, are continuing to be evaluated and will be implemented as they are developed. Additionally, new asset management software systems are beginning to roll out and will aid in the scheduling and tracking of maintenance in order to ensure a complete, system -wide approach. The capital improvement program provides assurance that our system will be successful for future generations and is constantly being evaluated and updated with the most current and urgent needs. The staff of the Utility Services Section is proud to provide such a vital service to the residents and businesses of the community and will continue to remain proactive in order to safeguard one of the City’s major assets.
NEVER POUR GREASE DOWN THE DRAIN. PUT IT IN A CAN
OR SOAK IT UP IN A PAPER TOWEL AND PUT IT INTO THE
TRASH OR SAVE YOUR GREASE & DELIVER TO CITY
MAINTENANCE YARD AT
615 W. AVENUE H, FOR RECYCLING.
Sewer Collection System Annual Report
2024 Annual Sewer District Revenue Sources
The City collects sewer fees from a variety of sources; however, the overwhelming majority of revenue comes from property owners whose properties are connected to the sewer system. As shown in the exhibit below, the City collects over $4.4 million in sewer charges; these funds are used for the care of the system and the specialized equipment required to properly clean and inspect the asset.
$1,353
$1,630
$99,217
$10,422
$34,116
$4,492,009
$- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Inspections
FOG Plan Review
FOG Annual Fee
FOG Application Fee
Developer Fees
Tax Revenue
Sewer Collection System Annual Report
2024 Annual Sewer Maintenance Activity at a Glance
Man Holes
Inspected,
1,975
Man Holes
Repaired, 10
Vermin
Abatement, 115
MAN HOLE ACTIVITY
Man Holes Inspected
Man Holes Repaired
Vermin Abatement
Pipe Flushing
LF, 568,987
Root Removal
LF, 4,546
CCTV Inspection
LF, 123,008
PIPELINE ACTIVITY, LINEAR FEET
Pipe Flushing LF
Root Removal LF
CCTV Inspection LF
Sewer Collection System Annual Report
Sewer System Performance Review
Sewer System
Performance 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2024 Pipe Cleaning:
Pipe Flushing 463,198 LF or
87.73 Miles
507,175 LF or
96.06 Miles
546,715 LF or
103.05 Miles
515,202 LF or
97.58 Miles
610,226 LF or
115.57 Miles
568,987 LF or
107.76 Miles
Root Removal
8,397 LF or
1.59 Miles
14,843 LF or
2.81 Miles
3,290 LF or
0.62 Miles
3,994 LF or
0.76 Miles
4,701 LF or
0.89 Miles
4546 LF or
0.86 Miles
Closed-Circuit TV
Inspection:
52,847 LF or
10.01 Miles
188,507 LF or
35.70 Miles
111,749 LF or
21.16 Miles
137,117 LF or
25.97 Miles
142,303 LF or
26.95 Miles
123,008 LF or
23.30 Miles
Manholes:
2,909
4,679
3,172
3,020
2638
1975
Inspected
Repaired
4 11
5 0
3 10
Vermin Abatement
1,560
1,244
454
470
462
115
Sewer Overflow (SSOs):
2 0
0 2
1 2
Annual SSO Rate
(SSO/100 miles of pipe)
.47
0 0
.46
.25
.46
Portion of SSO Runoff
Contained
51%
N/A
N/A
100%
100%
100%
Main SSO Causes
Grease
N/A
0%
0%
90%
50%
50%
Roots
N/A
0%
0%
0%
0%
0%
Other (Vandalism, etc.)
100%
N/A
N/A
10%
50%
50%
STAFF REPORT
City of Lancaster
CC 7
3/25/2025
TN
Date: March 25, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Award of Bid and Task Order for Multi-Year Professional Services (Service Group Category 16 - Labor Compliance) - PWCP 21-002 – Park-and-Ride Parking Lot Refurbishment
Recommendations:
1. Award Public Works Construction Project (PWCP) 21-002, Park-and-Ride Parking Lot Refurbishment, to Addison-Miller, Inc. of Orange, California, in the amount of $1,935,111.33 plus a 10% contingency, to refurbish the existing parking lots at the six (6) park-and-ride locations within the City of Lancaster and authorize City Manager, or his designee, to sign all documents in accordance with California Public Contract Code Section 22038(b).
2. Find the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on May 24, 2024.
3. Authorize Task Order expenditure amount of $19,351.11 plus a 5% contingency for labor compliance services award to the successful firm in Multi-Year Professional Services Agreement, Service Group Category (SGC) 16 - Labor Compliance.
G.C. Section 84308: No
Fiscal Impact:
$2,148,941.13 (including 10% construction contract contingency, labor compliance services and 5% contingency). Sufficient funds are available in Capital Improvements Budget in project string CP12AC004.CONST and GL Account 21849900.8000.
Background:
The proposed project is funded by the Los Angeles County Metropolitan Transportation Authority, Prop A funds. This project will include resurfacing existing parking lots, installing new striping, markings and signage, ADA parking stalls, and access at the park-and-ride locations listed below:
•Location #1: Deputy Pierre Bain Park - 5 th Street East & Avenue I •Location #2: Sgt. Owen Memorial Park-Kleiner/YMCA-10 th Street West & City Park Dr. 1 9
8 3
•Location #3: Sgt. Owen Memorial Park-Batting Cage Parking Lot - Star Ln & Avenue K-8 •Location #4: National Soccer Center - West Parking Lot - 30 th Street East & Avenue L •Location #5: National Soccer Center - East Parking Lot - 30 th Street East & Avenue L •Location #6: Lancaster University Center - Division Street between Avenue I & Ave. H-8
Per Section 2.2 of the Existing Community Workforce Agreement, (CWA), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions. The PWCP 21-002 contract documents were prepared, and the project was advertised accordingly. Per Section 2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, 48 hours prior to commencement of work, or within 48 hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.
On January 21, 2025, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 21- 002 via PlanetBids. Addison-Miller, Inc., was the lowest responsive responsible bidder. The bid results are shown below.
Contractor City Bid Amounts
1. Addison-Miller, Inc. Orange, CA $1,935,111.33
2. Onyx Paving Company, Inc. Anaheim, CA $2,828,000.00
2. JT Construction Group, Inc.* Duarte, CA $1,795,000.00 Engineer's Estimate $2,519,908.14
* Deemed non-responsive bidder, bid bond was not submitted.
On November 8, 2022, the City Council approved Multi-Year Professional Service Agreements for various Service Group Categories with the consulting firms recommended by staff to be pre- qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects. Proposals will be requested from those prequalified under Service Group Category (SGC) 16 – Labor Compliance, and a task order will be executed with one of the following firms:
•Cumming Management Group, Inc.
•Golden State Labor Compliance, LLC
•Perceptive Enterprises, Inc.
NG:DL/AK
Attachment:
Vicinity Map
CITY OF LANCASTER
PWCP 21-002 – PARK AND RIDE PARKING LOT
REFURBISHMENT
VICINITY MAP
STAFF REPORT
City of Lancaster
CC 8
3/25/2025
TN
Date: March 25, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Acceptance of Public Works Construction Project No. 23-004 – Edgeline Refresh Program HSIPSL-5419(065)
Recommendation:
Accept the work constructed by Sterndahl Enterprises, LLC, for Public Works Construction Project (PWCP) No. 23-004, Edgeline Refresh Program HSIPSL-5419(065), and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).
G.C. Section 84308: No
Fiscal Impact:
$248,452.50 (including 20% contingency) was awarded based on the original contract. There was one (1) Contract Change Order for this project totaling $2,184.00 which brought the contract cost from $207,043.75 to $209,227.75. Sufficient funds were available in the Capital Improvement Budget project string CP12TC005.CONST GL Code 21749900.8000 and 23049900.8000.
Background:
This project was funded by the State of California, Department of Transportation (Caltrans) approved Highway Safety Improvement Program (HSIP) Cycle 10 funding and local matching funds. This project provided for the refresh of roadway edgelines with thermoplastic material at eight (8) segments within Lancaster city limits, at the following locations:
•40th Street East - Lancaster Boulevard to Avenue K-8
•60th Street West - Avenue E to Avenue J
•80th Street West - Avenue K to Avenue L
•Avenue F - 70th Street West to 60th Street West
•Avenue G - 70th Street West to 50th Street West
•Avenue I - 37th Street East to 40th Street East
1 9
8 4
•Avenue J - 32nd Street East to 50th Street East
•Avenue J (south side) - 50th Street East to 85th Street East •Avenue K - 35th Street East to 107th Street East
Per Section 2.2 of the Existing Community Workforce Agreement (CWA), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions. The PWCP 23-004 contract documents were prepared, and the project was advertised accordingly. Per Section 2.6(b) of the CWA, Letters of Assent were submitted by the contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that contractor (or subcontractor), whichever occurred later.
Construction of the project has been completed to the satisfaction of the Director of Public Works.
The project was substantially completed on August 15, 2024, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.
The total contract cost is $209,227.75.
ML:AK/js
Attachment:
Notice of Completion
RECORDING REQUESTED BY:
C ITY OF LANCASTER
WHEN RECORDED MAIL TO:
C ITY OF LANCASTER
C ITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LA NCASTER, CA 93534
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.
N
OTICE OF COMPLETION OF
PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN:
1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:
P
ublic Works Construction Project No. PWCP 23-004 – Edgeline Refresh Program HSIPSL-5419(065)
2. The address of said owner is 44933 Fern Avenue, Lancaster, California 93534. The location of said public improvement is as follows: PWCP 23-004 – Edgeline Refresh Program HSIPSL-5419(065).
3. See Exhibit ‘A’ attached hereto and made a part hereof.
4. On May 9, 2024, a contract was entered into with Sterndahl Enterprises, LLC. for the construction, installation, and completion of the above-described public improvement and work and filed for record in the office of the City Clerk of the City of Lancaster.
5. The work was completed on August 15, 2024, by said company according to the plans and specifications and to the satisfaction of the Director of Public Works and was accepted by the City on March 25, 2025. That upon said contract Liberty Mutual Insurance Company was surety for the bond given by the said company as required by law.
