1. CALL MEETING TO ORDER
Note: All City Council memberships are reflected in their City Council titles.
2. ROLL CALL
MAYOR BISHOP, MAYOR PRO TEM LOA, COUNCILMEMBERS OHLSEN,
BETTENCOURT, ALARC
Ó
N
3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4. PRESENTATION
4.1 AV EDGE Update.
PUBLIC COMMENT RULES
“(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure
CITY COUNCIL
SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
WEDNESDAY, JULY 10, 2024
5:00 PM
www.cityofpalmdaleca.gov
WELCOME
City Council
Wednesday, July 10, 2024
that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency.”
In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of two (2) minutes on the entirety of the Consent Calendar, Appointment(s), New Business and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.
5. PUBLIC COMMENTS
CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION: Now is the time for public participation on items listed on the Consent Calendar, Appointment(s), New Business, and Closed Session. Each speaker is allotted two (2) minutes in total for the entirety of the above sections.
6. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Consent Calendar and will be considered separately following this portion of the Agenda.
6.1 Waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).
6.2 Receive and file the monthly investment activity reports for May 2024.
SR Investment Report MAY 2024.docx
Rpt. City & Sucessor Monthly Investment Activity Report May 2024.pdf
6.3 Approve First Amendment with Tripepi Smith & Associates, Inc., for comprehensive media, telecommunications, social media, community outreach, and all related or essential communications services to increase the amount by $2,458,000, for a total not to exceed amount of $2,938,000 for a term of two years with the option to extend the agreement for two additional one-year terms, after the initial 365-day term.
SR Agrmt No. A-8626 First Amendment with Tripepi Smith.docx
Agrmt No. A-8626 First Amendment with Tripepi Smith.pdf City Council
Wednesday, July 10, 2024
Agrmt No. A-8626 with Tripepi Smith.pdf
Exhibit A Agrmt No. A-8626 Tripepi Smith Proposal.pdf
6.4 Approve Agreement No. A-8891 with the Los Angeles County Department of Animal Care and Control to provide general animal services for a term of five years.
SR Agrmt No. A-8891 with Los Angeles County Department of Animal Care and Control.docx
Agrmt No. A-8891 with the Los Angeles County Department of Animal Care and Control.pdf
Exh A Scope of Services.pdf
6.5 Approve Fourth Amendment to Agreement with RSG, Inc., for financial analysis services to increase the agreement by $60,000 for a not to exceed amount of $160,000 for the remainder of the term through 2026.
SR Agrmt No A-7196 Fourth Amendment with RSG.docx
Agrmt No. A-7196 Fourth Amendment with RSG, Inc.pdf
Agrmt No. A-7196 Third Amendment with RSG, Inc.pdf
Agrmt No. A-7196 Second Amendment with RSG, Inc.pdf
Agrmt No. A-7196 First Amendment with RSG, Inc.pdf
Agrmt No. A-7196 with RSG, Inc.pdf
6.6 Approve Consultant Agreement with Land Reports Company, Rick (Frederick) Jones, for Acting City Land Surveyor and plan check services in the amount of $200,000 for a term of one year.
SR Agrmt No. A-8895 with Land Reports Company.docx
Agrmt No. A-8895 with Land Reports Company.pdf
6.7 Notice of Completion - Accept public sewer improvements for Copart located at 42425 40th Street East.
SR NOC 20-09.docx
NOC 20-09.pdf
Exh A List of Completed Public Improvements 20-09.pdf
Exh B Site Map Location 20-09.pdf
Exh C Aerial Site Map 20-09.pdf
6.8 Notice of Completion - Accept public sewer and drainage improvements for Tract 73068 located at Palmdale Boulevard & Oak Street.
SR NOC 21-31.docx
NOC 21-31.pdf
Exh A List of Completed Public Improvements 21-31.pdf
Exh B Site Map Location 21-31.pdf
Exh C Aerial Site Map 21-31.pdf
6.9 Adopt Resolution No. CC 2024-061, a Resolution of the City Council of the City of Palmdale adopting the Joint Resolution of the Board of Supervisors of the County City Council
Wednesday, July 10, 2024
of Los Angeles, acting on behalf of the County and other entities, the Board of Directors of the Antelope Valley Cemetery District, the Board of Trustees of the Antelope Valley Mosquito and Vector Control District, the Board of Directors of County Sanitation District No. 20 of Los Angeles County, the Board of Directors of the Antelope Valley Resource Conservation District, the City of Palmdale, and the Board of Directors of the Antelope Valley-East Kern Water Agency approving and accepting negotiated exchange of property tax revenues resulting from Annexation 40-157 (34-46), Local Agency Formation Commission Designation 2023-01, to the Los Angeles County Waterworks District No. 40, Antelope Valley.
SR Reso. No. CC 2024-061.docx
Reso. No. CC 2024-061.docx
Atch 1 LA County Waterworks Transmittal Letter, Annex 40-157.pdf
LA County Joint Reso. for Annexation No. 40-157.pdf
Tax Sharing Worksheet.pdf
Annexation Map No. 2023-01.pdf
6.10 Approve the minutes from the previous meeting.
Minutes 06 26 2024.pdf
7. PUBLIC HEARING
7.1 Adopt Resolution No. CC 2024-034, a Resolution of the City Council of the City of Palmdale approving the Engineer's Report and the continuation of the levy and collection of assessments for Fiscal Year 2024-2025 for the City of Palmdale Drainage Benefit Assessment District No. 1 and No. 2006-02.
SR Reso. No. CC 2024-034.docx
Reso. No. CC 2024-034.docx
Rpt. Fiscal Year 2024-25 Engineer's Report; Drainage Benefit Assessment Districts.pdf
7.2 Adopt Resolution No. CC 2024-037, a Resolution of the City Council of the City of Palmdale approving the Engineer's Report and the continuation of the levy and collection of assessments for Fiscal Year 2024-2025 for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement Districts, and Streetlight Maintenance Assessment Districts and Annexations.
SR Reso. No. CC 2024-037.docx
Reso. No. CC 2024-037.docx
Rpt. Fiscal Year 2024-25 Combined Engineer's Report; Landscape Maintenance Assessment Districts and Annexations.pdf
Rpt. Fiscal Year 2024-25 Engineer's Report; Park Maintenance and Recreation Improvement District.pdf
Rpt. Fiscal Year 2024-25 Engineer's Report; Streetlight Maintenance Assessment District and Annexations.pdf
City Council
Wednesday, July 10, 2024
7.3 Adopt Resolution No. CC 2024-038, a Resolution of the City Council of the City of Palmdale updating the Sewer Collection Service Charge for the operation and maintenance of the Palmdale sewer collection system for Fiscal Year 2024-2025.
SR Reso. No. CC 2024-038.docx
Reso. No. CC 2024-038.docx
Rpt. Fiscal Year 2024-25 Sewer Fee Report for Sewer Collection Service Charge.pdf
8. APPOINTMENTS
8.1 Approve Planning Commission Reappointments for Districts 1, 3, and 4.
SR PC Reappointments.docx
8.2 Approve Appointment to The Palmdale Aerospace Academy Board of Directors.
SR TPAA Appointment.docx
9. NEW BUSINESS
9.1 Adopt Resolution No. CC 2024-065, A Resolution of the City Council of the City of Palmdale approving the Parks and Recreation Master Plan.
SR Parks And Recreation Master Plan.docx
Reso. No. CC 2024-065.docx
Exh A Parks and Recreation Master Plan.pdf
PPT Parks and Recreation Master Plan Presentation.pptx
9.2 Adopt Resolution No. CC 2024-070, a Resolution of the City Council of the City of Palmdale ordering that an Ordinance be submitted to the voters at the General Municipal Election to be held on November 5, 2024, approving enacting an amendment to the City's Transactions and Use Tax, directing the City Attorney to prepare an Impartial Analysis of the Measure, setting priorities for filing a Written Argument relating to the Ballot Measure, and providing for Rebuttal Arguments relating to the Ballot Measure.
SR Reso. No. CC 2024-070.docx
Reso. No. CC 2024-070.docx
Atch 1 Reso. No. CC 2024-070.docx
10. CITY MANAGER’S REPORT
11. SHERIFF'S REPORT
12. COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
12.1 Council reports, announcements, and requests for future agenda items.
Monthly Informational Report 071024 Bishop.docx
City Council
Wednesday, July 10, 2024
Monthly Informational Report 071024 Loa.docx
Montly Informational Report 071024 Bettencourt.docx
Monthly Informational Report 071024 Ohlsen.docx
13. NON-AGENDA PUBLIC COMMENTS
:
Now is the time for public participation on items not listed on the agenda. Each speaker is allotted two (2) minutes total.
14. ADJOURN
meeting to July 17, 2024, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.
If you require oral translation, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.
City Council
Wednesday, July 10, 2024
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR MAY 2024
RECOMMENDATION
Staff recommends that the City Council receive and file the monthly investment activity reports for the City of Palmdale and Successor Agency for May 2024.
BACKGROUND
Pursuant to Section 16 of the City and Successor Agency Investment Policy, the City Treasurer shall prepare and present monthly and quarterly reports on investments to the City Manager/Executive Director and the City Council/Directors. The reports shall detail the type of investment, issuer’s name, purchase date, maturity date, amount of deposit, and interest rate. This information shall be provided for all City and Successor Agency pooled investments and for Certificates of Participation, Revenue Bonds, Tax Allocation Bonds, Assessment Districts, and Community Facilities District accounts managed by outside Fiscal Agents.
The monthly investment reports provide a synopsis of the City and Successor Agency's investment activity. They provide information on assets, allocations, average maturities, yields, and book valuations. The interest rates presented are the most current rates available as of the date of this report.
The market values presented for poole d City and Successor Agency investments are based on closing prices for the related investment as of the date of this report. This information was obtained from the Wall Street Journal, Bloomberg Financial Markets, Capital Market Finances, or other reliable sources of market prices.
Report to Mayor and City Council
Re: Monthly Investment Reports
July 10, 2024
DISCUSSION
Compliance with Investment Policy
For May, the City’s invested portfolio totaled $339,156,874, an increase of $4,608,813 from the previous month and an increase of $33,745,526 compared to last year. The monthly increase resulted from a new investment purchase made during the month and from interest earned from the California Asset Management Program (CAMP) and UBS Financial Services.
The par value of Successor Agency’s portfolio as of May was $9,192,523. The balance decreased by $2,646 from last month due to operational payments made during the month.
All investments meet criteria appropriate to Section 8 of the Investment Policy. The portfolios are based on a combination of various investments, including CDs, Corporate Notes, US Treasury Securities, and Government Agency Paper, each adhering to portfolio percentage limitations.
The Finance Division is the custodian for the City and Successor Agency’s investment portfolio and follows the three main principles of both entities’ investment policies: 1) Investment in financial instruments that mitigate the risk of monetary losses stemming from market fluctuations; 2) Establish and maintain a portfolio that has sufficient liquidity to allow the City and Successor Agency to meet all anticipated cash requirements; and, 3) Seek out investment instruments that provide a competitive market rate of return.
Liquidity
One core approach the Finance Division focuses on is providing liquidity to meet the City and Successor Agency’s operational requirements. Thus, the Finance Division invests in two pooled funds, LAIF and CAMP. These are intended for daily operational activities and can be used during economic uncertainties for ongoing maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.
The City's LAIF balance at the end of May was $122,620,641, an increase of $1,270,999 from the prior month due to transferred funds into LAIF.
The Successor Agency’s LAIF balance at the end of May was $8,150,476, with no changes from the prior month.
The City’s CAMP balance at the end of May was $40,788,079, compared to $40,601,253 in April. The increase is due to interest earned during the month.
Report to Mayor and City Council
Re: Monthly Investment Reports
July 10, 2024
The interest rates presented are the most current rates available as of the date of this report. As of May 31, 2024, the interest rates for LAIF and CAMP investments were at
4.332 percent and 5.43 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of April were 4.272 percent and 5.44 percent. This time last year, LAIF and CAMP rates were at 2.993 percent and 5.16, respectively.
The chart above shows the LAIF and CAMP average monthly yields from August 2023 through May 2024. The difference between the two funds’ performance is primarily due to their varying pool characteristics. CAMP’s portfolio composition is more prone to market volatility, resulting in performance variations.
Diversity
The Finance Division aims to diversify the investment portfolios to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
The City and Successor Agency’s investment portfolios remain strongly diversified. The monthly report includes all investments held by both entities and current book values as of May 31, 2024.
The City and Successor Agency are expected to have sufficient funds to meet its expenditure requirements for the next six months. The Finance Division will continue to monitor current economic conditions and the impact on interest rates.
Attached are summaries of the investments in the City and Successor Agency’s books as of May 31, 2024.
3.43% 3.53% 3.67%
3.84% 3.93% 4.01% 4.12% 4.23% 4.27% 4.33%
5.52% 5.55% 5.56% 5.58% 5.55% 5.54% 5.50% 5.48% 5.44% 5.43%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Aug Q1 Sep Oct Nov Q2 Dec Jan Feb Q3 Mar Apr May
Pooled Investments Monthly Yields
LAIF CAMP
Report to Mayor and City Council
Re: Monthly Investment Reports
July 10, 2024
FISCAL IMPACT
There is no fiscal impact associated with the recommended actions for this report.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Gohar Avetisyan, Senior Financial Analyst
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Rpt. Monthly Investment Reports May 2024
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
U.S. TREASURY SECURITIES Yield
03-19-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 2,856,570.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,843,100.00 05-11-21 12-31-24 CITY 9128283P3 U.S. Treasury Note 0.40 3,000,000.00 3,200,040.56 2,872,020.00 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,760,950.00 12-17-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note 0.85 10,000,000.00 10,045,505.25 9,410,200.00 12-22-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note 0.88 5,000,000.00 5,018,208.38 4,705,100.00 12-20-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note 1.00 5,000,000.00 5,017,187.50 4,705,078.10 03-08-23 03-31-26 CITY 9128286L9 U.S. Treasury Note 2.25 3,200,000.00 3,029,330.80 3,010,496.00 01-03-24 12-31-26 CITY 912828YX2 U.S. Treasury Note 0.04 5,000,000.00 4,696,880.23 4,696,880.23 01-03-24 06-30-27 CITY 91282CEW7 U.S. Treasury Note 0.04 5,000,000.00 4,897,630.28 4,897,630.28 01-03-24 09-30-27 CITY 91282CFM8 U.S. Treasury Note 0.04 2,500,000.00 2,523,771.66 2,523,771.66 01-08-24 02-15-26 CITY 91282CGL9 U.S. Treasury Note 0.04 5,000,000.00 4,987,205.23 4,987,205.23 01-08-24 06-15-26 CITY 91282CHH7 U.S. Treasury Note 0.04 5,000,000.00 5,001,760.94 5,001,760.94 TOTAL U.S. TREASURY SECURITIES 59,700,000.00$ 60,391,445.04$ 57,270,762.44$
GOVERNMENT AGENCY PAPER
06-10-20 06-16-25 CITY 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 4,604,401.25 08-27-20 11-27-24 CITY 3134GWNG7 Freddie Mac 0.50 2,000,000.00 2,000,000.00 1,867,580.54 04-01-21 04-01-25 CITY 3133EMUP5 Federal Farm Credit 0.71 5,000,000.00 5,000,000.00 4,629,334.75 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.59 1,000,000.00 1,103,275.25 963,220.00 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.57 2,000,000.00 2,208,460.00 1,926,440.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,718,300.00 06-04-21 08-01-24 CITY 3130AMHH8 Federal Home Loan Note0.41 4,000,000.00 4,000,000.00 3,784,890.08 06-07-21 06-07-24 CITY 3130AMQR6 Federal Home Loan Note0.35 3,000,000.00 3,000,000.00 2,857,869.93 06-30-21 12-30-25 CITY 3130AMRQ7 Federal Home Loan Note0.88 3,000,000.00 3,000,000.00 2,724,400.26 07-29-21 04-29-26 CITY 3130AN5C0 Federal Home Loan Note1.05 4,000,000.00 4,010,455.13 3,606,160.00 12-17-21 11-12-25 CITY 3134GXBM5 Federal Home Loan Note1.15 1,150,000.00 1,125,785.50 1,036,575.50 12-17-21 12-30-24 CITY 3130AQDY6 Federal Home Loan Note1.00 6,750,000.00 6,750,000.00 6,327,843.39 12-17-21 06-23-25 CITY 3133ENHW3 Federal Farm Credit 1.17 10,000,000.00 10,000,000.00 9,275,883.70 12-20-21 07-30-25 CITY 3136G4ZP1 Fannie Mae 0.65 3,500,000.00 3,444,175.00 3,203,308.12 12-20-21 09-24-25 CITY 3134GWUG9 Freddie Mac 0.57 10,000,000.00 9,806,600.00 9,088,861.70 12-21-21 12-22-26 CITY 3133ENJC5 Federal Farm Credit 1.29 5,000,000.00 5,000,000.00 4,487,676.35 01-14-22 01-14-25 CITY 3130AQEA7 Federal Home Loan Note1.05 7,000,000.00 7,000,000.00 6,561,152.22 06-29-22 08-12-25 CITY 3133EL3P7 Federal Farm Credit 3.34 1,810,000.00 1,660,349.20 1,650,002.84 06-29-22 03-28-25 CITY 3130A5DH9 Federal Home Loan Note3.34 1,950,000.00 1,937,715.00 1,873,133.09 06-24-22 02-26-27 CITY 3130AL5A8 Federal Home Loan Note3.33 5,000,000.00 4,479,000.00 4,355,784.25 08-17-22 10-27-26 CITY 3134GW4C7 Freddie Mac 0.80 5,000,000.00 4,539,500.00 4,429,309.65 01-06-23 02-25-27 CITY 3130AQRH8 Federal Home Loan Note4.38 5,000,000.00 4,590,638.89 4,571,978.55 01-06-23 04-19-27 CITY 3130ARHJ3 Federal Home Loan Note4.38 5,000,000.00 4,801,354.86 4,742,725.40 05-18-23 05-18-27 CITY 3133EPKC8 Federal Farm Credit 5.39 5,000,000.00 5,000,000.00 4,949,700.35 06-05-23 05-30-28 CITY 3133EPLE3 Federal Farm Credit 4.67 2,815,000.00 2,822,746.50 2,753,942.65 09-21-23 09-21-26 CITY 3130AXAP3 Federal Home Loan Note5.75 4,750,000.00 4,746,437.50 4,747,196.18 05-03-24 05-01-28 CITY 3133ERCX7 Federal Farm Credit 5.17 5,000,000.00 5,000,000.00 5,000,000.00 TOTAL GOVERNMENT AGENCY PAPER 116,725,000.00$ 115,020,168.08$ 108,737,670.75$
CITY OF PALMDALE INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
CERTIFICATES OF DEPOSIT
01-04-24 06-15-26 CITY 05580A4Y7 BMW Bank of NA NA 4.03 240,000.00 243,434.40 243,434.40 01-04-24 11-30-27 CITY 46656MVH1 JPMorgan Chase Bank DE US RT4.76 240,000.00 242,022.91 242,022.91 01-04-24 12-28-28 CITY 09582YAV4 Blue Ridge Bank NA VA US RT4.09 240,000.00 240,948.00 240,948.00 TOTAL CERTIFICATES OF DEPOSIT 720,000.00$ 726,405.31$ 726,405.31$
CORPORATE NOTES
05-17-23 03-01-26 CITY 30231GAT9 Exxon Mobile Corporation3.04 1,000,000.00 982,084.11 955,987.20 05-17-23 03-02-26 CITY 194162AQ6 Colgate-Palmolive CO GlobalL4.80 1,000,000.00 1,035,553.33 1,003,302.97 05-17-23 01-26-26 CITY 742718FY0 Procter & Gamble CO/The Global4.10 1,000,000.00 1,018,471.67 987,613.50 01-04-24 07-27-26 CITY 61761J3R8 Morgan Stanley 4.70 500,000.00 481,185.25 481,185.25 01-04-24 06-15-26 CITY 46625HRS1 JPMorgan Chase & CO4.52 500,000.00 484,840.25 484,840.25 01-04-24 03-02-28 CITY 718172CE7 Philip Morris Intl Inc 4.49 500,000.00 474,395.25 474,395.25 01-04-24 04-01-27 CITY 808513BW4 Charles Schaw Corp 4.68 500,000.00 479,390.25 479,390.25 01-09-24 06-02-26 CITY 11271LAA0 Brookfield Fin Inc 5.13 500,000.00 490,115.25 490,115.25 01-09-24 11-28-28 CITY 05565QDH8 BP Capital Markets PLC4.48 500,000.00 483,460.25 483,460.25 01-09-24 01-28-26 CITY 06406RAQ0 Bank OF NY Mellon Corp4.52 500,000.00 463,355.25 463,355.25 01-09-24 07-09-27 CITY 22550L2K6 Crdit Suisse New York 4.92 500,000.00 500,910.25 500,910.25 01-09-24 08-15-28 CITY 797440CE2 San Diego G & E 4.49 500,000.00 509,340.25 509,340.25 01-09-24 07-01-27 CITY 75973QAA5 Reneissance Financial5.01 500,000.00 475,470.25 475,470.25 01-09-24 01-27-26 CITY 780082AD5 Royal Bank of Canada 4.97 500,000.00 496,930.25 496,930.25 TOTAL CORPORATE BONDS $8,500,000 $8,375,502 8,286,296.42$
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY 98-19-620 0.78 64,822,736.10 64,822,736.10 64,822,736.10 06/23/08 n/a PCA 40-19-060 0.78 40,813,243.36 40,813,243.36 40,813,243.36 n/a ARPA 19-19-004 0.78 16,984,661.37 16,984,661.37 16,984,661.37 TOTAL LAIF ACCOUNTS 122,620,640.83$ 122,620,640.83$ 122,620,640.83$
CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY 6080-01 0.30 40,788,078.83 40,788,078.83 40,788,078.83 TOTAL CAMP ACCOUNTS 40,788,078.83$ 40,788,078.83$ 40,788,078.83$
UBS FINANCIAL SERVICES
n/a n/a CITY 0.00 727,019.18 727,019.18 727,019.18
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 727,019.18$ 727,019.18$ 727,019.18$ TOTAL CITY INVESTMENTS 349,780,738.84$ 348,649,259.13$ 339,156,873.76$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRARY 16-19-012 0.78 13,163.47
TOTAL LIBRARY INVESTMENTS 13,163.47$
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 115.02
05-10-95 n/a IMPROVEMENT 95421222 0.10 167,170.34
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 167,285.36$
BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 0.00
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,782,543.72
04-06-95 n/a BOND 95420887 0.15 0.15
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,782,543.87$
BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 1.39
08-01-19 n/a RESERVE 242969003 0.00 1,447,045.05
08-01-19 n/a SP TAX - REFNDING BOND 242969004 0.01 15,150.83 TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 1,462,197.27$
BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 16,104.69
n/a RESERVE FUND 251009001 0.01 646,644.38
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021662,749.07$
LIBRARY INVESTMENTS
FISCAL AGENT CASH
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
BOND PROCEEDS
2006-1 Godde Hill Estate Sewer Improvements LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 45,190.21
11-08-06 n/a ADM EXP 106844002 0.01 1,720.20
11-08-06 n/a RESERVE FUND 106844003 0.01 92,112.70
TOTAL 2006-1 Godde Hill Estate Sewer Improvements LOIB 139,023.11$ 2013 HA PALMDALE TRANSIT VILLAGE HOMES LLC ESCROW
Fiscal Agent: U.S. Bank National Association (fka First Trust) 10-11-13 n/a ESCROW FUND 206455000 0.00 2,979,512.25
TOTAL 2013 HA TRANSIT VILLAGE HOMES ESCROW 2,979,512.65$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 40,161.59 TOTAL 2015 HA DEBT SERVICE RESERVE 40,161.59$
PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 9,420,393.44 TOTAL PARS PENSION TRUST FUND 9,420,393.44$
BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 193,828.13
09-03-15 n/a INTEREST ACCT 277067001 0.01 7.06
09-03-15 n/a BOND RESERVE 277067003 0.00 281,022.00
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,296,742.53 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,771,599.72$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 0.31
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 0.31$
BOND PROCEEDS
2023 A&B SERIES B ACQUISITION & CONSTRUCTION REVENUE BOND Fiscal Agent: U.S. Bank National Association (fka First Trust) 248041000 6.31
11-30-23 n/a INTEREST 248041001 2,603,233.11
11-30-23 n/a REVENUE FUND 248041004 19,445,278.23
11-30-23 n/a INTEREST 248041007 459,213.34
11-30-23 n/a REVENUE FUND 248041008 13,700,287.16
TOTAL 2023 A&B SERIES B ACQUISITION & CONSTRUCTION REV BOND 36,208,018.15$ GRAND TOTAL - FISCAL AGENT CASH 54,970,735.47$
Cash on Hand 10,750,936$
Pooled Cash Investments
City: 336,768,232$
Insur Fund: $2,388,641 339,156,873$
Library Investments $13,163
Subtotal 349,920,972$
City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 54,970,735$
Grand total 404,891,707$
The interest rate quoted on LAIF, AIM, and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF & AIM interest rates are as of May 31, 2024.
