Agenda packet — Lancaster City Council, May 27, 2025 (part 17 of 17)

E. On-site waiting and intake areas shall be enclosed or screened from the public right -of-way and adjacent properties.

F. Parking to serve all staff working in the emergency shelter shall be supplied at a ratio of one vehicle space per 10 beds, provided that this standard does not require more parking for emergency shelters or low barrier navigation center than other residential or commercial uses within the same zone.

G. The maximum number of beds or persons permitted to be served nightly by the facility shall be as limited to 150 beds.

H. Providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents and length of time which clients may be accommodated. The management plan shall also address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.230 Additional standards for low barrier navigation centers.

A. Applications shall be processed in accordance with Government Code Section 65664 provides timelines for action; the city must notify the developer within 30 days if the application is complete under Government Code Section 65493 and then must act on the application within 60 days from the date the application has been deemed complete.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Chapter 17.42 ALCOHOLIC BEVERAGE AND TOBACCO ESTABLISHMENTS

17.42.010 Purpose and intent.

The purpose of adopting regulations for the sale of alcoholic beverages and tobacco is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses.

This chapter alone does not allow or permit alcoholic beverage and tobacco establishments, but only applies to such establishments where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the operation of alcoholic beverage or tobacco establishments in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.020 Definitions.

For the purpose of this chapter, the following words or terms shall be defined as follows:
"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one -half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted with other substances, and sale of which require a license from the state ABC.
"Alcoholic beverage control (ABC)" means the California State Department of Alcoholic Beverage Control.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 447 of 482 ends

"Alcoholic beverage establishment" means any establishment involving the sale of alcohol. "Alcohol production" means an establishment where beer, wine and other spirits are prepared bottled, stored and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on site. Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered. "Alcohol production" shall be permitted in the i ndustrial zones. "Bar" includes establishments used primarily for the sale or dispensing of alcoholic beverages for on -site consumption and that are not part of a restaurant.
"Bona fide restaurant" includes establishments primarily engaged in the preparation and retail of food and/or beverage for on-site consumption. A full menu shall be available at all times that alcoholic beverages are offered.
"Convenience market/neighborhood market" means a retail establishment up to 5,000 square feet utilized for the sale of prepackaged food products, household items, and soft drinks. Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display of alcohol. The sale of spirits shall be subject to a conditional use permit and distance requirements. Convenience markets/neighborhood markets may be in conjunction with a fueling station.
"Enforcing officer" includes any city public safety officer, city community services officer, county sheriff's deputy, and any other public officer or employee designated by the city manager to issue administrative citations in accordance with Section 17.42.160.
"Entertainment" means any form of entertainment, whether live, televised audio or video taped, including, but not limited to, any type of performance for the purpose of amusing the audience, such as: dancing, singing, playing a musical instrument or acting.
"Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on- or off-sale consumption which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without substantial change in the mode or character of operation. "Grocery store/Supermarket/Drugstore" means any retail establishment larger than 5,000 square feet primarily selling food product, household merchandise and pharmaceutical drugs. Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol. This is not in conjunction with a fueling station.
"Liquor store" includes any establishment which primarily sells beer, wine, and/or other spirits for off -site consumption. The display sales floor area of alcohol exceeds 5% square footage of the sales floor area. "Mixed-use development" means a building or combination of buildings intentionally designed as a single development to accommodate a combination of residential and commercial uses. "Mixed-use district" means any physical location designated by the city of Lancaster general plan or zoning map as a mixed-use district.
"Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing.
"Operator" means any person who has an ownership interest, in any manner, in an alcoholic beverage establishment, including, without limitation, a corporation and each of its officers, directors and stockholders; a partnership and each of its partners; a limited liability company and each of its managing members. "Owner" means and includes any person with a recorded ownership interest in, or a right of possession, control or use of the premises on which an alcoholic beverage establishment is located, including all persons

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 448 of 482 ends

shown as owners on the last equalized assessment roll of the county assessor's office. Owners include property managers and persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers.
"Planning commission" means the planning commission of the city of Lancaster. "Responsible person" means an operator of an alcoholic beverage establishment, an operator's on -site manager(s), an operator's employees and/or a property owner, as defined herein. "Sales floor area" means the calculation of area for the sale and display of specified products, including but not limited to alcoholic beverages, fresh meat and fresh produce. The calculation of sales floor area percentage shall be based on the gross floor area of the premises, including any warehousing or storage areas and shall include actual product display areas and reasonable public access aisles within or adjacent to said display area. "Substantial change in mode or character of operation" means and includes, but is not limited to, the following situations:

1. The alcoholic beverage establishment has changed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;

2. An alcoholic beverage establishment increases floor area by more than 20%;

3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or

4. The establishment is a bona fide restaurant that adds entertainment, except for non- amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet or substantially change the character of the restaurant operation. “Smoking lounge” means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. This use may involve the on -sale, or for on-premise consumption, or off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter 17.43 Commercial Cannabi s Activity. “Tobacco Retail” also referred to as “smoke shop” means a business establishment primarily engaged or offers a substantial amount of product for the sale of tobacco, tobacco products, and tobacco paraphernalia, such as cigarettes, cigars, pipes, snuff, chewing tobacco, dipping tobacco, and vapes. This use may involve the off -sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter

17.43 Commercial Cannabis Activity.

(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.030 Uses and permit requirements.

Type of Establishment Sale Items Permitted
Zones
Permit
Required
Review
Authority
Alcohol Production Beer,
Wine,
and Spirits
LI and HI DR Community
Development
Director

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 449 of 482 ends

Alcohol Production with
minimum 25% and
maximum up to
40% retail and a food
menu
Beer,
Wine,
and Spirits
MU, C, and CPD DR Community
Development
Director
Bar Beer,
Wine,
and Spirits

MU, C, CPD,
LI, and HI
CUP Planning
Commission
Bona Fide Restaurant Beer,
Wine,
and Spirits

MU, C, CPD,
LI, and HI
DR Community
Development
Director
Convenience Market/
Neighborhood Market
Beer and
Wine

MU, C, CPD,
LI, and HI
MUP Community
Development
Director
Beer,
Wine,
and Spirits

MU, C, CPD,
LI, and HI
CUP Planning
Commission
Grocery Store/
Supermarket/Drugstore
Beer,
Wine,
and Spirits

MU, C, CPD,
LI, and HI
DR Community
Development
Director
Alcohol Sales in
Conjunction
and Incidental to a Primary
Use
Beer,
Wine,
and Spirits
MU, C, and CPD DR Community
Development
Director
Liquor Store Beer,
Wine,
and Spirits

MU, C, CPD,
LI, and HI
CUP Planning
Commission
Tobacco Retail Tobacco
products

MU, C, CPD, LI,
and HI
MUP* Community
Development
Director
Smoking Lounge Tobacco
products

MU, C, CPD, LI,
and HI
CUP Planning
Commission
DR: Director's Review

CUP: Conditional Use Permit

MUP: Minor Use Permit
*A CUP may be required for tobacco retail establishments subject to director’s determination.

(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 450 of 482 ends

17.42.040 Distance requirements.

A. Establishments that require a conditional use permit for alcohol, and tobacco retail establishments that require a minor use permit or conditional use permit, shall adhere to the distance requirements as specified below:

Alcoholic Beverage and Tobacco Establishments
Type of Establishment Distance
Requirement
Religious Assembly 300'
Public/Private School (K-12) 1,000'
Day Care Center 300'
Residential Use or Residentially Designated Property 300' Existing Alcoholic Beverage Establishment 500'
Public Park 500'
Hospital 500'

B. Measurement of Distance. The distance requirement shall be measured in a straight line from the closest property line to the closest property line.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.050 Findings.

The approving authority shall approve an application only after the applicant substantiates required findings below. If the application requires a conditional use permit then it shall make the following findings as well as the findings required by Section 17.32.090.

A. That the proposed use will be located within a zone which permits alcoholic beverages or tobacco products to be sold, served, or given away for on-sale or off-sale consumption, as the case may be, upon obtaining a conditional use permit;
B. That the proposed use will not adversely affect nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed alcoholic beverage or tobacco establishment to residential districts, schools (public or private), day care centers, public parks, playgrounds and other recreational facilities, churches or other places of religious worship, hospitals, clinics or other health care facilities; and C. That the proposed use serves the public convenience and necessity. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.060 Minor use permit.

A. Applicability. A minor use permit shall be filed subject to the uses and requirements table in Section

17.42.030.

B. Project Notice. A notice for a minor use permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code.

1. Owner(s) and applicant;

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 451 of 482 ends

2. All owners of property located within a five-hundred-foot radius of the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;

3. Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.

4. The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.

C. Reviewing Authority. The development services director is the decision maker that approves or denies an application. The community development director may refer an application to planning commission and/or city council for a decision on the application.

D. Conditions of Approval. In approving a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will accordance with the findings.

E. A CUP may be required for tobacco retail establishments in place of a MUP, if the Director determines that one or more of the following circumstances exist on the subject property:

1. Oversaturation of similar uses,

2. Significant crime and/or safety concerns, and

3. Unpermitted conditions, overdue fees to the COL or other agencies, and/or criminal history of those related to the project.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.070 Conditions of approval for on-sale alcoholic beverage establishments.

Establishments engaged in the retail sale of alcoholic beverages for on -premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on-sale beverage establishments shall be subject to the following conditions of approval:

A. The exterior of the premises shall be kept free of litter.

B. Graffiti shall be removed from the site within 72 hours.

C. Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the application.

D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot -candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.

F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours of operation.

G. All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the state ABC within 90 days of hire. Records

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 452 of 482 ends

of such training shall be maintained on the premises and made available to city or county sheriff's personnel upon request.

H. Noise levels at the property line of any sensitive use as listed in Section 17.24.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.

I. The management of any establishment selling alcohol shall take necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises, and to assure timely response to concerns of neighbors and local officials about problems related to alcohol sales and service at the establishment.

J. The owner of the establishment shall maintain all required permits and/or licenses for the sale of alcoholic beverages in good standing.

K. The establishment shall conspicuously post an interior sign stating:
"We ID everyone under 30 years of age for alcohol sales." The language of such sign shall be English, as well as the predominant language of the establishment's clientele.
(Ord. No. 1015, § 1, 12-13-2016)

17.42.080 Conditions of approval for off-sale alcoholic beverage establishments.

Establishments engaged in the retail sale of alcoholic beverages for off -premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for off-sale alcoholic beverage establishment shall be subjected to the following mandatory conditions of approval:

A. The exterior of the premises shall be kept free of litter.

B. Graffiti shall be removed from the site within 72 hours.

C. The sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs stating that drinking on the premises is prohibited by law shall be posted both inside and outside the establishment. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

G. All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the California Department of Alcohol Beverage Control within 90 days of hire. Records of such training shall be maintained on the premises and made available to the city or the county sheriff's department personnel upon request.

H. Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 453 of 482 ends

I. Exterior public telephones that permit incoming calls may not be located on the premises.

J. The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages, and will be considered on a case by case basis.

K. The planning commission may restrict alcoholic beverages sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.

L. No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler.

M. No sale of alcoholic beverages shall be made from a drive-through or walk-up window.

N. No display or sale of beer or wine shall be made from an ice tub.

O. No self-illuminated or "in-motion" advertising for beer or wine shall be located on buildings or windows, or be visible from outside the building.

P. If the establishment also engages in the sale of motor vehicle fuel, no advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(Ord. No. 1015, § 1, 12-13-2016)

17.42.090 Conditions of approval for on-sale or off-sale tobacco establishments.

Establishments engaged in the retail sale of tobacco products for on - or off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on- or off-sale tobacco retail establishment shall be subjected to the following mandatory conditions of approval:

A. The exterior of the premises shall be kept free of litter.

B. Graffiti shall be removed from the site within 72 hours.

C. For tobacco retail uses, the sale of tobacco products for consumption on premises shall be prohibited.

The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

G. Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the tobacco retail establishment shall not exceed 65 dBA.

H. Exterior public telephones that permit incoming calls may not be located on the premises.

I. The operation of video or any other electronic games may be prohibited in conjunction with the sale of tobacco products, and will be considered on a case by case basis.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 454 of 482 ends

J. The planning commission may restrict tobacco sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.

K. No sale of tobacco products shall be made from a drive-through or walk-up window.

L. No self-illuminated or "in-motion" advertising for tobacco products shall be located on buildings or windows, or be visible from outside the building.

17.42.100 Exceptions—Specific plan areas.

The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage or tobacco establishments. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.110 Existing deemed approved establishments selling alcoholic beverages or tobacco products.

Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages or tobacco products for on -sale or off-sale consumption shall be considered to have a "deemed approved" status and shall only be required to obtain the necessary permits for a "substantial change in mode or character of operation" as described in Section 17.42.020, or for a revocation or expiration of "deemed approved" status as set forth in Section 17.42.130. The distance requirements set forth in Section

17.42.040 shall not apply to any existing deemed approved alcoholic beverage or tobacco establishment. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.120 Performance standards; public nuisance.

A. The operator of an alcoholic beverage or tobacco establishment, whether operating with a "deemed approved" status or pursuant to a conditional use permit, minor use permit or director's review shall use and maintain the premises and conduct the business in a manner that comports with all applicable local, state and federal law, including but not limited to, the California Business and Professions Code, the Lancaster Property Maintenance ordinance (codified at Chapter 8.28), and the Lancaster Zoning ordinance (codified at Title 17).

Lawful property maintenance and business operations shall include, but are not limited to, the following:

1. The premises shall be maintained without the presence of garbage, junk, trash, debris or other miscellaneous items in exterior areas except in approved trash collection containers/enclosures.

2. The premises, including any surface of a structure, sidewalk, curb, ground surface, vehicle, tree, shrub, rock or other tangible item that is visible from publicly or privately owned real or personal property, shall be maintained free of graffiti. All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer as defined in this chapter.

3. The premises shall be maintained with all signage required by applicable state and local law, including but not limited to signs prohibiting loitering, public drinking and/or the presence of open alcoholic beverage containers on the premises.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 455 of 482 ends

4. The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of- way.

5. The premises shall be maintained without the presence of exterior public telephones. Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.

6. The operator of the establishment shall maintain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.

7. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.

8. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age, or knowingly allow such person to consume alcoholic beverages on the premises.

9. The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to:
a. Loitering;
b. Drinking alcoholic beverages and/or possessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved by the department of alcoholic beverage control and/or the city in conjunctio n with an on-sale establishment;
c. Littering;
d. Creating excessive noise;
e. Disturbing the peace;
f. Engaging in illegal drug activity or prostitution;
g. Trafficking in stolen goods;
h. Harassing passersby or business patrons;
i. Panhandling;
j. Engaging in acts of vandalism;
k. Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.

10. The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage or tobacco establishment is located do not constitute a public nuisance.

For purposes of this chapter, "reasonable steps" includes, without limitation, the following:
a. Requesting those persons engaging in conduct that constitutes a nuisance to cease that conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety.
b. Calling the city's law enforcement and/or public safety personnel if the operator's attempts to abate the nuisance conduct have been unavailing or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety. c. Timely undertaking actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 456 of 482 ends

establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.

B. The city council finds and declares that it is unlawful and a public nuisance for a person to use or maintain, or to permit the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or to conduct the business or permit the business to be conducted in a manner that is contrary to the requirements set forth in this Section 17.42.110, any city or state permits, licenses and/or approvals, and/or all other applicable sections of this Code, state or federal law or regulation, or that otherwise poses a threat to public health, safety and welfare.

C. An operator shall be deemed responsible for the act or omission of any on -site manager and/or employee who uses or maintains, or permits the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or who conducts the business or permit the business to be conducted, in violation of this chapter.

D. Upon the sale or transfer of ownership of an alcoholic beverage or tobacco establishment to a bona fide third party, previous findings of public nuisance uses, conditions and activities before such sale or transfer of ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.130 Conditional use permit, minor use permit and director's review: Expiration, modification, revocation.

A. A conditional use permit, minor use permit, director's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.

B. A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a determination that changed circumstances or unanticipated effects concerning the operation of the business establishment necessitate that conditions be added, amended or deleted.

C. A conditional use permit, minor use permit or director's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that consti tutes a public nuisance and/or a threat to public health, safety and welfare. The appropriate approving authority shall set a public hearing to consider such revocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.

1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 457 of 482 ends

17.42.140 Deemed approved status: Expiration, revocation.

A. The "deemed approved" status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.

B. The "deemed approved" status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.

C. An alcoholic beverage or tobacco establishment whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in the sales of alcoholic beverages or tobacco products without first obtaining a permit. In the event the planning commission or city council makes the determination that a permit shall be granted, said alcoholic beverage or tobacco establishment shall be subject to the conditions of approval.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.150 Temporary alcohol sales.

Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application is to be filed with the planning department at least 60 days in advance of the event.

The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.

A. The planning director shall review and approve requests for temporary alcohol sales through a director's review application.

B. Conditions for a director's review for a temporary sales:

1. The applicant shall obtain property owner's authorization.

2. The applicant shall obtain a business license and any other permits applicable for the event.

3. The applicant shall submit a site plan showing the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.

4. The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.

5. The applicant shall have control and containment of individuals who consume alcoholic beverages.

6. The county sheriff's department shall review the application to determine the number of deputies required for security of the event based on the type and size of the event.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 458 of 482 ends

7. All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.

8. A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.

9. The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.

10. The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.

11. The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape areas are also to b e restored to the original condition.

The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.

12. The planning director may require a cash deposit to ensure compliance with the conditions of approval.

13. The planning director may impose any additional conditions determined necessary to protect the public health, safety, and welfare.

C. Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
(Ord. No. 1015, § 1, 12-13-2016)

17.42.160 Violation, penalty, remedies.

A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.

B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage or tobacco establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.

C. In addition to or in lieu of any administrative, civil or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.

D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.170 Administrative citations.

A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establishment is located, and/or who has operation or permitted the

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 459 of 482 ends

operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an administrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.

1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.

2. An owner of the property on which the alcoholic beverage or tobacco establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or
b. Based on the totality of the circumstances as determined by the enforcing officer.

B. Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager. Alternatively, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.

C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identification presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.

The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.

D. The citation shall be in a city-approved format, and shall include the following information:

1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;

2. A brief description of the condition and/or activity that constituted a public nuisance;

3. A statement describing the right to appeal the citation;

4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.

E. The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows:

1. For the first administrative citation, the penalty shall be $500.00;

2. For the second and any subsequent administrative citation, the penalty shall be $1,000.00.

F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 460 of 482 ends

17.42.180 Initial review of administrative citation or ability to pay.

A. Request for initial review of administrative citation.

1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance.

2. Upon timely receipt of a written request for an initial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request.

The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.

B. Initial review of ability to pay.

1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for revi ew of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.