ATTEST:
ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__
CITY OF LANCASTER
BY:
MARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATE SIGNATURE
PLACE OF EXECUTION
LA County, City of Lancaster
0 2 41 mi
0 3.5 71.75 km
1:120,373
ArcGIS Web AppBuilder
City of Lancaster | City of Lancaster IT | James Kulbacki City Boundary
Project Locations
City of Lancaster
Vicinity Map
Legend
REVISED FEBRUARY 1, 2024
PWCP 23-004 - Edgeline Refresh Program HSIPSL-5419(065) Exhibit "A"
STAFF REPORT
City of Lancaster
CC 9
03/25/25
TN
Date: March 25, 2025
To: Mayor Parris and City Council Members
From: Sonya Patterson, Parks, Arts, Recreation, and Community Services Director Subject:Mariposa Park Outdoor Fitness Equipment Project Notice of Completion (NOC) Recommendation:
Accept the Capital Improvement Project No. CP11ZZ014.CONST – Mariposa Park Outdoor Fitness Equipment Project as complete and direct the City Clerk to file the Notice of Completion for the project.
G.C. Section 84308: No
Fiscal Impact:
$123,294 was awarded to Capital Improvement Project CP11ZZ014.CONST, which had sufficient funds.
Background:
On December 10, 2010, City Council adopted Resolution No.19-59 authorizing the submittal of grant applications for Proposition 68 Per Capita Grant Funds. The California Department of Parks and Recreation Office of Grants and Local Services awarded grant funds in the amount of $123.294 for the installation of concrete pads and the purchase of outdoor exercise equipment from the Greenfields Outdoor Fitness, which was installed in-house by City of Lancaster Staff with oversite by a Greenfields Outdoor Fitness supervisor on February 5, 2025. The concrete pads were designed and built in accordance with the equipment manufacturer’s requirements.
The grant and the improvements it provided has created a dedicated fitness area for the community.
Construction of the project has been completed to the satisfaction of the Director of Parks, Arts, Recreation, and Community Services. The project was substantially completed on February 5,2025, which is within the time permitted by grantor.
Attachment:
1 3
9 2
Notice of Completion
Vicinity Map
SP:NF
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION OF
PUBLIC IMPROVEMENT AND WORK
1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:
Mariposa Park Exercise Equipment
2. The address of said owner is City of Lancaster, 44933 North Fern Avenue, Lancaster, California 93534.
3. The location of said public improvement is as follows: Mariposa Park. See Exhibit ‘A’ attached hereto and made a part hereof.
4. On January 11, 2024, exercise equipment was purchased from Greenfields Outdoor Fitness, Inc. and installed in - house by City of Lancaster staff under the direction of Greenfields. T he above-described public improvement and work is completed and filed for record in the office of the City Clerk of the City of Lancaster.
5. The work was completed on February 5, 2025, according to the plans and specifications and to the satisfaction of the Director of PARCS and was accepted by the City on February 5, 2025.
ATTEST:
ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this day of , 20
CITY OF LANCASTER
BY:
SONYA PATTERSON
Director – PARCS
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATE SIGNATURE
PLACE OF EXECUTION
RECORDING REQUESTED BY:
CITY OF LANCASTER
WHEN RECORDED MAIL TO:
CITY OF LANCASTER
CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534
W. LANCASTER BLVD.
10TH ST. WEST
W. AVE. H 8 W AVE H 8
10TH ST. WEST
AVE H 4
15 ST. W
BARRYMORE AVE.
15 ST. W
BARRYMORE AVE.
W. AVE. H
W. AVE. H 8
W. AVE. H W. AVE. H
15 ST. W
BARRYMORE AVE.
W. AVE. IW. AVE. I W. AVE. I
SIERRA HIGHWAY
10TH ST. WEST
W. LANCASTER BLVD.
SIERRA HIGHWAY
SIERRA HIGHWAY
PROJECT SITE
VICINITY MAP
N.T.S.
MARIPOSA PARK
OUTDOOR FITNESS EQUIPMENT IMPROVEMENT
VICINITY MAP
WEST AVE. H4
Exhibit "A"
STAFF REPORT
City of Lancaster
CC 10
3/25/2025
TN
Date: March 25, 2025
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Assistant City Manager
Sydney Yeseta, Manager - Economic Development
Subject: Purchase and Sale Agreement with First Baptist Church of Lancaster Recommendations:
1. Find the project categorically exempt under the California Environmental Quality Act and authorize staff to execute and file a Notice of Exemption.
2. Authorize the City Manager or his designee, with the concurrence of the City Attorney, to negotiate, finalize and execute the Purchase and Sale Agreement and all related documents.
G.C. Section 84308: No
Fiscal Impact:
The purchase price is $4,917,000 plus closing costs and escrow fees. Sufficient funds are available in Project Account No. CP14BS002.
Background:
Desert Christian Schools recently announced plans to move their high school campus to a larger site at City Church in Lancaster. The new location offers additional amenities, room for future growth, and greater proximity to their main campus.
This transition creates an exciting opportunity for the City to purchase the existing high school campus and establish a new City owned and operated facility, coined “Mid-Town Education Center”, envisioned as a welcoming space where residents of all ages can connect, learn, and thrive. By offering robust programming and forging strategic partnerships with community stakeholders, nonprofit organizations, and service providers, Lancaster’s Parks, Arts, Recreation, and Community Services (PARCS) Department aims to proactively address upstream challenges that affect residents by providing access to essential programs and resources.
The Mid-Town Education Center will serve as a hub for community engagement, offering diverse programs such as youth camps, all ages sports, tutoring, club meetings and so much more. 1 9
6 5
The property, located at 2340 West Avenue J8, sits on a 4.13 acre site near the center of town. It includes a 20,635 square foot main building and four modular buildings, totaling 32,135 square feet of building space. The purchase price reflects appraised value, adjusted to account for rent during the period between closing and the seller’s move date.
This purchase is more than just a real estate transaction; it is an investment in the community’s health, connectivity and overall quality of life.
SY/hb
Attachments:
A. Mid-Town Education Center Notice of Exemption
B. Purchase and Sale Agreement
Notice of Exemption
To Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
City of Lancaster
Community Development Department
44933 Fern Avenue
Lancaster, C/^93534
X'rom:
X County Clerk
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy
Norwalk, CA 90650
(Date received for filing)
Project Title: Mid-Town Education Center
Project Applicant: City of Lancaster. Sydney Yeseta
Project Location - General: Citv of Lancaster" Countv of Los Angeles. State of California Project Location - Specific: 2340 West Avenue J-8
Project Description: The project site is located at2340 West Avenue J-8 and is currently developed with and operated as the Desert Christian High School Campus. The facility consists of a20,635 sf main building and four modular buildings providing a total of 32,735 square feet of building space. This private high school is moving to a larger facility and the City of Lancaster plans to purchase the property and operate it as the Mid-Town Education Center.
The Mid-Town Education would provide essential programs and resources to all members of the community with respect to health, educalion and economic stability. Programming could include, but is not limited to, day camps, sports camps, sports leagues for a variety of sports (kids/adults), gymnastics, martial arts, dance/art classes, tutoring, language classes, meeting spaces, parenting classes, health screenings, community gardens/farmers markets, mental health resources, computer labs/classes, etc. The facility provides the necessary spaces to accommodate this programming and minimal renovations, if any would be necessary. Routine maintenance and repairs to the facility would continue on an ongoing, as- needed basis.
Name of Public Agency Approving Project: Citu of Lancaster Name of Person or Agency Carrying Out Project: Citv of Lancaster Exempt Status: (check one)
! vtinisterial (Sec. 21080(bX1) ; 15268);
l-l Declared Emergency (Sec. 2 I 080(bX3) ; I 5269(a)); X
Emergency Proj ect (Sec. 2 I 080(bX ); 1 5269(b)(c)) ;
Categorical Exemption. State type and section number: Section 15301, Existing Facilities n Stututory Exemptions. State code number:
Reasons why project is exempt: The proposed project consists of the purchase and continued use of the Desert Christian High School facility (2340 West Avenue J-8) for similar uses as are currently occurring. As described above, the facility would be utilized to provide essential programs and resources to all members of the community with respect to health, education and economic stability. No expansion to the facility is proposed. The facility is not located along a scenic highway or on a hazardous materials site and would not result in cumulative or significant impacts. Additionally, the facility is not considered to be a historic resource.
Notice of ExemDtion
Lead Agency
Contact Person: -Iocelvn 100
Title
Area Code/Telephone: (661\
Date
4907-3946-7816v3/022283-0542
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is made and entered into as of March 25, 2025 (the “Effective Date”), by and between FIRST BAPTIST CHURCH OF LANCASTER, CALIFORNIA, a California nonprofit corporation (the “Seller”), and CITY OF LANCASTER, a California municipal corporation and charter city (the “Buyer”). The Seller and Buyer are individually referred to as a “Party” and collectively as the “Parties.”
RECITALS
A.Seller is the fee owner of that certain real property legally described in Exhibit A hereto, which is situated in Los Angeles County, located at 2340 W. Avenue J-8, Lancaster, CA 93534 and designated Assessor’s Parcel Number 3129‐028-001 (the “Real Property”). The Real Property is a 4.13-acre site improved with a 20,635-square-foot main building and four modular buildings for a total of 32,135 square feet.
B.Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:
1.Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The Parties have agreed that the Seller reserves and retains ownership of the following personal property items located on the property (collectively, the “Excluded Property”): bleachers, scoreboards, lockers, picnic tables, conex box, outdoor and digital signage, and the surveillance camera system. The Excluded Property shall not be included in the sale or transfer of property and is expressly excluded from this agreement.
2.Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the amount of Four Million Nine Hundred Seventeen Thousand Dollars ($4,917,000.00) (the “Purchase Price”).
3.Escrow and Independent Consideration.