SUMMARY OF CASH AND INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
CITY OF PALMDALE
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF), CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP), & UBS FINANCIAL SERVICES May 31, 2024
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - CITY ACCOUNT 98-19-620
Beginning Balance 54,822,736.10$
05-21-24 10,000,000.00$
Subtotal 10,000,000.00$ -$ -$ 64,822,736.10$ LAIF - PCA ACCOUNT 40-19-060
Beginning Balance 42,813,243.36$
05-15-24 (2,000,000.00)$
Subtotal -$ (2,000,000.00)$ -$ 40,813,243.36$ LAIF - LIBRARY ACCOUNT 16-19-012
Beginning Balance 13,163.47$
Subtotal -$ -$ -$ 13,163.47$ LAIF - ARPA ACCOUNT 19-19-004
Beginning Balance 23,713,661.37$
05-21-24 (6,729,000.00)$
Subtotal -$ (6,729,000.00)$ -$ 16,984,661.37$ CAMP
Beginning Balance 40,601,252.87$
05-31-24 186,825.96 $
Subtotal -$ -$ 186,825.96$ 40,788,078.83$ UBS Financial Services
Beginning Balance 661,224.39$
05-31-24 92,068.73$
05-31-24 (26,273.94)$
Subtotal -$ (26,273.94)$ 92,068.73$ 727,019.18$ Total 10,000,000.00$ (8,755,273.94)$ 278,894.69$ 164,148,902.31$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
TN= US Treasury C = Call
FP= Federal Paper M= Maturity
CD= Certificate of Deposit CB= Corporate Bond
FACE
PURCHASE MATURITY VALUE INTEREST NET INVESTED GAIN/
ISSUER DATE DATE REDEEMED RECEIVED FUNDS AMOUNT (LOSS)
3133EL2X1 Federal Farm Credit 08-07-20 05-06-24 FPFederal Paper 2,000,000.00$ M 4,200.00$ 2,004,200.00$ 1,914,808.08 85,191.92 2,000,000.00$ 4,200.00$ 2,004,200.00$ 1,914,808.08$ $85,191.92 Total Number of Transactions: 1
CITY OF PALMDALE
POOLED CASH - INVESTMENTS MATURED OR CALLED
May 31, 2024
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2024
TN = US Treasury
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes ACCRUED
PURCHASE MATURITY FACE PREMIUM / PURCHASE INTEREST NET Yield
ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE 3133ERCX7 Federal Farm Credit Bank 05-03-24 05-01-28 5,000,000.00$ - 5,000,000.00$ 4,308.33$ 5,004,308.33$ 5.17% 5,000,000.00$ -$ 5,000,000.00$ 4,308.33$ 5,004,308.33$ Total Number of Transactions: 1
POOLED CASH - INVESTMENTS PURCHASED
May 31, 2024
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
May 31, 2024
POOLED CASH - STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF)
PURCHASE MATURITY ACCOUNT/ INTEREST INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL
LAIF - SA ACCOUNT 65-19-035
09-01-84 n/a SA Account 65-19-035 0.78 8,150,476.51
8,150,476.51$
FISCAL AGENT CASH
BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a Reserve Fund 94460700 2.54 536,417.54
08-20-02 n/a Interest Acct 94460701 0.04 18,184.49
08-20-02 n/a Principal Acct 94460702 0.04 130.17
TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 554,732.20$
BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a Debt Service 245113000 0.00 1.41
04-26-16 n/a Interest Acc 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 1.41$ GRAND TOTAL - FISCAL AGENT CASH $554,734
SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 487,312$ 489,749.24$
($2,438)
Pooled Cash Investments 8,150,477$ $0
487,311.74$
Successor Agency Fiscal Agent Cash 554,734$ *
Grand total 9,192,523$
* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF interest rates are as of May 31, 2024.
S:\Cash and Investment\Investment\Investment Reports\23-24\11 May 2024\[11 MAY 2024 Successor Investment Report.xls]MAY 2024 Monthly
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
POOLED CASH - STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF) May 31, 2024
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - SA ACCOUNT 65-19-035
Beginning Balance 8,150,476.51$
Subtotal -$ -$ -$ 8,150,476.51$ City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT
COMMUNICATIONS DIVISION
DISTRICT: ALL
SUBJECT: APPROVE FIRST AMENDMENT TO AGREEMENT WITH TRIPEPI SMITH & ASSOCIATES, INC. , FOR COMPREHENSIVE MEDIA,
TELECOMMUNICATIONS, SOCIAL MEDIA, COMMUNITY OUTREACH,
AND ALL RELATED OR ESSENTIAL COMMUNICATION SERVICES
TO INCREASE THE AMOUNT BY $ 2,458,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,938,000 FOR A TERM OF TWO YEARS WITH
THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR
TERMS, AFTER THE INITIAL 365-DAY TERM
RECOMMENDATION
Staff recommends that the City Council:
1. Approve First Amendment to Agreement No. A -8626 with Tripepi Smith & Associates, Inc. (Tripepi Smith) for comprehensive media, telecommunications, social media, community outreach, and all related or essential communication services to increase the amount by $2,458,000 for a total not to exceed amount of $2,938,000 for a term of two years with the option to extend for two additional one- year terms, after the initial 365-day term; and,
2. Authorize the City Manager or her designee to execute the First Amendment to Agreement No. A-8626 with Tripepi Smith & Associates, Inc., including minimal and/or non-substantial changes.
BACKGROUND
On November 1 6, 2023, the City Council approved contracting Tripepi Smith for comprehensive media, communication, and public outreach services deemed necessary for municipal communications. Based on their performance, staff is requesting additional funding and extending the terms of the agreement to continue utilizing Tripepi Smith’s competent and competitive services.
Report to Mayor and City Council
Re: Approve Agreement No. A-8626 First Amendment with Tripepi Smith July 10, 2024
The City of Palmdale, a chartered city, has full authority to conduct business and governance municipal affairs to benefit the City and its residents. Sections 100, 101, 102, and 302 of the City Charter, as supported by Palmdale Municipal Code Section 3.08.140, including but not limited to section 3.08.140(A) and California Government Code Sections 4529.10 and 53060, expressly empower the City Council to hire professional and special services, as determined exclusively by the City executives, including the Director of Finance as incorporated into the Director of Operations, based on demonstrated skills experience and abilities absent any solicitation or request for proposals.
DISCUSSION
Tripepi Smith has over 20 years of specialized experience working with over 100 municipalities and over 200 local governments across California. This focused expertise in municipal government is uniquely valuable and provides City staff with a team of experts available to support the City’s communication needs and priorities.
With its multifaceted communications capabilities and local government expertise, Tripepi Smith has been instrumental in increasing output, enhancing digital presence, expanding communications, and reinvigorating community engagement efforts. By continuing this partnership, the City can deliver a high volume of effective communications that improves public engagement without straining internal staff or hindering ongoing strategic priorities.
Since November 2023, Tripepi Smith has:
Hosted strategic meetings with all directors to execute marketing and communications for all departments.
Produced 165+ writing projects (including press releases, talking points, scripts, newsletters and more), 3,350+ social media posts on all accounts (includes main City, Parks and Recreation, Amphitheater, Playhouse, and DryTown platforms), 30+ videos, 50+ digital newsletters (includes bi-weekly City eNews, event e-blasts, Parks and Recreation monthly newsletter, DryTown, Summer Concert Series) and 250+ unique digital and print graphic designs.
Provided photo, video, and social media event coverage for 30+ City or City-hosted events.
Produced and broadcasted live at all City Council and Planning Commission meetings.
Improved social media audience growth across all platforms, focusing on relevant and timely content for residents.
Managed the content and design production of the quarterly Palmdale Magazine. Refreshed the City website to increase user interface and accessibility and updated content across the website to ensure accuracy.
Supported major community outreach events with full marketing campaigns such as the Summer Concert Series, feasibility surveys, city events, aquatics, public safety, and more.
Report to Mayor and City Council
Re: Approve Agreement No. A-8626 First Amendment with Tripepi Smith July 10, 2024
Provided executive-level strategic crisis communications and media support.
FISCAL IMPACT
$2,458,000; $58,000 will fund the remaining cost for Fiscal Year 2023/2024; and $1,200,000 is the anticipated annual cost for Fiscal Year 2024/2025. Funds are available in account 10117001-721960. Please note that the amount mentioned is not guaranteed.
Fees will be paid only for the services rendered. Funds for subsequent years will be requested through the annual budget process.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
C.Use a variety of methods to communicate timely, useful, and trusted information about city programs, services and policies.
Prepared by: Andrea Navarrette, Community Compliance
Coordinator
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt No. A-8626 First Amendment with Tripepi Smith
Agrmt No. A-8626 with Tripepi Smith
Exh A Agrmt No. A-8626 Tripepi Smith Proposal
1st AMENDMENT TO AGREEMENT A-8626
BETWEEN THE CITY OF PALMDALE AND TRIPEPI SMITH & ASSOCIATES, INC.
This 1ST Amendment to Agreement No. A-8626 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and TRIPEPI SMITH & ASSOCIATES, INC. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on 12/18/2023 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:
Refer to Exhibit A, Item 1 attached.
WHEREAS, the parties desire to amend the Original Agreement to:
Change the terms of the agreement and increase the not to exceed the amount of the Agreement to continue services.
NOW THEREFORE, the parties agree as follows:
The title identified as "Section 4 Commencement and Completion of Work" is amended to "Section 4 Contract Term" and shall now read:
The term of this contract is TWO (2) YEARS, with CITY reserving the option to extend the agreement for TWO (2) additional terms of one year each, commencing on the first day after the initial 365-day term.
The compensation identified in Section 9 is amended to increase the total price of the Agreement by TWO MILLION FOUR HUNDRED FIFTY-EIGHT THOUSAND dollars ($2,458,000), not to exceed the amount of TWO MILLION NINE HUNDRED THIRTY- EIGHT THOUSAND dollars ($2,938,000) and the added language of:
"CONTRACTOR will use its "Retainer Rates" noted in the November 2023 proposal (included as Exhibit A, Attachment 1 to the original agreement A-8626) for all billable hours with the CITY starting July 1, 2024. CITY commits to spend at least $7,000 a month on services with Tripepi Smith in exchange for access to Retainer Rates starting July 1, 2024. All other terms related to ad hoc compensation remain in effect."
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
1-2Concord - Document ID: generated after first signature
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
TRIPEPI SMITH & ASSOCIATES, INC.:
Ronda Perez
City Manager
Ryder Todd Smith
President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway, Suite A
Palmdale, CA 93550
ADDRESS FOR NOTICE:
TRIPEPI SMITH & ASSOCIATES, INC.
PO Box 52152
Irvine, CA 92619
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
2-2Concord - Document ID: generated after first signature AGREEMENT NO. A-8626
CONTRACT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF PALMDALE AND TRIPEPI, SMITH AND ASSOCIATES, INC.
THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and TRIPEPI, SMITH AND ASSOCIATES, INC. (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, City desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.
NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK
1.1 The City hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:
Refer to Exhibit A, Item 1 attached.
CONSULTANT shall perform and complete all such work and services in a manner satisfactory to CITY.
1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.
1.3 CONSULTANT shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
1.4 CITY shall provide to CONSULTANT, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 CITY PROJECT MANAGER
1-13Concord - Document ID: ODk0OGUwNGMtYW
To provide the services required by this Contract, CONSULTANT shall act under the authority and approval of a Project Manager appointed by CITY. The City Project Manager will oversee the work under this Contract, assist CONSULTANT with any necessary information, audit billings, and approve payments. CONSULTANT shall channel reports, deliverables and special requests through the City Project Manager. 3 CONSULTANT’S KEY PERSONNEL
CONSULTANT’s Team and Key Personnel are as follows:
Ryder Todd Smith, President
Kevin Bostwick, Creative Director
Melanie James, Account Manager
This Consultant Services Contract has been awarded to CONSULTANT based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed herein. CONSULTANT shall not deviate nor substitute any of these team members without prior written approval by CITY. 4 COMMENCEMENT AND COMPLETION OF WORK
The execution of this Contract by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when CITY, acting by and through its Project Manager, has issued an Authorization to Proceed. CONSULTANT shall complete all the work described in Section 1 and submit final deliverables within Three Hundred and Sixty-Five (365) Calendar days following CONSULTANT’s receipt of Authorization to Proceed. CONSULTANT shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
5 TAXES
5.1 CONSULTANT shall pay all sales, consumer, use, and other similar taxes required to be paid by CONSULTANT in accordance with state and local laws.
5.2 CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of CITY. No person employed by CONSULTANT or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
5.3 CONSULTANT shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 PATENT FEES AND ROYALTIES
CONSULTANT shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any 2-13Concord - Document ID: ODk0OGUwNGMtYW
invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. CONSULTANT shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY-furnished information.
8 CONSULTANT’S PERSONNEL
8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
8.2 CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
8.3 CONSULTANT shall be responsible for payment of all CONSULTANT’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
8.4 CONSULTANT shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONSULTANT’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
9 COMPENSATION
3-13Concord - Document ID: ODk0OGUwNGMtYW
9.1 For all of work and services including the various phases of tasks as described in Section 1, CITY shall pay to CONSULTANT an amount not to exceed the sum of Four Hundred and Eighty Thousand dollars ($480000), payable as follows:
Refer to Exhibit A, Item 1 attached.
The Contract Price is CONSULTANT’S estimate of its charges for all the services, including all labor, equipment, material, subcontractor, and reimbursable costs, to be provided under this Agreement. Progress payments shall be made on a time and material basis. Final payment shall be made upon completion of all services and City acceptance of all deliverables, not-to-exceed the Contract Price.
9.2 CONSULTANT shall perform no work in excess of the total contract price without prior written approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear, if so required, before City Council or any other board or commission of CITY.