2. The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.

3. The reviewer, in conference with the director, shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 461 of 482 ends

4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one payment, shall submit payment of the full amount of the citation within 30 calendar days from the date of the notice of determination of ability to pay.

5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Editor's note(s)—Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021, repealed the former § 17.42.170, and enacted a new § 17.42.170 as set out herein. The former § 17.42.170 pertained to right of appeal from an administrative citation and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016.

17.42.190 Administrative hearing.

A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city - approved form to the city clerk within 14 calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which corre spondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.

B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.

C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer.

Written notice of the time and place for the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.

D. An appellant may request, in writing, that the director reschedule the hearing if the request is made at least 24 hours prior to the hearing. The director shall grant one continuance of the hearing date.

E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.

F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 462 of 482 ends

G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice.

A copy of the written decision shall be served on the appellant by first class mail within 14 days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.

H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Editor's note(s)—Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021, repealed the former § 17.42.180, and enacted a new § 17.42.180 as set out herein. The former § 17.42.180 pertained to severability and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016.

17.42.200 Community service in lieu of payment of penalty.

A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.

B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

17.42.210 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022)

Chapter 17.43 COMMERCIAL CANNABIS ACTIVITY7

7Editor's note(s)—Ord. No. 1083, § 1(Exh. A), adopted May 11, 2021, repealed the former Ch. 17.43, §§

17.43.010—17.43.170, and enacted a new Ch. 17.43 as set out herein. The former Ch. 17.43 pertained to similar subject matter and derived from Ord. No. 1053, § 1, 12-11-2018.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 463 of 482 ends

17.43.010 Purpose.

A. The purpose of this chapter is to regulate all "commercial cannabis activity" in the city, as that term is defined in Section 26001(k) of the Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city. The purpose of this chapter is also to align the city's regulation of commercial cannabis activity with appl icable state law and to regulate the types of commercial cannabis activity permitted under state law. This chapter is enacted specifically in response to the state laws that permit commercial cannabis activity and the objective of this chapter is to minimize its negative impacts.

B. This chapter is further adopted and established pursuant to the specific authority granted to the city in Section 7 of Article XI of the California Constitution and Division 10 of the Business and Professions Code.

This chapter, together with chapter 5.56 and all other applicable law, shall govern all commercial cannabis activity that occurs within the city.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.020 Relationship to other laws.

In the event of a conflict between the provisions of this chapter and the provisions of any other applicable state or local law, the more restrictive provision shall control. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.030 Definitions.

A. The following terms shall be defined as follows:
"Adult-use" or "adult-use cannabis" means cannabis or cannabis product that is used or intended to be used by adults who are over twenty-one (21) years of age and who do not possess a physician's recommendation for medicinal cannabis.
"Applicant" means a person applying for a city commercial cannabis license. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that te rm is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter.
"Cannabis cultivation facility" means a facility wherein cannabis is propagated, planted, grown, harvested, dried, processed, stored, cured, graded, labeled, tagged for tracking or trimmed, or that does all or any combination of those activities. For purposes of this chapter, "cultivation facility" also means and includes stand - alone nurseries and processing facilities.
"Cannabis dispensary" or "dispensary" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 464 of 482 ends

"Cannabis distribution facility" means any facility or location where the primary purpose is the procurement, sale, and transport of cannabis and cannabis products between licensed entities. "Cannabis facility" means collectively any cannabis cultivation, manufacturing, distribution or retail facility, as those terms are defined in this chapter. A "cannabis facility" may be comprised of: all structures located on a parcel operated by a single licensee; one or more buildings operated by a licensee on a parcel that contains other building(s) which are operated by other licensees; or a suite or unit within a building operated by a licensee that contains other suites or units operated by other licensees. For purposes of this chapter, "cannabis facility" and "facility" may be used interchangeably.
"Cannabis manufacturing facility" means a facility where the production of cannabis concentrate, or preparation, propagation, compounding and/or packaging of manufactured cannabis is conducted, either directly or indirectly or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
"Cannabis product," means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis retail facility" means a building, or a suite or unit within a building, in which a licensed cannabis retailer or licensed microbusiness authorized to engage in retail sales displays, offers and/or sells cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale.
"Canopy" means the total combined indoor area for all locations on a property where cannabis is being cultivated, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. This does not include aisles or walkways. "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, processing, storing, packaging, labeling, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products from a licensed retailer or licensed microbusiness authorized to engage in retail sales to a purchaser. "Delivery" also includes the use by a cannabis facility of any technology platform owned and controlled by the cannabis facility, that enables purchasers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. "Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers cannabis goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed cannabis business entities.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code.
"Good cause" for purposes of denying, revoking, suspending, or refusing to renew or reinstate a license includes, but is not limited to, the following:

1. The licensee or applicant has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and/or rules promulgated pursuant to state law, any applicable local rules and/or regulations, or any special terms or conditions placed upon its conditional use permit, state license, and/or city license;

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 465 of 482 ends

2. The licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located, causes adverse economic impacts, increased crime, increased incidence of communicable disease, increased demand on public safety resources and law enforcement personnel, decreased property values and/or an increase in the number of transients in the area;

3. The licensee or applicant has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;

4. Issuance of the license would impair the health, safety or welfare of the public, cause negative impacts to property values, impair the city's ability to prevent crime associated with cannabis, and/or impair the city's ability to ensure that cannabis grown remains secure and does not find its way to minors or illicit markets.

5. The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, or that otherwise indicates that his or her operation of a cannabis facility would pose a hazard to public health and safety;

6. The licensee or applicant is employing or being financed in whole or in part by any person whose criminal history indicates that person is not of good moral character or that otherwise indicates his/her financial interest in a cannabis facility will pose a hazard to public health and safety;

7. The applicant or licensee has failed or refused to allow city officials to inspect security recordings, activity logs, or business records, of the licensed premises;

8. The licensee has failed to adequately reconcile its inventory, such that shortages in its cannabis and/or cannabis product cannot be accounted for in the paper and/or electronic inventory tracking system(s);

9. The applicant or licensee has failed to pay any and all cannabis fees, surcharges, and/or fully adjudicated administrative citations;

10. The applicant or licensee has had a primary or tenant license revoked or has had more than one suspension on its primary or tenant license by the city; or

11. The applicant or licensee operated a cannabis business in violation of this chapter, chapter 5.56, or any other applicable state or local law.
"Indoor cultivation" means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty -five watts per square foot. "Legal parcel" means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.
"Licensee" means a person who has been issued a city license to conduct commercial cannabis activity on premises for which a conditional use permit has been approved. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. "Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) by a medicinal cannabis patient in California who possesses a physician's recommendation. For purposes of this chapter, "medicinal" and "medical" may be used interchangeably.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 466 of 482 ends

"Mixed-light cultivation" means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure using a combination of: (1) Natural light and light deprivation and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" without the use of artificial light or the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed -light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot; or (2) Natural light and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot. "Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. "Outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time. Artificial lighting is permissible only to maintain immature plants outside the canopy area.
"Person," as used in this chapter, means and includes any individual, partnership or any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed. "Process" or "Processing" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products. "Responsible person" means any person, whether as a licensee, property owner, lessee, employee, agent, or otherwise, that allows, causes, creates, maintains, or permits any violation of this chapter, chapter 17.43, or applicable state or local cannabis law or regulation, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's employee, agent, representative or contractor may be attributed to that responsible person.
"State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 through 11362.83 (Medical Cannabis Program Act); California Business and Professions Code Sections 26000 through 26231.2 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), and all other applicable laws of the state of California. "State license," "license," or "registration" means a state license issued pursuant to MAUCRSA. "State licensing authority" shall mean the Bureau of Cannabis Control within the California Department of Consumer Affairs, the California Department of Public Health, the California Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a license issued under MAUCRSA or the agency authorized to take disciplinary action against such license. "Testing laboratory" has the same meaning as that term is defined by Section 26001(as) of the Business and Professions Code and shall mean a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state;

2. Licensed by the bureau of cannabis control.

B. Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:

1. The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5);

2. The Medical Cannabis Program Act (California Health and Safety Code Sections 11362.7 through 11362.83); and

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 467 of 482 ends

3. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26231.2) as may be amended from time to time. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.040 Permissible cannabis commercial activity; number of permissible facilities.

A. Subject to chapter 5.56 and all other applicable state and local laws and regulations, a person may conduct the following types of commercial cannabis activities subject to the requirements and restrictions set forth in this chapter:

1. Cultivation, including indoor cultivation, mixed-light cultivation, and stand-alone nurseries and processing facilities;

2. Manufacturing;

3. Distribution;

4. Retail sales;

5. Delivery, when originating from a retail facility within the city at a location for which a conditional use permit has been approved and whose owner possesses current and valid local and state licenses and permits;

6. Testing laboratories, accredited and licensed as required pursuant to MAUCRSA.

B. The maximum number of licenses issued by the city may be limited by written policy prepared and implemented by the city manager, said policy to be distributed to the City Council within ten (10) business days of its promulgation or amendment.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.045 Prohibited commercial cannabis activity.

It shall be unlawful to engage in commercial cannabis activity in the city except as provided in section

17.43.040 of this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.050 Cannabis facilities conditionally permitted.

Cannabis facilities, as defined herein, shall be conditionally permitted within the city, subject to the requirements of this chapter, chapter 5.56 and all other applicable state and local laws. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.060 License and conditional use permit required to operate.

A. Cannabis facilities shall only be permitted to operate in the city following application, investigation, verification, notice and public hearing, approval and issuance of both a license issued by the city in accordance with the criteria and procedures set forth in chapter 5.56 and a conditional use permit issued in accordance with the criteria and procedures set forth in this chapter and any policies, procedures and/or regulations promulgated by the city manager to implement the provisions of this chapte r and chapter 5.56.

No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy,

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 468 of 482 ends

zoning clearance, or other land use authorization for a cannabis cultivation facility shall be granted, permitted or valid unless a conditional use permit is first obtained and issued under this chapter.

B. All persons who are engaged in or who are attempting to engage in cannabis commercial activity shall do so only in strict compliance with the terms, conditions, limitations and restrictions of chapter 5.56, this chapter and all other applicable state and local laws and regulations.

C. The city manager is authorized to make policies and procedures consistent with this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.070 Conditional use permit application process.

A. Prior to initiating operations and as a continuing requisite to operating a cannabis facility, the applicant shall obtain a conditional use permit under the terms and conditions set forth in this chapter. The applicant shall file an application for a conditional use permit with the city's development services department on the official form supplied by the city and shall pay the applicable application fee as established by resolution of the city council, as may be amended from time to time. The provision s of chapter 17.32 that govern conditional use permits generally shall apply to conditional use permits applied for and/or issued under this chapter; provided, however, that to the extent of any conflict or inconsistency between chapter 17.32 and this chapter, the provisions of this chapter shall control.

B. An application for a conditional use permit shall include the information and documents required by the applicable state licensing agency, the requirements as specified in the development review application checklist provided by the city, and shall also include at least the following information:

1. Environmental plan. An environmental plan indicating how cultivation, manufacturing, distribution and/or retail will be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges.

2. Emergency response plan. An emergency response plan which complies with this Code and the California Fire Code, and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.

3. License. Proof that the applicant has been provisionally approved for a city license for the proposed facility.

4. Context aerial map. An aerial map stating the distances between the proposed cannabis facility and the nearest residence, school, park and church.

5. Address of cannabis facility. The address of the location of the proposed cannabis facility.

6. Site plan and floor plan. A site plan and floor plan of the proposed cannabis facility denoting all uses of areas of the cannabis facility, including any and all storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas.

7. Interior improvements. Plans and specifications for the interior of the proposed licensed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed or renovated.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 469 of 482 ends

8. Owner and manager information. The name, address, telephone number and email of any person who is an owner, a manager and person responsible for the day-to-day operations of the proposed cannabis facility.

9. Property owner information and acknowledgement. The name, address, telephone number and email of the person that owns the real property upon which the proposed cannabis facility is to be operated.

In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person who owns the property that a cannabis facility will be operated on his or her property.

10. Operating plan. An operating plan for the proposed cannabis facility that includes at least the following information:
a. A description of the design of the proposed licensed premises evidencing that the design conforms to applicable local and state laws and regulations. b. A detailed description of the type of cultivation processes to be utilized, including, without limitation, all nutrients, chemicals and other materials. c. A detailed breakdown of square footages for each of the areas dedicated to the cultivation, manufacturing, storage, display and/or sale of cannabis and cannabis related items, as applicable. d. A specific description of the types of manufacturing products, activities, extraction and/or infusion methods, packaging, specific equipment to be utilized, whether and which volatile solvents will be used, and what percentage of the facility will be us ed for such activity. e. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
f. Verification of all water sources used by the proposed cannabis facility and verification that the proposed cannabis facility does not and will not utilize water that has been or is illegally diverted from any stream, creek, or river.
g. Evidence of compliance with all applicable environmental laws and regulations, including, without limitation, those pertaining to air and water quality. h. Any additional document(s) or information reasonably requested by the city.

11. Security plan. A security plan that, to the satisfaction of the city, addresses how the applicant intends to comply with and implement all requirements of this chapter, chapter 5.56 and the MAUCRSA, including, but not limited to, a description of how the security measures are sufficient to ensure the safety of on-site managers and employees, protect the proposed licensed premises from diversion and theft, and ensure that all buildings where cannabis is cultivated or stored and/or where cannabis products are manufactured, packaged and stored are secured sufficiently to prevent unauthorized entry.

12. Odor filtration system. Verification that the proposed cannabis facility will be equipped with an odor filtration system that meets the following requirements:
a. A cannabis facility shall install or provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected or detectable outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze - ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 470 of 482 ends

b. For enforcement purposes, the standard for determining what constitutes an unlawful odor under this subsection shall be whether such an odor would be deemed offensive to a reasonable individual on an ongoing or periodic basis and personally detectable by city staff or law enforcement personnel.

13. Declaration. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

14. Acknowledgement. Authorization for the city to seek verification of the information contained within the application.

15. Any such additional and further information as is deemed necessary by the city to administer this section or this chapter.

C. The city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, chapter 5.56 and all other applicable state and local laws and regulations. The applicant shall be solely responsible for the cost of any environmental report, study or other document determined by the city to be necessary in order to process the application. Upon the city's demand, the applicant shall deposit with the city the estimated cost of the environmental report, study or other document determined by the cit y to be required by applicable law.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.080 Grounds for denial of conditional use permit.

A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis facility unless the city has provisionally approved the applicant's license pursuant to chapter 5.56.

B. In addition to the findings set forth in section 17.32.090 of this Code, a conditional use permit shall only be granted subject to certain conditions to protect the health, safety and general welfare of the neighborhood or community, and subject to the following findings:

1. The cannabis facility as well as all operations as conducted therein, fully comply with all applicable environmental, building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all other applicable local and state laws and regulations; and

2. The cannabis facility complies with and meets all operating criteria required pursuant to state laws, chapter 5.56 of this Code, any other applicable provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.

C. Following the public hearing, the planning commission shall deny an application for a conditional use permit upon making any of the following findings, which shall be made part of the record of the meeting/public hearing:

1. The findings required by section 17.32.090 or subsection B, above, for the granting of a conditional use permit cannot be made; or

2. Good cause, as defined in this chapter.

D. Based on the information set forth in the application, the staff report presented by city staff and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on a

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 471 of 482 ends

proposed cannabis facility in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.090 Transfer of ownership interest to a new owner, modification of licensed premises and other material changes.

In addition to any requirements in chapter 5.56 of this Code, the following requirements for change of ownership to a new owner, or modification of a cannabis facility apply.

A. Change of ownership interest to a new owner. A conditional use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership interest in the cannabis facility in the same area, configuration, and manner as it was originally approved in compliance with this chapter. Notwithstanding anything in this Code to the contrary, a new owner of a facility may not commence operations at the premises until the transfer of ownership interest to a new owner has been approved by the city and the new owner has been issued a primary license.

B. Modification of licensed premises. A cannabis facility shall not make physical change, alteration, or modification that materially changes the facility from the plans approved by the city and/or planning commission without paying the fee established by resolution of the city council and obtaining director's review and approval, and complying with any new conditions of approval. Material changes shall comply with all current building and safety codes as determined by the fire chief and building official.

Material changes include, but are not limited to: a decrease in the number of security cameras, the relocation of any security camera included in the security plan approved pursuant to section 17.43.070, an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress.

The city may deny a requested material modification if, in its sole discretion, it determines that such modification poses or has the likelihood of posing a hazard to public health, safety or welfare, or will otherwise be detrimental to the neighboring community. Subject to director's review and approval, additional permissible commercial cannabis activities may be added to a parcel for which a cannabis conditional use permit has previously been approved.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.100 Appeals.

Any decision regarding the planning commission's or director's review approval, conditional approval, denial, or revocation or modification of a conditional use permit for a cannabis facility may be appealed to the city council in accordance with the provisions of chapter 2.44 of this Code. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.110 Permitted zones, distance and size requirements.

A. Permitted zones. Subject to the distance and other requirements of this chapter, a cannabis facility may only be located on a property within the light industrial (LI) zone, heavy industrial (HI) zone, or any adopted specific plan that permits industrial uses, and following the application for and granting of a conditional use permit in accordance with this chapter. In addition to the other required findings, the planning commission shall also consider whether approval of the proposed facility will violate the minimum requirements set forth in this section.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 472 of 482 ends

B. Distance and size requirements.

1. No cannabis facility shall be located within six hundred (600) feet of the following:
a. A religious assembly;
b. A public or private school, college or university (excluding trade schools); c. A residential use or residentially designated property; e. A public park.

2. An applicant for a conditional use permit pursuant to this chapter may request, in conjunction with the conditional use permit, a waiver of the foregoing distance requirements; provided, however, that no waiver may be requested or shall be granted for mixed-light cultivation utilizing hoop-houses or similar soft-sided and/or temporary structures. In considering such request, the planning commission may approve a waiver if it makes the following findings:
a. The cannabis facility will serve a specific community need; and b. The distance waiver approved for the facility is not expected to result in an adverse effect on adjacent property, uses or residents.

3. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis facility is, or will be located, to the nearest property line of the parcel where such use set forth in this subsection B is located.

4. All indoor cultivation/manufacture of cannabis shall occur in an enclosed locked structure that shall not exceed size limits set by state licensing/regulatory agencies. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.120 Confidentiality of information.

A. The city's review of information submitted or maintained pursuant to this chapter shall preserve the confidentiality of all information about applicants, licensees, owners, and employees, to the maximum extent consistent with state and local law. The city shall incur no liability for the inadvertent or negligent disclosure of such information. Disclosure of any applicant or licensee information to the city for purposes of this chapter shall not be deemed a waiver of confidentiality.