(a)Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that First American Title Company (“Escrow Holder”) receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, 2 4907-3946-7816v3/022283-0542
deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
(b)Closing. For purposes of this Agreement, the “Closing” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on May 1, 2025 (“Closing Date”), or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by May 1, 2026 (“Outside Closing Date”), then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the Outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party.
4.Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the “Property Documents”):
(a)Such proof of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer, Escrow Holder and/or Title Company (as defined in Section 6) consistent with the terms of this Agreement.
In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) on or before April 18, 2025 (“Soil and Title Contingency Date”).
5.Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. (a)Investigation of Real Property. In addition to the foregoing, Buyer shall have the right, at Buyer’s sole cost and expense, prior to the Soil and Title Contingency Date, to engage Buyer’s own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigation, Buyer does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title Contingency Date. If Buyer does not cancel this Agreement on or before the Soil and Title Contingency Date, Buyer shall be deemed to have 3 4907-3946-7816v3/022283-0542
approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall provide a copy to Seller of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results without any representation or warranty as to their accuracy or completeness.
Buyer shall bear all costs, if any, associated with restoring the Real Property to substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by Buyer during investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with counsel satisfactory to Seller) and hold Seller and the Real Property free and harmless from and against all costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or mechanic’s liens arising out of or resulting from any entry or activities on the Real Property by Buyer, Buyer’s agents, contractors or subcontractors and the contractors and subcontractors of such agents, but in no event shall the indemnity of this Section include the discovery of pre-existing conditions by Buyer or any such liabilities, costs, etc. arising from the negligence or willful misconduct of Seller and/or its consultants. The indemnity obligations of Buyer set forth in this Section 5(a) shall survive any termination of this Agreement or the Close of Escrow. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §6901 et seq.
6.Buyer’s Conditions Precedent and Termination Right.
(a)Conditions Precedent. The Closing and Buyer’s obligation to consummate the purchase of the Real Property under this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only.
4 4907-3946-7816v3/022283-0542
(i)Title Review. Within fifteen (15) calendar days after the Opening of Escrow, Seller shall cause First American Title Company (“Title Company”) to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Buyer’s Title Policy (as defined below) shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii)Buyer’s Title Policy. On or before the Closing, Title Company shall, upon payment (by Buyer) of Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage.
In the event Buyer enters into a loan agreement to generate moneys to purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to Buyer obtaining such loaned moneys. The sale shall be all cash to Seller. (iii)Physical and Legal Inspections and Studies. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. (iv)Natural Hazard Report. Seller shall cause the Escrow Holder to provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described 5 4907-3946-7816v3/022283-0542
at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural Hazard Report.
(v)Property and Formation Documents. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (vi)Delivery of Documents. Seller’s delivery of all documents described in Section 8, below.
(vii)Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the date made and as of the Closing.
(viii)Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement.
(ix)No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement.
(b)Termination Right. Should any of Buyer’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied), Buyer may, by written notice to Seller, terminate this Agreement; such termination rights shall be in addition to those termination rights of Buyer as set forth in this Agreement. If this Agreement is so terminated, and provided such termination is not the result of Seller’s breach of or default under this Agreement, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer.
(c)Seller’s Cure Right. Buyer shall notify Seller in writing of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the 6 4907-3946-7816v3/022283-0542
purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s).
7.Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only:
(a)Completion of Title Review. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of title and that the condition of title satisfactory. (b)Confirmation Concerning Site. Seller shall have received written confirmation from Buyer on or before the Soil Contingency Date that Buyer has reviewed the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the condition of the Real Property. (c)Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has approved a Title policy.
(d)Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with closing. (e)Delivery of Documents. Buyer’s delivery of all documents described in Section 9(a), below.
Should any of Seller’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied) and Seller has so informed Buyer, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to any other termination rights of Seller as set forth in this Agreement. If this Agreement is so terminated, and provided such termination is not the result of Buyer’s breach of or default under this Agreement, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Seller.
8.Seller’s Deliveries to Escrow Holder.
(a)Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(i)Deed. The original executed and acknowledged grant deed, the form of which is attached hereto as Exhibit B (“Deed”). (ii)FIRPTA/Tax Exemption Forms. The Transferor’s Certification of Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together 7 4907-3946-7816v3/022283-0542
with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”).
(iii)Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing.
(iv)Temporary Occupancy Agreement. The original executed and acknowledged temporary occupancy agreement, the form of which is attached hereto as Exhibit E (“Occupancy Agreement”).
(v)Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company which are consistent with the terms of this Agreement. (vi)Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company which are consistent with the terms of this Agreement. (b)Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller.
9.Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
(a)Purchase Price. The Purchase Price, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 593 to Title Company at or immediately after Closing.
(b)Change of Ownership Report. One (1) original Preliminary Change of Ownership Report.
8 4907-3946-7816v3/022283-0542
(c)Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement. (d)Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company.
(e)Temporary Occupancy Agreement. The original executed and acknowledged Occupancy Agreement.
(f)Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company.
10.Costs and Expenses.
(a)Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) one half of the Escrow Holder’s fee; (v) documentary recording fees, if any; (vi) documentary transfer tax, if any; and (vii) payment of the Commission Amount to Seller’s Agent (as defined and described in Section 15(c)); and (viii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”). (b)Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) one half of the Escrow Holder’s fee; (ii) Buyer’s share of prorations,; (iii) the premium for title insurance other than or in excess of Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (iv) one half of escrow charges; (v) one half of recording and other costs of closing; (vi) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf; and (vii) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”). (c)Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Escrow Holder shall disburse those amounts for matters referenced in Section 2 as directed in writing by Seller. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Real Property from the Seller. Seller represents to Buyer that Seller shall be solely responsible for the payment of any fees and/or costs associated with Seller’s engagement of any, finders or real estate brokers in connection with the sale of the Real Property to the Buyer.
9 4907-3946-7816v3/022283-0542
11.Prorations; Withholding.
(a)All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto.
(b)In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20 th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board.
12.Closing Procedure. When the Title Company is unconditionally prepared (subject to the payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below.
(a)Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller.
(b)Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and general expenses, prorate matters and withhold funds as provided herein. The Occupancy Deposit (as defined in the Occupancy Agreement), shall be distributed by check payable to Buyer unless Escrow Holder is instructed otherwise in writing signed by Buyer (and, in such event, in accordance with such instructions). The Purchase Price, less the Occupancy Deposit and less any applicable debits or credits (which have been confirmed in writing by Seller to Escrow Holder and which may include any liens as to which such liens and the amount to satisfy such liens) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing 10 4907-3946-7816v3/022283-0542
signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer). (c)Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of Los Angeles, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. (d)Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of Los Angeles, the Natural Hazard Report, one of the instruments described in subsection (f) of Section 7 hereof, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e)Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer.
(f)Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g)Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended.
13.Representations and Warranties.
(a)Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing:
(i)Seller has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated.
(ii)All requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii)The individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof.
11 4907-3946-7816v3/022283-0542
(iv)Neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v)There is no pending litigation nor threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (vi)Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii)There are no leases or rental agreements in effect as to the Real Property.
(viii)Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix)There are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x)There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property.
(xi)There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing.
(xii)No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof.
(b)Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give 12 4907-3946-7816v3/022283-0542
written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. (c)Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing:
(i)Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby.
(ii)All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby.
(iii)The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof.
(iv)Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound.
(d)Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s 13 4907-3946-7816v3/022283-0542
Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter.
14.Fair Market Value Price. Each of Buyer and Seller believe that the Purchase Price represents the fair market value of the Real Property.
15.General Provisions.
(a)Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking.
(b)Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in this paragraph, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. For the purposes hereof, the addresses of the parties (until notice of a change thereof given in writing to the other party) shall be as follows:
If to Seller: Desert Christian Schools
44684 15th Street West
Lancaster, California 93534
Attention: Chris Johnson, Board Chairman
If to Buyer: City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
Attention: Trolis Niebla, City Manager
(c)Brokers. Seller assumes sole responsibility for any consultants or brokers it may have retained in connection with the sale of the Real Property (and Buyer shall have no responsibility in connection with such matters). Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer assumes sole responsibility for any consultants or brokers it may have retained in connection with the purchase of the Real Property (and Seller shall have no responsibility in connection with such matters). Buyer represents to Seller that Buyer has engaged no consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed 14 4907-3946-7816v3/022283-0542
or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement.
(d)Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (e)Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (f)Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement. (g)Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday.
Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (h)Extensions at Sole Discretion of Seller. In the event Buyer requests that Seller extend the time for sale of the Real Property, such request may be granted, conditionally granted or denied at the sole and absolute discretion of Seller. (i)Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature.
15 4907-3946-7816v3/022283-0542
(j)Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
(k)Third Party Rights. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto.
(l)Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (m)Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
(n)Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California. (o)Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (p)Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (q)Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (r)Survival. The provisions of subsection (f) of Section 7 hereof, as well as those portions of Sections 13 and 14 so indicated, shall be deemed to constitute provisions that survive Closing.
(s)Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party.
[signatures begin on the following page]
16 4907-3946-7816v3/022283-0542
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
SELLER:
FIRST BAPTIST CHURCH OF LANCASTER,
CALIFORNIA, a California nonprofit corporation
By:
Jonathan Boyett
Elder Board Chairman
BUYER:
CITY OF LANCASTER,
a municipal corporation and charter city
By:
Trolis Niebla
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
17 4907-3946-7816v3/022283-0542
Acceptance by Escrow Holder:
First American Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between FIRST BAPTIST CHURCH OF LANCASTER, CALIFORNIA, a California nonprofit corporation (“Seller”), and CITY OF LANCASTER, a municipal corporation and charter city (“Buyer”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder.