9.3 CONSULTANT shall maintain adequate records and shall permit inspection and audit by CITY of CONSULTANT’s charges under this Contract. CONSULTANT shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONSULTANT for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONSULTANT shall retain its records for the time required by such laws.
9.4 No payment made hereunder by CITY to CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this Contract. 10 INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT and any contractors or subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONSULTANT, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONSULTANT and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or 4-13Concord - Document ID: ODk0OGUwNGMtYW
liability. CONSULTANT shall ensure that the contract of any contractor or subcontractor working under this agreement contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONSULTANT shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
11 INSURANCE
11.1 CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 11.8, must be reviewed and accepted by the City Attorney.
11.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation—coverage as required by the State of California Employer’s Liability:
$1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
11.1.2 Professional Liability (Errors & Omissions) Insurance* $2,000,000 limit on a per occurrence basis
11.1.3 Commercial General Liability
$1,000,000.00 limit on a per occurrence basis
$2,000,000.00 general aggregate limit
11.1.4 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned (if applicable), non- owned and hired automobile coverage
11.1.5 Cyber Liability*
$2,000,000.00 limit on a per occurrence basis
$3,000,000.00 general aggregate limit
11.2 All of CONSULTANT’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty- (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
11.3 Policies providing for bodily injury and property damage coverage shall contain the following:
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A. An endorsement extending coverage to the CITY as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the CITY, and any other insurance maintained by the CITY shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificate and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insureds.”
B. “Severability of Interest” clause.
11.4 Promptly on execution of this Contract, and prior to commencement of any work, CONSULTANT shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONSULTANT has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, CONSULTANT shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.5 The requirements as to the types and limits of insurance to be maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify CONSULTANT’s liabilities and obligations under this Contract.
11.6 Any policy or policies of insurance that CONSULTANT elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
11.7 All insurance coverage must be maintained throughout the duration of this Contract.
11.8 Acceptable Proof of Insurance:
11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it. Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.
11.8.3 *When professional (E&O) and/or Cyber liability coverage is provided on a “claims made basis”, CONSULTANT will continue to renew the insurance for a period 6-13Concord - Document ID: ODk0OGUwNGMtYW
of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.
11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONSULTANT fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
11.10 CONSULTANT shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONSULTANT shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONSULTANT's sole risk. CONSULTANT's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 TERMINATION WITHOUT CAUSE
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
13 TERMINATION FOR CAUSE
13.1 If the CITY determines that the CONSULTANT has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the CITY shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the CITY’s dissatisfaction and suggest corrective measures. If, after thirty (30) days, the CONSULTANT has failed to implement the corrective measures, the CITY may elect to terminate this Contract, in whole or in part.
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13.2 In the event the CITY terminates this Contract in whole or in part as provided herein above, the CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses.
The above is in addition to any other remedies available by law or equity to the CITY.
13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12. 14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONSULTANT arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared in the performance of this Contract are to be, and remain the property of CITY. CONSULTANT shall furnish CITY, upon its request, originals or reproducible or electronic copies of reports, studies and of all other documents listed above.
16 SUBCONTRACTING, DELEGATION AND ASSIGNMENT
16.1 CONSULTANT shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how 8-13Concord - Document ID: ODk0OGUwNGMtYW
the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:
A. The amount involved, together with CONSULTANT’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY; and
C. The requirement to hire only those persons authorized by federal law to work in the United States.
16.2 Any assignment, delegation or subcontract shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONSULTANT under this Contract.
17 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
17.1 In performance of this Contract, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation 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.
17.2 The provisions of subsection 17.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 18 FINANCIAL INTEREST CERTIFICATION
18.1 CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, 9-13Concord - Document ID: ODk0OGUwNGMtYW
percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONSULTANT’s firm.
18.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
19 CONFLICT OF INTEREST
19.1 CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONSULTANT to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
19.2 CONSULTANT shall not employ any Housing Authority/City official or employee to perform any work required pursuant to this Contract.
19.3 If CONSULTANT is a registered professional engineer or licensed land surveyor and the scope of work requires CONSULTANT’S recommendation of the actual formula to spread the costs of an assessment district’s improvements, then CONSULTANT shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) CONSULTANT has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within twelve (12) months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which CONSULTANT received the income. In the event a conflict of interest does arise in that context, CITY shall select a different CONSULTANT to recommend the actual formula to spread the costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to CONSULTANT.
19.4 To the extent required by the City Manager/designee, CONSULTANT shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
20 COMPLIANCE WITH LAW
20.1 CONSULTANT shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONSULTANT uses any subcontractors to complete this 10-13Concord - Document ID: ODk0OGUwNGMtYW
Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONSULTANT.
20.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 21 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
22 ENTIRE CONTRACT AND AMENDMENTS
22.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
22.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONSULTANT hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
22.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11-13Concord - Document ID: ODk0OGUwNGMtYW
23 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE: TRIPEPI, SMITH AND ASSOCIATES,
INC.:
Ronda Perez
City Manager
Ryder Todd Smith
President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway,Suite A
Palmdale, CA 93550
ADDRESS FOR NOTICE:
TRIPEPI, SMITH AND ASSOCIATES,
INC.
PO Box 52152
Irvine, CA 92619
APPROVE AS TO FORM:
William P. Curley, III
Interim City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
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■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
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Record of Signing
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COMMUNICATION SUPPORT SERVICES Proposal submitted to: City of Palmdale Submitted: November 13, 2023 Ryder Todd Smith, Co-founder & President Melanie James, Senior Business Analyst VALID FOR 60-DAYS Palmdale General Communications Support
2 Contents COVER LETTER .......................................................................................................................... 3 SINGLE SOURCE COMMUNICATIONS ...................................................................................... 4 An Overview of Tripepi Smith .................................................................................................. 4 Who We Are ............................................................................................................................ 4 General Approach ................................................................................................................... 5 PROJECT PLAN ......................................................................................................................... 6 1. Monthly Metrics ................................................................................................................... 6 2. Graphic Design .................................................................................................................... 6 3. Cloud Webmaster ............................................................................................................... 7 4. Council Chamber Video Production .................................................................................... 7 5. Social Media Management .................................................................................................. 7 COST PROPOSAL ...................................................................................................................... 8 RATES AND OTHER MINUTIAE ................................................................................................ 11 Agreements ........................................................................................................................... 11 Declarations ........................................................................................................................... 14 APPENDIX A: REFERENCES AND CLIENT LIST ........................................................................ 15 References ............................................................................................................................. 15 Some of Our Clients .............................................................................................................. 16 APPENDIX B: SAMPLES ........................................................................................................... 17 Explore samples more fully: www.TripepiSmith.com/PalmdaleFilm ...................................... 17 APPENDIX C: KEY PERSONNEL ............................................................................................... 21 Palmdale General Communications Support
3 COVER LETTER Thank you for the opportunity to talk to you about how Tripepi Smith can help the CItydelvier on range of communications needs. We’re excited to get started quickly. This proposal describes Tripepi Smith as a communications firm that lives right where public agencies and messaging overlap. It will also present our approach to the developing the Strategic Plan and present our cost structure. Whether it is cities, counties, special districts, associations or private sector partners, Tripepi Smith has a strong record of collaboration in California and beyond. This work includes writing, communications, design, videography, marketing, business development and other related services. Samples previously provided to the City are viewable at: www.TripepiSmith.com/PalmdaleFilm The Tripepi Smith Advantage Tripepi Smith is unique: our mix of creative prowess and policy competency is rare. This means we offer “single source communications”— able to apply the breadth of insight and skills to make every deliverable meaningful, engaging and effective. We want to work with Palmdale Film Bureau to fulfill its vision for the Strategic Plan. We understand that this proposal is preliminary, pending actual planning with key stakeholders. Tripepi Smith’s price proposal is valid for sixty (60) days after submission. I sincerely hope we can be your partner and look forward to working with your team.
Ryder Todd Smith, Co-Founder & President, Tripepi Smith [email protected] • (626) 536-2173 PO Box 52152, Irvine, CA 92619 Ryder is the contact person for the proposal evaluation period.
Palmdale General Communications Support
4 SINGLE SOURCE COMMUNICATIONS An Overview of Tripepi Smith Most important: we understand local government. Tripepi Smith combines creative thinking with a deep awareness of how communications drive positive impact on communities. As a firm, we are committed to #ABL—“always be learning.” This means that we never stop adding ways we support the local government sector and sharing that knowledge amongst our team. Since our founding in 2000, we have expanded what we do, becoming a single source for various communication and creative needs. Tripepi Smith fosters an atmosphere of cross-pollination in which civic insight, creative thinking and practical expertise all combine to make us who we are. Service Areas To learn more about our services, visit www.TripepiSmith.com/Services Who We Are The Co-Founders: Nicole Smith & Ryder Todd Smith CFO Nicole Tripepi Smith is a second-generation civic-affairs professional (her father was a city manager for 28 years). President Ryder Todd Smith brings over two decades of public agency marketing and communications experience to the table. The Team Tripepi Smith’s growing team of communications experts offers the right professionals for any job—and ensures we are nimble, responsive and cost effective. Experienced principals, directors and analysts drive strategy and mold messaging. Public affairs experts and policy wonks manage communication solutions for a large list of clients. Creative professionals fashion compelling branding, websites, print and digital design, social media, photography and video. THE RESULT: We have an ability to tell a complete story across mediums all within our one team.
Palmdale General Communications Support
5 General Approach Tripepi Smith sets small teams for client engagements. Although we are large enough to offer overlapping coverage, a small primary team is still most efficient and gets to know the client best. At the start of every design project, we identify the goal, platform, budget and intended messaging. This allows us to bring aboard the right expertise and creative professionals. Our firm offers services that address not only traditional media such as print, websites, logo design and advertising, but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and effective for clients. We strive to breathe life into communications, and we work to strengthen client brands because we know that consistent branding builds trust and helps audiences engage and understand more. We believe in the power of design, and we believe that designing for the public is powerful. But we also know that good design is all for naught if implementation is sloppy, so we are highly detail oriented when it comes to the minutiae of our design process. We understand how to set complex projects, how to make PDFs accessible to assistive technology, how to drive social media engagement up and drive costs down—all while making it look great. Content x Distribution = IMPACT Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution there is no IMPACT.
Palmdale General Communications Support
6 PROJECT PLAN 1. Monthly Metrics Tripepi Smith believes in the power of data to inform good communications. Digital platform provide tremendous for data resources to document the efforts of the communications team to delvier on City Communications. Tripepi Smith often provides monthly metrics reports to our clients that summarize social media, website, media releases and other key metrics. The goals of these summary reports are to create accountability for the team and to highlight the work being delivered to City Staff leadership and, ultimately, the City Council if desired by the City Manager. The monthly metrics report not only includes summary data, but also benefits from an insightful narrative provided by our team of communication experts. The exact metrics we report are to be determined and will be scoped out in a kickoff meeting. This service is normally priced on a fixed fee basis and Tripepi Smith will review the scope and provide a fixed price to then seek authorization to deliver the report. 2. Graphic Design Tripepi Smith recognizes the important interplay of public affairs and design. It’s about presenting ideas that advance communities and public institutions. So we create materials that engage audiences and make ideas resonate. Our creative experts design across the board; we lead entire rebrands but also recognize that sometimes, you just need a postcard made. Working with various agencies everyday solidifies our designers as experts in local government messaging, so not only do they make materials look great, but they also understand how to configure content to be engaging, informative and effective. To view samples of our work, visit www.TripepiSmith.com/Work Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients. Our team will collaborate with the Palmdale team to determine the most effective way to convey design requests and import design request details to ensure we can deliver efficiently for the City and Departments.
Palmdale General Communications Support
7 3. Cloud Webmaster Tripepi Smith is deeply experienced in web develop and content management support. Our team has worked with the content management system for website providers like CivicPlus, Granicus, Revize, and WordPress. These team members use their general web knowledge and hands-on CMS experience to provide effortless content manage services for public agencies. Additionally, our team can leverage our in-house writing professionals to edit or write existing website copy if needed. The result is that Tripepi Smith Cloud Webmaster services can help our clients deliver on the promise of their websites. The City has noted a need to both provide immediate content management support services for the website and to execute on audit on the existing pages to update content or correct grammar and punctuation. Tripepi Smith has proposed that we identify the 100 most commonly visited pages and prioritize the content updates on these pages first, then work through additional pages as needed. Meanwhile, at the direction of the City, Tripepi Smith can also handle ongoing website updates to quickly modify content based on department requests. The methodology for determining the validity of these requests to ensure a secure process will need to be coordinated with the City Staff. 4. Council Chamber Video Production Tripepi Smith is familiar with and has worked in several agencies providing council chamber video production work. Our team knows the flow council meetings, hardware platforms and general details of how to execute on chamber production. 5. Social Media Management Tripepi Smith manages social media for dozens of public agencies and executes the work from planning the social media to monitoring comments on social media. We leverage Canva to improve visuals and are experts across the board on various social media platforms. Tripepi Smith is available to manage all social media for the City.
Palmdale General Communications Support
8 COST PROPOSAL This provisional cost estimate is based on a project scope not yet fully defined. Actual costs will vary depending on the actual scope of work (including length and complexity of content, graphic assets required, rounds of revision, items produced, etc.). We are assuming that all work, excluding the Monthly Metrics Report, will be handled with time and materials billing. Tripepi Smith remains open to flexing out scope of work with the City to adjust to market changes and needs of the agency. Service Delivery Estimated Costs Notes Monthly Metrics Report Likely $700 – $1,100 / month depending on extent of reporting, connection with Sprout Social, narrative We can connect Sprout Social and you can also Connect the Hootsuite Tool. That will help moderate costs. The number of SM channels you wish to report on will affect metrics Graphic Design Support $2700 / week for about 20 hours a week of work We are assuming work will be primarily delivered by a Junior Graphic Artist with oversight and QA from more senior resources. Note that senior reources may also do some work, but often their experience means total time is less and costs are similar. Website Content Clean Up $12,000 for 100 Pages Assumes about an hour a page using our more junior resources whenever possible and elevating to a more senior resource only when needed. Also assumes modest grammar and punctuation review. Complete rewrites may add significant time on some pages. Website Content Management $1,200 / week This presume about ten hours a week of content management is needed to address the queue of department requests.
Palmdale General Communications Support
9 Weekly Planning and Coordination Meetings $900 / week Meeting with TS account leaders and City communications staff to plan for the communications and review past week of activity. Social Media Management $1,075 / Week Producing five social media posts a week, covering 7 days a week social media monitoring, distribution via Sprout Social enterprise account from Tripepi Smith. Content Writing $900 / Week Content writing includes news stories for the City website, press releases and other 500 word short format informative stories. This assumes two per week or 8 a month. Chamber Video Production $630 / Meeting Assumes one hour of travel time, one hours pre meeting QA check, one hour post meeting wind down and video deployment, plus a three-hours meeting. Estimate assumes a one person crew needed, but if two are required, we will need to adjust estimate. There will be some ramp up costs initially to cross train resources and document the entire system. Based upon this general scope of work, we are anticipating a monthly cost estimate of $34,513. This does not include any random ad hoc work that is likely to be requested of Tripepi Smith or other ad hoc work that may arise, including: crisis communications, internal advices on special projects, internal communication assets, press conferences, media calls, special projects like ballot measure education, video production of PSA’s and other video content, stock photography shoots.
Palmdale General Communications Support
10 Tripepi Smith ash proposed that all initial work is on a time and materials basis given the dynamic situation and potential scope adjustment. Once we have settled into work, Tripepi Smith will be happy to amend our agreement with the City to align a fixed monthly fee scope with a baseline level of work, then cover additional work on a ad hoc basis. Tripepi Smith advises an initial not-to-exceed contract value of $480,000 which should get the contract through an initial FY if not full 12-month period. Variability is subject to the range of services requested of the firm.
Palmdale General Communications Support
11 RATES AND OTHER MINUTIAE Title Hourly - Standard Hourly - Retainer Principal $350 $295 Director $240 $215 Art/Creative Director $240 $215 Senior Business Analyst $190 $165 Business Analyst $130 $110 Junior Business Analyst $105 $90 Senior Videographer/Animator $190 $165 Senior Photographer $160 $135 Senior Graphic Designer $175 $145 Graphic Designer $120 $100 Junior Graphic Designer $105 $90 Web Developer $195 $165 Drone Operator $195 $165 Photographer $105 $90 Agreements Retainer Agreements Many Tripepi Smith clients have a fixed baseline of work they need done every month, and then they layer in time & materials work on top of that. These clients, when their retainers exceed $6,750 a month, can have access to our reduced Hourly – Retainer rates noted above for any ad-hoc work. Should we amend our scope of work to a fixed retainer arrangement in the future, this option will be available to the City. Fixed Price Agreements Clients may desire a well-defined project to be accomplished by Tripepi Smith. Examples can include a video or a website project or well-defined budget summary document. In these cases, Tripepi Smith can provide a fixed price alternative to the client.
Palmdale General Communications Support
12 Flexible Time & Materials Agreements Tripepi Smith can build flexibility into agreements based on time & materials. In cases where Tripepi Smith provides an estimate of time and resources required (based on the hourly rate schedule shown above), we can offer terms that offset some uncertainty. Additionally, depending on the nature of the engagement or project, Tripepi Smith can provide weekly or monthly budget reports that track cost vs. estimate. Tripepi Smith’s agreed to hourly rates, retainer rates and equipment fees are subject to an annual increase of 5% or the National CPI index, whichever is greater, upon the anniversary of the contract date. Billing Time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, .75, 4 or 6.5 hours. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Rate. Travel costs will be reimbursed when agreed upon by the client. Tripepi Smith will invoice for our time and materials work on the last day of the month for that month’s work. Invoice terms are net 30 days. If fixed price work is requested and authorized, the milestone payments will be determined via email authorization from the City. Other Costs Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during the course of our engagement that we want to tell you about. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: Title Half Day Full Day Video Equipment $400 $600 Drone Equipment N/A $500 $600 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. $400 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed. $500/day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).
Palmdale General Communications Support
13 Print & Advertising Fees Title Client Pays Directly Client Reimburses TS Print costs, digital promotion, media placement No Fees 10% Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. If Tripepi Smith is asked to pay the bill for the client, we will apply a 10% agency fee to the reimbursement expense. Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. Tripepi Smith typically uses a client’s credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team. If a Tripepi Smith credit card is used to run the advertising campaign, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead. Media Placement: Purchase fees for advertising media space is not included on Tripepi Smith advertising proposals. Usually, clients contract directly with media, but in the event Tripepi Smith covers these fees, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead. Tripepi Smith Partnership Discounts Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include: PublicCEO — www.PublicCEO.com Digital news about public affairs, reaching over 17,000 California government executives. Civic Business Journal — www.CivicBusinessJournal.com Digital interest stories about the people in local government. FlashVote — www.FlashVote.com Planning, implementing, measuring civic surveys. TS Talent Solutions — www.TSTalentSolutions.com Talent search services for local government and related agencies.