B. The city shall treat all financial information provided pursuant to this chapter as financial data in accordance with the California Public Records Act (California Government Code Section 6254(n)).

C. To the extent permitted by law, recordings from security cameras, as well as operating plans and security plans required by this chapter shall be confidential and shall not be subject to public inspection or disclosure except to authorized city employees.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.130 Limitations on city's liability.

To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis facility approved pursuant to this chapter. As a condition of approval of a conditional use permit as provided in this chapter, the applicant or its legal representative shall:

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 473 of 482 ends

A. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the facility;
B. Agree to defend, at its sole expense and with counsel of the city's choice, any action against the city, its agents, officers, and/or employees related to the approval of a primary license; and C. Agree to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of a primary license.

D. Expressly acknowledge in writing that (i) the city incurs no liability whatsoever as a result of the city's issuance of a license pursuant to chapter 5.56, a conditional use permit pursuant to this chapter and/or approval of the security plan required by this chapter, (ii) the applicant is aware that engaging in commercial cannabis activity may violate federal law, including, without limitation, the Controlled Substances Act, 21 U.S.C. § 801 et seq., and the applicant assumes all liability for such viola tion. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.140 Inspections.

A. Recordings made by security cameras at any cannabis facility shall be made immediately available to the city's public safety department, the city manager, the Los Angeles County Sheriff's Department or their designee upon verbal request for enforcement and/or criminal investigation purposes.

B. The city manager, or his or her designee, law enforcement officers, city development services department personnel and city public safety personnel and compliance inspectors shall have the right to enter all cannabis facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and chapter 5.56. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.150 Violations and enforcement.

A. Operation of a cannabis cultivation facility in non-compliance with any conditions of approval or the provisions of this chapter, chapter 5.56, any other applicable state or local law or regulation, or condition of any license or permit shall constitute a misdemeanor and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day a violation is co mmitted or permitted to continue shall constitute a separate offense.

B. The city may issue an administrative citation to any responsible person, as defined herein, for each violation of this chapter pursuant to the procedures set forth in chapter 9.48; provided, however, that notwithstanding the provisions of subsection 9.48.060(E), the penalty amounts of administrative citations issued for violations of this chapter shall be as follows, may be amended from time to time by resolution of the city council:

1. For the first violation within a twelve (12) month period, the penalty shall be ten thousand dollars ($10,000.00);

2. For the second and any subsequent violation within a twelve (12) month period, the penalty shall be twenty thousand dollars ($20,000.00).

C. In lieu of or in addition to the foregoing, the city may collect any and all abatement and related administrative costs pursuant to the provisions of section 8.28.210.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 474 of 482 ends

D. The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation or non-compliance, the city may pursue any proceedings or remedies otherwise provided by law. Any administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to correct or abate any unlawful nuisance condition or use caused by a licensee, permittee or cannabis facility. A civil or criminal actio n may be brought concurrently with any other process regarding the same violation.

E. Applicants and licensees shall cooperate with employees and investigators of the city who are conducting inspections or investigations of or pertaining to the enforcement of laws and regulations related to this chapter. No applicant or licensee shall by any means interfere with, obstruct or impede the city manager or any member of the city's development services or public safety department, law enforcement personnel, or other city official from exercising his/her duties under the provisions of this chapt er and all regulations promulgated pursuant to it.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.160 Revocation of conditional use permit.

Revocations of a conditional use permit issued under this chapter shall be governed by section 17.32.890, et seq. of this Code. In addition to the grounds for revocation set forth in section 17.32.890, the planning commission and/or the city council may suspend or revoke a conditional use permit if the planning commission and/or the city council find:

A. Good cause;
B. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state and ordinances of the city applicable to such business operations; or C. The cannabis facility has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the planning commission to initially deny the conditional use permit, including, but not limited to, failure to comply with the operating plan or safety plan approved pursuant to section 5.56.070. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.170 Public nuisance.

A. It is unlawful and shall constitute a public nuisance to engage in or conduct any commercial cannabis activity in violation of this chapter, chapter 5.56 or any other applicable local or state law or regulation, or condition of a license or permit.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.180 Regulations.

The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 475 of 482 ends

17.43.190 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
Chapter 17.44 CONTINUATION, PENDING PROCEEDINGS AND REPEALS

17.44.010 Continuation of existing law.

The provisions of this title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the ordinance codified in this title shall be construed as restatements and continuation thereof, and not as new enactments.
(Prior zoning ord. § 801)

17.44.020 Pending proceedings not affected.

No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to this title effective on said November 5, 1971, or by the provisions of this title, but all proceedings thereafter taken shall conform to the provisions of this title so far as possible. Where the commission prior to said November 5, 1971, has recommended the granting, denial, revocation or modification of any permit, exception, license, or other approval, to the city council, the said council may act upon such recommendation either before or after November 5, 1971. In all other cases the commission shall grant, deny, revoke or modify as now provided in this title even if the action was initiated prior to November 5, 1971. (Prior zoning ord. § 802)

17.44.030 Pending proceedings.

If, prior to November 5, 1971, an application for an exception has been heard by the board of supervisors, commission or zoning board but has not been decided on November 5, 1971, the city council and commission may, where applicable, consider the case as either an application for a variance or for a conditional use permit, and shall decide or recommend pursuant to the provisions of this title as they now exist. (Prior zoning ord. § 803)

17.44.040 Rights under existing approval not affected.

No rights given by any permit, license or other approval under any ordinance repealed by the ordinance codified in this title are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this title.
(Prior zoning ord. § 804)

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 476 of 482 ends

17.44.050 Prior approval of permits and maps.

No rights given by any permit or tentative map approval, or existing extension thereof, under any ordinance in effect prior to the effective date of this amendment shall be affected by this amendment. (Prior zoning ord. § 804.1)

17.44.060 Conviction of crime.

Any conviction for a crime under any ordinance which is repealed by the ordinance codified in this title, which crime is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under such repealed ordinance. (Prior zoning ord. § 805)

17.44.070 Repeals.

Ordinance No. 219 entitled "An Ordinance Regulating the Storage and Transportation of Explosives in the County of Los Angeles," adopted October 11, 1909; Ordinance No. 1454, entitled "An Ordinance Regulating the Establishment and Maintenance of Rock Quarries, Sand and Gravel Pits and Rock Crushing Plants in the County of Los Angeles," adopted March 14, 1927; Ordinance No. 1473 (New series) entitled "An Ordinance Providing for the Creation in the Unincorporated Area of the County of Los Angeles of Seven Zone s Prescribing the Classes of Uses of Buildings, Structures, Improvements and Premises in Said Several Zones and Providing a Penalty for the Violation Thereof," adopted May 2, 1927; Ordinance No. 2179, entitled "An Ordinance Providing for a Comprehensive Scheme of Building Line Restrictions in the Unincorporated Territory of the County of Los Angeles," adopted November 2, 1932; Ordinance No. 2854, entitled "An Ordinance Regulating the Establishment, Maintenance and Extension of Cemeteries in the County of Los Angeles, Providing for the Issuance of Permits Therefor, and Providing Penalties for the Violation Thereof," adopted January 20, 1937; and Ordinance No. 5070, entitled "An Ordinance Temporarily Restricting and Regulating Residential Construction, Occupat ion and Use in the Laguna Domingues Area, Pending the Adoption of Permanent Official Plans of the Master Plan of Land Use," adopted February 17, 1948, are repealed.
(Prior zoning ord. § 806)

17.44.080 No revival of repealed ordinances.

The repeal of said Ordinance No. 2854 does not revive Ordinance No. 927, New Series, entitled "An Ordinance Prohibiting the Establishment of Certain Institutions in Certain Localities in the County of Los Angeles," adopted October 1, 1923, nor any other ordinance or portion thereof repealed by said Ordinance No. 2854. (Prior zoning ord. § 807)

17.44.090 Zone exception modifying standards deemed variance.

Where a zone exception granted by action of the commission or board of supervisors prior to said November 5, 1971, may be granted as a variance under the present provisions of this title, it shall be deemed a variance. (Prior zoning ord. § 808)

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 477 of 482 ends

17.44.100 Status of zone exceptions other than standards.

In all cases other than as provided in Section 17.44.090 where a zone exception was granted by action of the commission or the board of supervisors prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this title provided:

A. That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and
B. That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant, shall apply.
(Prior zoning ord. § 809)
Chapter 17.45 COLLECTION BINS

17.45.010 Title.

This Chapter shall be known as the City of Lancaster's Collection Bins ordinance. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.020 Findings and declaration.

The city council finds and declares as follows:

A. The unregulated presence of collection bins, sometimes called donation bins, on private property often leads to bins encroaching on public rights-of-way, which poses a significant hazard to vehicular and pedestrian safety.

B. Additionally, many collection bins are not regularly maintained or monitored, which results in donated items overflowing out of the bins, creating a visual blight and providing a harborage for vermin. The presence of overflowing bins and/or a proliferation of bins in a concentrated area can create the appearance of an informal dumping area and attract unintended items such as couches, appliances, and electronics. Unattended and unmaintained bins are frequently targets for graffiti and other vandalism, which further leads to blight.

C. It is the purpose and intent of the city council to protect public health, safety and general welfare by establishing narrowly tailored and reasonable time, place and manner regulations to ensure the proper, safe and sanitary location and maintenance of collection bins in the city. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.030 Definitions.

As used in this Chapter, the following words and phrases have the meanings set forth below:
"City manager" means the city manager of the city of Lancaster, or his or her designee. "Code" means the Lancaster Municipal Code.

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 478 of 482 ends

"Collection bin" or "bin" means an unattended box, receptacle or similar device used for soliciting and collecting donations of salvageable personal property, whether for charitable purposes by a non- profit organization or for profit by a for-profit entity.
"Person" as used in this Chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city. "Responsible person" means any person, whether as an owner or tenant/lessee of private property or otherwise, that allows, causes, creates, maintains, or permits a nuisance collection bin to exist on or adjacent to their premises, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or property manager may be attributed to that responsible person. "Salvageable personal property" means new or used items such as clothing, shoes, books, and miscellaneous household items.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.040 Director's review and approval required.

It is unlawful for any person to store, maintain, or allow a collection bin without having first obtained a director's review and approval. A person must have an approval in good standing at all times a collection bin is on a person's premises.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.050 Application for director's review; denial, revocation, conditioning; obtaining approval for bins currently on property.

A. A person seeking to store, maintain or allow a collection bin on his/her property shall submit an application for a director's review in accordance with the provisions set forth in Chapter 17.32, Article VI of this code.

B. The application review and approval, denial, conditioning, suspension and/or revocation processes, and all administrative remedies, shall be in accordance with Chapter 17.32. An approval is also subject to modification or denial if the information submitted pursuant to subsection C. of this Section is incomplete or does not reflect that the placement or maintenance of the collection bin will comply with the standards set forth in this Chapter. Further, an approval may be denied or revoked in the event of any of the following conditions:

1. The property has contained graffiti within 6 months prior to the application submittal that has not been timely removed in accordance with this code;

2. The property has had conditions or uses in violation of the Lancaster Municipal Code within 6 months prior to the application submittal which were not timely corrected or abated in accordance with a notice of violation, administrative citation, or compliance letter;

3. The applicant has been found to be in violation of the requirements of this Chapter within one year of the application submittal.

C. In addition to the requirements set forth in Chapter 17.32, Article VI, the applicant shall also submit the following information/documentation, which is subject to the approval, modification and/or denial of the city manager:

Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)

Page 479 of 482 ends

1. The collection bin operator's contact information, including name, address, email, website (if available), and telephone number.

2. If the operator holds itself out as a non-profit organization, a statement that it meets the definition of nonprofit organization in Section 501(c)(3) of the United States Internal Revenue Code or Section 150(c) of the California Welfare and Institutions Code.

3. If the operator holds itself out as a for-profit organization, a statement that it holds a valid certificate of good standing issued by the California Secretary of State.

4. If the operator and the owner of the lot on which the collection bin will be located are the same person or entity, written acknowledgment that the operator understands that they are liable for violations of this subdivision. If the operator and the owner of the lot on which the collection bin will be located are different persons or entities, written acknowledgment signed by both parties that both understand that they are jointly and severally liable for violations of this subdivision.

5. A site plan identifying the following:
i. Boundaries of the parcel on which the bin will be located; ii. Location of all structures on the parcel;
iii. Proposed bin location;
iv. Distance from the proposed bin location to the lot lines and the nearest structures on the parcel; v. Locations and dimensions of all existing and proposed driveways, landscaped areas, easements, and parking space on the parcel.

6. Diagram and/or description of the bin including the height, width, depth, and general appearance of the bin, and the materials of which the bin is fabricated.

7. Diagram and/or description of the proposed locking mechanism.

8. Description of the maintenance plan, including the pick-up schedule to be not less than weekly, and graffiti, litter and trash removal on and around the collection bin;

9. Any other information regarding time, place and manner of the collection bin's operation, placement, and maintenance that the city manager deems reasonably necessary to evaluate the proposal's consistency with the requirements of this Chapter.

D. A person on whose property a collection bin is already located as of the effective date of this ordinance shall legalize the bin by applying for and obtaining director's review and approval as set forth in this Section, or shall remove the bin from the premises, within sixty (60) calendar days from the effective date of this ordinance.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.060 Location, distance requirements of collection bins.

A. Collection bins are permissible only commercially zoned property on which at least one currently licensed business is operating.

B. No collection bin shall be located within the following distances:

1. 20 feet of any public right-of-way;

2. 10 feet of any lot line adjoining another lot;

3. 100 feet of a residentially zoned parcel.

Created: 2024-08-22 08:37:15 [EST]
(Supp. No. 10-24, Upd 1)

Page 480 of 482 ends

C. No collection bin shall be located on or within the following:

1. The public right-of-way, including alleys and sidewalks;

2. Any area designated for landscaping.

D. No collection bin shall be located in, or block or impede access to any of the following:

1. Required parking or driveway areas;

2. Pedestrian routes;

3. Emergency vehicle routes;

4. Building ingress and egress;

5. Required accessibility routes;

6. Required easements;

7. Trash enclosure areas or access to trash bins or trash enclosures;

8. Any place that would impede the functioning of exhaust, ventilation or fire extinguishing systems.

E. No more than one collection bin shall be located on any lot. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.070 Physical attributes.

A. Collection bins shall be fabricated of durable and waterproof materials.

B. Bins shall be placed on a paved, non-sloping surface.

C. Bins shall have a tamper-resistant locking mechanism.

D. Bins shall not exceed dimensions of 80 inches in height, 50 inches in depth, and 60 inches in width.

E. Collection bins shall be provided a light source to provide illumination between sunset and sunrise.

F. Bins shall have the following information conspicuously displayed in at least two -inch type visible from the front of the collection bin:

1. Bin operator's name, 24-hour telephone number, and address of the lot on which the bin is licensed to be located;

2. A statement that no material shall be left outside the collection bin;

3. A statement that either reads "this collection bin is owned and operated by a for -profit organization" and that clearly describes the charitable cause that will benefit from the donations, or "this collection bin is owned and operated by a nonprofit organization" and that clearly states "this donation is not tax deductible."
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.080 Operational and maintenance standards.

A. Collection bins shall be maintained in good working order, and free from graffiti, removed or damaged requisite signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

Created: 2024-08-22 08:37:15 [EST]
(Supp. No. 10-24, Upd 1)

Page 481 of 482 ends

B. No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate within 20 feet of any collection bin.

C. Collection bins shall be serviced not less than weekly. Servicing includes removal of the collected items, maintenance of the bin, and abatement of any graffiti, litter or other nuisance conditions in, on or around the collection bin.

D. The operator shall maintain an active email address and a telephone with 24 -hour recording capability for the public to register complaints.

E. Any conditions that are in violation of this Chapter must be abated or corrected within 48 hours of being reported to bin operator and/or property owner.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.090 Violation; public nuisance; penalty; administrative citations.

A. The city council finds and declares that it is unlawful for any responsible person, as defined in this Chapter, to allow, cause, create, suffer or permit the presence of a collection bin on or around his or her property in a location or manner that is in violation of this Chapter.

B. The city council finds and declares that a collection bin that does not fully comply with this Chapter constitutes a public nuisance subject to abatement.

C. Any person violating the provisions of this Chapter is subject to the penalty provisions set forth in Chapter

1.12. D. A responsible person violating the provisions of this Chapter may additionally be issued an administrative citation in accordance with the provisions set forth in Chapter 1.16. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.100 Abatement; emergency abatement of an imminently hazardous collection bin.

A. The city manager may cause a nuisance collection bin to be abated, in accordance with the procedures set forth in Chapter 8.28 of this code.

B. The city council finds and declares that a collection bin that has encroached into the public right -of-way, including alleys and sidewalks, constitutes a significant hazard to pedestrians and vehicles and therefore is deemed an imminent public safety hazard. The city manager is authorized to utilize the procedures set forth in Section 8.28.170 of this code for the emergency abatement of such a bin. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.110 Remedies not exclusive.

A. Any administrative citation pursuant to this Chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance collection bin or to seek compensation for damages suffered. A criminal or civil action may be brought concurrently with any other process regarding the same violation.

B. A nuisance collection bin may be abated through the revocation or suspension of the director's review approval, in accordance with the provisions set forth in Chapter 17.32, Article VIII of this code. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

Created: 2024-08-22 08:37:15 [EST]
(Supp. No. 10-24, Upd 1)

Page 482 of 482 ends

17.45.120 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The city council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

L ancaster G eneral P lan
Safety Element
What is a Safety Element?
The Safety Element is one of the State-mandated
elements of the General Plan. It presents the City's
overall goals, policies, and action programs to facilitate resilience and prosperity. This Safety Element meets the requirements of California Government Code Section
65302(f) and (g). Under State planning law, this Element identifies and discusses the following hazards of concern for the City:
 Geology and Seismicity
 Flooding and Drainage
 Noise
 Air Installation Land Use Compatibility
 Hazardous Materials
 Crime Prevention and Protection Services
 Fire Prevention and Suppression Services
 Disaster Preparedness and Evacuation
 Emergency Medical Facilities
 Climate Adaptation
Consistency with Other Elements
Integrating safety considerations throughout the General Plan creates a consistent framework that prioritizes the well-being of the community. The Lancaster Safety
Element is a key component of the General Plan which
works in conjunction with other Elements, including:
 Plan for the Natural Environment: addresses the
use and management of natural resources and
open space lands.
 Plan for Active Living: contains plans and
programs for the provision of quality living
environments, addressing parks, recreation, and
other community services.
 Plan for Physical Mobility: focuses on
transportation issues and how goods and people
move.
 Plan for Municipal Services and Facilities:
addresses the services and facilities needed to
support existing and future residential,
commercial, and industrial development.
 Plan for Economic Development and Vitality:
outlines how the community is striving for
economic self-sufficiency and presents a program
to facilitate those efforts.