Dated: _____________, 2025
FIRST AMERICAN TITLE COMPANY
By:
Name:
Its:
A-1
4907-3946-7816v3/022283-0542
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Los Angeles, described as follows:
THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856. A PORTION OF THE ABOVE DESCRIPTION IS SHOWN IN BOOK 26, PAGE 46 OF RECORD OF SURVEYS IN THE OFFICE 9 F THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM AN UNDIVIDED 50% OF ALL OIL, MINERALS, GAS,
HYDROCARBON AND ALLIED SUBSTANCES IN AND UNDER SAID LANO, BUT
WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY GORDON SMITH BAILEY
AND BETTY MAY BAILEY, HUSBAND AND WIFE, IN THE DEED RECORDED APRIL 1, 1969 AS INSTRUMENT NO. 2491, OF OFFICIAL RECORDS.
B-1
4907-3946-7816v3/022283-0542
EXHIBIT B
DEED
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93535
Attn: Economic Development
APN: 3129-028-001
[Space above for recorder.]
DOCUMENTARY TRANSFER TAX $(exempt;
no consideration; exempt from recording charges,
Government Code Section 27383)
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FIRST BAPTIST CHURCH OF LANCASTER, CALIFORNIA, a California nonprofit corporation (“Grantor”), hereby grants to CITY OF LANCASTER, a municipal corporation and charter city, that certain real property located in the County of Los Angeles, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easements, restrictions and covenants of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of _____________, 2025.
FIRST BAPTIST CHURCH OF LANCASTER,
CALIFORNIA, a California nonprofit corporation
By:
Name: Jonathan Boyett
Title: Elder Board Chairman
B-2
4907-3946-7816v3/022283-0542
ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Los Angeles, described as follows:
THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856. A PORTION OF THE ABOVE DESCRIPTION IS SHOWN IN BOOK 26, PAGE 46 OF RECORD OF SURVEYS IN THE OFFICE 9 F THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM AN UNDIVIDED 50% OF ALL OIL, MINERALS, GAS,
HYDROCARBON AND ALLIED SUBSTANCES IN AND UNDER SAID LANO, BUT
WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY GORDON SMITH BAILEY
AND BETTY MAY BAILEY, HUSBAND AND WIFE, IN THE DEED RECORDED APRIL 1, 1969 AS INSTRUMENT NO. 2491, OF OFFICIAL RECORDS.
4907-3946-7816v3/022283-0542
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On ___________________________, before me, ______________________________, Notary Public, (Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
________________________________________
Title(s)
________________________________________
Title Or Type Of Document
Partner(s) Limited General
Attorney-In-Fact
Trustee(s) ________________________________________
Number Of Pages
B-4
4907-3946-7816v3/022283-0542
________________________________________
Date Of Documents
Guardian/Conservator
Other: ______________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
________________________________________
________________________________________
________________________________________
Signer(s) Other Than Named Above
C-1
4907-3946-7816v3/022283-0542
EXHIBIT C
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform City of Lancaster (“Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of certain real property to the Transferee by the City of Lancaster (the, “Transferor”), the undersigned hereby certifies the following:
1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);
2. The Transferor’s social security number or U.S. employer identification number is as follows:
3. The Transferor’s home or office address is:
44622 15th Street West
Lancaster, California 93535
The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document.
FIRST BAPTIST CHURCH OF LANCASTER,
CALIFORNIA, a California nonprofit corporation
By:
Name: Jonathan Boyett
Title: Elder Board Chairman
D-1
4907-3946-7816v3/022283-0542
EXHIBIT D
SITE MAP
E-1
4907-3946-7816v3/022283-0542
EXHIBIT E
TEMPORARY OCCUPANCY AGREEMENT
This TEMPORARY OCCUPANCY AGREEMENT (this “Agreement”) is made and entered into as of March 25, 2025 (the “Effective Date”), by and between FIRST BAPTIST CHURCH OF LANCASTER, CALIFORNIA, a California nonprofit corporation (the “Seller”), and CITY OF LANCASTER, a California municipal corporation and charter city (the “Buyer”).
The Seller and Buyer are individually referred to as a “Party” and collectively as the “Parties.”
RECITALS
A.Seller is the fee owner of that certain real property legally described in Exhibit A hereto, which is situated in Los Angeles County, located at 2340 W. Avenue J-8, Lancaster, CA 93534 and designated Assessor’s Parcel Number 3129‐028-001 (the “Property”). The Property is a 4.13-acre site improved with a 20,635-square-foot main building and four modular buildings for a total of 32,135 square feet.
B.Seller and Buyer have entered into a Purchase and Sale Agreement and Joint Escrow Instructions dated March 25, 2025 (“Purchase Agreement”), pursuant to which Seller has agreed to sell to Buyer and Buyer has agreed to purchase from Seller the Property. The Purchase Agreement provides that Seller must deliver possession of the Property to Buyer on or before July 1, 2025 (“Possession Date”). As the Possession Date is after the Close of Escrow (as defined in the Purchase Agreement), the Parties are entering into this Agreement pursuant to the Purchase Agreement and as a condition precedent to the Close of Escrow.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:
1.Incorporation of Recitals. The foregoing recitals are incorporated in and constitute a substantive part of this Agreement.
2.Possession After Closing. Seller may remain in possession after the Closing until 11:59 p.m. on June 30, 2025. Seller shall deliver possession of the Property to Buyer no later than 12:00 a.m. on July 1, 2025 (“Possession Date”).
3.Temporary Occupancy Deposit. Upon the Close of Escrow, the Escrow Agent is authorized to and shall disburse $100,000.00 (“Occupancy Deposit”) of the Purchase Price to Buyer as security against damages arising out of (1) the cost and expense of enforcing timely removal; and/or (2) repair of damage, if any, caused by Seller and occurring after Closing; and/or (3) to apply to rent at the rate of $ __________ per day, which shall be the rent due and payable by Seller as of the Possession Date. Buyer shall refund the Occupancy Deposit, less any of the items specified in the preceding sentence, to Seller within 30 days of Seller delivering possession of the Property to Buyer.
E-2
4907-3946-7816v3/022283-0542
4.Utilities, Maintenance and Insurance. Seller shall be responsible for and pay all utilities used after the date of Closing and to the date of delivery of possession. Seller shall be responsible for and pay all obligations for maintenance and repair (other than related to casualty events) of the Property after the date of Closing and to the date of delivery of possession. Seller shall deliver the Property to Buyer in a physical condition equal to that which existed at the time of Closing. Seller shall obtain, maintain, and pay for such liability and other insurance policies as Buyer may require and with the coverage terms, limits, and endorsements as Buyer may require.
5.Seller’s Indemnity. From and after the Effective Date, Seller agrees to and shall indemnify, protect, defend, reimburse and hold Buyer and its elected or appointed officials, agents, employees and attorneys, harmless from and against any and all claims, actions, proceedings, lawsuits, orders, costs, liabilities, judgments, damages, fines, encumbrances, liens, penalties, punitive damages, losses and expenses (including without limitation all costs and expenses reasonably incurred to investigate and defend claims, whether or not such claim is ultimately defeated, and costs and expenses reasonably incurred for consultants, court fees, administrative fees, expert witness fees, and attorneys’ fees) of whatever kind or nature, contingent or otherwise, matured or not matured, foreseeable or unforeseeable, any of which are suffered or incurred by said indemnified parties, or assessed, levied or asserted by any person or entity (whether governmental or private) against said indemnified parties and relating to Seller’s occupancy and/or use of the Property, or any portion thereof. The indemnification obligations set forth in this section shall run with the land and shall survive the expiration or earlier termination of this Agreement.
6.Definitions. Any term or phrase not defined in this Agreement but defined in the Purchase Agreement shall have the meaning ascribed to it in the Purchase Agreement. [Signatures begin on next page.]
E-3
4907-3946-7816v3/022283-0542
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
SELLER:
FIRST BAPTIST CHURCH OF LANCASTER,
CALIFORNIA, a California nonprofit corporation
By:
Jonathan Boyett
Elder Board Chairman
BUYER:
CITY OF LANCASTER,
a municipal corporation and charter city
By:
Trolis Niebla
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STAFF REPORT
City of Lancaster
CC 11
3/25/2025
TN
Date:March 25, 2025
To:Mayor Parris and the City Council
From:George Harris, Senior Director
Subject:Amending Employee Classification and Compensation Schedule and Reclassification of open position from Analyst to Assistant Director Recommendation:
Adopt Resolution No. _____, amending Resolution 25-XX, establishing a compensation schedule for various classifications of employees of the City of Lancaster and establishing the following changes:
•Reclass and appropriate funds for existing open position in the City Manager’s Office oAnalyst to Assistant Director for City Manager’s Office oAppropriate $18,600 in funds for the increase in pay from Analyst to Assistant Director for the remainder of the fiscal year
The City of Lancaster is dedicated to fostering innovation and advancing renewable hydrogen technologies. To lead these efforts, Jason Caudle was appointed CEO of Lancaster Energy, where he oversees day-to-day operations. With the City’s partnership with FPH2 and the transition of personnel the reclassification of Analyst to Assistant Director is the determined need of the City Manager. This position will fill a key leadership role, assisting the City Manager, and ensuring the continued growth and development of all current and future city initiatives.
G.C. Section 84308: No
Fiscal Impact:
Additional funding is projected to be required for reclassifying one (1) open position from Analyst to Assistant Director in the City Manager’s Office with an estimated cost of $18,600.00 for the remainder of the 2024-2025 fiscal year. Any necessary funding adjustments will be submitted in the annual budget for next fiscal year.
Background:
1 9
9 1
The City of Lancaster is dedicated to fostering innovation and advancing renewable hydrogen technologies. To lead these efforts, Jason Caudle was appointed CEO of Lancaster Energy, where he oversees day-to-day operations. With the City’s partnership with FPH2 and the transition of personnel, the reclassification of Analyst to Assistant Director is being requested by the City Manager. This position will fill a key leadership role, assisting the City Manager, and ensuring the continued growth and development of all current and future city initiatives, including but not limited to creating key performance indicators and leading the development of new technologies, as applicable.
