Agenda packet, regular meeting, first session — Palmdale City Council, October 2, 2024 (part 2 of 2)

FISCAL IMPACT
$0; There is no fiscal impact associated with this action.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

A. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.

Prepared by: Hamed Hashemian, P.E., City Engineer
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
Tract Map No. 66204
TRACT NO. 66204
SHEET 1 OF 3 SHEETS

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN AND THAT PORTION THEREOF SHOWN AS PARCEL "B" IN LOT LINE ADJUSTMENT NO. 398 RECORDED AUGUST 10, 1990 AS INSTRUMENT NO. 90-1395565, OFFICIAL RECORDS. 10 LOTS ROBERT WALKER L.S. 7137 3.0 ACRES
TENTATIVE MAP EXPIRATION DATE: DECEMBER 31, 2024
OWNER'S STATEMENT:

WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIIN THE

SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION.

WE FURTHER STATE THAT, EXCEPT AS SHOWN ON THIS MAP, WE KNOW OF NO EASEMENTS OR STRUCTURES

EXISTING WITHIN THE EASEMENTS HEREBY OFFERED FOR DEDICATION TO THE PUBLIC, OTHER THAN PUBLICLY

OWNED WATER LINES, SEWERS, OR STORM DRAINS, THAT WE WILL GRANT NO RIGHT OR INTEREST WITHIN THE

BOUNDARIES OF SAID EASEMENTS OFFERED TO THE PUBLIC, EXCEPT WHERE SUCH RIGHT OR INTEREST IS EXPRESSLY MADE SUBJECT TO SAID EASEMENTS.

AS A DEDICATION TO PUBLIC USE, WHILE ALL OF AVENUE R-8 WITHIN OR ADJACENT TO THIS SUBDIVISION

REMAINS A PUBLIC STREET, WE HEREBY DEDICATE THE RIGHT TO RESTRICT DIRECT VEHICULAR INGRESS AND EGRESS FROM ABUTTING LOTS TO SAID STREET. IF ANY PORTION OF SAID STREET WITHIN OR ADJACENT TO

THIS SUBDIVISION IS VACATED, SUCH VACATION TERMINATES THE ABOVE DEDICATION AS TO THE PART VACATED.

AND WE HERBY IRREVOCABLY OFFER TO DEDICATE REAL PROPERTY TO THE CITY OF PALMDALE:

AS EASEMENTS FOR PUBLIC PURPOSES ALL STREETS, HIGHWAYS, AND OTHER PUBLIC WAYS SHOWN ON SAID MAP;
AND WE HEREBY OFFER TO DEDICATE REAL PRPERTY TO THE CITY OF PALMDALE:

IN FEE FOR PUBLIC PURPOSES FOR SANITARY SEWERS, STORM DRAIN SYSTEMS, APPURTENANT STRUCTURES,

MAINTENANCE, AND INGRESS AND EGRESS PURPOSES WITHIN AND WITHOUT SAID SUBIDIVISION CONSTRUCTED AS PART OF THE IMPROVEMENT THEREOF.

EASEMENTS FOR PUBLIC PURPOSES FOR PUBLIC DRAINAGE, UTILITY, LANDSCAPING AND MAINTENANCE

PURPOSES SO DESIGNATED ON SAID MAP AND ALL USES INCIDENT THERETO, INCLUDING THE RIGHT TO MAINTAIN THE IMPROVEMENTS AND MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES.

PALM LOGISTICS CORP., A CALIFORNIA CORPORATION

JUAN VALDEZ CICCARELLI, PRESIDENT JOSEPH CICCARELLI, TREASURER NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF ________ _
COUNTY OF ________ _
ON _______ , BEFORE ME, ---------, A NOTARY PUBLIC, PERSONALLY APPEARED _______ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE

TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE ___________ _
MY COMMISSION EXPIRES _______ _
COMMISSION NO. _______ _
MY PRINCIPAL PLACE OF BUSINESS IS IN _________ COUNTY
(NOTARY SEAL NOT REQUIRED, PER GOVERMENT CODE 66436)
NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF ________ _
COUNTY OF ________ _
ON _______ , BEFORE ME, ---------, A NOTARY PUBLIC, PERSONALLY APPEARED _______ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE

TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

THE SIGNATURES OF BARRY L. BURKHALTER AND MILDRED M. BURKHALTER, HOLDERS OF AN EASEMENT FOR ROAD AND UTILITY PURPOSES FOR COMMON USE, BY DEED RECORDED JULY 8, 1966 AS INSTRUMENT NO. 1566, OFFICIAL RECORDS OF LOS ANGELES COUNTY, HAVE BEEN OMITTED PURSUANT TO SECTION 66436,(a)(3)(A)(i-viii) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS

SUCH THAT IT CANNOT RIPEN INTO FEE TITLE, AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY.