INTRODUCTION
The City of Lancaster prioritizes the well-being and safety of its community members. Our initiatives and policies prioritize preparation for potential natural and human-caused hazards and emergencies.

Effective emergency management, increased preparation for disasters, and incorporation of resilience in City activities and the development process supports the protection of life and property. This Element of the General Plan provides the context to identify and understand the hazards that could threaten the urban and rural portions of the community. Based on this understanding, better practices and policies enable the continued prosperity and resilience of Lancaster.

 Plan for Physical Development: focuses on the
organization of the physical environment into a
local, functional, and aesthetic pattern consistent
with community values. These policies and
programs are illustrated on the General Plan
Land Use Map. The Plan for Physical
Development also contains the Community
Design subsection, which focuses on
strengthening the City's physical image and
identity. The Plan for Community Design provides
direction in the form of policies and action
programs that call for the development and
implementation of comprehensive community
design guidelines that provide guidance for
creating an attractive and enduring physical
environment.
 Housing Element: addresses housing needs and
strategies to accommodate population growth
and a variety of income levels. Periodic updates
of the Housing Element are required in
conjunction with the Regional Housing Needs
Allocation prepared by the California Department
of Housing and Community Development.

Consistency with Local Hazard
Mitigation Plan
The Local Hazard Mitigation Plan (LHMP) for the City of Lancaster was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and follows guidance
provided by the Federal Emergency Management Agency
(FEMA). The LHMP incorporates a systematic process to
identify and profile hazards, assesses risks to the
community’s people, property, and critical facilities, and develops mitigation strategies to reduce or eliminate
those risks. Implementation of the LHMP includes both
short-term and long-term actions, such as planning
initiatives, policy updates, programs, projects, and other efforts to enhance community resilience.

The LHMP is a dynamic, regularly updated document that
supplements the Safety Element of the General Plan. It is incorporated by reference in accordance with California Government Code Section 65302(g). The current, FEMA-
approved LHMP, as adopted by the City Council, can be
accessed in its entirety on the City’s website at:
https://www.cityoflancasterca.gov/emergencyplans

Regulatory Environment
California Government Code 65302(g)(1):

California Government Code Section 65302(g)(1)
establishes the legislative framework for California's
Safety Elements. This framework consolidates the
requirements from relevant federal and state agencies,
ensuring that all jurisdictions are compliant with the
numerous statutory mandates. These mandates include:
 Protecting against significant risks related to
earthquakes, tsunamis, seiches, dam failure,
landslides, subsidence, flooding, and fires as
applicable.
 Including maps of known seismic and other
geologic hazards.
 Addressing evacuation routes, military
installations, peak-load water supply
requirements, and minimum road widths and
clearances around structures as related to fire
and geologic hazards, where applicable.
 Identifying areas subject to flooding and
wildfires.
 Avoiding locating critical facilities within areas of high risk.
 Assessing the community's vulnerability to
climate change and including adaptation and
resilience goals, policies, and implementation
actions.

California Government Code Sections 8685.9 and
65302.6:

California Government Code Section 8685.9 (also known
as Assembly Bill 2140 or AB 2140) limits California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts. However, if the jurisdiction has adopted a valid LHMP consistent with DMA 2000 and has
incorporated the LHMP into the jurisdiction's General
Plan, the State may cover more than 75 percent of the
remaining disaster relief costs. All cities and counties in California must prepare a General Plan, including a Safety Element that addresses various hazard conditions and
other public safety issues. The Safety Element may be a standalone chapter or incorporated into another section as the community wishes. California Government Code
Section 65302.6 indicates that a community may adopt
an LHMP into its Safety Element if the LHMP meets
applicable State requirements. As the General Plan is an overarching long-term plan for community growth and
development, incorporating the LHMP into it creates a
stronger mechanism for implementing risk reduction
strategies and hazard mitigation projects.

California Government Code 65302(g)(3) adopted
through SB 1241 (2012):

California Government Code Section 65302(g)(3) requires the Safety Element to identify and update mapping,
information, and goals and policies to address wildfire hazards. As part of this requirement, any jurisdiction that includes State Responsibility Areas or Very High Fire
Hazard Severity Zones in the Local Responsibility Areas (LRA), as defined by the California Board of Forestry and Fire Protection (Board), is required to transmit the
updated Element to the Board for review and approval.

Very High Fire Hazard Severity Zones are not located
within city limits; therefore, compliance with Section
65302(g)(3) is not required at this time.

California Government Code 65302(g)(4) adopted
through SB 379 (2015):

California Government Code Section 65302(g)(4) requires the Safety Element to address potential impacts of
climate change and develop potential strategies to
adapt/mitigate these hazards. Analysis of these potential effects should rely on a jurisdiction's LHMP or data and analysis from the State of California's Cal-Adapt website.

This Element relies on the City's adopted LHMP, and
supplemental information from Cal Adapt to ensure
compliance with this requirement.

California Government Code 65302(g)(5) adopted
through S.B. 99 (2019):

California Government Code Section 65302(g)(5) requires the Safety Element to identify evacuation constraints
associated with residential developments, specifically
focused on areas served by a single roadway.

National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created in 1968 to help communities adopt more effective
floodplain management programs and regulations. FEMA
is responsible for implementing the NFIP and approves
the floodplain management plans for participating cities and counties. Lancaster participates in the NFIP and uses Chapter 17, Title 40, Section 190 of the Lancaster
Municipal Code to administer flood management
regulations.

Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code [PRC], Chapter 7.5, Section 2621- 2699.6) was intended to reduce the risks associated with surface faults and requires that the designated State
Geologist identify and map "Earthquake Fault Zones"
around known active faults. Per PRC Section 2623(a),
cities and counties shall require a geologic report
defining and delineating any hazard of surface fault
rupture before the approval of a project. If the
jurisdiction finds no undue hazard of that kind exists, the geologic report on the hazard may be waived, with the
State Geologist's approval. For a list of project types, please refer to PRC Section 2621.6.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (California Public
Resources Code, Chapter 7.8, Section 2690-2699.6)
created a statewide seismic hazard mapping and
technical advisory program in 1990 to help cities and
counties more effectively address the effects of geologic and seismic hazards caused by earthquakes. Under PRC
2697, cities and counties shall require a geotechnical
report defining and delineating any seismic hazard before approving a project located in a seismic hazard zone. If the jurisdiction finds that no undue hazard of this kind exists based on information resulting from studies
conducted on sites near the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a
waiver granted, subsequent geotechnical reports shall
not be required, provided that new geologic datum, or
data, warranting further investigation is not recorded.

Each jurisdiction shall submit one copy of each approved geotechnical report, including the mitigation measures to be taken, if any, to the State Geologist within 30 days of its approval of the report. For a list of project types, please refer to PRC Section 2693.

Cortese List
Government Code Section 65962.5 (typically referred to
as the "Cortese List") identifies sites that require
additional oversight during the local permitting process as well as compliance with the California Environmental Quality Act (CEQA). The list is generally a compilation of properties and businesses that generate, store, and/or
have been impacted by the presence of hazardous
materials/wastes. Many properties identified on this list may be undergoing corrective action, cleanup, or
abandoned and in need of these activities. The City of
Lancaster has a variety of sites identified on this list that range from permitted underground storage tanks,
leaking underground storage tanks, sites meeting waste
discharge requirements, and land disposal sites. No
cleanup sites that meet state or federal thresholds are located within the City according to this list.

Potential Hazards/Trends
The City of Lancaster is situated in an area of Southern California that is vulnerable to seismic and geologic
hazards, flooding, fires, climate adaptation, hazardous material releases, and noise.

Geology and Seismicity
Lancaster is located within the high desert area of Los Angeles County, which is prone to geologic and seismic
hazards. Due to these conditions, precautions are
established through this Safety Element to protect lives and property against seismic shaking, surface rupture,
liquefaction, and landslide.

Seismic Shaking
Seismic shaking is the identifiable movement caused by
the energy released during an earthquake. The energy
that emanates through the ground from the epicenter
(origin of the event at the Earth's surface) of an
earthquake can travel hundreds of miles. Damage and
destruction from seismic shaking affects buildings,
infrastructure (roads, power lines, and pipelines), and bridges, leading to further safety concerns. Areas closest to an earthquake's epicenter are subject to the greatest shaking, which typically decreases as distance increases.

The two faults with highest potential to cause significant shaking in and around Lancaster include the San Andreas Fault (approximately nine miles south of the city's center) and Garlock Fault (approximately 28 miles
north/northwest of the city's center), both of which can generate earthquakes in excess of M7.0. According to the Third Uniform California Earthquake Rupture Forecast,
the San Andreas Fault has a 17 percent probability of
generating an earthquake greater than M6.7 in the next
30 years. During the same time period, the Garlock Fault has a two percent probability of generating a similar
quake.

Surface Rupture
The sudden movement and release of energy from an
earthquake can cause the Earth to fracture and displace the land surrounding it, creating an earthquake fault.

Some faults are deep beneath the surface, while others
can be found at Earth's surface. Surface rupture is
especially dangerous if structures were constructed on
top of the fault or if city infrastructure crosses the fault, as they can be damaged and even destroyed (Figure 4-1).

If a surface rupture occurs, the movement can burst
natural gas and water pipelines, damage roads and
bridges, rendering them useless after the event. Areas of known surface rupture hazard in California are identified in Alquist-Priolo Special Study Zones. Figure 4-2 identifies active faults near the vicinity of Lancaster that could experience a rupture. The only fault meeting this criteria is the San Andreas Fault, which is located outside the city limits.

Liquefaction
Liquefaction occurs when intense vibrations from an
earthquake cause soils that are saturated to lose stability and act as a liquid. This phenomenon poses a significant problem for structures in areas where liquefaction can
occur, as the ground might give way under the weight of the structure and its foundation. The California
Department of Conservation has identified potential
liquefaction zones within the Lancaster area: along the length of Little Rock Wash, the area of Amargosa Creek
extending from north of Quartz Hill to the northeast to the Los Angeles-Kern County line, and at Apollo
Community Regional Park; there is also a small
liquefaction zone near Avenue M and 40
th St. West.

Landslide
A landslide is the movement of earth materials down
slopes and areas of steep topography. Generally caused
by earthquakes, landslides can occur when any sloped
surface can no longer support the material contained
within the slope or material sitting above the slope itself.

The instability can simply be the sheer weight of the
loose material, or it can be helped by other natural
events like a heavy rainstorm. Figure 4-3 identifies the areas of the city susceptible to deep-seated landslides.

These areas are predominantly located in the southwest
portion of the city.

Figure 4-1: Damage to a road near Edwards Airforce Base after a seismic shaking event.

Photo Courtesy: USGS
The following issues of concern should be considered
when addressing geologic and seismic hazards:
 The City of Lancaster is located within a
seismically active area, near the San Andreas and
Garlock faults.
 A major earthquake could result in multiple
casualties, extensive property damage and loss,
and further catastrophes.

STAFF REPORT
City of Lancaster
CC 7
5/27/2025
TN
Date: May 27, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Nicholas Godin, Assistant Director - PW City Engineering Subject: Purchase Order Increase for Task Order for Multi-Year Professional Services (Service Group Category No. 13 – Development Plan Check) Grading Permit and Encroachment Permit Plan Checking (Including Traffic Plan Check) for CDP 18- 05 – Permit Plan Checking
Recommendation:

Approve an increase in the Purchase Order (PO 25000327) for Task Order No. 1 with Cannon Corporation in the amount of $150,000.00, and authorize the City Manager, or his designee, to sign all documents.

G.C. Section 84308: No
Fiscal Impact:
$150,000.00, bringing the total Purchase Order to $275,000.00. Sufficient funds are available in City Engineering's Operating Budget, GL Account 10147000.5710.

Background:

On April 27, 2023, the City approved Task Order No. 1 to Cannon Corporation for grading permit and encroachment permit plan checking services. The cost for their plan checking services are based on a percentage of the grading and encroachment permit plan checking fees that are collected from private development projects.

On November 8, 2022, the City Council approved Multi-Year Services Agreements procured under Request for Qualifications (RFQ) 769-22. Cannon Corporation qualified under Service Group Category (SGC) 13 and their Multi-Year Services Agreement term will end on December 23, 2026.

In accordance with the multi-year agreement, each fiscal year a new Purchase Order (PO) is approved for Cannon Corporation in the amount of $125,000.00 for the payment of their 2 0
4 5
services. Due to an increase in private development and corresponding increase in grading and encroachment plan check submittals, the Purchase Order for this fiscal year must be increased by $150,000.00. With the increase in development and permit plan check submittals, corresponding revenues have increased proportionately and will offset the requested operating budget increase.

SC/js

STAFF REPORT
City of Lancaster
CC 8
5/27/2025
TN
Date: May 27, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Nicholas Godin, Assistant Director - PW City Engineering Subject: Purchase Order Increase for the Revised Task Order for Multi-Year Professional Services (Service Group Category No. 13) for CDP 18-05
Recommendation:

Approve an increase in the Purchase Order 25000313 for Revised Task Order No. 1 with Antelope Valley Engineering, Inc., in the amount of $100,000.00, and authorize the City Manager, or his designee, to sign all documents.

G.C. Section 84308: No
Fiscal Impact:
$100,000.00, bringing the total Purchase Order to $224,999.99. Sufficient funds are available in City Engineering's Operating Budget, GL Account 10147000.5710.

Background:

Due to a strong upsurge in submittals of final maps and right-of-way documents, the Purchase Order for this fiscal year must be increased. The cost for the services provided by this Task Order is based on sixty percent (60%) of the fees that are collected from private Developers. Corresponding revenues for these submittals have improved proportionately and will offset the requested operating budget increase.

On November 8, 2022, Council approved Multi-Year Services Agreements procured under Request for Qualifications (RFQ) 769-22. Antelope Valley Engineering, Inc. qualified under several Service Group Categories (SGCs) and their Multi-Year Services Agreement term will end on December 22, 2026.

On October 23, 2023, the City approved a Task Order, under the Multi-Year Services Agreement, for real property services, right-of-way acquisitions and mapping development plan check services with Antelope Valley Engineering, Inc., establishing a fee schedule for the various review services. 2 0
4 6
On September 12, 2024, the City approved Purchase Order 25000313, for the services provided in the Task Order in the amount of $60,000.00.

On January 29, 2025, the City approved Revised Task Order 1 for the continuation of similar services, updating the fee schedule for the various review services.

On March 4, 2025, the City approved Purchase Order 25000313-001, for the services provided in the Task Order, increasing the amount by $40,000.00, bringing the total amount in the Purchase Order to $100,000.00.

On April 28, 2025, the City approved Purchase Order 25000313-002, for the services provided in the Task Order, increasing the amount by $24,999.99, bringing the total amount in the Purchase Order to $124,999.99.

With the approval of this Purchase Order Increase, Antelope Valley Engineering, Inc., will continue to provide development plan check services as described in the Task Order, in the additional amount of $100,000.00, bringing the total amount in the Purchase Order to $224,999.99.

SC/EW/js
1/1/2025
2 0
4 9

STAFF REPORT
City of Lancaster
CC 9
5/27/25
TN
Date: May 27, 2025
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director - Parks, Arts, Recreation and Community Services Subject:Professional Services Agreement for the Development of a Parks, Arts, Recreation, and Community Services (PARCS) Comprehensive Master Plan Recommendations:

1. Award RFP #849-25 development of a PARCS Comprehensive Master Plan to MIG, inc. in the amount of $454,450 (plus 10% contingency).

2. Authorize the City Manager or his designee to execute all contracts and associated documents, with non-substantive changes, subject to City Attorney approval.

G.C. Section 84308: No
Fiscal Impact:
$499,895 (RFP #849-25 award, including contingency); sufficient funds are available in project 6000MP.Planning (10160000.5930 - $400,000; 20360000-5930 - $99,895) Summary:

The Parks, Arts, Recreation, and Community Services (PARCS) Department seeks to develop a visionary yet actionable Comprehensive Master Plan to guide future investments, programming, and policy decisions across its diverse system of parks, facilities, and programs. The Master Plan represents a vital step forward – serving as a strategic blueprint to build a more inclusive, resilient, and high-quality system that reflects the evolving needs of Lancaster residents.

The Comprehensive Master Plan will provide the following key benefits:
•Community-Centered Planning – Ensures robust public engagement through workshops, surveys, stakeholder interviews, and outreach events, with a focus on elevating voices from underserved populations.
2 0
4 9
•Comprehensive Needs Assessment – Conducts a thorough evaluation of current parks, facilities, and program offerings to identify service gaps, improvement opportunities, and future community needs.
•Equity and Access – Utilizes GIS mapping and demographic analysis to identify underserved areas and inform data-driven investment priorities.
•Strategic Visioning – Establishes a forward-looking vision, system-wide goals, and actionable policies to guide long-term planning and operational decisions. •Capital and Operations Planning – Delivers a detailed 10-year Capital Improvement Program and Asset Management Plan that includes cost estimates and funding strategies. •Implementation Roadmap – Provides a phased action plan with short-, mid-, and long-term priorities, ensuring accountability and measurable progress toward community goals.

On January 29, 2025, a Request for Proposals for the Development of a Comprehensive Master Plan was released and posted on Public Purchase and the City of Lancaster website. The following four proposals were received by the February 27, 2025, deadline:

Firm Location Proposal Amount
MIG, Inc. Pasadena, CA $454,450
RHA Landscape Architects
Planners, Inc.

Riverside, CA $492,425
RJM Design Group San Juan Capistrano, CA $469,444
Kounkuey Design Initiative Los Angeles, CA $490,000
After a thorough review process, which involved conducting a comprehensive examination of the proposed scopes of work, project hours allocated, and overall fees, as well as conducting interviews with two firms the Evaluation Committee recommend awarding a contract to MIG, Inc., in an amount not to exceed $499,895.

Attachment:

Professional Services Agreement

- 1 -

Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 27 day of May 2025, by and between the CITY OF LANCASTER, a municipal corporation and charter city , (“City”), and MIG, Inc. , a California Corporation, ( “Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS

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

Parks, Arts, Recreation, and Community Services (PARCS) Comprehensive Master Plan (THE “SERVICES”)

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

NOW, THEREFORE, the parties agree as follows:

1. Parties to the Agreement.

The parties to this Agreement are:

A. CITY: City of Lancaster

B. CONSULTANT: MIG, Inc.

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

CITY City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534

CONSULTANT MIG, Inc.

Attn: Genevieve Sharrow
21 Miller Alley, Suite 210
Pasadena, CA 91103
Phone: (626) 744-9872 Ext. 3110
Email: [email protected]

- 2 -

Professional Services Agreement

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

4. Description of Work. The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “ Scope of Services and Rates Schedule,” attached hereto as Exhibit “ A” and incorporated herein by reference . Consultant shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.