Palmdale General Communications Support
14 Declarations Authorization As co-founder and president of Tripepi Smith, Ryder T odd Smith is qualified to enter into agreements and to make the statements on behalf of the firm. This proposal is valid for sixty (60) days from date of submission. Incorporation Founded in 2000 and incorporated in 2002 as a California S Corporation, Tripepi Smith is based in Orange County. FEIN: 73-1642614 California Business License: C2414674 Conflict of Interest Disclosure and Ethics Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects to let the prospect determine if a conflict exists. Currently, Tripepi Smith does not see any conflicts with our existing work and the proposed work. We do work with the City of Lancaster and Palmdale Water District. We also have done work in the City with the Economic Development team and the Palmdale EPIC Energy CCA. To read more about Tripepi Smith’s commitment to ethics: www.TripepiSmith.com/About-Us/#ethics Tripepi Smith & Associates, Inc. PO Box 52152, Irvine, CA 92619 [email protected] • (626) 536-2173 www.TripepiSmith.com
Palmdale General Communications Support
15 APPENDIX A: REFERENCES AND CLIENT LIST References City of Culver City Shelly Wolfberg, Asst. to the City Manager 310.253.6008 • [email protected] Communications Assessment, strategy and action items, social media management, social media and media monitoring, ongoing communications support, videography, monthly metrics reporting, photography, graphic design, bi-weekly client calls and crisis communications. City of Napa Jaina French, Community Relations 707.258.7843 • [email protected] Communications planning, content development, website support, graphic design, quarterly content meetings, Spanish translation, metrics reporting City of Indian Wells Peter Castro, Deputy City Manager 760-346-2489 • [email protected] Communications planning, website support, graphic design, event staffing, editorial calendar, digital newsletter, photography, videography, program management Palmdale General Communications Support
16 Some of Our Clients Tripepi Smith has been selected to work with approximately 200 local government agencies to help with their communications. We can provide you with contacts for any of these clients if desired and are confident you will find them to be quite happy with our services. City of Aliso Viejo City of American Canyon City of Azusa City of Bellflower City of Burlingame City of Claremont City of Coronado (City of) Culver City City of Cupertino (City of) Daly City City of Danville City of Duarte City of El Cerrito City of Fountain Valley City of Foster City City of Fullerton City of Gilroy City of Grover Beach City of Hawaiian Gardens City of Huntington Beach City of Indian Wells City of Industry City of Irvine City of La Cañada Flintridge City of La Palma City of La Puente City of La Verne City of Lake Forest City of Laguna Hills City of Laguna Niguel City of Lancaster City of Livermore City of Lomita City of Lynwood City of Manhattan Beach City of Manteca City of Martinez City of Millbrae City of Morgan Hill City of Murrieta City of Napa City of Norwalk City of Oakley City of Orange City of Orinda City of Palm Desert City of Palmdale City of Paramount City of Pismo Beach City of Placentia City of Pomona City of Rancho Palos Verdes City of Rancho Mirage City of Riverbank City of Rolling Hills Estates City of San Fernando City of Santa Ana City of Santa Clarita City of Santa Cruz City of Santa Paula City of Saratoga City of Stanton City of South Gate City of Tracy City of Vallejo City of Vista City of Walnut City of Westlake Village (City of) Yuba City Town of Los Altos Hills Town of Windsor County of Merced County of Fresno County of Sonoma County of Santa Barbara County of Kings California City Management Foundation California Contract Cities Association CalChoice Energy CCA California Joint Powers Insurance Authority California State University San Marcos Citrus Heights Water District Claremont McKenna College Costa Mesa Sanitary District El Toro Water District Independent Cities Association Independent Cities Finance Authority Inland Empire Utilities Agency Institute for Local Government League of California Cities Municipal Management Association of Northern California Municipal Management Association of Southern California Orange County City Manager Association Orange County Sanitation District Palmdale Water District Rowland Water District San Gabriel Valley City Managers’ Association Climatec HdL Companies National Demographics Corporation
Palmdale General Communications Support
17 APPENDIX B: SAMPLES Explore samples more fully: www.TripepiSmith.com/PalmdaleFilm City of Livermore Strategic Plan The City of Livermore works with Tripepi Smith on several things. In 2023, Tripepi Smith helped Livermore design their 2022 Strategic Plan, complete with a central infographic and iconography for the sections. Then Tripepi Smith created a video overview of the Strategic Plan, using that infographic as kind of navigational element interspersed with footage.
Santa Clara County Fire Department Strategic Plan Tripepi Smith assists the Santa Clara County Fire Department with a wide variety of design, including the recent creation of their recent multi-year Strategic Plan.
Palmdale General Communications Support
18 City of Aliso Viejo Econ Dev Brand, Book, Infographics, Presentation The Economic Development department at the City of Aliso Viejo asked Tripepi Smith to design materials that would build support for planned redevelopment, as well as provide clear information to local businesses about the process. Our designers used GIS maps to create several phase maps, with several matching infographics. We also created the presentation materials with engaging photography, layout and covers for a pocket-folder, enclosed USB, presentation booklet and matching PowerPoint presentation.
California State University San Marcos Case Statement Brochures/Folders In 2022, California State University of San Marcos worked with Tripepi Smith Principal, Katherine Griffiths, and Creative Director, Kevin Bostwick, towards the creation of a case statement brochure for their planned Integrated Science & Engineering building. Katherine worked with the CSUSM development and communication teams to write the compelling story of CSUSM’s important role as an engine for tech and learning, and Kevin designed a high-end brochure with rich imagery, infographics, and a built-in folder pocket to hold templated inserts the University could customize. The approach worked so well that the University came back in 2023 to have Katherine and Kevin do the same—this time on. a 24-page brochure building the case for funding and expanding the University’s powerful mission to be a national center for social mobility.
Palmdale General Communications Support
19 Culver City Community-facing Materials for Initiatives (Rent Control, Mobility/Transit) Tripepi Smith has an ongoing engagement with Culver City for communications in support of ballot measures and other complex information related to tax and real estate regulation. This ongoing informational initiative included design for several media. This ranged from print (e.g. posters and flyers) to digital (explainer videos and content for social media and web). Tripepi Smith Art Director Kevin Bostwick created a “decision tree” infographic to help tenants and landlords navigate the complexity of new rent control regulations. The infographic was designed to be modular, displayable whole but also configured to work within the constraints of the City’s web platform and create a click-through, decision making visual aid. In 2021, Tripepi Smith Director Jennifer Fitzgerald and Art Director Kevin Bostwick created a sub-brand for Culver City Transportation in support of their MOVE initiative to transform how residents get around.
City of Napa State of the City, Fiscal Infographics Tripepi Smith has been engaged with the City of Napa since late 2019. While the City originally engaged us for retainer services focused on social media creation and management, content writing and website support, they quickly expanded our engagement to include ad hoc graphic design support, video editing, infographic design and HR outreach and promotion. In addition to drafting, scheduling, and monitoring social media posts across all City platforms, Tripepi Smith has drafted written content such as letters from the City Manager, press releases, and radio scripts. On an ad hoc basis, we have completed detailed financial infographics that outlined the potential effects of COVID-19 on City finances (one of these infographics was featured in a MarketWatch article), wrote and designed their 2020 State of the City booklet, edited videos that told the story of local business and City support throughout the pandemic and more.
Palmdale General Communications Support
20 City of Cupertino Budget at a Glance, Periodicals, Reports, Branding After providing the City of Cupertino with a communication assessment in 2015, the City further engaged Tripepi Smith in 2017 to update their style guide and refresh their brand identity. While maintaining the integrity of the current city seal and logo, the City of Cupertino now has an expanded color palette and a clearly defined typography set as a part of their identity. In the process of updating the style guide, Tripepi Smith also updated some of their city templates to be more streamlined and user friendly. In 2019, Tripepi Smith used these brand standards for the City of Cupertino’s graphic design. In addition to their monthly publication Scene, Tripepi Smith created infographics and enhanced the layout for their annual Climate Action Plan report.
City of Indian Wells Budget at a Glance, Financial Planner, Infographics, Mailers Tripepi Smith used engaging information graphics to translate their budget data into an engaging “Budget-at-a-Glance” mailer that successfully put the information in front of the community in a digestible way.
Palmdale General Communications Support
21 APPENDIX C: KEY PERSONNEL Below are for team writers and graphic designers. Full resumes available upon request, or learn more at: www.TripepiSmith.com/Our-Team Professional Graphic Design Experience Creative Director ................. Kevin Bostwick .... 25+ years + Creative Direction, Branding, Strategy Senior Graphic Designer ..... Kjerstin Wingert .. 8 years + Art Direction, Branding, Photography Senior Graphic Designer ..... Sara Madsen ....... 5 years + Web Designer, Graphic Design Senior Graphic Designer ..... Melanie James .... 7 years + Sr. Web Designer, Graphic Design Junior Graphic Design ........ Alexis Mendez ..... 1 year + Graphic Design Junior Graphic Designer ..... Jenni Wechsler .... 1 year + Animation, Graphic Design *Above list does not include additional photographers, videographers, animators.
Palmdale General Communications Support
22 Katherine Griffiths, APR – Principal / Editorial Lead With more than 25 years of experience in nonprofit advancement, Katherine is an award-winning writer and creative director whose work with municipal and higher education clients has earned accolades from the California Association of Public Information Officers, the Council for the Advancement and Support of Education and the College Fraternity Editors Association. Her proficiencies include strategic planning, executive messaging, content development, proofreading and copyediting. Katherine joined the Tripepi Smith team in November 2016. She previously was director of community relations for the Paine Art Center and Gardens, associate editor for The ANCHORA of Delta Gamma Fraternity, publications editor and director of creative services for Claremont McKenna College and a communications consultant for the Claremont University Consortium, Pomona College, Scripps College and the Marshall School of Business at the University of Southern California. She currently supports administrative and creative projects for Bayshore Consulting, California Choice Energy Authority, California Joint Powers Insurance Authority, Clean Energy Alliance, Energy for Palmdale’s Independent Choice, Mt. San Antonio Gardens, MuniEnvironmental, Pico Rivera Innovative Municipal Energy, Pomona Choice Energy, Scripps College and Renne Public Law Group. Her municipal clients include the City of Saratoga and the City of Snoqualmie, Washington.
Palmdale General Communications Support
23 Melanie James – Senior Business Analyst & Graphic Artist Melanie James is a talented graphic artist, expert on the WordPress platform, a skilled project manager and a lead for Tripepi Smith’s cablecasting and videography services. She has managed and delivered dozens of successful website development projects and has a full suite of creativity skills rooted in her formal graphic arts education. Her skills cover the full Adobe Creative Suite and into HTML and CSS. In addition, she has managed an array of projects ranging from robust digital advertising campaigns to comprehensive video production projects. Her clients include City of Tracy, City of Daly City, City of Bellflower, City of Huntington Beach, City of Fullerton, City of La Cañada Flintridge, City of Menifee, City of Paramount, Santa Clara County Fire Department, Rowland Water District, and Placer Mosquito Vector Control District. Melanie is a certified Hootsuite Social Marketing Professional and Constant Contact Certified Solutions Provider and has completed the University of Southern California Executive Education Forum for Local Leaders and the University of California, Irvine Public Policy Making Academy II.
Palmdale General Communications Support
24 Kevin Bostwick – Creative Director Kevin Bostwick is an experienced Art Director and creative manager. He delivers powerful ideas visually, distilling unexpected stories from challenging content and designing media for understanding and absorption. He directs and executes for digital, interactive and print mediums, delivering across a blend of channels, particularly for learning, data-display and presentation. His work for major clients has included digital tools, logos, presentation, interactive learning, advertising and print design. He navigates the whole ecosystem, working with high-powered stakeholders to shape concepts, UX, branding, strategy, writing, asset management, information architecture and infographics. Kevin's clients have included California State University San Marcos, Clean Energy Alliance (power provider for the cities of Carlsbad, Del Mar, Escondido, Oceanside, San Marcos, Solana Beach and Vista), Orange County (Health & Human Services, Social Services), City of Aliso Viejo, Culver City, City of Napa, City of San Leandro, City of Manteca, City of Livermore, City of Palmdale, Pivot Charter Schools, California Joint Powers Insurance Authority and Renne Public Law Group.
Palmdale General Communications Support
25 Kjerstin Wingert – Senior Graphic Artist / Photographer Kjerstin is a Senior Graphic Designer with Tripepi Smith. After studying Business Administration at both the Ecole Supérieure Libre Des Sciences Commerciales Appliquéesis in Paris and Concordia University in Irvine, Kjerstin went on to receive her Advanced Production Certificate in Graphic Design from Golden West College in Huntington Beach. She began working as a freelance graphic designer in 2012 and joined the Tripepi Smith staff in 2015. Kjerstin has advanced knowledge of various creative platforms including Adobe Illustrator, Adobe Photoshop and Adobe InDesign. Kjerstin has experience leading an array of creative projects including layout, graphic design, illustration and creative concept development. Her client work includes: City of La Cañada Flintridge, City of Culver City, City of Duarte, City of Cupertino, City of Saratoga, City of Livermore, California Joint Powers Insurance Authority and Costa Mesa Sanitary District. Kjerstin is a certified Hootsuite Social Marketing Professional. She also completed the University of Southern California Executive Education Forum for Local Leaders and the University of California, Irvine Public Policy Making Academy.
Palmdale General Communications Support
26 Sara Madsen – Senior Business Analyst / Graphic Artist Sara Madsen has a skill set that is simultaneously wide and deep, ranging from graphic design to website development to account and project management; she is one of Tripepi Smith's most trusted 'Swiss Army knives.' With a formal education in marketing and environmental sustainability from San Diego State University, Sara brings technical prowess and creative savvy to the clients she serves. Her work as a Senior Business Analyst includes providing key account management support and project leadership, while concurrently delivering on a variety of creative projects. Her clients include City of Laguna Hills, City of Lomita, City of Paramount, City of Orange, City of Yucca Valley, City of Indian Wells, City of Pico Rivera, Clean Energy Alliance, CalChoice, Pomona Choice Energy, Palmdale Energy, Pivot Charter Schools, California Urban Forest Council, Renne Public Law Group and TS Talent Solutions. Sara is certified as a Google Analytics, Constant Contact Certified Solutions Provider and Hootsuite Social Marketing Professional. She has also completed the Public Policy Making Academy II at the University of California, Irvine and the Executive Education Forum for Local Leaders at the University of Southern California.
Palmdale General Communications Support
27 Jenni Wechsler – Junior Graphic Designer A strategic thinker, fast learner with a strong work ethic and passion for graphic design, Jenni Wechsler brings experience in graphic design, photography and video editing. With a degree in Psychology from University of Southern California, she knows not only how to tell a story, but how to creatively tailor it to convey the vision and values of an organization. She enhanced her graphic design skills during her time freelancing at Relationship Cubed, where she designed branding, course materials and photo assets. In addition, she is versed in the nuances of the psychology world. Jenni’s client work includes graphic design for City of Irvine, Culver City, City of Jurupa Valley, City of San Fernando, City of Southgate, City of Costa Mesa, City of Lomita, City of La Cañada Flintridge, City of Orinda, Costa Mesa Sanitary District, Pomona Choice Energy and Clean Energy Alliance (power provider for the cities of Carlsbad, Del Mar, Escondido, Oceanside, San Marcos, Solana Beach and Vista). Jenni is a certified Hootsuite Social Marketing Professional.
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC SAFETY DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE AGREEMENT WITH THE LOS ANGELES COUNTY
DEPARTMENT OF ANIMAL CARE AND CONTROL TO PROVIDE
GENERAL ANIMAL SERVICES FOR A TERM OF FIVE YEARS
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Agreement No. A-8891 with the Los Angeles County Department of Animal Care and Controlto provide general animal services for a term of five years; and,
2. Authorize the City Manager or her designee to execute the Agreement No. A-8891 with the Los Angeles County Department of Animal Care and Control , including minimal and/or non-substantial changes.
BACKGROUND
For over 35 years, the City has contracted with the Los Angeles County Department of Animal Care and Control (DACC) to provide all animal care and shelter services for Palmdale residents. In 2023, a feasibility study was conducted to identify the most effective animal services programming. As a result of the study, it was recommended that services through DACC be maintained and that City resources such as spaying and neutering, vaccines, and microchipping be enhanced.
DISCUSSION
With this agreement, the DACC will provide general animal care and control services within the City’s limits under the provisions of Title 10, Animals of the Los Angeles County Code and its amendments.
The attached Scope of Services describes the services identified in the Municipal Services Agreement, including but not limited to field and shelter services, medical care for housed animals, issuing and processing licenses, business inspections, and licensing.
Report to Mayor and City Council
Re: Approve Agreement A-8891 with Los Angeles County Department of Animal Care and Control
July 10, 2024
FISCAL IMPACT
$3,200,000 (annually); the annual estimate is based on historical trends and can vary based on several factors: the number of animals housed, private veterinarian costs, and field services. Staff will review invoices monthly and propose adjustments as necessary.
Fiscal year 2024/2025 funds are available in account 10125002-722400. Subsequent years are to be allocated through the budget process.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.
A. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
Prepared by: Kery German, Public Safety Supervisor
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt No. A-8891 with DACC
Exh A Agrmt No. A-8891 Scope of Services
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
TABLE OF CONTENTS
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF PALMDALE
PARAGRAPH TITLE PAGE
RECITALS 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES
2 2.0 1.0 ADMINISTRATION OF PERSONNEL 3
3.0 2.0 DEPLOYMENT OF PERSONNEL 4
4.0 3.0 PERFORMANCE OF CONTRACT 4
5.0 4.0 INDEMNIFICATION 5
6.0 5.0 TERM OF CONTRACT 6
7.0 6.0 RIGHT OF TERMINATION 6
8.0 7.0 CONTRACT SUM 6
9.0 8.0 PAYMENT PROCEDURES 7
10.0 9.0 NOTICES 7
11.0 10.0 AMENDMENTS 8
12.0 11.0 AUTHORIZATION WARRANTY 8
13.0 12.0 ENTIRE AGREEMENT 8
14.0 13.0 CONSTRUCTION OF AGREEMENT 9
15.0 14.0 IMPLEMENTATION OF AGREEMENT 9
16.0 15.0 COUNTERPARTS 9
A-8891
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CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF PALMDALE
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF PALMDALE (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.
RECITALS
a. The City desir es to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56 -3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through t he County Department of Animal Care and Control (“the Department ”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.
1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.
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2.0 ADMINISTRATION OF PERSONNEL
2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.
2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good -faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.
2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract , which must be concurrently adopted by t he City and County . Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, t o the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fe es. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.
2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.
2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.
2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.
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3.0 DEPLOYMENT OF PERSONNEL
3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.
3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.
3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.
3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.
Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.
3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.
This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.
3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare , or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.
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4.0 PERFORMANCE OF CONTRACT
4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.
4.2 Nothing in th e Agreement prohibits the City from providing , at the City’s expense, additional resources for the County to utilize in its performance of the services.
4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, m ust be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.
4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location , or virtual meeting link, for all in -person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.
4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.
4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.
4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services , at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current 5-11Concord - Document ID: 02wvx5RdoXyNJSG3mRyoyF
billing rate for staff time as listed in Attachment C, City -County Municipal Services Billing Rates.
5.0 INDEMNIFICATION
5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.
5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.
6.0 TERM OF CONTRACT
6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.
6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.
7.0 RIGHT OF TERMINATION
7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.
7.2 Despite any provision to the contrary in the Agreement , the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.
In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.
7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least one- hundred eighty (180) days before the date specified for that termination.
7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the 6-11Concord - Document ID: 02wvx5RdoXyNJSG3mRyoyF
other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.
7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.
8.0 CONTRACT SUM
8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor -Controller and set forth in the current Attachment C, City -County Municipal Services Billing Rates.
8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of service s in accordance with the policies and procedures for the determination of rates established by the County.
8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.
8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City -County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Department, will submit a summar y invoice covering all services performed during the month to the City within twenty- five (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.