THE SIGNATURE OF THE CITY OF PALMDALE, HOLDER OF AN EASEMENT FOR PUBLIC ROAD AND HIGHWAY PURPOSES BY DEED RECORDED MAY 25, 1993 AS INSTRUMENT NO. 93-983880, OFFICIAL

RECORDS OF LOS ANGELES COUNTY, HAVE BEEN OMITTED PURSUANT TO SECTION 66436,(a)(3)(A)(i-viii) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE, AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY.

BASIS OF BEARINGS:

THE BEARING OF NORTH 89'24'45" WEST ON THE CENTERLINE OF AVENUE R-8 AS SHOWN ON TRACT NO. 45926, FILED IN BOOK 1109, PAGES 19-22 OF MAPS WAS USED AS THE BASIS OF THE BEARINGS SHOWN HEREON.

SOILS REPORT
IN ACCORDANCE WITH SECTION 66434.5 OF THE SUBDIVISION MAP ACT, A SOILS REPORT WAS PREPARED BY HILLTOP GEOTECHNICAL, INC., DATED MARCH 9, 2006, PROJECT NO. 563-A06, AND UPDATED MAY 21, 2013, AND IS ON FILE IN THE OFFICE OF THE CITY ENGINEER.

MONUMENT NOTES:

1.) ALL 2" IRON PIPES TAGGED LS 7137 TO BE SET FLUSH, AS NOTED.

2.) ALL SPIKES AND WASHERS TAGGED LS 7137 AT ALL STREET CENTERLINE INTERSECTIONS, BEGINNINGS OF CURVES, ENDS OF CURVES AND TRACT LINE INTERSECTIONS WILL BE SET DOWN 0.04'.

3.) LEAD WITH TACK AND TAG MARKED LS 7137 TO BE SET IN TOP OF CURB ON PROLONGATION OF ALL LOT LINES ALONG STREETS.

SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF PALM LOGISTICS CORP. IN JULY 2021. I HEREBY STATE THAT THIS SUBDIVISION SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE TRACT MAP, IF ANY; THAT

THE MONUMENTS OF THE CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE WITHIN TWENTY-FOUR MONTHS FROM THE FILING DATE OF THIS MAP; AND THAT SAID

MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED AND THAT TIE NOTES TO ALL CENTERLINE MONUMENTS SHOWN AS "TO BE SET" WILL BE ON FILE IN THE OFFICE OF THE CITY ENGINEER WITHIN TWENTY-FOUR MONTHS FROM THE FILING DATE SHOWN HEREON.

ROBERT WALKER L.S. 7137 DATE
CITY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT IT CONFORMS SUBSTANTIALLY TO THE APPROVED TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF APPLICABLE STATE LAW

AND SUBDIVISION ORDINANCES OF THE CITY OF PALMDALE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

FREDERICK R. JONES, JR., L.S. 5458 DATE

LAND SURVEYOR, CITY OF PALMDALE
SPECIAL ASSESSMENTS STATEMENT:

I HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF

PALMDALE, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.

DATE ROCHELLE SCOTT

CITY CLERK, CITY OF PALMDALE
CITY CLERK'S STATEMENT:

I, ROCHELLE SCOTT, CITY CLERK OF THE CITY OF PALMDALE, DO HEREBY STATE THAT THIS MAP WAS

PRESENTED FOR APPROVAL TO THE CITY OF PALMDALE CITY COUNCIL AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF , 20 , AND THAT THEREUPON SAID DATE, COUNCIL DID,

BY AN AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP, AND ON BEHALF OF THE PUBLIC, SAID COUNCIL DID:

ACCEPT THE OFFER OF DEDICATION OF THE RIGHT TO RESTRICT DIRECT VEHICULAR INGRESS AND EGRESS FROM ABUTTING LOTS TO AVENUE R-8 AS SHOWN ON SAID MAP;

ACCEPT THE OFFER OF DEDICATION AND GRANT IN FEE FOR PUBLIC PURPOSES FOR SANITARY SEWERS,

STORM DRAIN SYSTEMS, APPURTENANT STRUCTURES, AND INGRESS AND EGRESS PURPOSES WITHIN AND WITHOUT SAID SUBDIVISION CONSTRUCTED AS PART OF THE IMPROVEMENT THEREOF;

ACCEPT THE OFFER OF DEDICATION AND GRANT OF THE EASEMENTS FOR PUBLIC PURPOSES FOR DRAINAGE,

UTILITY, LANDSCAPING AND MAINTENANCE PURPOSES SO DESIGNATED ON SAID MAP, AND ALL USES

INCIDENT THEREO, INCLUDING THE RIGHT TO MAINTAIN THE IMPROVEMENTS AND MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES;

THE CITY OF PALMDALE CONSENTS TO THE RECORDATION OF THE WITHIN IRREVOCABLE OFFER TO DEDICATE

FOR FUTURE STREET AS SHOWN ON SAID MAP, AND RESERVES THE RIGHT TO ACCEPT SAID OFFER TO DEDICATE AT A LATER DATE. THIS CONSENT IS NOT A PRESENT ACCEPTANCE OF THE OFFER TO DEDICATE.