5. Obligations of the City.

A. The City shall pay Consultant an amount not to exceed $499,895 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.

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

6. Obligations of the Consultant.

A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.

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

C. Consultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.

7. Hold Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers, and employees, from and against any and all third -party claims, losses, obligations, or liabilities whatsoever, including reasonable a ttorney’s fees, incurred to the extent arising out of or related to Consultant ’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers, and employees, using counsel of the City’ s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.

8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.

- 3 -

Professional Services Agreement

9. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age .

Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for the purpose of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.

10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant . This Agreement shall continue in full force and effect for two (2) years, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.

11. Termination.

A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.

B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.

C. In the event of termination, whether for convenience or cause, reports, plans, studies, and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.

12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.

- 4 -

Professional Services Agreement

13. Insurance.

A. The Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)

Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01)

Workers Compensation
As Required by the State of California Statutory Limits

Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)

Professional Liability
Each Occurrence $2,000,000
General Aggregate $2,000,000

Provide one of the following for cyber-related services Technology Professional Liability
(Errors and Omissions)
Each Occurrence $2,000,000
General Aggregate $2,000,000
(Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Consultant pursuant to this Agreement and shall include, without limitation, claims involving invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as any

- 5 -

Professional Services Agreement
applicable regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.)

Or
Cyber Liability Insurance
Each Occurrence $1,000,000
General Aggregate $1,000,000

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

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

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

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

F. Consultant shall name the City, its elected officials, officers, employees , and volunteers as additional insured, and shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement . Certificates of Insurance shall meet the following requirements:

(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.

(2) List in the “Descriptions of Operations/Locations/Vehicles” section:

PARCS Comprehensive Master Plan

The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”

(3) List in the “Certificate Holder” section:

- 6 -

Professional Services Agreement
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

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

15. Data Provided to Consultant. City shall provide to Consultant, without charge, all data, including reports, records, maps, and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.

16. Consultant’s Warranties and Representations.

Consultant warrants and represents to City as follows:

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

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

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

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

17. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

- 7 -

Professional Services Agreement
□
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys ’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost, and necessary disbursements, in addition to such other relief as may be sought and awarded.

18. Exhibits.

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

Exhibit “A” Scope of Services and Rates Schedule

20. Governing Law.

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

21. Levine Act Disclosure

California Government Code section 84308 (“Levine Act”) requires a party to a contract other than competitively bid, labor, or personal employment contract, to disclose any contribution of more than $250 that the party (or their agent) has made to a member of the City Council or any other officer of the City as defined in the Levine Act within the prior 12 months. The Levine Act also prohibits for 12 months following a final decision, a party (or their agent) from making a contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may participate in the making of this Agreement.

A. By its signature on this Agreement, MIG, Inc. represents and warrants [select one]:

Neither MIG, Inc. nor any agent acting on behalf of MIG, Inc. has, within the 12 months preceding the commencement of negotiations of this Agreement, made any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.

- 8 -

Professional Services Agreement
□
□
□
MIG, Inc. (or an agent acting on behalf of MIG, Inc.) has made a political contribution of more than $250 to:

Identify the person(s) or agent(s) who made the contribution:

Identify the City officer(s) who received the contribution:

B. By its signature on this Agreement, MIG, Inc. further represents and warrants [select one]:

Neither MIG, Inc. nor any agent or principal acting on behalf of MIG, Inc. intends, within the 12 months following the execution of this Agreement, to make any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.

MIG, Inc. (or an agent acting on behalf of MIG, Inc. intends to make a political contribution of more than $250 to:

Identify the person(s) or agent(s) who will make the contribution:

Identify the City officer(s) who will receive the contribution:

22. Effective Date

This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.

[Signatures begin on next page.]

- 9 -

Professional Services Agreement

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

CITY OF LANCASTER

LANCASTER, CALIFORNIA

By:

Trolis Niebla, City Manager

Dated:

MIG, Inc.

By:

Daniel Iacofano, President/CEO

Dated:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney RM

CONTRACT SUBMISSION APPROVAL:

Director
Exhibit A: Scope of Services and Cost Proposal 1

SCOPE OF SERVICES AND COST PROPOSAL
TASK 1: PROJECT MANAGEMENT

1.1 KICK-OFF MEETING VIDEOCONFERENCE
The MIG Team will host a 1.5-hour Zoom videoconference with the City’s Project Leadership Team (PLT) and key staff to kick off the project. The meeting will cover City expectations, desired project outcomes, available background materials, communication protocols, engagement strategies, and the project schedule. MIG will provide an agenda and prepare a summary of the discussion.

1.2 PROJECT MANAGEMENT
This task involves leadership, schedule management, invoicing, project administration, subconsultant management, and continuous oversight throughout all tasks to effectively manage plan development in a timely and budget-conscious manner. Quality control will be ensured through review and approval of deliverables by the MIG principal to meet the required standards.

1.3 COORDINATION MEETINGS
The MIG Team will facilitate regular project coordination meetings (1 hour monthly or 30 minutes biweekly) with the PLT to discuss project progress, address questions or concerns, and maintain alignment throughout the Master Plan planning process. MIG will prepare meeting agendas, provide updates on key milestones, and document meeting outcomes to maintain clear communication and incorporate City staff input. Biweekly meetings will be held throughout the length of the project (18 months).

1.4 BACKGROUND INFORMATION REQUEST AND REVIEW
The MIG Team will submit an information request letter and create a shared drive for City staff to upload relevant project materials. MIG has allocated time to download the data and review the materials to understand the context and issues of unique concern to the City and to build upon prior planning efforts.

1.5 PROJECT BRANDING AND TEMPLATE
The MIG Team will develop project branding elements, including colors, styles, and a graphic document banner (PDF), which will be incorporated into a document template for all project- related materials, ensuring a consistent visual identity throughout the project. This task includes the design of a logo and banner (masthead graphic for Word documents), (2-3 concepts with one round of revisions to the selected design), a simple one-page brand guide, and a PowerPoint template featuring a cover, divider, and background slide.

Deliverables » Kick-o
ff Meeting Agenda and Summary (Word)
» Background Information Request (Word)
» Project Branding and Template (PDF and PowerPoint)
Exhibit "A"
Exhibit A: Scope of Services and Cost Proposal 2
Meetings, Engagement Activities, Tours, and Field Work
» Kick-off Meeting (1 Videoconference)
» Project Coordination Meetings (20, 30-Minute Videoconferences) » Key Deliverables Coordination Meetings (8, 1-Hour Videoconferences) TASK 2: BASE MAP DEVELOPMENT

2.1 BASE MAP DEVELOPMENT
Using GIS data provided by the City and other relevant data sources, MIG will develop a citywide base map that serves as a foundational spatial tool for the project. This task includes creating one draft map (tabloid size) that incorporates key geographic features, such as desert washes, regional open spaces, parcels, roads, and other relevant data points. The draft map will be reviewed by the City for feedback and revisions. Once ﬁnalized, the base map will be used to support subsequent tasks.

Deliverables
» Lancaster Base Map (PDF)
TASK 3: EVALUATE EXISTING CONDITIONS

3.1 SYSTEM (PARKS, TRAILS, AND FACILITIES) INVENTORY AND MAP The MIG Team will cross-check the inventory data provided by the City with GIS parks data to create an up-to-date Excel spreadsheet detailing City park sites, park acreage, and major recreation facilities. This will also include other sites maintained by the PARCS Department, such as streetscapes and building grounds (excluding amenities like tables, benches, and parking spaces).

Using the Base Map developed in Task 2, we will produce a draft citywide existing systems map, showing City parks, open space, major recreation facilities, trails, and schools.

3.2 PARKS AND FACILITIES TOUR
To build a shared understanding of park condition, location, context, and opportunities, key MIG and City staff will spend one day touring representative parks and recreation facilities to discuss strengths and challenges of the park system. The tour will provide an opportunity to discuss topics such as operations, opportunities, planned developments or improvements, and maintenance. The City will schedule and coordinate the tour, ensuring staff are available to address questions. The Parks and Facilities Tour will also provide an opportunity to calibrate scoring criteria for the Parks and Facilities Condition Assessment (Subtask 3.3) to ensure consistent evaluations.

3.3 PARKS AND FACILITIES ASSESSMENT
MIG will assess the condition of park assets and facilities to identify maintenance needs, safety issues, needs for improvements, and long-term asset management priorities. The assessment will use a standardized rating system to evaluate playgrounds, sports courts, ﬁelds, and park-level support amenities such as signs, benches, and trash cans. MIG will develop an Asset Condition Assessment Methodology memorandum, reﬁned through coordination with City staff, to align with priorities. To support data collection, MIG will create an ArcGIS Field Map for mobile assessments and an ArcGIS Dashboard to visualize real-time results. MIG will spend one day in the ﬁeld Exhibit A: Scope of Services and Cost Proposal 3
evaluating the City’s 13 parks as noted in the inventory. The MIG team will also conduct an evaluation of the 18 major recreation facilities noted in the City’s inventory, including art centers, pools, and activity buildings. Incorporating information provided by the City that documents building conditions, and based on visual inspection, the assessment will document each facility’s year built, square footage, the condition of key components, functionality, safety, and accessibility.

In the same trip as the park tour, MIG’s recreation staff will spend 6-8 hours with City staff touring any facilities not visited during the Park Tour (Subtask 3.2). With direction from team member, Crane Architectural Group, MIG’s Asset Management Lead will spend one day doing a visual facility inspection. Based on documented needs, MIG will identify needs facility additions, renovations, replacements, decommissioning, and upgrades.

Findings will be summarized in a Parks and Facilities Assessment memorandum with ﬁeld maps and condition ratings, provided for City review. This assessment will support the Parks & Recreation Existing System Brief and Asset Management Plan, aligning all park facilities with long-term operational and capital planning goals.

3.4 PARCS STAFF MEETINGS
In the same trip (in-person) or following the Parks and Facilities Tour (as a videoconference), MIG team member Zec Eight Insights (ZEI) will lead one meeting with key maintenance staff to discuss system operations and maintenance practices. MIG and Zec Eight will hold three separate meetings with Recreation staff, Community Services staff, and Arts staff to review programming and services in each of their respective divisions. It is assumed these four meetings will be held via videoconference if not able to be scheduled in conjunction with the Parks and Facilities tour.

3.5 RECREATION PROGRAMS AND SERVICES INVENTORY AND ASSESSMENT ZEI will create a Recreation Program Assessment that narratively (and supplemented by graphics, charts, etc.) depicts how the City provides programs and services. An inventory of the full program and service portfolio will be collected and/or created and categorized by core program areas and/or cost/service centers. All data related to program participation, facility rentals, event participation, etc. will be collected for a multi-year period. ZEI will create a tailored, customized program assessment that will produce program and service statistics, key performance indicators, and recommendations for enhancing recreation program service delivery.

3.6 MAINTENANCE AND OPERATIONS ANALYSIS
ZEI will analyze existing maintenance work order data, budgets, and performance metrics to assess system performance and levels of service with regards to routine and preventative maintenance and facility operations. Performance metrics will be identiﬁed for later benchmarking against similar communities (Subtask 5.3).

3.7 BASELINE FUNDING ANALYSIS
MIG team member EPS will review City documents, budgets, and funding mechanisms to assess the City’s current approach to maintaining parks and recreation facilities, programming, and capital projects. This analysis will help evaluate how well existing strategies support the updated Master Plan and identify potential funding needs. As part of the regular coordination meetings, EPS will interview key City staff from the PARCS Department and other relevant departments to gather insights into current resources and explore new funding options. The ﬁndings will be summarized in Exhibit A: Scope of Services and Cost Proposal 4
a draft and ﬁnal memorandum for inclusion in the Parks & Recreation Existing System Brief (Subtask 3.8).

3.8 PARKS & RECREATION EXISTING SYSTEM BRIEF
The MIG Team will summarize Task 3 ﬁndings in a clear, visually appealing brief that provides an overview of parks and facilities, recreation programs and events, operations, and funding. The Existing System Brief will highlight key considerations for the Master Plan to address. MIG will provide a draft document (PDF or Word ﬁle) and revise it into ﬁnal form based on one round of consolidated City feedback.

Deliverables
» Complete System Inventory and Map (Excel and PDF)
» Asset Condition Methodology and Assessment (PDF)
» Maintenance and Recreation Staff Meetings Summary (PDF) » Recreation Programs and Services Inventory and Assessment (PDF) » Maintenance and Operations and Operations Analysis (PDF) » Baseline Funding Analysis Memorandum (PDF)
» Parks & Recreation Existing System Report (PDF)
Meetings, Engagement Activities, Tours, and Field Work
» Asset Condition Assessment Meeting (1 Videoconference) » Parks and Facilities Tour (6-8 hours, In-Person)
» Conditions Assessment Field Work (14-16 hours, In-Person) » PARCS Staff Meetings (4 Meetings, In-Person or Videoconference) TASK 4: OUTREACH AND ENGAGEMENT

4.1 OUTREACH AND ENGAGEMENT PLAN
The MIG Team will develop a Community Engagement Plan outlining a phased approach to engage the community in the Master Plan, including activity descriptions, communication tools, a schedule, and roles and responsibilities for the MIG Team, PARC staff, and any relevant partners.

Additionally, MIG will develop and maintain a project contact database and mailing list to support ongoing communication, outreach, and engagement tasks.

4.2 COLLATERALS: MEDIA / INFOGRAPHICS / SOCIAL MEDIA / WEBSITE UPDATES In this subtask, MIG will support the Master Plan process by developing key content and engaging text for project collateral, including a planning process graphic illustrating project stages for use across platforms. MIG will provide milestone updates for the City’s website to keep the public informed and create social media posts and infographics to boost community engagement. This subtask includes two press releases, a social media brief, eight to 10 social media posts with Exhibit A: Scope of Services and Cost Proposal 5
graphics, and four to six infographics. This subtask includes Spanish translation of materials allowance.

4.3 STAKEHOLDER INTERVIEWS (8) AND FOCUS GROUPS (3)
The MIG Team will conduct up to eight stakeholder interviews and three focus groups to gather valuable insights about Lancaster’s parks, recreation facilities, trails, and programs. Interviews (30 minutes) will involve City Council members, key community leaders, City staff, partner organizations, and interest groups. Focus groups (1 hour) will engage representatives from three groups TBD, such as youth, seniors, sports leagues, local businesses, community art groups, non- proﬁts, and other recreation-related organizations. MIG will prepare discussion guides and compile key ﬁndings into a memo for City review. The stakeholder interviews and focus groups may be conducted via videoconference over several days. City staff will be responsible for reaching out to stakeholders and focus groups, and scheduling meeting times.

4.4 COMMUNITY SURVEY
Project team member FM3 will conduct a dual-mode (telephone and online) survey among a random sample of 400 adult residents of the City of Lancaster. We suggest that the questionnaire be offered in both English and Spanish and take 15 minutes on average to complete.

4.5 COMMUNITY WORKSHOPS (2)
MIG will conduct two community workshops with up to two members of the MIG Team to engage residents and gather input at key milestones. Each workshop will be interactive, featuring presentations and opportunities for participants to provide feedback. Workshops will be held in person, with MIG responsible for developing materials, facilitating discussions, and summarizing ﬁndings. The two workshops will focus on the Needs Assessment, with discussions and interactive activities that focus on park, recreation, and community service needs. These workshops can be held at different times on the same day or on different days, both bilingual. City staff will be responsible for marketing the workshops, recruiting participants, arranging meeting spaces, and providing refreshments.

4.6 COMMUNITY ENGAGEMENT SUMMARY REPORT
MIG will prepare a comprehensive summary report detailing the results of all community engagement activities associated with the Needs Assessment, including feedback from workshops, surveys, stakeholder interviews, and focus groups. The report will analyze key themes, concerns, and ideas expressed by the community, highlighting trends and providing recommendations for the next steps in the planning process.

4.7 PRIORITIZATION QUESTIONNAIRE
Following the development of recommendations, MIG will prepare an online prioritization questionnaire, inviting participants to help identify project priorities by making hypothetical investment choices in various park projects, programming, and different types of improvements.

MIG will develop and program the activity online, reﬁne it based on one round of City comments, host it for 2 weeks, and summarize results. The task includes a videoconference meeting with the PLT to discuss emerging priorities. City staff will be responsible for promoting the online activity and associated popup activities (Subtask 4.8).

Exhibit A: Scope of Services and Cost Proposal 6

4.8 SIDEWALK/POP-UP ENGAGEMENT (2)
MIG will design 4-5 display boards featuring key questionnaire questions (associated with Task 4.7) to gather feedback from the Lancaster community at two interactive “pop-up events. ” These events will take place at community festivals, recreation centers, and high-traffic locations. The boards, in both English and Spanish, will include a QR code linking to the online survey. MIG will organize and host two events, train City staff, and tabulate results. If the City holds additional events, MIG will provide PDFs of the boards and an online reporting form. Findings of the prioritization questionnaire and related popup engagement will be summarized in one memo.

Deliverables
» Outreach and Engagement Plan (PDF)
» Collaterals: Media / Infographics / Social Media / Website Updates (PDF & Images) » Stakeholder Interviews and Focus Groups Summary (PDF) » Community Workshops Materials (PDF)
» Community Engagement Summary Report (PDF)
» Prioritization Questionnaire (PDF)
» Sidewalk/Pop-up Engagement Materials (PDF)
» Prioritization Engagement Summary Memo (PDF)
Meetings, Engagement Activities, Tours, and Field Work
» Stakeholder Interviews (8 Videoconferences) and Focus Groups (3 Videoconferences) » Community Survey (telephone and online) among a random sample of 400 adult residents » Community Workshops (2 Workshops)
» Prioritization Questionnaire
» Sidewalk/Pop-up Engagements (2 Events)
TASK 5: NEEDS ASSESSMENT

5.1 DEMOGRAPHIC, ECONOMIC, AND SOCIAL TRENDS ANALYSIS
MIG will conduct a thorough analysis of current demographic, economic, and social trends impacting the community. This will include examining population changes, economic conditions, employment patterns, income levels, and social factors such as education, housing, and diversity.

The analysis will provide insights into how these trends inﬂuence planning decisions and help identify key needs and opportunities for the community’s future development.

5.2 PARKS, TRAILS, AND FACILITY LOS ANALYSIS
MIG will conduct an analysis of the current Level of Service (LOS) for parks, trails, and recreational facilities in the community. This will involve assessing accessibility, distribution, and capacity to Exhibit A: Scope of Services and Cost Proposal 7
meet the needs of the population. The analysis will compare existing facilities to community demand, identify gaps in service, and propose new LOS standards for the future.