Attachment:
Resolution
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, AMENDING RESOLUTION 25-XX
ESTABLISHING TERMS AND CONDITIONS OF
EMPLOYMENT AND A COMPENSATION SCHEDULE FOR
REPRESENTED AND NON-REPRESENTED REGULAR AND
PROBATIONARY EMPLOYEES OF THE CITY
WHEREAS, the City Council is desirous of amending the Classification and Compensation Schedule for Represented and Non-Represented Full Time Employees;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS;
Section 1. The 2000 series employee group and the following classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Director H - $93.42
M - $16,192.32
H - $98.09
M - $17,001.94
H - $102.99
M - $17,852.06
H - $108.14
M - $18,744.66
H - $113.55
M - $19,681.89
H - $119.23
M - $20,665.99
Senior Director H - $102.76
M - $17,811.56
H - $107.90
M - $18,702.15
H - $113.29
M - $19,637.26
H - $118.96
M - $20,619.13
H - $124.90
M - $21,650.09
H - $131.15
M - $22,732.60
Assistant City
Manager
H - $113.92
M - $19,746.74
H - $119.62
M - $20,734.07
H - $125.60
M - $21,770.75
H - $131.88
M - $22,859.31
H - $138.47
M - $24,002.27
H - $145.40
M - $25,202.39
Section 2. The 2100 series employee group and the following classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Assistant Chief
of Police
H - $74.73
M - $12,953.87
H - $78.47
M - $13,601.58
H - $82.39
M - $14,281.63
H - $86.51
M - $14,995.72
H - $90.84
M - $15,745.49
H - $95.38
M - $16,532.77
Chief of Police H - $93.42
M - $16,192.32
H - $98.09
M - $17,001.94
H - $102.99
M - $17,852.06
H - $108.14
M - $18,744.66
H - $113.55
M - $19,681.89
H - $119.23
M - $20,665.99
Section 3. The 2200 series employee group and the following classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Rate
Director of
AVAQMD
H - $108.14
M - $18,744.66
City Manager H - $156.25
M - $27,083.87
CEO of Lancaster
Energy
H - $194.20
M - $33,661.96
Resolution No. 25-XX
Section 4. The 3000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Planner H - $47.01
M - $8,148.49
H - $49.36
M - $8,555.91
H - $51.83
M - $8,983.69
H - $54.42
M - $9,432.87
H - $57.14
M - $9,904.53
H - $60.00
M - $10,399.74
Analyst A H - $47.01
M - $8,148.49
H - $49.36
M - $8,555.91
H - $51.83
M - $8,983.69
H - $54.42
M - $9,432.87
H - $57.14
M - $9,904.53
H - $60.00
M - $10,399.74
Analyst B H - $49.82
M - $8,634.67
H - $52.31
M - $9,066.40
H - $54.92
M - $9,519.71
H - $57.67
M - $9,995.70
H - $60.55
M - $10,495.49
H - $63.58
M - $11,020.27
Engineer H - $56.05
M - $9,715.40
H - $58.85
M - $10,201.17
H - $61.80
M - $10,711.22
H - $64.89
M - $11,246.76
H - $68.13
M - $11,809.09
H - $71.54
M - $12,399.55
Senior Planner H - $57.28
M - $9,928.27
H - $60.14
M - $10,424.70
H - $63.15
M - $10,945.94
H - $66.31
M - $11,493.24
H - $69.62
M - $12,067.90
H - $73.10
M - $12,671.27
Manager H - $61.69
M - $10,692.63
H - $64.77
M - $11,227.28
H - $68.01
M - $11,788.64
H - $71.41
M - $12,378.06
H - $74.98
M - $12,996.97
H - $78.73
M - $13,646.82
Section 5. The 3000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Senior Planner H - $56.05
M - $9,715.40
H - $58.85
M - $10,201.17
H - $61.80
M - $10,711.22
H - $64.89
M - $11,246.76
H - $68.13
M - $11,809.09
H - $71.54
M - $12,399.55
Manager H - $60.72
M - $10,525.04
H - $63.76
M - $11,051.28
H - $66.95
M - $11,603.84
H - $70.29
M - $12,184.03
H - $73.81
M - $12,793.24
H - $77.50
M - $13,432.90
Chief Building
Official
H - $65.39
M - $11,334.61
H - $68.66
M - $11,901.33
H - $72.09
M - $12,496.42
H - $75.70
M - $13,121.23
H - $79.48
M - $13,777.29
H - $83.46
M - $14,466.14
Senior Engineer H - $65.39
M - $11,334.61
H - $68.66
M - $11,901.33
H - $72.09
M - $12,496.42
H - $75.70
M - $13,121.23
H - $79.48
M - $13,777.29
H - $83.46
M - $14,466.14
City Clerk H - $74.73
M - $12,953.87
H - $78.47
M - $13,601.58
H - $82.39
M - $14,281.63
H - $86.51
M - $14,995.72
H - $90.84
M - $15,745.49
H - $95.38
M - $16,532.77
Assistant City
Attorney
H - $74.73
M - $12,953.87
H - $78.47
M - $13,601.58
H - $82.39
M - $14,281.63
H - $86.51
M - $14,995.72
H - $90.84
M - $15,745.49
H - $95.38
M - $16,532.77
Assistant
Director
H - $74.73
M - $12,953.87
H - $78.47
M - $13,601.58
H - $82.39
M - $14,281.63
H - $86.51
M - $14,995.72
H - $90.84
M - $15,745.49
H - $95.38
M - $16,532.77
Section 6. The 4000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Resolution No. 25-XX
Section 7. The 4000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I H - $33.00
M - $5,720.00
H - $34.65
M - $6,006.00
H - $36.38
M - $6,306.30
H - $38.20
M - $6,621.62
H - $40.11
M - $6,952.70
H - $42.12
M - $7,300.35
Administrative
Assistant
H - $33.00
M - $5,720.00
H - $34.65
M - $6,006.00
H - $36.38
M - $6,306.30
H - $38.20
M - $6,621.62
H - $40.11
M - $6,952.70
H - $42.12
M - $7,300.35
Coordinator I H - $37.37
M - $6,476.93
H - $39.24
M - $6,800.78
H - $41.20
M - $7,140.81
H - $43.26
M - $7,497.86
H - $45.42
M - $7,872.76
H - $47.69
M - $8,266.38
Specialist II H - $37.37
M - $6,476.93
H - $39.24
M - $6,800.78
H - $41.20
M - $7,140.81
H - $43.26
M - $7,497.86
H - $45.42
M - $7,872.76
H - $47.69
M - $8,266.38
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I H - $34.40
M - $5,961.97
H - $36.12
M - $6,260.09
H - $37.92
M - $6,573.08
H - $39.82
M - $6,901.72
H - $41.81
M - $7,246.81
H - $43.90
M - $7,609.14
Administrative
Assistant
H - $37.37
M - $6,476.93
H - $39.24
M - $6,800.78
H - $41.20
M - $7,140.81
H - $43.26
M - $7,497.86
H - $45.42
M - $7,872.76
H - $47.69
M - $8,266.38
Specialist II H - $38.92
M - $6,745.40
H - $40.86
M - $7,082.66
H - $42.90
M - $7,436.80
H - $45.05
M - $7,808.62
H - $47.30
M - $8,199.08
H - $49.67
M - $8,609.03
Accountant H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Inspector H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Senior Specialist H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86 H - $53.65
M - $9,299.72
IT Analyst I H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Senior
Engineering
Technician
H - $48.67
M - $8,436.76
H - $51.11
M - $8,858.59
H - $53.66
M - $9,301.52
H - $56.35
M - $9,766.58
H - $59.16
M -$10,254.90
H - $62.12
M - $10,767.64
Senior Inspector H - $48.67
M - $8,436.76
H - $51.11
M - $8,858.59
H - $53.66
M - $9,301.52
H - $56.35
M - $9,766.58
H - $59.16
M -$10,254.90
H - $62.12
M - $10,767.64
Analyst H - $49.89
M - $8,647.67
H - $52.38
M - $9,080.05
H - $55.00
M - $9,534.07
H - $57.75
M - $10,010.78
H – $60.64
M - $10,511.30
H - $63.67
M - $11,036.89
Coordinator III H - $49.89
M - $8,647.67
H - $52.38
M - $9,080.05
H - $55.00
M - $9,534.07
H - $57.75
M - $10,010.78
H – $60.64
M - $10,511.30
H - $63.67
M - $11,036.89
IT Analyst II H - $51.38
M - $8,905.78
H - $53.95
M - $9,351.05
H - $56.65
M - $9,818.62
H - $59.48
M - $10,309.54
H - $62.45
M - $10,825.04
H - $65.57
M - $11,366.29
Resolution No. 25-XX
Accountant H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Assistant City
Clerk
H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Coordinator II H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Engineering
Technician
H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Inspector H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Purchasing Agent H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Senior Specialist H - $42.04
M - $7,286.57
H - $44.14
M - $7,650.89
H - $46.35
M - $8,033.44
H - $48.66
M - $8,435.12
H - $51.10
M - $8,856.86
H - $53.65
M - $9,299.72
Analyst H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Coordinator III H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
IT Analyst I H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Planner H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Senior
Engineering
Technician
H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Senior Inspector H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Supervisor H - $46.71
M - $8,096.18
H - $49.04
M - $8,501.00
H - $51.50
M - $8,926.04
H - $54.07
M - $9,372.35
H - $56.77
M - $9,840.96
H - $59.61
M - $10,333.01
Assistant
Manager
H - $51.38
M - $8,905.78
H - $53.95
M - $9,351.05
H - $56.65
M - $9,818.62
H - $59.48
M - $10,309.54
H - $62.45