DATE ROCHELLE SCOTT

CITY CLERK, CITY OF PALMDALE
ABANDONMENT NOTE:

PURSUANT TO SECTION 66434(g) OF THE SUBDIVISION MAP ACT, THE FILING OF THIS TRACT MAP CONSTITUTES ABANDONMENT OF THE EASEMENTS DESCRIBED HEREIN BELOW. SAID ABANDONMENT IS

FOR THOSE PORTIONS OF THE EASEMENTS WHICH EXIST WITHIN THE BOUNDARY OF THE LAND BEING SUBDIVISDED BY THIS MAP. SAID EASEMENTS TO BE ABANDONED ARE NOT SHOWN ON THIS MAP:

AN EASEMENT FOR PUBLIC ROAD AND HIGHWAY PURPOSES ACQUIRED BY THE CITY OF PALMDALE PER DOCUMENT RECORDED MAY 25, 1993 AS INSTRUMENT NO. 93-983880, OFFICIAL RECORDS OF LOS ANGELES COUNTY (DRIFTWOOD PLACE).

DATE ROCHELLE SCOTT

CITY CLERK, CITY OF PALMDALE
LOS ANGELES COUNTY CERTIFICATIONS AND SEALS:

I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT.

EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BY ___________ DATE _______ _
DEPUTY
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $ HAS BEEN FILED WITH THE

EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE

PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND SHOWN ON MAP OF TRACT NO. 66204 AS REQUIRED BY LAW.

EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BY ___________ DATE _______ _
DEPUTY

City Council Staff Report
DATE: OCTOBER 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

INNOVATION & ENVIRONMENTAL DIVISION
DISTRICT: ALL
SUBJECT: APPROVE THE SECOND AMENDMENT TO THE AGREEMENT S

WITH ATS COMMUNICATIONS AND RIVER OAKS

COMMUNICATIONS FOR WIRELESS COMMUNICATION
SERVICES, TO INCREASE EACH AGREEMENT BY $100,000 FOR A
TOTAL NOT TO EXCEED AMOUNT OF $195,000 PER AGREEMENT
AND EXTEND THE TERM FOR EACH AGREEMENT BY 365
CALENDAR DAYS FOR A TOTAL OF 1,461 CALENDAR DAYS PER

AGREEMENT

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Second Amendment to Agreement No. A -7999 with ATS Communications for wireless communication services to increase the Agreement by $100,000 for a total not to exceed amount of $195,000 and extend the term by 365 calendar days for a total of 1,461 calendar days;

2. Authorize the City Manager or her designee to execute the Second Amendment to Agreement No. A-7999 with ATS Communications, including making minimal and/or non-substantial changes;

3. Approve the Second Amendment to Agreement No. A-8000 with River Oaks Communications for wireless communication services to increase the Agreement by $100,000 for a total not to exceed amount of $195,000 and extend the term by 365 calendar days for a total of 1,461 calendar days; and,

4. Authorize the City Manager or her designee to execute the Second Amendment to Agreement No. A-8000 with River Oaks Communications, including making minimal and/or non-substantial changes.

Report to Mayor and City Council
Re: Second Amendments to Agreements No. A-7999 with ATS Communications and No. A-8000 with River Oaks Communications
October 2, 2024

Page 2 ends

BACKGROUND
In November 2021 the City released a Request for Proposal (RFP) for wireless communication services. Two responses were received, and upon review, staff selected both ATS Communications (ATS) and River Oaks Communications (River Oaks) as the most qualified firms. On July 13, 2022, the City Manager signed consultant services contracts with both ATS and River Oaks, each for $95,000 with a contract term of three years with two optional one-year extensions. The first amendment was executed to incorporate ARPA language into the agreement. ATS’ scope of work includes working with Wireless Communication Facilities (WCF) as a liaison for the City to ensure all steps are followed concerning the modification of towers and new WCF sites. River Oaks’ scope of work includes providing guidance, policy review, and analysis on lease agreements, fiber installation, small-cell policies, and micro trenching policies.

DISCUSSION

ATS COMMUNICATIONS
The City has 14 WCFs that are currently managed by the City and ATS. The increase in budget will allow ATS to continue assisting the City in working with wireless companies until the end of their contract. The extension would also help with the potential start of small-cell installations.

ATS negotiates lease agreements for the City to ensure that it receives a fair value for the use of its assets. With fifteen (15) years of experience in the wireless industry, ATS has helped the City navigate issues outside its expertise.