5.3: ARTS, RECREATION, AND COMMUNITY SERVICES ASSESSMENT AND

RECOMMENDATIONS
Building on the recreation programs inventory and assessment in Task 3.5, MIG and ZEI will conduct a more detailed assessment of cultural arts programs, events, and community services to identify comprehensive needs, inform recommendations, and support implementation. This includes documenting and evaluating the City’s full program and service portfolio by assessing use levels, capacities, locations, types, target demographics, underserved markets, operational procedures, program standards, and performance metrics. The analysis will consider programming and services offered in-house and through partners in City facilities or in other locations, which may include a videoconference with key partners to collect relevant data. The analysis will consider program and service reach, impact, and alignment with Lancaster’s demographics, cultural needs, and current fee structures. ZEI and MIG will establish baseline performance measures, recommend new programs and enhancements to existing offerings, and identify implementation costs, projected revenues, and potential funding sources, including recommendations to efficiently utilize resources and partnerships to support cost-effective service delivery. Part of this analysis will be included in the Needs Assessment Report, while the recommendations, performance measures, and funding strategy will be delivered to augment Task 8.3, 9.1, and 10.2.

5.4 BENCHMARKING AND COMPARATIVE ANALYSIS
The MIG Team will identify key emerging trends in the provision of parks, facilities, and programs in related communities, providing a comparative analysis of Lancaster’s approach against regional and national benchmarks. MIG and ZEI will help the City benchmark its park acreage, recreation facilities, recreation programs, operations and maintenance performance against comparable agencies. With City input, ZEI will create a custom benchmarking form with key data points, including a 10-15 item questionnaire pre-ﬁlled with City responses. Together, they will select ﬁve to seven comparable agencies based on factors like location, size, accreditation, and demographics.

Benchmark data will be shared in exchange for agency input. Findings will be summarized in the Needs Assessment Summary Report.

5.5 ACCESS ANALYSIS AND SERVICE GAP ANALYSIS
MIG will assess access to parks, recreation facilities, and trails using ArcGIS Network Analyst™ to map service areas and identify gaps. The analysis will consider how residents travel to parks (walking, cycling, car, transit) and address physical barriers. MIG will compare gaps to demographics and density to identify underserved areas and potential park or trail acreage needs.

Up to three maps will be created to illustrate service areas, and vacant lands or other opportunities will be identiﬁed in underserved areas. After city review, ﬁndings will be included in the Needs Assessment Summary Report.

5.6 NEEDS ASSESSMENT SUMMARY REPORT
MIG will create an attractive summary report of the Needs Assessment ﬁndings. The Needs Assessment Summary Report will combine the results of the technical analysis and community engagement to identify needs for parks, recreation facilities, trails, and programs. It will highlight key themes across all outreach tasks, summarize existing service levels, and identify service gaps.

Exhibit A: Scope of Services and Cost Proposal 8
MIG will provide a draft document (PDF or Word ﬁle) and revise it into ﬁnal form based on one round of consolidated City feedback.

Deliverables
» Access Analysis and Service Gap Analysis (PDF)
» Needs Assessment Summary Report (PDF)
TASK 6: LAND ANALYSIS

6.1: LAND ANALYSIS
As a follow-up to Subtask 5.5, MIG will conduct a comprehensive land analysis to identify both publicly owned and private land parcels that are suitable for acquisition and development or expansion for park and recreation facility purposes. The analysis will focus on identiﬁed gap areas and targeted locations to meet park and facility needs. It will consider factors such as location, accessibility, current land use, zoning regulations, environmental constraints, needs assessment, and proximity to underserved areas. MIG will provide a detailed map and summary of identiﬁed parcels, highlighting opportunities for future park and facility development.

Deliverables
» Land Analysis Memorandum (PDF)
TASK 7: ASSET MANAGEMENT PLAN

7.1 ASSET MANAGEMENT PLAN
The MIG Team will develop an Asset Management Plan to sustain the City’s park and recreation assets. The plan will outline best practices for inspections, assessments, and preventative maintenance within a structured framework for monitoring asset conditions and lifecycles.

Budgeting and capital planning strategies will guide cost forecasting and phased expenditures for maintenance and facility upgrades. An adaptive management approach will ensure periodic updates based on evolving community needs.

Facility assessment ﬁndings will be summarized in a Draft Summary Memorandum (PDF) with one round of City review before ﬁnalization.

Deliverables
» Asset Management Plan (PDF)
TASK 8: CAPITAL IMPROVEMENT PROGRAM

8.1 CAPITAL IMPROVEMENT PROGRAM AND CAPITAL/OPERATIONS COSTS MIG will develop a 10-year Capital Improvement Program (CIP) that outlines planning-level costs for recommended capital projects and maintenance costs for each project. The model will use regionally based park improvement cost data, leveraging MIG’s experience in managing local park construction projects. This program will not be a one-time snapshot but will be adaptable to account for inﬂation, allowing City staff to use it for ongoing capital improvement planning and budgeting.

Exhibit A: Scope of Services and Cost Proposal 9

8.2 PRIORITIZATION TOOL
MIG will create a prioritization tool to help the City rank park assets and improvement projects based on their condition, usage, and community needs. The tool will incorporate data from the condition assessments, maintenance costs, safety, accessibility, and other relevant factors. MIG will collaborate with City staff to deﬁne the criteria for prioritization and develop a user-friendly system for assessing and ranking projects. The tool will be designed to inform future decision- making and capital improvement planning by providing clear insights into the most urgent and impactful park improvements.

8.3 FUNDING STRATEGY PLAN
EPS, a member of the MIG team, will collaborate with city staff and the MIG team to explore funding and implementation strategies that support the Master Plan’s recommendations. EPS will compare funding needs to the City’s current funding tools and identify additional resources for facility investments, land acquisition, and operations, maintenance, and programming. EPS will evaluate the beneﬁts and drawbacks of these tools and summarize the most viable options in a Funding Strategy memorandum. This memorandum will outline recommended funding sources and related actions to support both the phased implementation of projects.

Deliverables
» Capital Improvement Program and Capital/Operations Costs (Excel and PDF) » Prioritization Tool (PDF)
» Funding Strategy Plan (PDF)
TASK 9: MASTER PLAN GOALS AND OBJECTIVES

9.1 SYSTEMWIDE VISION, GOALS, OBJECTIVES, AND POLICIES
Drawing from the extensive community engagement input, MIG will introduce a new vision and goals for parks, art, recreation, and trails, along with relevant objectives and policy recommendations related to the systemwide enhancement and management of the park and recreation system.

Deliverable
» Systemwide Vision, Goals, Objectives, & Policies (PDF) TASK 10: RECOMMENDATIONS

10.1 SITE SPECIFIC RECOMMENDATIONS
MIG will develop policy-level recommendations for existing and proposed parks. Building on the Asset Condition Assessment (Subtask 3.2), Access and Service Gap Analysis (Subtask 5.5), Land Analysis (Subtask 6.1) that considered vacant lands and new park opportunities, and the Asset Management Plan (Subtask 7.1), site recommendations will address new acquisitions, development, renovations, improvements, added elements, and potential partner projects. Site recommendations will be deﬁned in a matrix format and spatially depicted on the 11” x17” base map to illustrate the mapped locations of projects or programmatic changes.

Exhibit A: Scope of Services and Cost Proposal 10

10.2 RECREATION PROGRAMS RECOMMENDATIONS
Zec Eight Insights will provide, in memo format, recommendations for new or enhanced programs that align with community interests, prioritize inclusivity, and meet diverse recreational needs.

10.3 MAINTENANCE AND OPERATIONS RECOMMENDATIONS
Zec Eight Insights will provide, in memo format, recommendations to improve service delivery, optimize resource allocation, and enhance the sustainability of park facilities and maintenance services. This information will inform and be coordinated with the Asset Management Plan (Subtask

7.1).

10.4: PER CAPITA SPENDING ANALYSIS
The MIG Team will conduct a Per Capita Spending Analysis as an additional approach to benchmarking the community’s park and recreation system. This analysis will assess current spending per capita for parks, facilities, and programs, and compare it with regional and national benchmarks, and project per capita spending for anticipated future population growth. The ﬁndings will inform recommendations for aligning budget priorities with community needs. Results will be presented in a clear and accessible format for City staff review and decision-making.

10.5 PHASED IMPLEMENTATION ACTION PLAN
MIG will develop an Implementation Action Plan for the recommendations outlined in the Master Plan, with capital projects divided into short-term (ﬁve-year), mid-term (ten year), and long-term (twenty year) projects, as informed through prioritization process described in Subtasks 8.2, 4.7, and 4.8. The action plan will prioritize recommendations, set timelines for implementation, and provide a roadmap for the City to follow in achieving the identiﬁed goals.

Deliverables
» Site Speciﬁc Recommendations (PDF)
» Recreation Programs Recommendations (PDF)
» Maintenance and Operations Recommendations (PDF)
» Per Capita Spending Analysis (PDF)
» Phased Implementation Action Plan (PDF)
TASK 11: PREPARATION OF MASTER PLAN

11.1 ADMINISTRATIVE DRAFT MASTER PLAN
MIG will prepare a Master Plan outline and document template using Adobe InDesign, creating a highly graphic and visually appealing layout. Upon approval of the outline and document template, MIG will create a full draft of the Master Plan, designed to be an attractive, easy-to-read document, illustrated with graphics, maps, and photos. This will serve as a communication tool for City staff to build community support for implementation.

Exhibit A: Scope of Services and Cost Proposal 11

11.2 PUBLIC DRAFT MASTER PLAN
Using one set of City consolidated comments from the Administrative Draft and adding an Executive Summary, MIG will revise the document, providing a web-ready PDF of the revised document to the City for posting and distribution.

11.3 MASTER PLAN REVIEW/COMMENT/DIRECTION MEETINGS (1-2) MIG will present the Public Draft Master Plan in up to two meetings (potentially including the Planning Commission, City Council, or other staff leadership group) for review, feedback, and direction. During these meetings, MIG will highlight key components of the plan, including goals, strategies, and recommendations. These formal meetings will supplement City staff efforts to gather input from key leaders on the plan’s content, ensuring alignment with community priorities and city objectives. City staff will provide one set of collated comments on desired plan changes.

11.4 FINAL DRAFT MASTER PLAN
MIG will prepare the ﬁnal draft of the Master Plan, incorporating feedback and revisions from the Planning Commission and City Council. This version will be distributed to the public for their review and input prior to the adoption hearing.

11.5 CITY COUNCIL ADOPTION HEARING (1)
MIG will present the ﬁnal draft of the Master Plan, along with a summary of public comments, at the City Council adoption hearing. MIG will assist in addressing any questions or concerns raised during the hearing and support the City in the adoption process.

11.6 FINAL MASTER PLAN
Based on one set of consolidated comments provided by the City, MIG will ﬁnalize the Master Plan, providing a print-ready pdf and all original ﬁles to the City.

11.7 PROJECT CLOSEOUT
MIG will deliver ﬁnal project materials, including GIS ﬁles (original GIS data and project-speciﬁc data layers created for the project), to the City as part of the project closeout. This task also includes project administration, ﬁnal invoicing, and ensuring all deliverables are submitted. MIG will conduct ﬁnal coordination meetings and facilitate communication to ensure a smooth transition.

Deliverables
» Outline and Document Template (PDF)
» Administrative Draft Master Plan (Word & PDF)
» Public Draft Master Plan (InDesign & PDF)
» Final Draft Master Plan (InDesign/Word & PDF)
» Final Master Plan (InDesign/Word & PDF)
» Final Deliverables (GIS Files and Original Files)
Exhibit A: Scope of Services and Cost Proposal 12
Meetings, Engagement Activities, Tours, and Field Work
» Planning Commission and City Council Status Meeting (2 In-Person Meetings) » City Council Adoption Hearing (1 In-Person Meeting)

Optional Tasks
In addition to the scope of work above, MIG included two alternative/optional tasks for City consideration (Tasks 12 and 13).

OPTIONAL TASK 12: EXECUTIVE SUMMARY (ENGLISH AND SPANISH) MIG will create an attractive, highly visual, pull-out version of the Draft Plan’s Executive Summary in English and in Spanish, which can be used to build cross-cultural support for Plan implementation.

This task includes translation and layout.

Deliverables
» Master Plan Executive Summary (English and Spanish) (PDF) OPTIONAL TASK 13: NEEDS ASSESSMENT QUESTIONNAIRE
To extend the reach of the engagement efforts in identifying community needs for parks, programs, and services, and building on the statistically valid Community Survey (Task 4.4) and the Community Workshops (Task 4.5), MIG will develop and program an online questionnaire that is tablet-, computer-, and smartphone-friendly. The questionnaire will address questions about parks, recreation facilities, open space, programs, and services. MIG will draft questions, revise them based on one set of comments from City staff, translate questions into Spanish, program the questionnaire online, and provide a link to the City for web posting and distribution. MIG will host the questionnaire for four to ﬁve weeks. Following this, MIG will present tabulated results and include the summary of key ﬁndings in the comprehensive Engagement Summary Report (Task

4.6). City staff will be responsible for advertising the questionnaire and posting links on the website and social media.

Deliverables
» Needs Assessment Questionnaire and Tabulated Results (PDF)

Scope Assumptions

» Community Workshops. MIG will provide workshops and popups as identiﬁed in the Scope of Work, with the City assisting in outreach efforts to ensure participation. City staff will be responsible for marketing the workshops, arranging meeting spaces, and providing refreshments.

MIG will be responsible for preparing workshop materials and facilitating meetings, activities, and tools.

Exhibit A: Scope of Services and Cost Proposal 13
» Facility Inventory. The scope assumes that the city’s current inventory of park facilities and amenities is up-to-date and will be provided to MIG for analysis. Any discrepancies or missing information may require additional data collection, impacting the timeline and budget. » Project Schedule. This project assumes a 18-month schedule. » Spanish Translation. A Spanish translation allowance has been included for the engagement subtasks including Collaterals, Community Survey, Sidewalk/Pop-up Engagement, Needs Assessment Questionnaire (Optional) and Executive Summary (Optional) to support material translation.
» Rounds of Review. All documents submitted will undergo one round of review. Revisions must be submitted to MIG with consolidated comments. The project schedule assumes that there will be timely feedback from the City on all key deliverables to maintain schedule. Signiﬁcant delays in providing input or approvals may impact the project timeline. » Conditions Assessment Field Work Allowance. This scope of work assumes the assessment will cover 13 City parks, with two MIG landscape architects using the Field Assessment App to evaluate outdoor park conditions. It allows one additional day for one MIG staff to conduct a cursory visual inspection of selected or representative buildings of the City’s 18 facilities, to cross- check the building condition data provided by City staff. If substantial information changes regarding assets or more or fewer parks and facilities are selected for evaluation, the scope and costs may be adjusted accordingly, subject to consultation with the City of Lancaster. » Scope Limitations. The Condition Needs Assessment task does not include Americans with Disabilities Act (ADA) compliance reviews or architectural and structural engineering evaluations. » Final Deliverables. The scope assumes that ﬁnal deliverables will include the Final Plan, an any revised GIS data, and documents in the following digital formats: Word, Adobe InDesign, PowerPoint, JPGs, Excel, and PDFs.

Exhibit A: Scope of Services and Cost Proposal 14

COST PROPOSAL
Task Description Task Total
Lump Sum
Task 1: Project Management $28,130
Task 2: Base Map $2,860
Task 3: Evaluate Existing Conditions $116,852
Task 4: Outreach and Engagement $93,133
Task 5: Needs Assessment $82,238
Task 6: Land Analysis $6,330
Task 7: Asset Management Plan $15,730
Task 8: Capital Improvement Program $25,730
Task 9: Master Plan Goals and Objectives $5,440
Task 10: Recommendations $28,047
Task 11: Preparation of Master Plan $49,960
Total $454,450
Optional Tasks

Task 12: Exec Summary (Spanish layout/translation) $5,870 Task 13: Community Questionnaire (Needs Assessment Phase) $8,035

2 3 4 5 6 7 8 9 10 11 12 1413 15 16 17 18
TARGET
DATES
MONTHS
June 2025 Nov 26Feb 2025 Mar 2026 June 2026
1 Project Timeline
Lancaster PARCS Comprehensive Master Plan
Ongoing Coordination and Biweekly City Staff/MIG Calls
Park Tour
Planning Commission &
City Council:

Master Plan Review &
Comment/Direction
Adoption
Hearing
Kick-off
Meeting
Community Survey
Survey
Final
Plan
Project Branding
and Template
Community
Engagement
Strategy
Summary
Community
Engagement
Summary
Report
Assessment
Memorandum
Parks &
Facilities
Assessment
System Inventory
& Map
Plan Outline
& Template
Needs Assessment
Summary Report
Recreation
Programs &
Services Inventory
and Assessment
Maintenance
& Operations
Analysis
Baseline
Funding
Analysis
Benchmarking &
Comparative
Analysis
Demographic
Analysis
Parks, Trails,
Facilities
LOS Analysis
Systemwide
Vision, Goals,
Objectives, &
Policies
Access
Analysis
& Service
Gap Analysis
Park & Facility
Evaluation
App
Stakeholder
Interviews
Base Map
Maintenance,
Recreation &
Programs,Services
Meetings
Focus
Groups
Prioritization
Questionnaire Prioritization
Summary
Capital
Improvement
Program
Funding
Strategy
Plan
Prioritization
Tool
Phased
Implementation
Action Plan
Program,
Maintenance, &
Operations
Recommendations
Collaterals
FINAL
Parks & Recreation
Existing System Brief
DRAFT

FINALDRAFTFINAL
FINAL
DRAFT
Final
Draft Master
Plan
Public
Draft
Master
Plan
Site Speciﬁc
Recommendations
DRAFT
Administrative
Draft Plan
DRAFT
Workshops (2)
Popup Events (2)

PROJECT MANAGEMENT
Initiation
Tasks
Existing Conditions Engagement Needs Assessment Recommendations Plan Development Adoption

REPORTS, DOCUMENTS, AND MAPPING OUTREACH AND ENGAGEMENT Prioritization
Community
Questionnaire (Optional)

STAFF REPORT
City of Lancaster
CC 10
5/27/2025
TN
Date: May 27, 2025
To: Mayor Parris and City Council Members
From: Patti Garibay, Director - Community Development
Subject: Resolution of the City Council of the City of Lancaster authorizing a joint application to and participation in the Homekey+ program for a permanent supportive housing development located at 43530 17th St. West Recommendation:

1. Adopt Resolution 25-XX, authorizing the City Manager or designee to prepare and submit a joint application with Greenland Symmetry (Greenland) to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the Lancaster Inn Permanent Supportive Housing development in an amount not to exceed $33,000,000.

2. Authorize the City Manager or designee to take all necessary actions for the City’s participation in HCD’s Homekey+ program, including entering into HCD’s Standard Agreement and any amendments, subject to the concurrence of the City Attorney.