M - $10,825.04
H - $65.57
M - $11,366.29
IT Analyst II H - $51.38
M - $8,905.78
H - $53.95
M - $9,351.05
H - $56.65
M - $9,818.62
H - $59.48
M - $10,309.54
H - $62.45
M - $10,825.04
H - $65.57
M - $11,366.29
Senior Analyst H - $51.38
M - $8,905.78
H - $53.95
M - $9,351.05
H - $56.65
M - $9,818.62
H - $59.48
M - $10,309.54
H - $62.45
M - $10,825.04
H - $65.57
M - $11,366.29
Senior
Coordinator
H - $51.38
M - $8,905.78
H - $53.95
M - $9,351.05
H - $56.65
M - $9,818.62
H - $59.48
M - $10,309.54
H - $62.45
M - $10,825.04
H - $65.57
M - $11,366.29
Senior IT
Analyst
H - $56.05
M - $9,715.40
H - $58.85
M - $10,201.17
H - $61.80
M - $10,711.22
H - $64.89
M - $11,246.76
H - $68.13
M - $11,809.09
H - $71.54
M - $12,399.55
Resolution No. 25-XX
Engineer H - $56.05
M - $9,715.40
H - $58.85
M - $10,201.17
H - $61.80
M - $10,711.22
H - $64.89
M - $11,246.76
H - $68.13
M - $11,809.09
H - $71.54
M - $12,399.55
Section 8. The 5000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Technician II H - $35.25
M - $6,109.83
H - $37.02
M - $6,416.19
H - $38.86
M - $6,736.56
H - $40.80
M - $7,072.69
H - $42.84
M - $7,426.34
H - $44.99
M - $7,797.47
Section 9. The 5000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Technician I H - $28.02
M - $4,856.80
H - $29.42
M - $5,099.47
H - $30.90
M - $5,356.00
H - $32.44
M - $5,622.93
H - $34.07
M - $5,905.47
H - $35.77
M - $6,200.13
Technician II H - $32.69
M - $5,666.27
H - $34.33
M - $5,950.53
H - $36.05
M - $6,248.67
H - $37.84
M - $6,558.93
H - $39.73
M - $6,886.53
H - $41.72
M - $7,231.47
Dispatcher H - $32.69
M - $5,666.27
H - $34.33
M - $5,950.53
H - $36.05
M - $6,248.67
H - $37.84
M - $6,558.93
H - $39.73
M - $6,886.53
H - $41.72
M - $7,231.47
· Section 10. The 5100 series employee group and the following classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Police Officer H - $51.38
M - $8,905.87
H - $53.95
M - $9,351.33
H - $56.65
M - $9,818.33
H - $59.48
M - $10,309.87
H - $62.45
M - $10,824.67
H - $65.57
M - $11,365.47
Sergeant H - $60.72
M - $10,524.80
H - $63.76
M - $11,051.73
H - $66.95
M - $11,604.67
H - $70.29
M - $12,183.60
H - $73.81
M - $12,793.73
H - $77.50
M - $13,433.33
Section 11. The 6000 series employee group and the following classifications are established in the Compensation Schedule effective March 25, 2025 as follows:
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Fleet Technician H - $26.22
M - $4,544.80
H - $27.53
M - $4,771.87
H - $28.91
M - $5,011.07
H - $30.35
M - $5,260.67
H - $31.87
M - $5,524.13
H - $33.46
M - $5,799.73
Maintenance
Worker I
H - $26.22
M - $4,544.80
H - $27.53
M - $4,771.87
H - $28.91
M - $5,011.07
H - $30.35
M - $5,260.67
H - $31.87
M - $5,524.13
H - $33.46
M - $5,799.73
Utility
Maintenance
Worker I
H - $27.55
M - $4,775.33
H - $28.93
M - $5,014.53
H - $30.37
M - $5,264.13
H - $31.89
M - $5,527.60
H - $33.48
M - $5,803.20
H - $35.16
M - $6,094.40
Resolution No. 25-XX
Maintenance
Worker II
H - $28.99
M - $5,024.93
H - $30.43
M - $5,274.53
H - $31.96
M - $5,539.73
H - $33.55
M - $5,815.33
H - $35.23
M - $6,106.53
H - $36.99
M - $6,411.60
Senior
Custodian
H - $29.70
M - $5,148.00
H - $31.19
M - $5,406.27
H - $32.74
M - $5,674.93
H - $34.38
M - $5,959.20
H - $36.10
M - $6,257.33
H - $37.91
M - $6,571.07
Utility
Maintenance
Worker II
H - $30.45
M - $5,278.00
H - $31.98
M - $5,543.20
H - $33.57
M - $5,818.80
H - $35.25
M - $6,110.00
H - $37.02
M - $6,416.80
H - $38.86
M - $6,735.73
Light Equipment
Mechanic
H - $30.45
M - $5,278.00
H - $31.98
M - $5,543.20
H - $33.57
M - $5,818.80
H - $35.25
M - $6,110.00
H - $37.02
M - $6,416.80
H - $38.86
M - $6,735.73
Heavy Equipment
Operator
H - $30.45
M - $5,278.00
H - $31.98
M - $5,543.20
H - $33.57
M - $5,818.80
H - $35.25
M - $6,110.00
H - $37.02
M - $6,416.80
H - $38.86
M - $6,735.73
Facilities
Maintenance
Worker
H - $30.45
M - $5,278.00
H - $31.98
M - $5,543.20
H - $33.57
M - $5,818.80
H - $35.25
M - $6,110.00
H - $37.02
M - $6,416.80
H - $38.86
M - $6,735.73
Lead Maintenance
Worker
H - $32.79
M - $5,683.60
H - $34.43
M - $5,967.87
H - $36.15
M - $6,266.00
H - $37.96
M - $6,579.73
H - $39.85
M - $6,907.33
H - $41.84
M - $7,252.27
Lead Heavy
Equipment
Operator
H - $32.79
M - $5,683.60
H - $34.43
M - $5,967.87
H - $36.15
M - $6,266.00
H - $37.96
M - $6,579.73
H - $39.85
M - $6,907.33
H - $41.84
M - $7,252.27
Lead Utility
Maintenance
Worker
H - $34.40
M - $5,962.67
H - $36.12
M - $6,260.80
H - $37.93
M - $6,574.53
H - $39.82
M - $6,902.13
H - $41.81
M - $7,247.07
H - $43.90
M - $7,609.33
Heavy
Equipment
Mechanic
H - $34.40
M - $5,962.67
H - $36.12
M - $6,260.80
H - $37.93
M - $6,574.53
H - $39.82
M - $6,902.13
H - $41.81
M - $7,247.07
H - $43.90
M - $7,609.33
Traffic Signal
Technician
H - $36.19
M - $6,272.93
H - $38.00
M - $6,586.67
H - $39.90
M - $6,916.00
H - $41.89
M - $7,260.93
H - $43.99
M - $7,624.93
H - $46.19
M - $8,006.27
Lead Mechanic H - $37.98
M - $6,583.20
H - $39.87
M - $6,910.80
H - $41.86
M - $7,255.73
H - $43.96
M - $7,619.73
H - $46.16
M - $8,001.07
H - $48.46
M - $8,399.73
Traffic Signal
Electrician
H - $48.66
M - $8,434.40
H - $51.10
M - $8,857.33
H - $53.65
M - $9,299.33
H - $56.34
M - $9,765.60
H - $59.16
M - $10,254.40
H - $62.12
M - $10,767.47
Section 12. The 8000 series employee group classifications are established in the Temporary Hourly Compensation Schedule effective March 25, 2025 as follows:
Classification
Step 1 Step 2 Step 3 Step 4
Recreation Program Leader $18.13 $19.04 $19.99 $20.99
Senior Recreation Program Leader $22.04 $23.14 $24.30 $25.51 Youth Program Leader $18.13 $19.04 $19.99 $20.99
Senior Youth Program Leader $22.04 $23.14 $24.30 $25.51 Art Program Leader $18.13 $19.04 $19.99 $20.99
Senior Art Program Leader $22.04 $23.14 $24.30 $25.51
Resolution No. 25-XX
Special Events Assistant $18.13 $19.04 $19.99 $20.99
Stage Assistant $18.13 $19.04 $19.99 $20.99
Senior Stage Assistant $22.04 $23.14 $24.30 $25.51
Maintenance Assistant $18.13 $19.04 $19.99 $20.99
Senior Maintenance Assistant $22.04 $23.14 $24.30 $25.51 Facilities Assistant $18.13 $19.04 $19.99 $20.99
Senior Facilities Assistant $22.04 $23.14 $24.30 $25.51 Ranger $18.13 $19.04 $19.99 $20.99
Senior Ranger $22.04 $23.14 $24.30 $25.51
Office Assistant $22.04 $23.14 $24.30 $25.51
Senior Office Assistant $26.79 $28.13 $29.53 $31.01
Media Assistant $22.04 $23.14 $24.30 $25.51
Senior Media Assistant $26.79 $28.13 $29.53 $31.01
Technical Assistant $22.04 $23.14 $24.30 $25.51
Senior Technical Assistant $26.79 $28.13 $29.53 $31.01
Security Assistant $22.04 $23.14 $24.30 $25.51
Security Officer $26.79 $28.13 $29.53 $31.01
Senior Security Officer $32.56 $34.19 $35.90 $37.69
Lifeguard I $20.99
Lifeguard II $24.14
Sr. Lifeguard $26.55
Senior Aquatic Program Leader $30.52
Undergraduate Intern $26.79
Graduate Intern $31.02
Homeless and Community Safety Liaison $27.20 - $53.26 Project Assistant $31.73 - $54.40
Section 13. Continuation of Other Benefits. All other existing benefits for 8000 series, 6000 series, 5100 series, 5000 series, 4000 series, 3000 series, 2200 series, 2100 series, and 2000 series employees not conflicting with the above changes shall remain in effect until changed by the City through appropriate City Council action.
Section 14. Any Resolutions in conflict with provisions stated herein shall be considered superseded by the provisions contained within this Resolution.
Resolution No. 25-XX
PASSED, APPROVED, and ADOPTED this ____ 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 )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, ___________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No._____, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
_____________________________
1 9
7 8
STAFF REPORT
City of Lancaster
PH 1
3/25/25
TN
Date: March 25, 2025
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director of Parks, Arts, Recreation and Community Services Subject:Citywide Fee Schedule Amendment to Approve Proposed Memorial Bench Program Fees
Recommendation:
1.Adopt Resolution No. 25-____, establishing fees for the City’s Memorial Bench Program.