9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.
9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason (s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.
The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution. 7-11Concord - Document ID: 02wvx5RdoXyNJSG3mRyoyF
9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.
9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty ( 60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County ma y satisfy such indebtedness, including interest on unpaid amounts , from any funds of the City o n deposit with the County , without giving further notice to the City of County’s intention to do so.
10.0 NOTICES
10.1 Each Party shall designate a Primary Contact, as i dentified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day -to-day facilitation of services may be conveyed through telephone, email, or in - person interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachme nt B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.
The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.
10.2 Notices to the County of Los Angeles must be addressed as follows:
For physical notices:
County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:
10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.
11.0 AMENDMENTS
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11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of th e Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County repres ents and warrants that the person executing th e Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates , along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee , is authorized by the County to execute amendments.
14.0 CONSTRUCTION OF AGREEMENT
14.1 Each Party has p articipated in the drafting and preparation of th e Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.
15.0 IMPLEMENTATION OF AGREEMENT
15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.
16.0 COUNTERPARTS
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16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy ), which will become effective only when e very Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.
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CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF PALMDALE
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.
COUNTY OF LOS ANGELES
By_______________________________
MARCIA MAYEDA
Director
Department of Animal Care and Control
Date_______________________________
CITY OF PALMDALE
By_______________________________
City of Palmdale, City Manager
Date_____________________________
ATTEST:
By______________________ _________
City Clerk Date
By______________________ _________
City Attorney Date
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By___________________________
David Beaudet
Senior Deputy, County Counsel
Date_________________________
11-11Concord - Document ID: 02wvx5RdoXyNJSG3mRyoyF
Record of Signing
Signed with www.concordnow.com
For
Name
Title
Signed on 2024-06-24 16:58:15 GMT
Secured by Concord™
DocumentID: 02wvx5RdoXyNJSG3mRyoyF
SigningID: 02wvx5RdiVGqC4t75WPwYl
Signing date: 6/24/2024
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2024-06-25 20:21:46 GMT
Secured by Concord™
DocumentID: 02wvx5RdoXyNJSG3mRyoyF
SigningID: 02wwbQ95xTmB991AaUcwAY
Signing date: 6/25/2024
IP Address: 107.131.11.226
Email: [email protected]
COUNTY OF LOS ANGELES
ATTACHMENT A
DEPARTMENT OF ANIMAL CARE AND CONTROL
DESCRIPTION OF SERVICES
I. Animal Care Services
The County of Los Angeles Department of Animal Care and Control (Department) maintains seven animal care centers that accept stray, lost, abandoned, and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Owner- relinquished animals are held for an initial period prior to euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.
The Department is dedicated to providing appropriate and safe housing to all animals accepted into the Department’s care. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department’s sole discretion, outsourced to a contracted veterinarian.
As requested by the City in Attachment B, Service Level Request, the Department will provide the City with either: Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.
A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated from within the boundaries of the City may be housed at a County animal care center. Admitted animals will be vaccinated and provided medical care, food, water, and shelter. The Department may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or find ing a new one . Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.
The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.
Full Animal Care Center services include:
• Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care;
• Holding stray animals and attempting to reunite them with their owners; • Accepting unwanted animals surrendered by their owners; • Making best efforts to find new adoptive homes for domestic animals and livestock;
• Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
• Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
• Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
• Spay and neuter services for dogs and cats pursuant to State law; • Medical treatment and surgeries to make animals more adoptable; • Euthanizing sick, injured, dangerous, unweaned, feral, or un -adoptable animals;
• Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; • Filing annual reports to the State of California as required by law; • Disposal of dead animals;
• Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
• Connecting pet owners to services to increase owner retention of pets; and • Maintaining regular hours of operation for the public.
B. Animal Care for Transfer
If the City has opted for Animal Care for Transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care an d housing at the Department’s animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City’s choice. The Department may refuse to release an animal for transport if, in the reasonable asse ssment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is
ill or injured to the extent that transportation would cause further injury o r suffering.
The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the County. If necessary, the Department may transport an animal(s) to an alternative animal care location of the City’s choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.
The City will be responsible for all costs for the admission, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the City's choice. The City's designated animal care center location is listed in Attachment B, Service Level Request.
II. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, “Animals,” and all future amendments, except as otherwise agreed to by the Parties in Attachment B, Service Level Request.
A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.
In or der to harmonize the terms of this Agreement with the provisions of the City’s municipal code, the City must adopt Title 10 “Animals” of the Los Angeles County Code (“Title 10”). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.
The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department will notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Title 10.
Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
• Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;
• Capturing, reuniting, and admitting stray domestic animals; • Capturing and impounding or returning domestic animals at large; • Accepting and caring for animals surrendered by their owners; • Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code; • Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelt y laws, and the laws relating to keeping wild or exotic animals;
• Investigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
• Investigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; • Rescuing ill, injured, or abused animals;
• Enforcing animal nuisance complaints such as excessive animal noise and other violations; issuing administrative or criminal citations as appropriate; • Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody; • Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
• Maintain a 24-hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and • Maintaining records in accordance with applicable laws and policies.
A. Standard Service Plan
The Standard Service Plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.
B. Limited Service Plan
The Limited Service Plan includes standard services on a part -time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates.
III. Alternatives to Care Center Admissions
The Department's “Alternatives to Care Center Admissions” services are activities that go beyond providing housing for dogs and cats , and have the effect of keeping pets out of care centers and in homes and healthy environments. This inclu des staff counseling pet owners or connecting them with resources such as free pet food and supplies, medical vouchers, temporary housing, access to a medical helpline , and other critical resources all intended to help keep pets with their families. The Department also offers a variety of pet assistance programs, known collectively as the Pets Are Family (PAF) program, which is funded almost entirely through donations and grants received by the Department. A summary of the programs offered under PAF can be found on our website (https://animalcare.lacounty.gov/dacc-support-services).
As a result of these efforts, the number of dogs and cats admitted into Department animal care centers has decreased dramatically due to the Department reducing preventable pet surrenders. These programs are only available to cities that opt into Full Care Center Services and are charged at a flat per capita rate as indicated in Attachment C, City - County Municipal Services Billing Rates.
Managed Intake
Managed Intake (MI) is a strategy that allows agencies to manage and reduce the flow of both owned pets and homeless animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the Department’s intervention services, pet owners receive support in the form of consultation, financial resources, and referrals — both medical and behavioral — to assist them with their pet -related issues. MI has reduced the number of surrendered animals admitted to the Department’s care centers to those who have no other opportunity for rehoming. This is reducing the costs for cities that are associated with sheltering cats and dogs.
Components of Managed Intake:
• Community Engagement is key to successfully employing Managed Intake, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
• The Department encourages people who have found stray animals to attempt to reunite the pets with their families. The Department also encourages residents to
allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the Department will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the Department, as will animals that are sick or injured.
IV. Individual Animal Licensing Services
Adult dogs four months of age and older are required by State law to have individual licenses. The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County’s fees for individual animal licenses or set its own fees as permitted in Attachment B.
License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee -per-license basis. Pet owners may opt into a one - or three-year license option for their pet s. A current license will be required before an animal will be released to a resident of the City.
Fees from one- and three-year licenses collected will be credited to the City monthly in arrears.
The Department’s animal licensing services include:
• Issuing animal licenses for pets as requested by the City; • Processing license applications, payments, and information changes; • Issuing license renewal notices;
• Assessing and collecting fees, penalties, and other financial remittances; • Maintaining a database for animal licensing, records of calls for service, and actions taken; and
• Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.
V. Additional Outreach and Enforcement Services Options
The City may request that the Department provide additional services as outlined below.
A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license
enforcement in designated areas within the City. This program includes:
• Issuing new licenses and renewing expired licenses;
• Issuing citations to violators of animal licensing ordinances; • Collecting license revenue, delinquency charges, and authorized fees; and • Recording licensing data in the Department's database.
B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.
The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the City. Investigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers and are billed in accordance with Attachment C, City -County Municipal Services Billing Rates.
This program includes:
• Annual inspection of any premise used by an animal-related business or non- profit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
• Issuing grades to animal facilities consistent with the requirements of Section
10.28.270 of the County Code;
• Follow-up inspections of animal facilities as necessary; • Collection of license fees to offset the cost of services; and • Documentation and maintenance of records as necessary.
C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and micr ochip clinics at its animal care centers. If the City chooses additional rabies vaccination and microchip clinics, the following services are offered:
• Providing or assisting in arranging for low-cost vaccinations and microchips; • Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
• Licensing animals vaccinated at the clinic; and
• Assisting jurisdictions in promoting these community-based clinics.
D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low -cost or free spay/neuter program for the City’s residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.
VI. Records
Upon reasonable notice, the Department will make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).
Upon request, the following standard reports are available from the Departmen t on a monthly basis:
1. Dogs and/or Cats Impounded
2. Animals Returned to Owners
3. Dogs and/or Cats Abandoned
4. Special Admission Dog & Cat
5. Other Animals Impounded
6. Quarantined Dogs and/or Cats
7. Special Admission Other Animals
8. Private Veterinarian (Outside Medical Expense)
9. Dead Animal Pick Up Requests
10. Types of Calls for Service
11. Location of Admission
12. Public Hours performed at a specific Animal Care Center
In accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.
Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES
HOUSING DIVISION
DISTRICT: 3, 4, 5
SUBJECT: APPROVE F OURTH AMENDMENT TO AGREEMENT WITH RSG, INC., FOR FINANCIAL ANALYSIS SERVICES TO INCREASE THE
AGREEMENT BY $ 60,000 FOR A NOT TO EXCEED AMOUNT OF
$160,000 FOR THE REMAINDER OF THE TERM THROUGH 2026
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Fourth Amendment to Agreement No. A -7196 with RSG, Inc., for Financial Analysis Services to increase the Agreement amount by $60,000 for a not to exceed amount of $160,000 for the remainder of the term through 2026; and,
2. Authorize the City Manager or her designee to execute the Agreement No. A- 7196 with RSG, Inc., including minimal and/or non-substantial changes.
BACKGROUND
The City’s Rent Control Ordinance requires all privately owned Mobile Home Parks (Parks) within the City of Palmdale to submit an annual report outlining each park’s compliance with the Rent Control Ordinance . Seven Mobile Home Park communities are subject to the Rent Control Ordinance.
DISCUSSION
RSG, Inc. (RSG) has provided the City assistance with review ing Rent Control Annual Registration documents and other services, including assisting with the utilization of federal funds for property acquisition . RSG works with the Park Managers to provide training on the City’s Rent Control Ordinance requirements and e nsure annual compliance. The Parks may take up to six months to process follow-up documentation Report to Mayor and City Council
Re: Fourth Amendment to Agreement No. A-7196 RSG. Inc.
July 10, 2024
requests before being deemed approved. The current agreement with RSG has two years remaining and requires additional funding to complete the assignment.
FISCAL IMPACT
$60,000; funds are budgeted in account 10164003-721953 for Fiscal Year 2024-25 and will be requested for Fiscal Year 2025-26 through the annual budget process.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Heather Nichols, Senior Housing Coordinator Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt No. A-7196 Fourth Amendment with RSG. Inc.
Agrmt No. A-7196 Third Amendment with RSG, Inc.
Agrmt No. A-7196 Second Amendment with RSG, Inc.
Agrmt No. A-7196 First Amendment with RSG, Inc.
Agrmt No. A-7196 with RSG, Inc
FOURTH AMENDMENT TO AGREEMENT A- 7196
BETWEEN THE CITY OF PALMDALE AND RSG, INC.
This Fourth Amendment to Agreement No. A-7196 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and RSG, INC. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on September 24, 2020 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:
Financial Analysis of Affordable Housing Projects
WHEREAS, the parties desire to amend the Original Agreement to:
Increase total Agreement amount.
NOW THEREFORE, the parties agree as follows:
Section 1.1 Description of Work is amended to "...the total cost of the work issued to the Consultant by the City of Palmdale will not exceed One Hundred and Sixty Thousand Dollars ($160,000) for the entire term of the Contract..." This is an increase of Sixty Thousand Dollars ($60,000).
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
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1-2Concord - Document ID: generated after first signature
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
RSG, INC.:
Ronda Perez
City Manager
Tara Matthews
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
RSG, INC.
17872 Gillette Avenue, Suite 350
Irvine, CA 92614
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
2-2Concord - Document ID: generated after first signature THIRD AMENDMENT TO AGREEMENT A-7196
BETWEEN THE CITY OF PALMDALE AND RSG, INC.
This Third Amendment to Agreement No. A-7196 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and RSG, INC. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on September 24, 2020 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:
Financial Analysis of Affordable Housing Projects
WHEREAS, the parties desire to amend the Original Agreement to:
Extend Contract Term.
NOW THEREFORE, the parties agree as follows:
1. Consultant and City agree to exercise the option to extend the agreement for an additional two-year term through February 2, 2026.
2. Section 1.1 Description of Work is amended to "...the total cost of the work issued to the Consultant by the City of Palmdale will not exceed One HundredThousand Dollars ($100,000) for the entire term of the Contract..." This is an increase of Twenty-five Thousand Dollars ($25,000).
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
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In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
RSG, INC.:
Ronda Perez
City Manager
Tara Matthews
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
RSG, INC.
170 Eucalyptus Avenue Suite 200
Vista, CA 92084
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
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City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: ALL
SUBJECT: APPROVE CONSULTANT AGREEMENT WITH LAND REPORTS
COMPANY, RICK (FREDERICK) JONES , FOR ACTING CITY LAND
SURVEYOR AND PLAN CHECK SERVICES IN THE AMOUNT OF
$200,000 FOR A TERM OF ONE YEAR
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Agreement No . A-8895, with Land Reports Company, Rick (Frederick) Jones, for Acting City Land Surveyor and plan check services in the amount of $200,000 for a term of one year; and,
2. Authorize the City Manager or her designee to execute Agreement No. A-8895, with Land Reports Company, Rick (Fre derick) Jones, including minimal and/or non-substantive changes.
BACKGROUND
An Acting City Surveyor provides services for developer map reviews, lot line adjustments reviews, certificates of compliance reviews, legal descriptions, right-of-way and easements reviews, boundary analysis, easement effects reviews, and topographic mapping. Other services include surveying title and easement disputes, boundary surveying conflicts, National Mapping Standards (of accuracy) for Topographic Mapping, GPS Monitoring accuracy, and survey monument preservation.
DISCUSSION
Previously, consultant Annealta provided the Acting City Land Surveyor and plan check services through their sub-consultant, Rick Jones of Land Reports Company. Annealta’s contract has ex pired. It is in the City’s best interest to contract with Land Reports Company to allow for uninterrupted plan check services. The services provided by Rick Report to Mayor and City Council
Re: Approve Agreement A-8895 with Land Reports Company
July 10, 2024
Jones through the Annealta contract were satisfactory to City staff. Rick Jones has agreed to continue the services.
FISCAL IMPACT
$200,000; Acting City Surveyor plan check services are typically billed 70-75% of the developer’s project fees. If additional services outside of developer projects are needed, they will be billed at rates comparable to other engineering/surveyor companies and charged against the appropriate project account.
STRATEGIC PLAN
Goal III. Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt No. A-8895 with Land Reports Company
AGREEMENT No. A-8895
CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND LAND REPORTS COMPANY, RICK (FREDERICK) JONES
THIS CONTRACT FOR SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale, a municipal corporation (hereinafter referred to as “CITY”), and LAND REPORTS COMPANY, RICK (FREDERICK) JONES, a sole proprietor, (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR has the expertise and is qualified to perform the services described in this Contract.
NOW THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1 CITY PROJECT MANAGER
To provide the services required by this Contract, CONTRACTOR shall act under the authority and approval of the department Public Works Director/designee, who shall oversee this Contract, the work performed by CONTRACTOR, assist CONTRACTOR with any necessary information, audit billings, and approve payments. The CONTRACTOR shall channel all contacts and requests through the City project manager.
2 DESCRIPTION OF WORK
2.1 CONTRACTOR shall provide all work as set forth in the details below:
Acting City Land Surveyor and plan check services.
Professional support services will include:
Civil Engineering: Property damage – Storm water diversion; Storm Water Pollution Prevention (SWPPP)
Land Surveying: Title & Easement disputes; Boundary Surveying conflicts; National Mapping Standards (of accuracy) for Topographic Mapping; Portuguese Bend Landslide; GPS Monitoring accuracy and survey monument preservation.
Services also includes: Maps Review, Lot Line Adjustments Review, Certificates of Compliance Review, Legal Descriptions, Right of Way, and Easements Review, Boundary Analysis, Easement Effects, and Topographic Mapping.
CONTRACTOR shall perform and complete all such work and services in a manner satisfactory to CITY.
2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
2.3 CONTRACTOR shall not accept any change of scope, or change in contract provisions, to this Contract unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
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2.4 CONTRACTOR shall maintain in current status all Federal, State and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract.
2.5 CITY shall provide to CONTRACTOR, without charge, all data, program information, including reports, records, maps and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 3 CONTRACTOR’S KEY PERSONNEL
3.1 Key Staff. CITY reserves the right to review and approve CONTRACTOR’S staff including all subcontractors to be assigned to any project by CONTRACTOR during the term of this Contract.
This Contract has been awarded to CONTRACTOR based partially on the key personnel proposed to perform the services required herein. CONTRACTOR shall not change nor substitute any of these key staff for work on this Contract without prior written approval by CITY.
CONTRACTOR’s Team and Key Personnel are set forth below:
Principal, Rick (Frederick) Jones; R.C.E., L.S., QSD/P, QISP
This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed herein. CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.
3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR.
CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of CITY. The subcontract shall incorporate by reference the terms and conditions of this Contract.
3.3 Direct Responsibility. All services required under this Contract shall be performed by CONTRACTOR, or under CONTRACTOR’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
3.3.1 CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
3.3.2 CONTRACTOR shall be responsible for payment of all CONTRACTOR’s employees’ and subcontractor’s wages and benefits, and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
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3.3.3 CONTRACTOR shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONTRACTOR’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
4 ACCEPTANCE AND DOCUMENTATION: Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.
4.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.
4.2 Property of CITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of CITY.
CONTRACTOR is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. CONTRACTOR shall not use or release these materials without the prior written consent of CITY. 5 PRICE: CITY shall pay to CONTRACTOR an amount not to exceed One Hundred Fifty ThousandDollars ($150000.00) for the completion of all the work and services described herein, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as set forth in the following Fee Schedule:
5.1 An application for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting work being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests.
5.2 CONTRACTOR shall maintain adequate records and shall permit inspection and audit by CITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONTRACTOR for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONTRACTOR shall retain its records for the time required by such laws.
5.3 Payment. A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or completion of specified services and receipt of a correct invoice. 6 CONTRACT TERM.
6.1 The term of Contract is one calendar year (1) years, commencing on the date the Contract is executed by the last party to sign, with CITY reserving the option to extend the agreement for additional terms of one year each. The maximum total term of Contract shall be five (5) years.
7 TAXES
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7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws.
7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
7.3 CONTRACTOR shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
7.4 When equipment, materials or supplies generally taxable to CONTRACTOR are eligible for a tax exemption due to the nature of the work, CONTRACTOR shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
8 PATENT FEES AND ROYALTIES
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, program, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, program, product or device is specified in the contract documents for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents.