3. Authorize the City Manager or designee to negotiate and execute a three-way agreement among the City of Lancaster, the owner of the subject property, and Greenland to pursue Homekey+ grant funding (“Tri-Party Agreement”), subject to the concurrence of the City Attorney.

G.C. Section 84308: No
Fiscal Impact:

There are no direct costs associated with adopting the attached resolution and MOU. As a result, adoption of the attached resolution and negotiation and execution of a Tri-Party Agreement MOU will not impact the City of Lancaster General Fund. If the Application is approved, the grant will 2 0
5 7
be for a total amount not to exceed $33,000,000 at which time revenue and expenditure accounts will need to be formed.

Background:

Homekey+ is a new program funded by Proposition 1 to build permanent supportive housing for populations struggling with mental health and/or substance use disorders. There is $1.033 billion available for veterans and $1.11 billion for all other eligible populations. It has a similar model to the original Homekey program which encouraged rehabilitation and conversion of existing buildings into permanent affordable housing. HCD released the Homekey+ NOFA on November 23, 2024 and the applications opened at the end of January 2025. HCD will start to announce Homekey+ awards in the summer of 2025 on a rolling basis. The applications are due on May 30, 2025. Developers with a Homekey+ eligible project must apply in partnership with a public agency. HCD requires applicants to use their Homekey+ resolution template, which must be adopted as written.

Greenland reached out to the City of Lancaster to potentially partner on a Homekey+ application.

Greenland is an experienced developer who has successfully built Project Homekey funded facilities in Los Angeles County. Greenland and the owner of the Lancaster Inn agreed to a purchase and sale agreement with the intent of utilizing the site for a Homekey+ development project in partnership with the City. The project will focus on mothers and children and will include over 100 permanent supportive housing units and one manager’s unit. The project will include 17 designated mobility units (15%) and 11 hearing/vision impaired units (10%), in full compliance with Homekey+ accessibility requirements. The City of Lancaster will serve as the Lead Applicant on the Homekey+ application and Greenland will serve as the Managing General Partner/Co-Applicant. Greenland has selected Tarzana Treatment Centers (Tarzana) to serve as the facility Operator to deliver voluntary, trauma-informed services that support tenant stability and long-term housing success once the site is built. On-site supportive services will include case management, behavioral health coordination, housing navigation, peer support, and benefits enrollment. The rehabilitation scope will include dedicated space for a community room, case management offices, and private meeting areas for supportive services.

This project directly supports the goals of the Homekey+ initiative and Proposition 1 by expanding deeply affordable, service-enriched housing for vulnerable residents of the Antelope Valley. Should the project receive approval and funding, it will move through the City’s entitlement processes, including comprehensive design reviews, community outreach efforts to engage and inform residents, and adherence to all relevant construction and permitting requirements.

The parties and responsibilities for this project are outlined below:
•City of Lancaster will be the main applicant for Homekey+ funding. Greenland will be the City’s co applicant.
•Greenland will be responsible for securing site control, leading the initial build-out of the property, and coordinating with necessary partners to support project implementation. •Tarzana has been selected by Greenland to serve as the lead operator and provide services as required by Homekey+.

Attachment:

Resolution 25-XX

RESOLUTION NO. 2025-

CITY OF LANCASTER

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, AUTHORIZING A JOINT APPLICATION TO
AND PARTICIPATION IN THE HOMEKEY+ PROGRAM FOR
A HOMELESS HOUSING DEVELOPMENT AT 43530 17 TH

STREET WEST

A necessary quorum and majority of the City Council Members of the City of Lancaster hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability, dated November 26, 2024 (“NOFA”), for the Homekey+ Program (“Homekey+” or “Program”). HCD has issued the NOFA for Homekey+ grant funds pursuant to Health and Safety Code Section 50675.1.3 (Assem.

Bill No. 140 (2021-2022 Reg. Sess.), § 20.); Health and Safety Code Section 50675.1.5 (Assem. Bill No. 531 (2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (HHAP) grant program. (Assem. Bill No. 129 (Chapter 40, Statutes 2023) and Assem. Bill No. 166 (Chapter 48, Statutes 2024), respectively; and
B. WHEREAS, the City of Lancaster (“Applicant”) desires to jointly apply for Homekey+ grant funds with Greenland Symmetry. Therefore, Applicant is joining Greenland Symmetry in the submittal of an application for Homekey+ funds (“Application”) to HCD for review and consideration; and
C. WHEREAS, HCD is authorized to administer Homekey+ pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey+ funding allocations are subject to the terms and conditions of the NOFA, the Application, the HCD-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey+ Program.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City of Lancaster is hereby authorized and directed to submit a joint Application to HCD in response to the NOFA, and to jointly apply for Homekey+ grant funds in a total amount not to exceed $33,000,000.

2. If the Application is approved, the City of Lancaster is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $33,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, the “Homekey+ Documents”).

3. The City of Lancaster acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof.

Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

4. The City Manager, or his or her designee, is authorized to execute the Application and the Homekey+ Documents on behalf of the City of Lancaster for participation in the Homekey+ Program.

PASSED, APPROVED, and ADOPTED this 27th day of May, 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 ________________, 2025.

(seal)

STAFF REPORT
City of Lancaster
PH 1
5/27/2025
TN
Date: May 27, 2025
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Underground Utility District No. 2025-01; Division Street from Avenue J-8 to 620 Feet South of Avenue K, and Avenue K from Division Street to Sahuayo Street Recommendation:

Adopt Resolution No. of the City Council of the City of Lancaster, declaring its intention to create the Underground Utility District No. 2025-01.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

Each year, Southern California Edison (SCE) provides Rule 20(A) funding to the City of Lancaster to pay for the undergrounding of existing overhead SCE utilities. The City has banked several years of allocations, and currently has a 2025 allocation balance of $3,841,009.00. In order to utilize the SCE allocation balance prior to discontinuation of the Rule 20(A) Program, and to improve the safety and appearance of certain City streets, staff recommends removing utility poles and undergrounding the overhead utilities along Division Street from Avenue J-8 to 620 feet south of Avenue K, and along Avenue K from Division Street to Sahuayo Street. This project boundary includes approximately 3,824 feet (0.72 miles), and the Rule 20(A) work outlined above would be scheduled to be completed by December 31, 2027.

This location was selected because it fronts undeveloped City owned parcels where undergrounding will increase property value, remove unsightly overhead lines, and enhance the property's appeal should the City decide to pursue private development in the future.

SC/js
2 0
3 6
Attachment:

Resolution No.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, DECLARING ITS INTENTION
TO CREATE THE UNDERGROUND UTILITY DISTRICT NO.
2025-01
WHEREAS, on May 27, 2025, the City Council of the City of Lancaster, California, met at 1:30 p.m. in the Council Chambers, Lancaster City Hall, 44933 Fern Avenue, Lancaster, California, to determine whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures and the undergrounding of wires and facilities for supplying electric, communication, or similar or associated service on those streets, easements and rights-of-way within that territory included generally within the boundaries, as shown on Exhibit “A”, attached hereto and incorporated herein by reference; and WHEREAS, the notice of such hearing has been given to all utilities concerned in the matter and for the time required by law; and
WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, AS FOLLOWS:

Section 1. The public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures and the undergrounding of wires and facilities for supplying electric, communication or similar or associated service in that territory included generally within the boundaries shown on Exhibit “A”, attached hereto and incorporated herein by reference, and such described area is hereby established as Underground Utility District No. 2025-

01. Section 2. The following exceptions exist under Chapter 13.20, Article I of the City of Lancaster Municipal Code – Underground Utility Districts:
a. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts are permitted overhead; and
b. Equipment appurtenant to underground facilities, such as surface mounted transformers, surface mounted switches, pedestal mounted terminal boxes, meter cabinets, and concealed ducts are permitted.

Section 3. It is ordered that by December, 31, 2027, all the electric, communication and similar or associated service overhead distribution facilities shall be removed from Underground Utility District No. 2025-01, and the underground installation of such distribution facilities shall have been accomplished in said district. Funding for the undergrounding of Southern California Edison (“SCE”) facilities will be covered by the City’s Rule 20(A) funds.

Resolution No.

Page 2 ends

Section 4. The City Clerk, within ten (10) days after the adoption of this Resolution, shall mail a copy hereof and a copy of Chapter 13.20, Article I of the City of Lancaster Municipal Code, to all affected utility companies.

Section 5. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED and ADOPTED this 27th day of May 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 )
Resolution No.

Page 3 ends

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)

For use with Licenses, Permits, POs, and RFPs

California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster official from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision is rendered.

The Levine Act also requires a Lancaster City official who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Lancaster City Council Members are listed at:
https://www.cityoflancasterca.org/government/city-officials/city-council-copy

Current Planning Commissioners are listed at:
https://www.cityoflancasterca.org/government/commissions-appointments/planning

Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city official in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?

YES If yes, please identify the Council Member(s)/city official(s):

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city official in the 12 months following any Council action related to your proposal or application?

YES If yes, please identify the Council Member(s) /city official(s):

NO (Please note that if this is a contract lasting more than one (1) year that you must update this form if there are any contributions made after the contract is awarded)

Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member (s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
Edison International
2/6/25

STAFF REPORT
City of Lancaster
NB 1
05/27/25
TN
Date: May 27, 2025
To: Mayor Parris and City Council Members
From: Sonya Patterson, Parks, Arts, Recreation, and Community Services Director Subject: Proposed Lancaster Museum of Art and History Education Classroom Renaming to Learn4Life Education Room.

Recommendations:

1.Adopt Resolution No. 25-___, approving the renaming of the Lancaster Museum of Art and History (MOAH) Education Classroom “Learn4Life Education Room” for a period of five (5) years (2025-2030).

2.Approve Sponsorship Contract between City of Lancaster and Lancaster Museum Public Art Foundation (LMPAF) Sponsorship Contract with Learn4Life.

3.Authorize the City Manager, or designee, to execute all documents necessary to effectuate the renaming, including the attached Sponsorship Contract.

G.C. Section 84308: No
Fiscal Impact:

No impact to the General Fund.

Background:

On February 24, 2025, the City received a formal naming application from the Lancaster Museum and Public Art Foundation (LMPAF) in partnership with Learn4Life Schools, requesting that MOAH’s Education Classroom be renamed the Learn4Life Education Room for a term of five years.

The Education Classroom (Room 109) hosts MOAH’s STEAM based workshops, docent trainings, and K-12 field-trip programming that serve more than 8,000 students annually.

Learn4Life Schools is a California-based network of free public charter high schools that offers flexible, personalized instruction to students who thrive outside traditional classroom settings.

2 0
3 1
Over the past decade, Learn4Life has provided mentorship, internship placements, and career- technical learning opportunities to Antelope Valley youth, directly complementing MOAH’s education mission.

In accordance with the City’s Administrative Policy and Procedure Number 000-03 Facility Naming, the City published a notice of intent to rename the Education Classroom in the Antelope Valley Press newspaper on March 26, 2025, and April 3, 2025. The notice invited public comment on the proposed name to Learn4Life Education Room, with comments on the proposed name to be submitted via email to ( [email protected]) by May 3, 2025. Additionally, applications to propose a new name were available online at (www.cityoflancasterca.org/parkrenaming) and accepted through January 11, 2024.

No community input, nor alternative name proposals were received by the deadline. Given there were no community objections to the proposed facility name.

Under the Sponsorship Contract, Learn4Life Schools secures exclusive naming rights to MOAH’s Education Classroom (Room 109) for five years (2025-2030). In return the sponsor delivers a $50,000 cash donation, paid in annual $10,000 installments to LMPAF. The City and the Lancaster Museum and Public Art Foundation (LMPAF) will acknowledge the sponsor through interior signage, printed and digital collateral, and program acknowledgments. LMPAF will fund initial signage and coordinate additional obligations as stipulated in the Sponsorship Contract.

The proposed sponsorship yields a net-positive fiscal outcome for the City. Learn4Life Schools will contribute $50,000 over five years, five equal installments of $10,000, designated exclusively for MOAH educational programming and community outreach. Start-up costs are minimal and fully offset: LMPAF will reimburse the City up to $3,500 for interior and exterior signage bearing the sponsor’s name and logo, ensuring no General Fund dollars are required. The agreement also transfers routine event expenses (e.g., receptions, Lantern Room rentals, and trunk-show travel) to LMPAF or the sponsor, further insulating the City from unbudgeted liabilities. In sum, the partnership augments MOAH’s operating capacity while safeguarding the City’s financial resources.

Renaming the classroom to the Learn4Life Education Room directly advances the City’s Unifying Principles. First, it bolsters Education in Arts & Culture by expanding no-cost, standards-aligned workshops that reach more than 8,000 K-12 students annually. Second, it creates Community through partnerships, formalizing ties with a charter-school network that provides mentorships, CTE pathways, and family engagement programming, complementing the PARCS Department’s equity and inclusion goals. Furthermore, the infusion of a $50,000 sponsorship exemplifies the City’s Fiscal Sustainability goal by leveraging private funding to enhance public services, thereby reducing reliance on the General Fund and diversifying MOAH’s revenue.

Attachments:

Resolution
Application
Sponsorship Contract
Levine Act Statement
SP:VR

RESOLUTION NO. 25-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, TO RENAME THE LANCASTER

MUSEUM OF ART AND HISTORY EDUCATION CLASSROOM
TO LEARN4LIFE EDUCATION ROOM.

WHEREAS, The Lancaster Museum of Art and History, Education Classroom has been a educational community gathering place for many years; and WHEREAS, the City of Lancaster (City) has received an application to rename the Lancaster Museum of Art and History, Education Classroom to Learn4Life Education Room; and WHEREAS, the City has published a notice of intent to rename the Lancaster Museum of Art and History, Education Classroom to Learn4Life Education Room in the Antelope Valley Press newspaper on March 26, 2025 and April 3, 2025; and WHEREAS, the City Council determined there was no public comment received by published deadline to the proposed facility name; and
WHEREAS, the City Council determined the application for facility naming meets the criteria of “exceptional contributions to the City or demonstrated commitment to public service” as established in Administrative Policies and Procedures Manual Number 000-03.

WHEREAS, the City Council has determined that Facility Naming Procedure, as outlined in the City of Lancaster Administrative Procedure Number 000-03, has been followed; and WHEREAS, the City Council has determined Learn4Life Education Room naming is an appropriate way to commemorate the support of the Lancaster Museum of Art and History; and WHEREAS, the City Council desires to rename the Lancaster Museum of Art and History, Education Classroom to Learn4Life Education Room.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. The Lancaster Museum of Art and History, Education Classroom is hereby renamed to Learn4Life Education Room.

Section 3. If any provision of this resolution is held to be invalid or unenforceable, such provision shall be struck from this resolution and the remaining provisions shall remain in full force and effect.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution, which shall take effect immediately upon its passage and adoption.

Resolution No. 25-__
May 27, 2025

Page 2 ends

PASSED, APPROVED and ADOPTED this 27 day of May, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

RECUSED:

ABSENT: APPROVED:

____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

Resolution No. 25-__
May 27, 2025

Page 3 ends

CERTIFICATION OF RESOLUTION

CITY OF LANCASTER

I, __________________________, ___________________________ City of Lancaster, CA, 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)

___________________________________

PARCS Department
44933 Fern Avenue
Lancaster, CA 93534
(661) 723-6220
www.cityoflancasterca.org
City of Lancaster and LMPAF Sponsorship Contract 2025
I. SPONSOR INFORMATION
Contact Information
Business Name: Learn4Life Contact Name: Victor Nardiello, Area Superintendent Address: 177 Holston Drive City: Lancaster State: CA Zip: 93535 Phone: 661.902.3345 Cell: 661.902.3345 Fax:

Email: [email protected] Website: Learn4Life.org II. SPONSOR BENEFITS
As a $50,000 City of Lancaster, Museum of Art and History (MOAH) Sponsor in partnership with the Lancaster Museum and Public Art Foundation (LMPAF), Learn4Life Schools will receive the following benefits:
•Official Naming Rights to Classroom 109 at the Lancaster Museum of Art and History (MOAH) for the term of five years (2025-2030) in accordance with the Facility Naming Policy (000-03). •One (1) hosted reception at MOAH to be coordinated by LMPAF •Private Tour of the Museum, with access to the non-public access areas such as the Permanent Collection Vaults.

III. TERM
The term of this Agreement shall be for five (5) years from the date of this Agreement, unless sooner terminated as herein provided.

IV. NAMING RIGHTS
The name " Learn4Life Education Room" will be used on all advertising, promotional materials, and media information associated with the Lancaster Museum of Art and History’s Education Classroom. Learn4Life grants the City of Lancaster permission for its logo to be used as part of advertising, promotional materials, and media information associated with the Lancaster Museum of Art and History’s Education Classroom.

Sponsor further agrees to the use of such logo on merchandise or publications for which Sponsor will receive no additional compensation.

V. SPONSOR DONATIONS
As a City of Lancaster and Lancaster Museum and Public Art Foundation Sponsor (Learn4Life Schools) will provide a $50,000 cash donation to be paid in 5 installments of $10,000 each year by April 1st with the first installment be 15 days after signing the contract.

VI. SPONSOR OBLIGATIONS
•Sponsor must abide by all Terms & Conditions (see below) and all applicable municipal, county, state and federal laws.
•Sponsor is encouraged to cross-promote events through business advertising. •Sponsor must provide the City with an electronic copy of its logo at least six (6) inches wide at 300 dpi in .eps or other graphic format for promotional purposes. •Sponsor must verify the legal name, address, website and phone number they would like to appear in event advertising and program guides.

VII. LMPAF OBLIGATIONS
•LMPAF shall provide funds to the City in an amount not to exceed $3,500 for costs incurred by the City in connection with the development of signage bearing the Sponsors name and logo ("Start-up Sign Costs"). The Sponsor and/or logo name shall be displayed in the Lancaster Museum of Art and History Education Room.

Sponsorship Contract 2025
2 of 4
•Provide coordination of 2 Exclusive Lantern Room events during the partnership term. LMPAF would be responsible for submitting the appropriate reservation paperwork and would be subject to all fees resulting in the cost of reservation.
•Fees resulting from the Lantern Room events would be payable to the City of Lancaster at a minimum of 30 days prior to the selected date.
•Coordinate a private tour of the Museum, with access to the non-public access areas such as the Permanent Collection Vaults. The tour must be coordinated with the City of Lancaster at a minimum of 15 days prior to the selected date
•Provide the Sponsor one (1) hosted reception at MOAH. The reception must be coordinated in advance with City Staff at a minimum of 45 days prior to date. •Provide payment for trunk shows at Learn4Life school locations for students and families, up to four (4) per year during the contract term.