2. Establish a revenue project 6000BENCH.BENCHFEE (account 10160099.4713) for the Memorial Bench Program
3. Establish an expenditure project 6000BENCH.RPRS&MAINT (account 10160099.5790) for the Memorial Bench Program.
G.C. Section 84308: No
Fiscal Impact:
No Fiscal Impact. The fees collected will cover the purchase of the memorial bench and anticipated maintenance.
Summary:
The establishment of a Memorial Bench Program will provide residents with a meaningful way to honor and remember loved ones through the installation of personalized benches in City parks.
The Memorial Bench Program will allow individuals to dedicate a bench in memory of a loved one.
Each bench is personalized and placed in a city park, with locations determined by City staff based on suitability and availability. This program aligns with the City’s commitment to enhancing public spaces while offering residents a lasting tribute to those they wish to commemorate.
A one-time donation of $3,500 is proposed to cover:
•Purchase of the custom memorial bench.
•Site preparation and installation.
•Maintenance for a 10-year period.
During the 10-year maintenance period, if a bench is damaged beyond repair, the city will replace it at 1 9
7 8
no additional cost to the donor. After the 10-year period damaged benches will not be replaced.
All benches will be maintained in accordance with existing City property maintenance standards.
In conclusion, staff recommends the adoption of the $3,500 fee to establish the Memorial Bench Program. This initiative provides a meaningful option for residents to commemorate loved ones while contributing to the beautification of City parks.
SP:NF
Attachment:
Resolution No. 25-___
Legal Notice
RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AMENDING THE ESTABLISHED
CITYWIDE FEE SCHEDULE BY ESTABLISHING FEES
RELATED TO THE CITY’S MEMORIAL BENCH PROGRAM
WHEREAS, the Memorial Bench Program is a newly established community program to provide residents with a meaningful way to honor loved ones through the installation of personalized benches in City park; and
WHEREAS, the City desires to ensure the sustainability of the Memorial Bench Program; and
WHEREAS, the City desires to recover costs to contribute to the purchase, maintenance, upkeep, and replacement of the Memorial Benches; and
WHEREAS, the City seeks to establish Memorial Bench fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:
Section 1. Fees for the Memorial Bench Program are hereby established in the amount of $3,500.
Section 2. The effective date of this Resolution shall be March 25, 2025.
Section 3. Any Resolutions in conflict with provisions stated herein shall be considered superseded by the provisions contained with this Resolution.
PASSED, APPROVED, and ADOPTED on the 25 day of March, 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 )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 25-__, 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)
________________________________________
LEGAL NOTICE
CITY OF LANCASTER
NOTICE OF PUBLIC HEARING
NEW FEES FOR MEMORIAL BENCH PROGRAM
NOTICE IS HEREBY GIVEN that the City Council of the City of Lancaster will conduct a Public Hearing to consider the adoption of new fees for the newly established Memorial Bench Program. This new program will allow residents to honor a loved one’s memory with a personalized bench to be placed at one of our beautiful parks.
DATE OF HEARING: Tuesday, March 25, 2025
TIME OF HEARING: 1:30 p.m.
PLACE OF HEARING: Council Chambers
Lancaster City Hall
44933 Fern Avenue
The new fee structure for the Memorial Bench Program reflects the costs of purchasing, installing, and maintaining a personalized bench for a 10-year period. The fees will allow for benches purchased to be maintained in ways including, but not limited to, graffiti removal, paint touch up if necessary, and periodic cleaning. These fees have been determined based on the cost of the bench, installation, and standard maintenance for a 10-year period. We also gathered information from other cities and entities who have a similar program and have determined that our fee assessment is fair in comparison.
All persons having information relevant to the proposed resolution are hereby invited to appear at the time and place stated above to present such information to the City Council; or, prior to the hearing, any written correspondence may be submitted to the City Clerk at 44933 North Fern Avenue, Lancaster California, 93534, or by calling the City Clerk’s Department at (661) 723-6020 with comments relative to this public hearing.
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 public meeting, please contact the City Clerk at (661) 723-6020. TDD users may call the California TDD Relay Service at 1-800-735-2922. Services such as American Sign Language interpreters, a reader during the meeting, auxiliary aids, large print copies of the agenda and/or translation assistance for non-English speakers are available upon reasonable and timely request. 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 (5) or more business days’ notice is strongly recommended. For additional information, please contact the City Clerk at (661) 723-6020.
DATED: MARCH 11, 2025
ANDREA ALEXANDER, City Clerk
City of Lancaster
------------------------------------------------------------------------------------------------------------------------------ Published: Saturday, March 15, 2025 Antelope Valley Press (Public Notices) Thursday, March 20, 2025
Posted: Friday, March 14, 2025 Lancaster City Hall
Lancaster Library
U.S. Postal Service
A.V. Senior Center
STAFF REPORT
City of Lancaster
NB 1
3/25/2025
TN
Date: March 25, 2025
To: Mayor Parris and City Council Members
From: Allison E. Burns, City Attorney
Rodrick Armalin, Chief of Police - Lancaster Police Department Subject: Introduce and Adopt Urgency Ordinance No. __ to the Lancaster Municipal Code approving the updated Lancaster Police Department's Military Equipment Use Policy
Recommendation:
Introduce and adopt Urgency Ordinance No.____ to the Lancaster Municipal Code approving the updated Lancaster Police Department’s Military Equipment Use Policy.
Fiscal Impact:
$70,501.43; 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 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, 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 update the Lancaster Municipal Code to approve the updated Lancaster Police Department's Military Equipment Use Policy to reflect the purchase of bean bag munitions, Pava projectile launcher and munitions (pepperball), specialized firearms and ammunition of less than .50 caliber (duty rifles), three DJI M30T drones, and transfer into service previously city-owned equipment to the LPD consisting of one DJI M30T, one DJI Mavic 2 Pro, one Skydio x10, and one DJI Mavic 3 Enterprise.
Attachment:
1 9
9 0
Ordinance
LPD Military Equipment Policy 706
1 4938-5403-8052v1/022283-0548
5 1
8 2
ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LANCASTER APPROVING THE LANCASTER POLICE
DEPARTMENT’S UPDATED 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 City Council approved the Lancaster Police Department’s Military Equipment Use Policy (“MEUP”) on January 28, 2025, by the adoption of Ordinance No. 1125, which took effect immediately as an urgency ordinance; and
WHEREAS, the Lancaster Police Department has prepared and requested the City Council to approve the updated version of its MEUP that is attached hereto as Exhibit “A” and incorporated herein (“Updated MEUP”), which updates the MEUP to (a) conform to recently-enacted statutory amendments and (b) include a new inventory list; and
WHEREAS, the City Council finds and determines that the Lancaster Police Department’s Updated MEUP meets the requirements of AB 481 and approval is in the City’s best interest; 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 Updated 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 Updated 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 2 4938-5403-8052v1/022283-0548
5 1
8 2
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 Updated MEUP.
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. 3 4938-5403-8052v1/022283-0548
5 1
8 2
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was introduced and adopted as an urgency ordinance 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
A-1
4938-5403-8052v1/022283-0548
EXHIBIT “A”
Policy
706
LANCASTER POLICE DEPARTMENT
Policy Manual
Military Equipment Use Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, as and to the extent required by sections 7070 through 7075 of the California Government Code
706.2 DEFINITIONS
Definitions related to this policy include (Cal. Gov’t Code § 7070):
“Chief of Police” means the Chief of the Department, or his or her designee. “Department” means the City of Lancaster Police Department. “Military equipment” includes but is not limited to the following:
(a) Unmanned, remotely piloted, powered aerial or ground vehicles. (b) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(c) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(d) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (e) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (f) Weaponized aircraft, vessels, or vehicles of any kind. (g) Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(h) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(i) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
A-2
4938-5403-8052v1/022283-0548
(j) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(k) Any firearm or firearm accessory that is designed to launch explosive projectiles. (l) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (m) Area denial electroshock devices, microwave weapons, water cannons, long- range acoustic devices, acoustic hailing devices, and sound cannons. (n) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(o) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(p) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
“Military Equipment Coordinator” means the individual designated as the military equipment coordinator pursuant to section 706.4 of this policy.
706.3 POLICY
It is the policy of the Department that members of the Department comply with the provisions of section 7071 of the California Government Code with respect to the use of military equipment. 706.4 MILITARY EQUIPMENT COORDINATOR
The Chief of Police has designated the Assistant Chief 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 City Council 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 City Council.
(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 the Department (Cal. Gov’t 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.
A-3
4938-5403-8052v1/022283-0548
(f) Preparing the annual military equipment report for submission to the Chief of Police and the City Council and ensuring that the report is made available on the Department website (Cal. Gov’t Code § 7072).
(g) Coordinating the processing of complaints and concerns submitted pursuant to section 706.12 of this policy.
706.5 MILITARY EQUIPMENT CONSIDERATIONS
(a) The military equipment acquired and authorized by the Department and approved by the City Council is:
1. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (b) Military equipment shall be used by a Department member only after applicable training, as described in applicable Department Policies and Procedures, including the completion of any course required by the Commission on Peace Officer Standards and Training.
706.6 MILITARY EQUIPMENT INVENTORY
A list of qualifying equipment for the Department is attached as Attachment No. 1 to this policy and is incorporated herein by reference.
706.7 APPROVAL
The Chief of Police shall obtain approval from the City Council by way of an ordinance adopting this military equipment use policy. As part of the approval process, the Chief of Police shall ensure the proposed military equipment use policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Cal. Gov’t Code § 7071). This military equipment use policy must be approved by the City Council prior to engaging in any of the following (Cal. Gov’t 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 City Council.
(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.
A-4
4938-5403-8052v1/022283-0548
706.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be in accordance with this policy and all applicable Department policies. Military equipment used by any other departments that provides mutual aid within the Department’s jurisdiction shall comply with its department’s policies.
706.9 ANNUAL REPORT
Upon approval of this military equipment use policy, the Chief of Police shall submit a military equipment report to the City Council 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 (Cal.
Gov’t Code § 7072).