CONTRACTOR shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, program, product or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. 9 INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees, from and against all claims, losses, obligations, or liability which arise out of, or are in any way related to, the CONTRACTOR’s acts, errors or omissions, or those of its employees or agents under this Agreement. 10 INSURANCE
10.1 CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 10.8, must be reviewed and accepted by the City Attorney.
10.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation -- coverage as required by the State of California Employer’s Liability -- $1,000,000.00 each accident 4-11Concord - Document ID: generated after first signature $1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
10.1.2 Professional Liability (Errors & Omissions) Insurance* $1,000,000 limit on a per occurrence basis
10.1.3 Commercial General Liability
$1,000,000.00 limit on per occurrence basis
$2,000,000.00 general aggregate limit
10.1.4 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
10.2 All of CONTRACTOR’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty - (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
10.3 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.
Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.
The Certificate and endorsements shall state that: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” clause.
10.4 Promptly on execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insureds. Within five (5) days of written requests from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
10.5 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.
10.6 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
10.7 All insurance coverages must be maintained throughout the duration of this Contract.
10.8 Acceptable Proof of Insurance:
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10.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; additional insured form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
10.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.
10.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR, or its officers, employees, or agents during the time this Agreement was in effect.
10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
10.10 CONTRACTOR shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.
11 TERMINATION WITHOUT CAUSE
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONTRACTOR shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work. CONTRACTOR shall also surrender to CITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONTRACTOR shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
12 TERMINATION FOR CAUSE
If CITY determines that CONTRACTOR has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, CITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty - (30) days. Such notice shall set forth the basis for CITY’s dissatisfaction and suggest 6-11Concord - Document ID: generated after first signature corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, CITY may elect to terminate this Contract in whole or in part.
12.1 In the event CITY terminates this Contract, in whole or in part, for cause, CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
12.2 CONTRACTOR shall provide all finished or unfinished documents, data, studies, software, drawings, programs, processes, maps, photographs, reports, etc., prepared by CONTRACTOR within fifteen (15) working days after notice of termination. Upon such termination, CONTRACTOR shall be paid an amount equal to the value of the services provided and work performed as of the date of termination, taking into consideration the costs associated with hiring another CONTRACTOR to complete the services. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to CITY.
12.3 If, after notice of termination of the Contract under the provisions of this Section 12, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes and other matters in question between CITY and CONTRACTOR arising out of, or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT
15.1 CONTRACTOR shall not delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONTRACTOR from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval.
15.2 Any assignment, delegation or subcontract shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Contract including, but not limited to, 7-11Concord - Document ID: generated after first signature the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONTRACTOR under this Contract.
16 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
16.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation or age. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation 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.
16.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 17 FINANCIAL INTEREST CERTIFICATION
17.1 CONTRACTOR warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONTRACTOR’s firm.
17.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
18 CONFLICT OF INTEREST
18.1 CONTRACTOR stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONTRACTOR to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.
18.3 To the extent required by the City Manager or his designee, CONTRACTOR shall complete and file with the City Clerk a Form 700 Statement of Economic 8-11Concord - Document ID: generated after first signature Interests disclosing any reportable property interests, income, gifts, investments or business positions.
19 COMPLIANCE WITH LAW
19.1 CONTRACTOR shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONTRACTOR uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONTRACTOR.
19.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 20 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
21 ENTIRE AGREEMENT AND AMENDMENTS
21.1 This Contract is the complete Agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
21.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONTRACTOR hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
21.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract.
9-11Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE LAND REPORTS COMPANY, RICK
(FREDERICK) JONES
Ronda Perez
City Manager
Rick (Frederick) Jones,
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
LAND REPORTS COMPANY, RICK
(FREDERICK) JONES
7100 Capistrano Avenue
West Hills, CA 91307
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
10-11Concord - Document ID: generated after first signature □Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
11-11Concord - Document ID: generated after first signature City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC SEWER
IMPROVEMENTS FOR COPART LOCATED AT 42425 40TH STREET
EAST
RECOMMENDATION
Staff recommends that the City Council:
1. Accept the Notice of Completion (NOC) for completed public sewer improvements for Copart located at 42425 40th Street East; and,
2. Authorize the City Manager or her designee to file a NOC and release the security for the completed public sewer improvements.
BACKGROUND
This project, bounded by 35th Street East to 40th Street East and Avenue L-4 to Avenue L-8, constructed public sewer improvements in 35th Street East within the City’s right-of- way. Improvements included a sewer mainline, laterals, and manholes. The public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.
DISCUSSION
The NOC is being brought forth in accordance with Section 16.110.060 of the Palmdale Municipal Code (PMC). This Council action will accept the public sewer improvements as complete and initiate the City’s release of applicable securities posted for this project per the City’s subdivision regulation.
The required public sewer improvements for the project are listed in Exhibit “A” and shown in Exhibits “B” and “C”, and have been completed to the satisfaction of the City Engineer as required in the Subdivision/Development Improvement Agreement between the developer and the City . After the developer fulfills a one-year maintenance period, Report to Mayor and City Council
Re: NOC Completed Public Improvements – Copart
July 10, 2024
the sewer improvements will be transferred from the developer to the City’s Maintenance Division.
FISCAL IMPACT
$2,000; the estimated additional maintenance and administrative costs are $2,000 annually. The sewer system’s asset life span is anticipated to be 50 to 75 years, with a replacement cost of $180,000. Funds are made available annually in the Sewer Maintenance budget to manage and maintain these assets.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
NOC 20-09
Exh A List of Completed Public Improvements 20-09
Exh B Site Map Location 20-09
Exh C Aerial Site Photo 20-09
RECORDING REQUESTED BY:
CITY OF PALMDALE
WHEN RECORDED MAIL TO:
CITY OF PALMDALE
OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:
1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is City of Palmdale, a Municipal Corporation.
3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.
4. The nature of interest or estate of the owner is: Sewer Improvements-Copart.
5. A work of improvement on the property hereinafter described was completed on May 20, 2024
6. The work done was: “Sewer Improvements-Copart”,
7. The name of the Contractor for such work of improvement: Copart Inc.
8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: West of 40th Street East North of Avenue L8.
9. The address of said property is: 42425 40th Street East.
Dated: July 10, 2024
CITY OF PALMDALE
Lynn Glidden, P.E. Director of Public Work
____________________________________________________________________________
VERIFICATION
I, the undersigned, say: I am the Director of Public Works , the declarant of the foregoing notice of completion; I have read the said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 10, 2024, in the City of Palmdale, California.
Lynn Glidden, P.E. Director of Public Works
EXHIBIT A
LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security
Copart PC 20-09 2290 LF $189,800 Sewer Improvement
EXHIBIT B
SITE MAP
EHX C
35th Street East, North of
Avenue L-8
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLI C SEWER AND DRAINAGE IMPROVEMENTS FOR TRACT 73068 LOCATED AT
PALMDALE BOULEVARD & OAK STREET
RECOMMENDATION
Staff recommends that the City Council:
1. Accept the Notice of Completion (NOC) for completed public sewer and drainage improvements for Tract 73068 located at Palmdale Boulevard & Oak Street; and,
2. Authorize the City Manager or her designee to file a NOC and release the security for the completed public sewer and drainage improvements.
BACKGROUND
This project, located on Palmdale Boulevard & Oak Street (52nd Street East), constructed public sewer and drainage improvements within Tract 73068 and within the City’s existing right-of-way on Palmdale Boulevard . Improvements included sewer mainline and manholes, storm drain mainline, laterals and manholes, and curb opening catch basins .
Said public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.
DISCUSSION
The NOC is being brought forth in accordance with Section 16.110.060 of the Palmdale Municipal Code (PMC). This Council action will accept the public sewer and drainage improvements as complete and initiate the release of applicable securities posted for this project per the City’s subdivision regulation.
The required public sewer and drainage improvements for the project are listed in Exhibit “A” and shown in Exhibit s “B” and “C”, and have been completed to the satisfaction of the City Engineer as required in the Subdivision/Development Improvement Agreement Report to Mayor and City Council
Re: NOC Completed Public Improvements – Tract 73068
July 10, 2024
between the developer and the City. After the developer fulfills a one-year maintenance period, the improvements along Palmdale Boulevard and within Tract 73068 will be transferred from the developer to the City’s Maintenance Division.
FISCAL IMPACT
$1,600; The estimated annual maintenance cost for the storm drain mainline and two associated catch basins is $1000. The asset lifespan of the storm drain assets is anticipated at 50 to 75 years, with an estimated replacement cost of $49,500. The referenced sanitary sewer system will be maintained with proportional funds collected through the annual sewer collection service charge (approximately $600 annually). The asset lifespan for the sewer infrastructure is the same, 50 to 75 years, with an estimated replacement cost estimate of $615,000. Funds are made available annually in the Street Maintenance and Sewer Maintenance budgets to manage and maintain these assets.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
NOC 21-31
Exh A List of Completed Public Improvements 21-31
Exh B Site Map Location 21-31
Exh C Aerial Site Map 21-31
RECORDING REQUESTED BY:
CITY OF PALMDALE
WHEN RECORDED MAIL TO:
CITY OF PALMDALE
OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:
1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is City of Palmdale, a Municipal Corporation.
3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.
4. The nature of interest or estate of the owner is: Sewer and Drainage Improvements- TR73068.
5. A work of improvement on the property hereinafter described was completed on May 22, 2024
6. The work done was: “Sewer and Drainage Improvements-TR73068”,
7. The name of the Contractor for such work of improvement: Maison’s Palmdale Blvd. 170, LP.
8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: Palmdale Boulevard and Oak Street.
9. The address of said property is: Tract 73068.
Dated: July 10, 2024
CITY OF PALMDALE
Lynn Glidden, P.E. Director of Public Work
____________________________________________________________________________
VERIFICATION
I, the undersigned, say: I am the Director of Public Works , the declarant of the foregoing notice of completion; I have read the said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 10, 2024, in the City of Palmdale, California.
Lynn Glidden, P.E. Director of Public Works
EXHIBIT A
LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security
TR73068 PC 21-31 10,700LF $740,700 Sewer Improvement
TR73068 SD 21-31 147 LF $40,100 Drainage Improvement
EXHIBIT B
SITE MAP
EHX C
Palmdale Blvd. & Oak Street
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: ADOPT RESOLUTION NO. CC 202 4-061, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE ADOPTING THE
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES , ACTING ON BEHALF OF THE
COUNTY AND OTHER COUNTY ENTITIES, THE BOARD OF
DIRECTORS OF THE ANTELOPE VALLEY CEMETERY DISTRICT,
THE BOARD OF TRUSTEES OF THE ANTELOPE VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT, THE BOARD OF
DIRECTORS OF COUNTY SANITATION DISTRICT NO. 20 OF LOS
ANGELES COUNTY, THE BOARD OF DIRECTORS OF THE
ANTELOPE VALLEY RESOURCE CONSERVATION DISTRICT, THE
CITY OF PALMDALE, AND THE BOARD OF DIRECTORS OF THE
ANTELOPE VALLEY -EAST KERN WATER AGENCY APPROVING
AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUES RESULTING FROM ANNEXATION 40-157 (34-46),
LOCAL AGENCY FORMATION COMMISSION DESIGNATION 202 3-
01, TO THE LOS ANGELES C OUNTY WATERWORKS DISTRICT
NO. 40, ANTELOPE VALLEY
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. CC 202 4-061, A, a Resolution of the City Council of the City of Palmdale adopting the Joint Resolution of the Board of Supervisors of the County of Los Angeles, acting on behalf of the County and other entities, the Board of Directors of the Antelope Valley Cemetery District, the Board of Trustees of the Antelope Valley Mosquito and Vector Control District, the Board of Directors of the Antelope Valley Resource Conservation District, the City of Palmdale, and the Board of Directors of the Antelope Valley-East Kern Water Agency approving and accepting negotiated exchange of property tax revenues resulting from Report to Mayor and City Council
Re: Resolution No. CC 2024-061
July 10, 2024
Annexation 40-157 (34-46), Local Agency Formation Commission Designation 2023-01, to the Los Angeles County Waterworks District No. 40, Antelope Valley;
2. Authorize the Mayor to execute the Joint Tax Sharing Resolution No. CC 2024- 061, approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of property designated as Annexation 40-157 (34- 46), local agency Formation Commission Designation 2023-01, to the Los Angeles County Waterworks District No. 40, Antelope Valley; and,
3. Authorize the Mayor to execute the Los Angeles County Joint Resolution, approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of property designated as Annexation 40-157 (34- 46), local agency Formation Commission Designation 2023-01, to the Los Angeles County Waterworks District No. 40, Antelope Valley.
BACKGROUND
In accordance with the Revenue and Tax Code (Sections 99 and 99.01), any time there is a jurisdictional change that results in a special district providing a new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive a portion of that property tax determined by resolution the amount of the annual tax increase to be transferred to that special district. The existing tax revenue based on the property’s assessed value received by agencies will not change.
Based on the increased property valuation assessment, this resolution only affects a percentage of future revenue agencies would receive.
DISCUSSION
The Los Angeles County Waterworks District has requested that the City enter into a tax-sharing agreement for the annexation of the following parcel numbers: 3022-026- 001, 3022-026-002, 3022-026-005, 3022-026-008 thru -010, 3022-026-013, 3022-024- 811, 3022-024-901, 3022-024-907, 3022-025-001, 3022-025-002, 3022-025-005, 3022- 025-006, 3022-025-010, 3022-025-013, and 3006-027-005, as shown in Attachment 1.
The proposed development is part of a proposed industrial warehouse project located at the intersection of Rancho Vista Boulevard and Lockheed Way (8th Street East). The development has requested annexation into the Los Angeles County Waterworks District. This annexation is a condition of the development’s entitlement and is required before receiving water service.
The execution of the attached Joint Resolution will approve the City’s tax-sharing agreement for annexing the subject property into the County Waterworks District No. 40 boundary. All public agencies and special districts receiving property tax revenues for these parcels execute and are party to the same Joint Resolution.
Report to Mayor and City Council
Re: Resolution No. CC 2024-061
July 10, 2024
Staff recommends that the City Council adopt Resolution No. CC 2024-061 authorizing the Mayor to execute the Joint Tax Sharing Resolution entitled Annexation No. 40-157 (34-46) with Los Angeles County Waterworks Districts No. 40 for the parcel.
FISCAL IMPACT
The current property tax share ratio for the City within this area of said property is
0.066224006 (6.6224%). This Council action will allocate 0.000331996 (0.0332%) of any future tax increase to the County Waterworks District No. 40. This results in a net City tax share rate of 0.065892010 (6.5892%). For example, a tax increase based on the assessed property value for these parcels will generate an additional $100 in total property tax. The City would receive an additional $6.5892 of this increase, and the County Waterworks District No. 40 would receive $0.0332. This allocation follows the State Revenue and Taxation Code, and the allocation formula is established and calculated by the County Auditor-Controller.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2024-061
Atch1 LA County Waterworks Transmittal Letter, Annex. No. 40-157 LA County Joint Reso. for Annex. No. 40-157
Tax Sharing Worksheet
Annexation Map No. 2023-01
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-061
A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES, ACTING ON BEHALF OF THE COUNTY
AND OTHER COUNTY ENTITIES, THE BOARD OF DIRECTORS OF
THE ANTELOPE VALLEY CEMETERY DISTRICT, THE BOARD OF
TRUSTEES OF THE ANTELOPE VALLEY MOSQUITO AND VECTOR
CONTROL DISTRICT, THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 20 OF LOS ANGELES COUNTY, THE
BOARD OF DIRECTORS OF ANTELOPE VALLEY RESOURCE
CONSERVATION DISTRICT, THE CITY OF PALMDALE, AND THE
BOARD OF DIRECTORS OF THE ANTELOPE VALLEY-EAST KERN
WATER AGENCY APPROVING AND ACCEPTING THE NEGOTIATED
EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM
ANNEXATION OF PROPERTY DESIGNATED AS ANNEXATION 40-
157 (34-46), LOCAL AGENCY FORMATION COMMISSION
DESIGNATION 2023-01, TO THE LOS ANGELES COUNTY
WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY
WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, in the case of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area may negotiate an exchange of property tax revenue generated in the area subject to the jurisdictional change and attributable to those local agencies; and
WHEREAS, the Board of Supervisors of the County of Los Angeles, acting as the governing body of the County of Los Angeles; the Los Angeles County Waterworks District No. 40, Antelope Valley; and the Consolidated Fire Protection District of Los Angeles County; together with the Board of Directors of the Antelope Valley Cemetery District, the Board of Trustees of the Antelope Valley Mosquito and Vector Control District, the Board of Directors of County Sanitation District No. 20 of Los Angeles County, the Board of Directors of the Antelope Valley Resource Conservation District, the City of Palmdale, and the Board of Directors of the Antelope Valley-East Kern Water Agency have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identified as Annexation 40-157 (34-46) to the Los Angeles County Waterworks District No. 40, Antelope Valley, is as set forth:
Resolution No. CC 2024-061
July 10, 2024
2 NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
SECTION 1. The County of Los Angeles; the Los Angeles County Waterworks District No. 40, Antelope Valley; the Consolidated Fire Protection District of Los Angeles County; the Antelope Valley Cemetery District; the Antelope Valley Mosquito and Vector Control District, the County Sanitation District No. 20 of Los Angeles County; the Antelope Valley Resource Conservation District, the City of Palmdale, and the Antelope Valley-East Kern Water Agency have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identified as Annexation 40-157 (34-46) is approved and accepted.
SECTION 2. For fiscal years commencing on or after July 1 , 2024, or the July 1 after the effective date of this jurisdictional change , whichever is later , the property tax revenue increment generated from the area within Annexation 40-157 (34-46) shall be allocated to the affected agencies as indicated in the enclosed worksheets (Exhibits C to F).
SECTION 3. No transfer of property tax revenues other than those specified in paragraph 2 shall be made as a result of Annexation 40-157 (34-46).
SECTION 4. If at any time after the effective date of this Joint Resolution, the calculations used herein to determine initia l property tax transfers, or the data used to perform those calculations, are found to be incorrect , thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year.
Resolution No. CC 2024-061
July 10, 2024
3 SECTION 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 10th day of July, 2024. _________________________________
Austin Bishop, Mayor
Approved as to form:
ATTEST:
___________________________ _________________________________ William P. Curley III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 10 th day of July, 2024 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, City Clerk
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 1
MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
JUNE 26, 2024
www.cityofpalmdale.org
1) CALL MEETING TO ORDER
Mayor Bishop called the meeting to order at 5:01 pm.
Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR BISHOP, MAYOR PRO TEM LOA, COUNCILMEMBERS OHLSEN, BETTENCOURT, ALARCÓN COMMISSIONERS FRAGA-SAENZ, BETTS
PRESENT: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Mayor Bishop announced that the meeting would be adjourned in honor of Firefighter Andrew Pontious.
Mayor Pro Tem Loa led the pledge of allegiance.
4) PUBLIC COMMENTS
CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION:
Public Comments: None.
Councilmember Alarcón suggested hearing the consent calendar at this time. There was no Council consensus.
Mayor Pro Tem Loa requested that Joint Public Hearing Item 7.1 be heard at this time. There was Council consensus.
5) CONSENT CALENDAR
5.1) Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 2
5.2) Approve Project Authorization A under Master Services Agreement with NBS Government Finance Group to provide Assessment District and Community Facility District administration, other related consulting services, and continuing disclosure services in an amount not to exceed $1,160,000 for a term of five (5) years.
5.3) Approve Purchase Order 20250000 with Amazon Capital Services, Inc. dba Amazon Business in an amount not to exceed $217,000 for FY 2024-25.