VIII. PAYMENT INFORMATION
The Lancaster Museum and Public Art Foundation will invoice Learn4Life Schools for the total amount due of $50,000 to be paid in 5 installments of $10,000 each year by April 1st of each year with the first installment be 15 days after signing the contract.

IX. TERMINATION UPON DEFAULT
City and LMPAF shall have: the right to terminate this Agreement upon the occurrence of any of the following events:
•Sponsor defaults in the making of any of the annual payments required to be made by it by the dates specified in the Agreement and does not cure within thirty (30) days; •Sponsor defaults in the performance or observance of any other term, covenant, condition, or provision of this Agreement.
•Sponsor engages in questionable business practices as determined by City and LMPAF. •Upon the effective date of such termination, the term of this Agreement shall end as fully and completely as if that were the date herein fixed for the expiration of the term of this Agreement.

Within (90) days after this Agreement is terminated, City and LMPAF shall remove all signs or other equipment installed and/or operated pursuant to this Agreement if City so desires, except as expressly excepted by City in writing.
•Notwithstanding any of the above, City may bring a separate action for any default in Sponsors payment of the required annual payments.

X. INDEMNIFICATION
Sponsor shall indemnify, defend and hold harmless City and LMPAF, their officers, directors, employees and representatives from and against any and all losses, claims, suits, damages, liabilities, costs and expenses, including attorneys' fees and court costs incurred by any of them arising out of Sponsors use of the Lancaster Museum of Art and History’s Education Room and/or the performance of this Agreement. If Sponsor changes its name or requests design or text changes in signage or printed materials, the cost of such changes or new signage shall be borne by Sponsor.

XI. NATURE OF RELATIONSHIP
The parties expressly acknowledge and agree that the Sponsor is acting as an independent contractor. Each party is responsible for all taxes relating to its operation, including payroll taxes for its employees, and nothing in this Agreement is intended to create a relationship, express or implied, of employer-employee between Sponsor, the City and LMPAF. Except as expressly authorized herein, neither party may contract for or otherwise obligate the other party without the party's prior express written consent.

XII. NOTICES, STATEMENTS AND PAYMENTS
All notices, statements and payments required under this Agreement shall be sent to the parties at the following addresses:

LEARN4LIFE, INC.
44130 20th Street W.

Lancaster, California
93534 Attn: Victor
Nardiello, Area
Superintendent

CITY OF LANCASTER
44933 North Fern
Avenue Lancaster,
California 93534 Attn.:

Trolis Niebla, City
Manager

LANCASTER MUSEUM

AND PUBLIC ART

FOUNDATION
44933 North Fern
Avenue Lancaster,
California 93534 Attn.:

LMPAF President
PARCS Department
44933 Fern Avenue
Lancaster, CA 93534
(661) 723-6220
www.cityoflancasterca.org
All notices, statements and payments shall be deemed delivered when deposited in the United States mail postage prepaid, when hand delivered if delivered personally, when telecopied if the sender's telecopier confines transmission (with respect to notices and statements) or when wire transferred in federal funds (with respect to payments).

XIII. RENEWAL
This Agreement may be renewed by agreement of the parties. In the event the City and LMPAF have a proposal from another entity seeking to enter into a similar agreement upon expiration of this Agreement, Sponsor shall have a first right of refusal to enter into an agreement on the same or better terms as proposed by such other entity. The City and the LMPAF shall give Sponsor written notice of such offer.

Sponsor shall notify the City and LMPAF of its desire to accept such terms within ten (10) days. In the absence of such notification from Sponsor, the City and LMPAF may enter into an agreement with such other entity.

XIV. WAIVERS
A waiver of any provision of this Agreement shall be enforceable only if the waiver is in writing signed by the party against whom the waiver is sought to be enforced. A failure by a party at any time to exercise any rights hereunder shall not constitute a waiver of such rights at another time.

XV. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior written or oral agreements between them with respect to the subject matter hereof.

XVI. ASSIGNMENT
This Agreement may not be assigned by either party without the prior written consent of the other party.

XVII. SIGNIFICANCE OF HEADINGS
Paragraph headings contained herein are solely for the purpose of aiding the speedy location of subject matter and are not in any sense to be given weight in the construction of this Agreement. Accordingly, in case of any question with respect to the construction of this Agreement, it is to be construed as though paragraph headings had been omitted.

XVIII. GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. The parties hereto hereby submit to jurisdiction and venue in any state or federal court located in California as well as any other jurisdiction having venue and competent jurisdiction of any law suit arising out of or relating to this Agreement; provided, however, if any proceedings are instituted in a jurisdiction other than California, any party may remove such proceeding to any state or federal court in California.

XIX. FURTHER EXECUTION; COOPERATION
The parties agree to execute and deliver such further agreements, instruments and other documents as the other party may reasonably deem necessary to effectuate the purposes and provisions of this Agreement.

The parties further agree to cooperate with each other in any manner reasonably requested by the other party to effectuate the purposes and provisions of this Agreement.

XX. COUNTERPARTS
This Agreement may be executed in counterparts and the signature page of any party, and photocopies and facsimiles thereof, may be appended to any counterpart and when so appended shall constitute an original signature.

Signatures begin on the next page.

Sponsorship Contract 2025
4 of 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER

LANCASTER, CALIFORNIA
By:

Trolis Niebla, City Manager
Dated:

LANCASTER MUSEUM AND PUBLIC ART FOUNDATION
By:

Nicole Christensen, President LMPAF
Dated:

Learn4Life, Inc
By:

Victor Nardiello, Area Superintendent
Dated:

ATTEST:

City Clerk
APPROVED AS TO FORM: CONTRACT SUBMISSON APPROVAL:

City Attorney Department Head
For use with RFPs, Licenses & Permits

California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster oﬃcial from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a ﬁnal decision is rendered.

The Levine Act also requires a Lancaster City oﬃcial who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Lancaster City Council Members are listed at:
https://www.cityoﬂancasterca.org/government/city-oﬃcials/city-council-copy Current Planning Commissioners are listed at:
https://www.cityoﬂancasterca.org/government/commissions-appointments/planning

Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city oﬃcial in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s)/city oﬃcial(s):

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city oﬃcial in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s) /city oﬃcial(s)::

NO (Please note that if this is a contract lasting more than one (1) year that you must update this form if there are any contributions made after the contract is awarded) Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identiﬁed Council Member (s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
Docusign Envelope ID: 639E234C-4B36-4D7E-8AFC-ACD90335582A

Desert Sands Charter High School
April 25, 2025 | 9:11:18 AM PDT
X
X
For use with RFPs, Licenses & Permits

The Levine Act also requires a Lancaster City oﬃcial who has received such a contribution to disclose the contribution on the record of the proceeding.

Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city oﬃcial in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s)/city oﬃcial(s):

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city oﬃcial in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s) /city oﬃcial(s)::

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
Docusign Envelope ID: C2471950-F167-4743-8881-BA2DC9F516D1

April 23, 2025 | 11:39:03 AM PDT
LMPAF
X

STAFF REPORT
City of Lancaster
NB 2
5/27/2025
TN
Date:May 27, 2025
To: Mayor Parris and City Council Members
From:Allison E. Burns, City Attorney
Subject:Urgency Ordinance No. _____ Amending Sections 2.56.070 and 2.56.090 of the Lancaster Municipal Code to Clarify that the City Manager is Vested with the Authority to Appoint and Layoff Employees, and to Abolish Positions of Employment Entirely, Among Other Things
Recommendation:

Introduce and Adopt Urgency Ordinance No. ______ amending Sections 2.56.070 and 2.56.090 of the Lancaster Municipal Code (“LMC”) relating to the City Manager’s authority to make employment decisions.

G.C. Section 84308: No
Fiscal Impact:

None
Background:

On June 4, 1979, the City Council adopted Ordinance No. 121, which added Sections 1-1.01 through 1-1.14 to the LMC adopting a personnel system for the City and vesting in “any appointing power” the authority to demote, dismiss, reduce the pay of, or suspend with or without pay any regular employees, and vesting in the City Council the authority to abolish any position of employment. Sections 1-1.01 through 1-1.14 were subsequently changed to Sections 7-1 through 7-10.

On March 1, 1982, the City Council adopted Ordinance No. 256, which repealed Ordinance No. 121 and amended Chapter 7 of the LMC vesting in “[t]he City Manager or any municipal officer” the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, and separately vesting in the City Council the authority to abolish any position of employment.

LMC Code Sections 2.56.070 and 2.56.090, as presently drafted, may be interpreted in a manner 2 0
5 0
inconsistent with the City Council’s longstanding intent and practice that the City Manager is vested with the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, as well as the authority to abolish any position of employment.

Ordinance No. ___ would change the language of Sections 2.56.070 and 2.56.090 to clarify its longstanding practice that the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, and to abolish positions or employment entirely, is vested in the City Manager.

For these reasons, staff is recommending adoption of an urgency ordinance, with findings regarding the immediate preservation of public peace, health, and safety in accordance with Government Code section 36937(b). Adoption of the urgency ordinance will require an affirmative four-fifths vote of the City Council. Upon adoption, the urgency ordinance takes effect immediately.

Attachment:

Ordinance No. ___.

NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
ORDINANCE NO. __________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LANCASTER, CALIFORNIA, AMENDING
SECTIONS 2.56.070 AND 2.56.090 OF THE LANCASTER

MUNICIPAL CODE CLARIFYING THAT THE CITY

MANAGER IS VESTED WITH THE AUTHORITY TO

APPOINT, REINSTATE, TRANSFER, PROMOTE, LAYOFF,

DEMOTE, REDUCE THE PAY OF, OR SUSPEND WITH OR

WITHOUT PAY ANY EMPLOYEES, AND TO ABOLISH

POSITIONS OR EMPLOYMENT ENTIRELY
WHEREAS, on June 4, 1979, the City Council (“City Council”) of the City of Lancaster (“City”) adopted Ordinance No. 121, which added Sections 1-1.01 through 1-1.14 to the Lancaster Municipal Code (“LMC”) adopting a personnel system for the City and vesting in “any appointing power” the authority to demote, dismiss, reduce the pay of, or suspend with or without pay any regular employees, and vesting in the City Council the authority to abolish any position or employment;
WHEREAS, Sections 1-1.01 through 1-1.14 were subsequently changed to Sections 7-1 through 7-10;
WHEREAS, on March 1, 1982, the City Council adopted Ordinance No. 256, which repealed Ordinance No. 121 and amended Chapter 7 vesting in “[t]he City Manager or any municipal officer” the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, and separately vesting in the City Council the authority to abolish any position or employment; WHEREAS, Code sections 2.56.070 and 2.56.090, as presently drafted, may be interpreted in a manner inconsistent with the City Council’s longstanding intent and practice that the City Manager is vested with the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, as well as the authority to abolish any position or employment;
WHEREAS, the City Council now desires to amend Sections 2.56.070 and 2.56.090 to clarify its longstanding intent and practice that the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, and to abolish positions or employment entirely, is vested in the City Manager.

WHEREAS, this Ordinance must take effect immediately as an urgency ordinance to preserve the public peace, health and safety and to conform to the City’s budget adoption and implementation.

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

Section 1. Section 2.56.070 of the Lancaster Municipal Code is hereby amended to read as follows:

NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
“2.56.070. – Authority to make appointments and
changes in employment status.

The city manager is vested the power to appoint, reinstate, transfer, promote, layoff, demote, reduce in pay, suspend with or without pay or discharge employees and shall retain such power, subject to the provisions of this chapter and other personnel rules.” Section 2. Section 2.56.090 of the Lancaster Municipal Code is hereby amended to read as follows:
“2.56.090. – Layoff.

Whenever in the judgment of the city manager it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city manager may abolish any position or employment and the employee holding such position or employment may be laid off without the right of appeal, subject to the provisions of this chapter and the personnel rules.” Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council 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 4.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 5.The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was introduced and adopted as an urgency measure pursuant to section 36937(b) of the California Government Code at a regular meeting of the City Council on the _____ day of __________, 2025 by the vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
NG-U9ZQVMF2/4827-0126-0697v1/022283-0548

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF ORDINANCE

CITY COUNCIL
I, __________________________, ____________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. , for which the original is on file in my office.

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

STAFF REPORT
City of Lancaster
NB 3
5/27/2025
TN
Date:May 27, 2025
To: Mayor Parris and City Council Members
From: Allison E. Burns, City Attorney
Subject:Introduce Ordinance Adding Chapter 8.80 to the Lancaster Municipal Code Establishing the Right to Try Investigational Therapies for All Persons Aged 70 or Older, Restricted to Licensed Medical Facilities Within the City Recommendation:

Introduce Ordinance No. ___ adding Chapter 8.80 to the Lancaster Municipal Code establishing the right to try investigational therapies for all persons aged 70 or older, restricted to licensed medical facilities within the city.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

California Health & Safety Code § 111548 et seq. provides for “qualified patients” to access investigational therapies after completion of Phase I trials. Individuals aged 70 or older facing conditions without satisfactory FDA-approved treatments should also have access to investigational therapies, subject to strict oversight. The proposed Ordinance would add Chapter

8.80 to the Lancaster Municipal Code establishing the right to try investigational therapies for all persons aged 70 or older, restricted to licensed medical facilities within the city.

Attachment:

Ordinance No. ____
NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, ADDING CHAPTER 8.80 TO

THE LANCASTER MUNICIPAL CODE ESTABLISHING THE

RIGHT TO TRY INVESTIGATIONAL THERAPIES FOR ALL
PERSONS AGED 70 OR OLDER, RESTRICTED TO

LICENSED MEDICAL FACILITIES WITHIN THE CITY
WHEREAS, the City of Lancaster is a charter city under Article XI, Section 5 of the California Constitution and may enact ordinances concerning its municipal affairs; WHEREAS, California Health & Safety Code § 111548 et seq. provides for “qualified patients” to access investigational therapies after completion of Phase I trials; WHEREAS, the City Council finds that individuals aged 70 or older facing conditions without satisfactory FDA-approved treatments should have access to investigational therapies, subject to strict oversight;
WHEREAS, the City Council finds that restricting administration to licensed medical facilities within Lancaster ensures appropriate oversight and patient safety; WHEREAS, this ordinance is intended to grant rights and immunities at least equivalent to those provided by state law and not to conflict with California Health & Safety Code § 111548 et seq.;

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

Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.

Section 2. Chapter 8.80 is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit “A” attached hereto.

Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council 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 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __________ day of NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
________________, 2025, and placed upon its second reading and adoption at a regular meeting of the City Council on the ____ day of ________________, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
NG-U9ZQVMF2/4827-0126-0697v1/022283-0548

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF ORDINANCE

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
____________________________________
(seal)
NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
EXHIBIT “A”
CHAPTER 8.80

AGE BASED RIGHT TO TRY ORDINANCE
Sections:

8.80.010 Title.

8.80.020 Definitions.

8.80.030 Eligibility and Enrollment.

8.80.040 Procedural Requirements.

8.80.050 Prohibition on Interference.

8.80.060 Immunity from Liability.

8.80.070 Preemption and Construction.

8.80.010 Title.

This chapter shall be known and may be cited as the “City of Lancaster Age Based Right to Try Ordinance.”

8.80.020 Definitions.

For purposes of this chapter, the following definitions apply:
“City.” The City of Lancaster, California.
“Eligible Individual.” An individual who meets at least one of the following criteria: (i) has a serious life-threatening illness, defined as a disease or condition that, without life- sustaining procedures, will result in death or permanent unconsciousness, as certified by a licensed physician, has considered all FDA-approved treatment options, is unable to participate in a clinical trial within 50 miles of their home, and has provided written Informed Consent; and (ii) is 70 years of age or older, has decision making capacity as certified by a licensed physician, has a condition for which FDA-approved treatments are deemed insufficient by a licensed physician, and has provided written Informed Consent.
“FDA” means the United States Food and Drug Administration. “Informed Consent” means written informed consent meeting the standards set forth in Health & Safety Code section 111548.1(h)(1).
“Investigational Therapy” means a drug, biological product, or device for which the sponsor has filed an Investigational New Drug (IND) or Investigational Device Exemption (IDE) application with the FDA and has completed a Phase I clinical trial approved by the FDA. “Licensed Medical Facility” means any hospital, clinic, or health care facility located within the City of Lancaster that holds a valid California license to administer prescription drugs or biological products.
“Physician” means a person licensed to practice medicine in the State of California and in good standing under California law.
“Manufacturer” means an entity that produces or prepares an Investigational Therapy.

NG-U9ZQVMF2/4827-0126-0697v1/022283-0548

8.80.030 Eligibility and Enrollment.

An Eligible Individual may enroll in an Investigational Therapy at a Licensed Medical Facility only if:

A. The individual is aged 70 or older.

B. A Physician certifies in writing that the individual has decision making capacity and voluntarily elects to pursue an Investigational Therapy.

C. The individual executes an informed consent document compliant with California Health & Safety Code § 111548 et seq.

D. All administration, monitoring, and follow up occur at a Licensed Medical Facility within the City of Lancaster.

8.80.040 Procedural Requirements.

A. Physician Responsibilities. The attending Physician must:

1. Obtain the Eligible Individual’s Informed Consent on a form that clearly explains known and potential risks, benefits, and alternatives; and

2. Provide a statement that the therapy is investigational and that its safety and efficacy are not yet fully established; and

3. Provide written certification of patient eligibility;

4. Ensure all treatment is conducted at a Licensed Medical Facility.

B. Manufacturer Responsibilities. The Manufacturer shall provide the attending Physician at the Licensed Medical Facility with:

1. Documentation of Phase I trial completion;

2. Known safety and risk information; and

3. A declaration of compliance with all applicable federal requirements.

C. Record Keeping. The Physician, Manufacturer, and Licensed Medical Facility shall each preserve all certifications, consents, and administration records for at least seven years and make them available for inspection by the City upon request.

8.80.050 Prohibition on Interference.

No official, employee, or agent of the City of Lancaster—shall prohibit, penalize, interfere with, or otherwise restrict an Eligible Individual’s access to an Investigational Therapy under this Chapter, provided all requirements of this Chapter are met.

8.80.060 Immunity from Liability.

This Chapter does not create a private cause of action, and actions taken pursuant to this Chapter shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use NG-U9ZQVMF2/4827-0126-0697v1/022283-0548
or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was willful misconduct or gross negligence.

8.80.070 Preemption and Construction.

A. To the extent any provision of this Chapter conflicts with California Health & Safety Code § 111548 et seq., the state statute shall prevail; this Chapter shall be construed to afford rights and immunities at least equal to those provided by state law.

B. Nothing herein is intended to expand or diminish any right conferred by state or federal law beyond what is expressly authorized by California Health & Safety Code § 111548 et seq.

Lancaster City CouncilMay 27, 2025

Lancaster City Council
May 27, 2025