The military equipment coordinator shall 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 at a minimum include all of the information required by section 7072 of the California Government Code for the preceding calendar year. 706.10 COMPLIANCE
The Department will ensure that employees comply with this policy. All potential policy violations will be referred to internal affairs for investigation. (Cal. Gov’t Code §§ 7070(d), 7072(a)) 706.11 COMMUNITY ENGAGEMENT
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 public may discuss and ask questions regarding the annual report and the Department’s funding, acquisition, or use of military equipment.
706.12 PUBLIC CONCERNS
Any member of the public may submit a question or concern regarding the Department’s military equipment by contacting the Department via email at [email protected]. A response to the question or concern shall be completed and provided by the Department in a timely manner.
Attachment 1 to MEUP (Policy 706) | Page 1
4938-5403-8052v1/022283-0548
ATTACHMENT 1 TO MEUP (POLICY 706)
LANCASTER POLICE DEPARTMENT MILITARY EQUIPMENT INVENTORY Equipment Type: Unmanned Aerial Systems (UAS)/Drones
Equipment Name: DJI Matrice 30T
Quantity Owned: One (1)
Quantity Sought: Three (3)
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:
Cost per unit: $14,700
•$14,700 x 3 = $44,100.00
Annual Maintenance cost: $1500.00
•$1500 x 4 = $6000.00
Total cost: $50,100.00
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.
Attachment 1 to MEUP (Policy 706) | Page 2
4938-5403-8052v1/022283-0548
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: $3,628.00
Annual Maintenance Cost: $500.00
Total Cost: $4128.00
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.
Attachment 1 to MEUP (Policy 706) | Page 3
4938-5403-8052v1/022283-0548
Equipment Type: Unmanned Aerial Systems (UAS)/Drones
Equipment Name: Skydio X10
Quantity Owned: One (1)
Quantity Sought: Zero
Manufacturer Product Description:
Equipped with an onboard NVIDIA Jetson Orin GPU which the manufacturer states makes this one of the most intelligent UAVs on the market. The Skydio X10 Drone is designed, assembled, and supported in the United States of America. It has a maximum flight speed of 45 miles per hour, and a maximum flight time of 40 minutes. It will come equipped with a camera system which includes a narrow camera, a telephoto camera, as well as a radiometric thermal camera. It will also include obstacle avoidance equipment for day and night missions.
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:
Initial cost: $40,000
Annual Maintenance cost: $1500
Total cost: $41,500.00
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.
Attachment 1 to MEUP (Policy 706) | Page 4
4938-5403-8052v1/022283-0548
Equipment Type: Unmanned Aerial Systems (UAS)/Drones
Equipment Name: DJI Mavic 2 Pro
Quantity Owned: One (1)
Quantity Sought: Zero
Manufacturer Product Description:
“The DJI Mavic 2 Pro is a publicly obtainable (available for retail purchase by the public) Unmanned Aerial System (UAS). It is capable of 31 minutes of flight time with preprogrammed or remotely controlled flight. It can travel up to 5 meters/second and a maximum altitude of 6000 meters. It has a 12-megapixel photo/video camera capable of recording and live streaming, on a three-axis stabilizing gimbal.
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:
Initial cost: $2,500
Annual Maintenance cost: $500
Total cost: $3,000.00
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.
Attachment 1 to MEUP (Policy 706) | Page 5
4938-5403-8052v1/022283-0548
Equipment Type: Unmanned Aerial Systems (UAS)/Drones
Equipment Name: DJI Phantom 4 Pro V2.0
Quantity Owned: One (1)
Quantity Sought: Zero
Manufacturer Product Description:
UAS has a 20-minute flight time, optical color imaging capabilities, and video recording abilities.
Lifespan: Approximately 3 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. UAS will primarily be used for training purposes Only assigned operators who have completed the required training shall be permitted to operate the Unmanned Aircraft Systems (UAS).
Fiscal Impact:
Initial cost: $1,500
Annual Maintenance cost: $50
Total cost: $2,000.00
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.
Attachment 1 to MEUP (Policy 706) | Page 6
4938-5403-8052v1/022283-0548
Equipment Type: Specialized Firearms and Ammunition of Less Than .50 Caliber Equipment Name: GEISSELE SUPER DUTY MOD1-11.5”, 5.56MM – BLACK (SBR) Quantity Owned: Twelve (12)
Quantity Sought: Zero
Manufacturer Product Description:
LENGTH COLLAPSED: 29"
LENGTH EXTENDED: 32 1/4"
WEIGHT: Approx. 6.45 lbs
CALIBER: 5.56MM
COLOR: Black
GAS SYSTEM: Carbine
GAS BLOCK: Super Compact Gas Block
Lifespan: Approximately 10 years
Purposes/Authorized Uses: Primary rifle for the Lancaster Police Officers.
Fiscal Impact:
COST PER UNIT- $1,578.32
•$1,578.32 x 12 = $18,939.84
Total cost: $18,939.84
Legal/Procedural Rules Governing Use:
All applicable local, state, and federal laws, rules, and regulations governing the use of firearms and any such agency policies.
Training Required:
All persons qualified to use and assigned to carry rifles designated under California Penal Code §33220(b) undergo a California POST Approved course as well as regular departmental firearms training, and qualifications as specified by law, POST regulations, and department policy. The training days will be planned and overseen by POST Certified Range Instructors and annual qualifications with the rifle are required.
Other Notes:
None
Attachment 1 to MEUP (Policy 706) | Page 7
4938-5403-8052v1/022283-0548
Equipment Type: Pava Projectile Launcher and Munitions
Equipment Name:
1. PepperBall FTC Basic Launcher
2. PepperBall Live Pava (OC) Powder Projectiles
Quantity Owned: Two (2)
Quantity Sought: Zero
Manufacturer Product Description:
1. PepperBall FTC Basic Launcher:
The PepperBall FTC launcher with it’s simple to operate controls functions in semiautomatic mode only and is supplied with an adapter so it can be deployed in a bottle forward or bottle rearward configuration. The hopper can hold up to 160 round pepper ball projectiles. The PepperBall FTC can utilize an electronic or gravity feed hopper and exhibits a profile that is distinct to officers and the public (Hi-vis yellow). The FTC utilizes a 0.68 caliber projectile with a maximum distance of 32 yards. The FTC has a height of 13in/33cm and length of
8.5in/21.6cm (without tank) with an overall weight of 2.95lbs.
2. PepperBall Live Pava (OC) Powder Projectiles:
The classic .68 caliber PepperBall projectile. Contains 2% PAVA, and is excellent for direct impact and area saturation, especially in confined, interior spaces. Ultrasonically welded, 100% waterproof and non-flammable.
Lifespan:
1. PepperBall Full Tactical Carbine (FTC) Launcher: Ten (10) years
2. PepperBall Live Pava (OC) Powder Projectiles: Three (3) years Purposes/Authorized Uses:
The PepperBall Live Pava (OC) Powder Projectiles may be deployed under circumstances in which less intrusive methods have been unsuccessful or are not feasible.
Circumstances appropriate for deployment include, but are not limited to, situations in which:
• The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
• The suspect has made credible threats to harm him/herself or others. • The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and / or officers.
There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
Fiscal Impact:
COST PER LAUNCHER: $573.87
•$573.87 x 2 = $1,1474
COST PER BOX POWDER PROJECTILE: $821.59 Total cost: $1,969.33 Legal/Procedural Rules Governing Use:
All applicable local, state, and federal laws, rules, and regulations governing the use of firearms, and any such agency policies. All applicable local, state, and federal laws, rules, and regulations regarding use and deployment of crowd control devices, and any such agency policies Training Required:
All persons qualified to use and assigned to the PepperBall FTC munitions launchers undergo training under certified Less-Than-Lethal Munitions instructor(s), to include at a minimum classroom instruction, policy review, nomenclature, safe handling, appropriate targeting considerations, verbal commands and de-escalation, safe deployment, scenario-based training, and deployment after-action activities Other Notes:
None.
Attachment 1 to MEUP (Policy 706) | Page 8
4938-5403-8052v1/022283-0548
Equipment Type: Bean Bag Shotguns and Munitions
Equipment Name:
Defense Technologies Drag Stabilized 12-Gauge Beanbag Round Quantity Owned: One-hundred (100) rounds
Quantity Sought: Zero
Manufacturer Product Description:
Defense Technologies Drag Stabilized 12-Gauge Beanbag Round:
“The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities’ number one choice for specialty impact munitions. This round has a velocity of 270 fps with a maximum effective range of 75 feet.” Lifespan:
Defense Technologies Drag Stabilized 12-Gauge Beanbag Round: Five (5) years.
Purposes/Authorized Uses:
Defense Technologies Drag Stabilized 12-Gauge Beanbag Rounds may be deployed under circumstances in which less intrusive methods have been unsuccessful or are not feasible.
Circumstances appropriate for deployment include, but are not limited to, situations in which:
•The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
•The suspect has made credible threats to harm him/herself or others. •The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and / or officers.
•There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
Fiscal Impact:
Sold by units of five (5) rounds per box
Cost per box of five (5): $32.00
•$32.00 x 20 = $640.00
Total cost: $640.00
Legal/Procedural Rules Governing Use:
All applicable local, state, and federal laws, rules, and regulations governing the use of firearms, and any such agency policies. All applicable local, state, and federal laws, rules, and regulations regarding use and deployment of crowd control devices, and any such agency policies.
Training Required:
All persons qualified to use and assigned to carry the Remington 870 Shotgun undergo regular departmental firearms training and qualifications as specified by law, POST regulations, and department policy. All persons qualified to use the Remington 870 Shotgun to deploy Defense Technologies Drag Stabilized 12-Gauge Beanbag Rounds undergo training under the supervision of a certified departmental Less-Than-Lethal Munitions instructor(s), to include at a minimum classroom instruction, policy review, nomenclature, safe handling, appropriate targeting considerations, verbal commands and de-escalation, safe deployment, scenario based training, and deployment after-action activities.
Other Notes:
None.