5.4) Adopt Resolution No. CC 2024 -053, a Resolution of the City Council of the City of Palmdale establishing an appropriations limit for Fiscal Year 2024-25 pursuant to Article XIII B of the California Constitution and repeal Resolution No. CC 2023-042.
5.5) Approve Agreement with Hinderliter, de Llamas & Associates (HdL) for Sales, Use, and Transaction Tax Audit and Information Services in an amount not to exceed $262,000 for a five (5) year term.
5.6) Approve agreement with Pro West and Associates, Inc. to provide Geographical Information System (GIS) services in a not to exceed amount of $300,000 for a three (3) year term.
5.7) Adopt Resolution No. CC 2024 -060, a Resolution of the City Council of the City of Palmdale approving the Salary and Benefits Policy.
5.8) Adopt Resolution No. CC 2024 -063, a Resolution of the City Council of the City of Palmdale approving the application for specified grant funds from the Budget Act of 2023, 19.561(B)(14), as clarified by Assembly Budget Committee Letter dated May 8, 2024: Improvements and Maintenance to any City Park in the City of Palmdale.
5.9) Award Invitation for Bid and approve requisition with Hasa, Inc. for pool chemical supplies in an amount not to exceed $212,500 for Fiscal Year 2024- 2025.
5.10) Award Invitation for Bid and approve requisition with Morgan Ingland LLC for commercial streetlight poles in an amount not to exceed $227,487 Fiscal Year 2024-2025.
Councilmember Alarcón pulled this item for discussion.
Director of Public Works Glidden provided an overview of the item.
The Council and staff discussed replacing streetlight poles, traffic speed, solar-powered streetlights, a feasibility study, and converting park lights to solar.
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 3
Motion: Award Invitation for Bid and approve requisition with Morgan Ingland LLC for commercial streetlight poles in an amount not to exceed $227,487 Fiscal Year 2024-2025.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
5.11) Award Invitation for Bid and approve Requisition with Walsma Oil Company, Inc. for Bulk Diesel and unleaded fuel in an amount not to exceed $650,000 for Fiscal Year 2024-2025.
5.12) Approve Consultant Agreement with Transtech Engineers, Inc. for Acting City Engineer and Traffic Engineer staff augmentation support services in the amount of $222,300 for a term of nine months.
5.13) Adopt Resolutions initiating the Tuesday, November 5, 2024, City of Palmdale General Municipal Election: Adopt Resolution No. CC 2024 -043, a Resolution of the City Council of the City of Palmdale, California, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain Officers as required by the provisions of the City of Palmdale Charter; Adopt Resolution No. CC 2024 -044, a Resolution of the City Council of the City of Palmdale, California, requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and, Adopt Resolution No. CC 2024 - 045, a Resolution of the City Council of the City of Palmdale, California, adopting regulations for Candidates for Elective Office pertaining to Candidate Statements submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024.
5.14) Approve Agreement with Konica Minolta Business Solutions USA, Inc. for document imaging and indexing services for a not to exceed amount of $681,120 for a term of three (3) years with the option to extend for two additional terms of one (1) year each.
5.15) Approve the minutes from the previous meeting.
Motion: Approve all items listed under the Consent Calendar with the exception of item 5.10.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 4
6) JOINT CONSENT CALENDAR CC/SA/HA/IDA/PAA/PCA/PFA
6 . 1 ) Adopt Joint Resolution of the City Council of the City of Palmdale No. CC 2024-062, Successor Agency to the Community Redevelopment Agency of the City of Palmdale No. SA 2024 -013, the Palmdale Civic Authority No. PCA 2024-002, the Housing Authority of the City of Palmdale No. HA 2024-005, the Industrial Development Authority No. IDA 2024 -002, the Palmdale Airport Authority No. PAA 2024-002, the Palmdale Financing Authority No. PFA 2024- 004, collectively the Approving Legislative Bodies (ALB) authorizing the City Manager to bind insurance coverage annually for the approved legislative bodies.
6 . 2 ) Approve the minutes from the previous meetings.
Motion: Approve all items listed under the Joint Consent Calendar.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (7-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
7) JOINT PUBLIC HEARING ITEM CC/SA/HA/IDA/PAA/PCA/PFA
7.1) Adopt Joint Resolution of the City Council of the City of Palmdale No. CC 2024-064, the Successor Agency to the Community Redevelopment Agency of the City of Palmdale No. SA 2024 -012, the Palmdale Civic Authority No. PCA 2024-001, the Housing Authority of the City of Palmdale No. HA 2024-004, the Industrial Development Authority No. IDA 2024 -001, the Palmdale Airport Authority of the City of Palmdale No. PAA 2024-001, and the Palmdale Financing Authority No. PFA 2024-003 approving and adopting the City of Palmdale’s Annual Budget for Fiscal Year 2024-25, and approving revenue and expenditure adjustments to Fiscal Year 2023-24; Adopt Resolution No.
CC 2024-066, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Schedule for general positions; Adopt Resolution No. CC 2024 -067, a Resolution of the City Council of the City of Palmdale amending the Classification and Pay Plan for bargaining unit positions; Adopt Resolution No. CC 2024-068, a Resolution of the City Council of the City of Palmdale amending the Classification and Pay Plan for Parks and Recreation Unbenefited positions; and, Adopt Resolution No. CC 2024- 069, a Resolution of the City Council of the City of Palmdale amending the Classification and Pay Plan for Y-Rated positions.
City Clerk Scott read the resolution titles for Joint Resolution Nos. CC 2024 - 064, SA 2024-012, PCA 2024-001, HA 2024-004, IDA 2024-001, PAA 2024- 001, PFA 2024-002, and CC 2024-066, CC 2024-067, and CC 2024-068.
Mayor Bishop opened the Public Hearing and called for public testimony.
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 5
Public Testimony: None
Mayor Bishop closed the Public Hearing.
Motion: Adopt Resolution No. HA 2024-004
Moved by Richard J. Loa, seconded by Christina Fraga-Saenz.
Vote: Motion carried (7-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
Council expressed their support for the balanced budget and the employees.
There was Council and staff discussion regarding park facilities, mental health budget allocation, business retention budget allocation and outreach, recreational scholarships and outreach, and domestic violence programming and shelter. City Manager Perez spoke about the Parks Master Plan that would be brought to the Council in July and pointed out to the Council/Commissioners the Measure AV budget showing park funding .
Director of Operations Samson provided an explanation for the mental health budget allocation and rollover. City Manager Perez spoke regarding fund allocations for business retention, recreational scholarships, veteran support, and the three -year plan for a domestic violence shelter. Neighborhood Services Director Reyes spoke regarding the non -profit partnerships, confidential location, and domestic violence programming and shelter.
City Manager Perez read Resolution No. CC 2024 -069 into the record and mentioned that a corrective memo was distributed to the Council.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
Motion: Adopt Joint Resolution Nos. CC 2024-064, SA 2024-012, PCA 2024-001, IDA 2024-001, PAA 2024-001, PFA 2024-003 and CC 2024-067, CC 2024-068, and CC
2024-069
Moved by Richard J. Loa, seconded by Eric Ohlsen.
Mayor Bishop recessed the meeting from 5:53 pm - 6:01 pm.
Mayor Bishop presented Captain Bardon with a certificate for the 26th Anniversary of the Palmdale Sheriff’s Station.
8) PUBLIC HEARING
8.1) Adopt Resolution No. CC 2024 -059, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule of Fees and repealing all prior enactments inconsistent with this Resolution.
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 6
City Clerk Scott read the title of Resolution No. CC 2024-059.
Mayor Bishop opened the Public Hearing and called for public testimony.
Public Testimony: None.
Mayor Bishop closed the Public Hearing.
There was Council and staff discussion regarding the Co nsumer Price Index (CPI) increase.
Motion: Adopt Resolution No. CC 2024-059, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule of Fees and repealing all prior enactments inconsistent with this Resolution.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
8.2) Introduce and Adopt Ordinance No. 1643, an Ordinance of the City Council of the City of Palmdale, approving General Plan Amendment 24 -0002, Zone Change 24-0002, and Comprehensive Development Plan 24 -0003 finding that the project is consistent with Program Environmental Impact Report 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045) and direct staff to make necessary modifications to the Palmdale Transit Area Specific Plan.
City Clerk Scott read the title of Ordinance No. 1643.
A motion was made and carried unanimously to introduce Ordinance No. 1643. Planning Manager Magana presented the staff report.
Mayor Pro Tem Loa spoke regarding the benefits of adopting this item.
Mayor Bishop opened the Public Hearing and called for public testimony
Public Testimony: None.
Mayor Bishop closed the Public Hearing.
Motion: Adopt Ordinance No. 1643, approving General Plan Amendment 24- 0002, Zone Change 24 -0002, and Comprehensive Development Plan 24 -0003 finding that the project is consistent with Program Environmental Impact Report 22-002 prepared and certified in conjunction with the City's General Plan (Palmdale 2045) and direct staff to make necessary modifications to the Palmdale Transit Area Specific Plan.
Moved by Andrea Alarcón, seconded by Laura Bettencourt.
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 7
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
9) CITY MANAGER’S REPORT
City Manager Perez reported on the following: AV Taco Festival; Seasons of Service event; Juneteenth event; 4th of July celebration; Summer Concerts; Club Pilates grand opening; and encouraged citizens to sign up for Alert Palmdale to help the City communicate with citizens in the event of a natural disaster, emergency, or power outage.
10) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE
AGENDA ITEMS
Councilmember Ohlsen received an update on the feasibility study for the Sheriff's contract. Also, he requested a subcommittee on Criminal Justice and a committee on Pioneering Economic Development. The committees will include two members of the Council.
Councilmember Alarcón requested an update on the AVAQMD vs USEPA litigation, provided an update on the relinquishment of Palmdale Boulevard, and suggested that the City move forward with a grant program for non -profit and community organizations using independent oversight and management.
Mayor Pro Tem Loa requested that item 12.1 be moved over to the second meeting in July. There was Council consensus.
11) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public input: Eugene Hernandez commented on Councilmember Alarcón’s lack of constituent support. Councilmember Alarcón responded; Tony spoke about speed humps being added to Vista Leon and Olive Drive; Lou Walker , Influential Arts and the National Action Network, requested information on the Courson Arts Colony Apartments and programs; Roger Soderstedt commented on the positive response of Council to their constituents; and Jorge Ventura thanked the City for partnering with them on the taco festival and spoke about the successful event.
Councilmember Ohlsen commented on the taco festival and recommended widening the sidewalks for ADA compliance. Councilmember Bettencourt spoke about parking issues at the taco festival and suggested allowing parking at the Hammack Center and shuttling citizens over.
12) PRESENTATION BY CITY ATTORNEY
There was Council consensus to move Item 12.1 to the second meeting in July.
12.1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
CC/SA/IDA/PAA/PCA/PFA – June 26, 2024 – 5pm 8
Title: City Attorney
Name: William P. Curley, III
This closed session is being held pursuant to the authority of California Government Code Section 54957.
13) ANNOUNCEMENT BY CITY ATTORNEY
None.
14) ADJOURN
Mayor Bishop adjourned the meeting at 6:45 pm, in honor of firefighter Andrew Pontious, to July 10, 2024, at 5:00 pm in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 10th day of July 2024.
Austin Bishop, Mayor
ATTEST:
Rochelle Scott, City Clerk
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 1, 2
SUBJECT: ADOPT RESOLUTION NO. CC 202 4-034, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE
ENGINEER’S REPORT AND THE CONTINUATION OF THE LEVY
AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-
2025 FOR THE CITY OF PALMDALE DRAINAGE BENEFIT
ASSESSMENT DISTRICTS NO. 1 AND NO. 2006-02
RECOMMENDATION
Staff recommends that the City Council:
1. Hold a public hearing to accept public testimony;
2. Approve the annual Engineer’s Report;
3. Adopt Resolution No. CC 2024-034, a Resolution of the City Council of the City of Palmdale approving the Engineer’s Report and the continuation of the levy and collection of assessments for Fiscal Year 2024-2025;
4. Authorize the Mayor to executeResolution No. CC 2024-034, a Resolution of the City Council of the City of Palmdale approving the Engineer’s Report and the continuation of the levy and collection of assessments for Fiscal Year 2024-2025; and,
5. Order the Engineer of Work to file the assessment with the Los Angeles County Auditor.
Report to Mayor and City Council
Re: Adoption of Resolution No. CC 2024-034
July 10, 2024
BACKGROUND
The Anaverde and Ritter Ranch developments required the formation of a Drainage Benefit Assessment District (DBAD) as a condition of approval to provide the funds to maintain the drainage facilities for the developments. As a result, the formation of the Anaverde DBAD No. 1 was approved by the property owners on May 12, 2004, and the Ritter Ranch DBAD No. 2006-02 was approved by the property owners on January 3, 2007, respectively, pursuant to mailed ballot elections conducted in accordance with Article XIIID of the California Constitution.
The DBADs fund the installation, construction, or maintenance of any authorized improvements under the Benefit Assessment Act of 1982 (California Government Code Section 54703 et seq.), including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
DISCUSSION
On May 1, 2024, the City Council took the first step to continue assessing the levies for Fiscal Year 2024-2025 by adopting Resolution No. CC 2024-032, which directed NBS, the Engineer of Work, to prepare the annual Engineer’s Report for DBAD No. 1 and No. 2006-02 for Fiscal Year 2024-2025.
On June 5, 2024, the City Council took the second step by adopting Resolution No. CC 2024-033, which provided the intention to continue the assessments for Fiscal Year 2024- 2025, preliminarily approved the Engineer’s Report prepared by NBS, and established the date, time, and place of a public hearing to receive testimony regarding the continued assessments to be placed on Los Angeles County tax rolls.
The City Council will conduct the third and final step by holding the Public Hearing regarding the final approval of the Engineer’s Report and the ordering of the levies for Fiscal Year 2024-2025. Following the Public Hearing, the City Council will consider adoption of Resolution No. CC 2024-034, which approves the Engineer’s Report for Fiscal Year 2024-2025 for the DBAD No. 1 and No. 2006-02, and continuing the levy and collection of assessments by placing them on the Los Angeles County tax rolls.
The Engineer’s Report contains the information required by the Benefit Assessment Act of 1982 and Article XIIIC and XIIID of the California Constitution (Proposition 218) determining the special benefit to property owners within the DBAD No. 1 and No. 2006- 02, identifying the methodology for assigning assessments to each parcel, and estimating the cost for improvements. The Engineer’s Report establishes the important foundation and justification for the continued collection of the Fiscal Year 2024-2025 assessments.
Report to Mayor and City Council
Re: Adoption of Resolution No. CC 2024-034
July 10, 2024
FISCAL IMPACT
$148,200; Revenues are based on the annual CPI increase of 3.36%, the total proposed assessment for both Districts is approximately $148,200. The annual Engineer’s Report indicates the proposed assessments for DBAD No. 1 and No. 2006-02 for Fiscal Year 2024-2025 and is included as an attachment.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
B. Establish healthy reserves for ongoing replacement and repair of capital assets while stabilizing annual spending.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2024-034
Rpt. Fiscal Year 2024-25 Engineer’s Report; Drainage Benefit Assessment Districts
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE ENGINEER’S REPORT AND THE CONTINUATION OF
THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2024-2025 FOR THE CITY OF PALMDALE DRAINAGE BENEFIT
ASSESSMENT DISTRICTS NO. 1 AND NO. 2006-02
WHEREAS, on May 1, 2024, the City Council of the City of Palmdale adopted Resolution No. CC 2024-032, titled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALMDALE DIRECTING PREPARATION OF THE ANNUAL ENGINEER'S
REPORT FOR THE CONTINUATION OF THE ANNUAL LEVY OF ASSESSMENTS AND DESIGNATING THE ENGINEER OF WORK FOR FISCAL YEAR 2024-2025 FOR THE DRAINAGE BENEFIT ASSESSMENT DISTRICTS NO. 1, AND NO. 2006-02,” whereby the City Council proposed the continuation of the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02 (the “Districts”) pursuant to the "Benefit Assessment Act of 1982" (the “Act”), being Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (commencing with Section 54703 thereof); and
WHEREAS, Resolution No. CC 2024-032 designated NBS as the Engineer of Work for purposes of these proceedings (the “Engineer of Work”) and ordered the Engineer of Work to prepare an Engineer’s Report (the “Report”) in accordance with the Act and Article XIIID of the California Constitution; and WHEREAS, the Report was duly made and filed with the City Clerk, and duly considered by this City Council and found to be sufficient in every particular, whereupon it was determined that the Report should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that July 10, 2024 at the hour of 5:00 p.m. at the City Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, California, was appointed as the time and place for a hearing by this City Council on the question of the levy of the proposed assessment, notice of which hearing was given as required by law; and
WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the continuation of the levy were fully heard and considered by this City Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this City Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Report to pay the costs and expenses thereof.
Resolution No. CC 2024-034
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The public interest, convenience and necessity require that the continuation of the levy be made.
SECTION 3. The land within the Districts will be specially benefited by the operation, maintenance, and servicing of drainage and appurtenant facilities, located in public places within the boundaries of the Districts.
SECTION 4. The parcels within the Districts are assessed to pay the costs of the improvements and expenses thereof, and the exterior boundaries thereof, are as shown by a diagram thereof filed in the office of the City Clerk, which diagram is made a part hereof by reference thereto.
SECTION 5. The City Council hereby orders the improvements to be maintained as set forth in the Report, which improvements are described as follows: installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
SECTION 6. The assessments are in compliance with the provisions of the Act and Article XIIID of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIIID of the California Constitution.
SECTION 7. Reference is hereby made to the Report for a full and detailed description of the improvements, the boundaries of the Districts, and the proposed assessments upon assessable lots and parcels of land within the Districts. The Report as a whole and each part thereof, to wit:
i. the estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; ii. the diagram showing the Districts, plans and specifications for the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within the Districts; and iii. the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Districts in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, Resolution No. CC 2024-034
and of the expenses incidental thereto are finally approved and confirmed.
SECTION 8. Final adoption and approval of the Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the Report as hereinabove determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof as amended, modified, revised, or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this City Council.
SECTION 9. The assessment to pay the costs and expenses of the maintenance of the improvements for Fiscal Year 2024/2025 is hereby levied.
SECTION 10. Based on the oral and documentary evidence, including the Report, offered and received at the hearing, this City Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements in the amount of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefit.
SECTION 11. Immediately upon the adoption of this resolution, but in no event later than August 10 following such adoption, the Engineer of Work shall file the assessment and a certified copy of this resolution with the Los Angeles County Auditor (the “Auditor”). Upon such filing, the Auditor shall enter on the Los Angeles County (the “County”) assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment.
SECTION 12. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of taxes shall apply to the collection and enforcement of the assessments.
After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Districts.
SECTION 13. The money representing assessments collected by County shall be deposited in the City Treasury to the credit of the special fund known as "Improvement Fund" previously established under the distinctive designation of each of the Districts.
Moneys in the Improvement Fund shall be expended only for the maintenance, operation, and servicing of the drainage and appurtenant facilities for each of the Districts.
SECTION 14. The adoption of this resolution constitutes the continuation of the levy of assessments for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.
SECTION 15. This Resolution shall take effect immediately upon its adoption. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. CC 2024-034
PASSED, APPROVED and ADOPTED this 10th day of July, 2024. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 10 th day of July, 2024 by the following roll call vote:
AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT:___________________________ Date: ______________________________ _____________________________ Rochelle Scott, City Clerk
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2024/25 Engineer’s Report For:
Drainage Benefit Assessment Districts
May 2024
TABLE OF CONTENTS
1. Engineer’s Letter ............................................................................................................. 1
2. Introduction ................................................................................................................... 2 Background .............................................................................................................. 2 Process for Annual Assessment .............................................................................. 2 Legislative Context .................................................................................................. 3
3. Plans and Specifications .................................................................................................. 6
4. Estimate of Costs ............................................................................................................ 7
5. Method of Apportionment.............................................................................................. 9 Special Benefit ......................................................................................................... 9 General Versus Special Benefit ............................................................................. 10 Quantification General Benefit ............................................................................. 10 Method of Assessment.......................................................................................... 11 Cost of Living Inflator ............................................................................................ 12 Fiscal Year 2024/25 Maximum Assessment .......................................................... 13 Duration of Assessment ........................................................................................ 13 Appeals and Public Hearing ................................................................................... 13
6. Assessment Diagram ..................................................................................................... 14
7. Assessment Roll ............................................................................................................ 15
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 2
2. INTRODUCTION
Background
The City provides maintenance and servicing of certain publicly owned stormwater detention and drainage basins throughout the City. In order to fund the maintenance of these projects and improvements, the City has formed two Drainage Benefit Assessment Districts covering an area of approximately 6,600 acres and approximately 1,470 parcels. The Districts have been formed and the levies have been made pursuant to Section 54703 et seq. of the California Government Code, commonly known as the Benefit Assessment Act of 1982, and Article XIII D of the California Constitution (the “Article XIII D”).
Drainage Benefit Assessment District No. 1 (“DBAD No. 1”) (Anaverde Master Planned Community Avenue S at Approximately 20th Street West) is located within the Anaverde Master Planned Community at Avenue S and approximately 20th Street West. Drainage Benefit Assessment District No. 2006-02 (“DBAD No. 2006-02”) (Ritter Ranch Master Planned Community, Phase I through phase V, South of Elizabeth Lake Road at Approximately 40th Street West) is located within the Ritter Ranch Master Planned Community along Elizabeth Lake Road and west of the Anaverde Community.
Drainage Benefit Districts
District
Tract/Parcel
Map Land Use General Location
DBAD No. 1 Anaverde Residential 20th Street West and Avenue S DBAD No. 2006-02 Ritter Ranch Residential/
Commercial Elizabeth Lake Road and Ranch Center Drive
The Districts were formed in previous years; DBAD No. 1 was formed in 2004 and DBAD No. 2006-02 was formed in 2007. The developments required the formation of a drainage benefit assessment district as a condition of approval in order to provide the funds to maintain the drainage facilities for the developments. As a result, the formation of the Districts was approved by the property owners (on May 12, 2004 and January 3, 2007, respectively) pursuant to mailed ballot elections conducted in accordance with the Act and Article XIII D.
Process for Annual Assessment
In each subsequent year for which the assessment will be continued, the City Council may direct an Engineer’s Report to be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Districts.
The City Council may also annually adopt a resolution of intention which:
• Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein.
• Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 3 • Refers to the assessment district by its distinctive designation and indicates the general location of the district.
• Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment.
• States whether the assessment is proposed to increase from the previous year.
If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published.
Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218.
The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
Legislative Context
In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments.
Article XIII D imposes four basic substantive requirements on assessments1:
• All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified;
• The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit.
1 California Constitution Article XIII D Section 4.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 4 Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below.
GENERAL BENEFIT
Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable.
The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011) (Golden Hills)2 clarified this concept by stating, “Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” The Court of Appeal in Beutz v. County of Riverside (2010) (Beutz)3 quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”
The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (SVTA) 4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors.
BENEFIT-BASED NOT COST-BASED
In Bonander v. Town of Tiburon (2009) (Tiburon)5, the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “Proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.”
The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.”
2 Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) 3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007)
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 5
PUBLIC PROPERTY
Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed.
The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017) (Manteca)6 clarified this issue by stating, “section 4, subdivision (a) of article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.”
IMPRECISION
The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied.”
6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017)
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 6
3. PLANS AND SPECIFICATIONS
The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the Districts defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows:
Article XIII D of the California Constitution defines "maintenance and operation expenses" as, "the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement" (hereafter referred to as the “improvements”). The Districts funding includes, but is not limited to, the removal, repair, replacement and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and operation of the drainage improvements benefiting Districts parcels.
The improvements for DBAD No. 1 consist of five drainage basins (DB) located just outside of DBAD No. 1 along the southern boundary of DBAD No. 1, DB No. 1 (0.5 acres), DB No. 2 (0.5 acres), DB No. 5 (10.0 acres), DB No. 6 (3.0 acres), and DB No. 7 (4.0 acres). There is also one drainage basin located on the northern side of the California Aqueduct, DB No. 9 (15.0 acres).
The improvements for DBAD No. 2006-02 consist of 126,658 cubic feet of drainage basin/storm water improvements which are detailed in the Ritter Ranch Specific Plan on file with the City.
Plans and Specifications for the improvements of the Districts are voluminous and are not bound in this Engineer’s Report but by this reference are incorporated and made a part of this Engineer’s Report. The Plans and Specifications are on file in the office of the Director of Public Works where they are available for public inspection.7
7 As detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 7
4. ESTIMATE OF COSTS
Fiscal Year 2024/25 estimated costs of maintenance and servicing the improvements as described in the Plans and Specifications are summarized below. The full itemized budget for the Districts is voluminous and is not bound in this Engineer’s Report but by reference is incorporated and made a part of this Engineer’s Report. The itemized budget is on file in the Department of Public Works, where it is available for public inspection. The tables below show the budget summary for each District.
Drainage Benefit Assessment District No. 1 Budget
Description
Proposed
FY 2024/25 Costs
Direct Maintenance Costs $55,355.41
Other Costs 20,482.43
Estimated Expenditures $75,837.84
Fiscal Year 2024/25 Net Amount to be Assessed $75,837.84 Total Equivalent Dwelling Units (EDUs) 1,417.00
Total Parcels 1,417
Total Cost Per EDU $53.52
Maximum Rate per EDU $53.52
Drainage Benefit Assessment District No. 2006-02 Budget Description
Proposed
FY 2024/25 Costs
Direct Maintenance Costs $52,812.16
Other Costs 19,533.26
Estimated Expenditures $72,345.42
Fiscal Year 2024/25 Net Amount to be Assessed $72,345.42 Total Equivalent Dwelling Units (EDUs) 6,588.85
Total Parcels 32
Total Cost Per EDU $10.98
Maximum Rate per EDU $56.66
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 8 The following cost descriptions apply to the budget8:
DIRECT COSTS
Maintenance Costs. Labor, Material, and Equipment - Includes all labor, material, and equipment required to properly maintain and service the drainage structures, and appurtenant facilities within the district, including the maintenance and servicing of fencing, and drainage facilities. All improvements within the district will be maintained and serviced on a regular basis. City staff will determine the frequency and specific maintenance operations required.
Utilities. Gas and Electric - The furnishing of electricity and gas required for the operation of the drainage structures, and appurtenant facilities such as pumps.
Renovation. Repairs, which are unforeseen and not normally included in the yearly maintenance cost. This may include repair of damage due to vandalism, storms, and frost. Planned upgrades of the improvements that provide a direct benefit to the district could also be included in renovation costs.
OTHER COSTS
Personnel/Overhead. The cost of City staff for providing the coordination for maintenance and servicing, responding to public concerns, and levying and collecting assessments. This includes reimbursement for time spent by Finance and Accounting, the City Attorney, the City Manager, and the Public Works staff.
Consultants. The cost of contracting with professionals to provide services specific to the levy and annual administration.
Professional Fees. These are the costs of contracting with professionals for annual certification of all irrigation back flow devices, and for professionals to provide any additional administrative or engineering services specific to the district such as the cost to prepare and mail notices of the public meeting and hearing, or preparation of assessment diagrams.
County Administration Fees. The costs charged by the County to place the assessments on the property tax rolls.
8 As detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 9
5. METHOD OF APPORTIONMENT
The following section includes an explanation of the benefits to be derived from the installation, maintenance and servicing of the improvements throughout each District, as well as a description of the assessment methodology used to apportion the total assessment to properties within each District.
Previous annual Engineer’s Reports were prepared by a different engineer of record and specific language from the prior year Engineer’s Report9 has been referenced to describe the Method of Apportionment within the following section of this report.10 The Districts consist of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this report and the parcels identified by the Assessor Parcel Numbers listed with the included levy roll. The parcel list includes all privately and publicly owned parcels with the boundaries. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the Districts over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.
Special Benefit
The improvements are expected to confer certain special benefits to parcels within each District. Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows:
Each and every parcel within the Districts receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements.
First, all of the improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the City of Palmdale required the developer to install and guarantee the maintenance of storm water control structures and appurtenant facilities to serve the parcels. Therefore, each and every parcel within the Districts could not have been developed in the absence of the installation and promised maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the nature of the improvements. The proper maintenance of storm water control and appurtenant facilities specially benefit parcels within the Districts by alleviating excess water during periods of rain. This allows individual parcels to be used to their fullest extent. All of the above- mentioned improvements contribute to a specific enhancement of each of the parcels within the Districts.
9 Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020 (“Prior Engineer’s Report”). 10 Method of Apportionment and subsections as detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 10 General Versus Special Benefit
General benefit is an overall and similar benefit to the public at large resulting from the improvements to be maintained by the assessments levied. Within the Prior Engineer’s Report, the Engineer found that while the overwhelming majority of the benefit was special, there was a small amount of general benefit.
Specific language describing the relationship and proportion of Special Benefit versus General Benefit from the Prior Engineer’s Report has been included below:
In addition to the special benefits received by the parcels within the Districts, there are incidental general benefits conferred by the improvements.
The total benefits are thus a combination of the special benefits to the parcels within the Districts and the general benefits to the public at large and to adjacent property owners. The portion of the total drainage maintenance costs, which are associated with general benefits, will not be assessed to the parcels in the Districts, but will be paid from other City Funds.
Because the drainage facilities are located immediately adjacent to properties within the Districts and are maintained solely for the benefit of the properties within the Districts, any benefit received by properties outside of the Districts is merely incidental. It is estimated that the general benefit portion of the benefit received from the improvements for the Districts are less than one (1) percent of the total benefit. Nonetheless, the City has agreed to ensure that no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property.
Quantification General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general.
General benefits cannot be funded by these assessments – the funding must come from other sources.
The maintenance and servicing of these improvements is also partially funded, directly and indirectly from other sources including the City of Palmdale, Los Angeles County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). The funding from other sources more than compensates for general benefits, if any, received by the properties within the Districts.
STEP 1 – CALCULATE GENERAL BENEFIT
The general benefits from this assessment may be quantified as illustrated in the following table.
Calculation of General Benefit(1)
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Increased safety from flood control 10 25% 2.5
Creation of individual lots for development or approval of building permits 90 0% 0
100 2.5
Total Calculated General Benefit = 2.5%
(1) Per the Prior Engineer’s Report.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 11 As a result, the City will contribute at least 2.5% of the total budget from sources other than the assessment. The following contribution offsets any general benefits from the assessment services.
STEP 2 – CALCULATE THE CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY Pursuant to the Prior Engineer’s Report, this general benefit contribution is the sum of the following components:
The City owns, maintains, rehabilitates and replaces curb and gutter along the border of the Districts’ improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.
The City owns and maintains a storm drainage system along the border of the Districts’ improvements. This system serves to prevent flooding and associated damage to the improvements and manage urban runoff including local pollutants loading from the improvements. The contribution from the City towards general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 1%.
The City owns and maintains local public streets along the border of the Districts’ improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.
The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 25%.
Therefore, the total general benefit is conservatively quantified at 2.5% which is more than offset by the total non-assessment contribution towards general benefit of 28%.
Method of Assessment
The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. (As part of the transition between assessment engineers in 2010/2011, the existing methodology was reviewed and confirmed, and fundamentally maintained with some minor updates.) The precise language from the Prior Engineer’s Report has been provided below:
The Districts assessments are based on land use so that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of the parcels expected to exist in the Districts. In the event there is a question regarding the land use designation of any parcel in the Districts the Director of Public Works will be responsible for administratively assigning one of the land uses listed below.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 12 • Residential Single family residential parcels
• Condo Condominium or town home parcels
• Non-Res Non-residential parcels
• Exempt Parcels exempt by law from the assessment, or those parcels that do not benefit from the improvements
For DBAD No.1, in a single-family residential district, all the parcels in the Districts receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements. Therefore, each parcel is assessed an equal amount.
Storm drain improvements intercept storm runoff from the properties and convey the runoff through the area in a controlled manner providing flood protection. To properly serve development in the Districts the developers were required to provide storm water retention/detention basins within their projects.
Since storm runoff is a function of area the special benefit shall be apportioned to the respective developed lots or parcels in the Districts on a gross acreage basis net of arterial and collector streets. Within a residential tract, once the improvements have been allocated based on acreage as described above, it will be apportioned further based on the number of similar lots or parcels or multi-family units such that each lot or parcel or unit is assessed an equal amount. Within non- residential developments, the improvement costs shall be apportioned based on net parcel area.
Parcels in the Districts will be assigned a weighting factor known as an equivalent dwelling unit (EDU). This method is used to relate dissimilar land uses such as non-residential and residential.
Single family residential parcels are assigned an EDU of 1.0. The total number of EDUs in a District is divided into the total balance to levy for the district. This establishes the levy per EDU (rate). The rate is then multiplied by the parcel's individual number of EDUs to establish the parcel's levy amount.
The following table shows the EDU factors for each parcel type in the Districts.
Property Type Factor Basis
Developed/Vacant Residential 1.00 Parcel
Developed/Vacant Multi-Family 1.00 Unit
Developed/Vacant Non-Residential 6.00 Acre
Cost of Living Inflator
Annually, the assessment rates for the Districts may be increased, based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles-Long Beach-Anaheim Area ("CPI”), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Assessment Engineer shall compute the percentage difference between the CPI for February of each year and the CPI for the previous February and shall then adjust the existing assessment rates by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 13 preparation of such index, the Assessment Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. 11 The annual calendar year percentage change in the CPI applicable to the Fiscal Year 2024/25 assessment is
3.36%, based on the increase of the February 2023 to February 2024 CPI of 3.36%.
Fiscal Year 2024/25 Maximum Assessment
The maximum authorized assessment rate for Fiscal Year 2024/25 is increased by 3.36% which equates to $53.52 per EDU for DBAD No. 1 and $56.66 per EDU for DBAD No. 2006-02. Each District’s budget, provided in the Estimate of Costs section of this Engineer’s Report, proposes assessments for Fiscal Year 2024/25 at the rate of $53.52 per EDU for DBAD No. 1, which is equal to the maximum authorized assessment rate, and $10.98 per EDU for DBAD No. 2006-02 which is less than the maximum authorized assessment rate.
Duration of Assessment
DBAD No. 1 was formed in 2004 and DBAD No. 2006-02 was formed in 2007. It is proposed that the assessments be continued every year thereafter, so long as the drainage improvements need to be maintained and improved, and the City requires funding from the assessments for these improvements in each District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment.
Appeals and Public Hearing
Any property owner who feels that the assessment levied on the subject property is in error, as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City of Palmdale Public Works Department. Any such appeal is limited to correction of an assessment during the then current fiscal year or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City of Palmdale Public Works Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Engineer of the City of Palmdale or her or his designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Engineer or her or his designee shall be referred to the Director of Public Works of the City of Palmdale, and the decision of the Director of Public Works of the City of Palmdale shall be final.
11 As detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 14
6. ASSESSMENT DIAGRAM
The boundaries of the Districts are displayed on the following Assessment Diagram. The lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Engineer’s Report was prepared, and are incorporated by reference herein and made part of this Engineer’s Report.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2024/25 Engineer’s Report 15
7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.
A listing of assessor’s parcels subject to the assessments for Fiscal Year 2024/25, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.
The following table summarizes the Fiscal Year 2024/25 assessments for the Districts.
District Parcels
EDUs per
District
FY 2024/25
Maximum
Assessment Rate
Per EDU
FY 2024/25
Assessment
Rate Per EDU
FY 2024/25
Assessment
Amount
DBAD No. 1 1,417 1,417.00 $53.52 $53.52 $75,837.84
DBAD No. 2006-02 32 6,588.85 56.66 10.98 72,345.42
Totals: 1,449 8,005.85 $148,183.26
City Council Staff Report
DATE: JULY 10, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2024-037, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE
ENGINEER’S REPORT AND THE CONTINUATION OF THE LEVY
AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-
2025 FOR THE CITY OF PALMDALE LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICTS AND ANNEXATIONS, PARK
MAINTENANCE AND RECREATION IMPROVEMENT DISTRICT,
AND STREETLIGHT MAINTENANCE ASSESSMENT DISTRICTS
AND ANNEXATIONS
RECOMMENDATION
Staff recommends that the City Council:
1. Hold a public hearing to accept public testimony;
2. Approve the annual Engineer’s Reports;
3. Adopt Resolution No. CC 2024-037, a Resolution of the City Council of the City of Palmdale approving the Engineer’s Report and the continuation of the levy and collection of assessments for Fiscal Year 2024-2025;
4. Authorize the Mayor to execute Resolution No. CC 2024-037, a Resolution of the City Council of the City of Palmdale approving the Engineer’s Report and the continuation of the levy and collection of assessments for Fiscal Year 2024 - 2025; and,
5. Order the Engineer of Work to file the assessment with the Los Angeles County Auditor.
Report to Mayor and City Council
Re: Adoption of Resolution No. CC 2024-037
July 10, 2024
BACKGROUND
The City’s Landscape Maintenance Assessment Districts and Annexations (LMDs), Park Maintenance and Recreation Improvement District (Park District), and Streetlight Maintenance Assessment Districts and Annexations (SLMDs) (all combined and referred to as the “Districts”) were approved by property owners pursuant to mailed ballot elections conducted in accordance with Article XIIID of the California Constitution.
The LMDs fund the installation, maintenance, and servicing of ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including irrigation systems, drainage devices, and dry wells located in public places within the boundaries of the LMDs.
The Park District funds the installation, maintenance, and servicing of public parks and recreational facilities throughout the City.
The SLMDs fund the installation, maintenance, and servicing of any authorized improvements under the Act, including, but not limited to, streetlight, traffic signal, and highway safety light improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
The Landscaping and Lighting Act of 1972 requires that each year, the districts have a detailed annual engineer’s report approved by the city council in order to continue the annual assessment levy.
DISCUSSION
On May 1, 2024, the City Council took the first step to continue assessing the levies for Fiscal Year 2024-2025 by adopting Resolution No. CC 2024-035 directed NBS, the Engineer of Work, to prepare the annual Engineer’s Reports for the Districts for Fiscal Year 2024-2025.
On June 5, 2024, the City Council took the second step by adopting Resolution No. CC 2024-036, which provided the intention to continue the assessments for Fiscal Year 2024- 2025, preliminarily approved the Engineer’s Reports prepared by NBS and established the date, time, and place of a public hearing to receive testimony regarding the continued assessments to be placed on Los Angeles County tax rolls.
The City Council will conduct the third and final step by holding the public hearing regarding the final approval of the Engineer’s Reports and ordering the levies for Fiscal Year 2024-2025. Following the public hearing, the City Council will consider adopting Resolution No. CC 2024-037 approving the Engineer’s Report for Fiscal Year 2024-2025 Report to Mayor and City Council
Re: Adoption of Resolution No. CC 2024-037
July 10, 2024