ATS has proven its experience in providing services for government, institutions, and corporations, demonstrates records of high-quality and timely delivery of goods and services, and provides a well-established, documented, and effective quality control program. They provide feedback and solutions promptly and demonstrate coordination of work with subcontractors and customers for minimum interference.

RIVER OAKS COMMUNICATIONS
Wireless communications projects, including but not limited to fiber, WCF, and small cell services, require a detailed look at new laws, policies, and contracts. River Oaks, with over three decades of experience in telecommunications, wireless, and other projects, has demonstrated its high-quality work through detailed and well-thought-out review of documents, agreements, and policies completed for the City. Increasing the Agreement amount and extending the term will allow River Oaks to continue assisting the City in Report to Mayor and City Council
Re: Second Amendments to Agreements No. A-7999 with ATS Communications and No. A-8000 with River Oaks Communications
October 2, 2024

Page 3 ends

aligning policies and projects with California Public Utilities Commission (CPUC) guidelines.

River Oaks has ensured that lease agreements, ordinance changes, and wireless communication facility master plans are thoroughly reviewed and well-drafted. They provide feedback and solutions promptly and demonstrate efficient coordination of work with the City Attorney’s Office and staff.

FISCAL IMPACT
$200,000; Funds, $100,000 for each agreement, are allocated in Account No.10134002- 721400 for Fiscal Year 2024-25.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services D. Pursue alternative financing opportunities for continued infrastructure improvements and quality community programs
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.

ATTACHMENTS
Agrmt No. A-7999 Second Amendment with ATS Communications Agrmt No. A-7999 First Amendment with ATS Communications Agrmt No. A-7999 with ATS Communications
Agrmt No. A-8000 Second Amendment with River Oaks Communications Agrmt No. A-8000 First Amendment with River Oaks Communications Agrmt No. A-8000 with River Oaks Communications
2nd AMENDMENT TO AGREEMENT A- 7999

BETWEEN THE CITY OF PALMDALE AND ATS COMMUNICATIONS

This 2nd Amendment to Agreement No. A-7999 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and ATS COMMUNICATIONS (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on July 13, 2022 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

Provide consulting services pertaining to wireless communication facilities, policy, and contracts. To collaborate with the City to review policies, agreements, and manage cell towers pertaining wireless facilities and small cell infrastructure.

WHEREAS, the parties desire to amend the Original Agreement to:

Increase compensation in the amount of $100,000 for the CONSULTANT to continue to provide services pertaining to wireless communication facilities, policies and contracts.

Increase length of the contract term by (365 days) one year for the CONSULTANT to continure to provide services.

NOW THEREFORE, the parties agree as follows:

Section 4 the following wil be added to the contract term section. The term of this contract will increase (365 days) one year.

Section 9.1. the following will be added to the description of Compensation in Section The CITY will increase the amount of compensation by $100,000; not to exceed the total sum of the agreement of one hundred ninety-five thousand dollars ($195,000).

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:

ATS COMMUNICATIONS:

Ronda Perez
City Manager

Tony Ingegneri
President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

ATS COMMUNICATIONS
4195 Chino Hills Pkwy
Chino Hills, CA
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 FIRST AMENDMENT TO AGREEMENT A-7999

BETWEEN THE CITY OF PALMDALE AND ATS COMMUNICATION

This first Amendment to Agreement No. A-7999 (“Agreement”) between the City of Palmdale and ATS COMMUNICATION is made and entered into this 3 day of January, 2023 by and between the City of Palmdale (hereinafter called “CITY”) and ATS COMMUNICATION (hereinafter called "CONSULTANT").

WHEREAS, the CITY and CONSULTANT entered into an agreement to provide:

WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in the Contract, and if required, is duly registered under the laws of the State of California.

WHEREAS, the parties desire to amend the Agreement to clarify the Description of Work and provide for American Rescue and Recovery Act funding and contract requirements.

NOW THEREFORE, the parties agree as follows:

Section 1. The following shall be added to the Description of Work in Section 1.1:

The work that is being provided will help regulate and grow the wireless and broadband infrastructure of the City of Palmdale in order to serve locations without access to reliable wireline broadband service as well increase the service in locations currently underserved or not serviced by reliable broadband service This work would also increase and improve the cellular quality of internet access in parks and open spaces to the public, and surrounding areas service those parks and open spaces.

The partnership with ATS will allow for a seamless process of upgrading and building new cellular site that would also involve emergency battery backup for cell towers, again providing for reliable service.

Work on Policy and Procedure Document with Staff to help clarify and put rules in place to make the installation and updates of the facilities as safe and effective for the CITY and the community, again ensuring reliable broadband service is increased in underserved locations.

Section 2. Section 24 is hereby added to the Agreement as follows:

24. American Rescue Plan Funding
CONSULTANT, understands, acknowledges, and agrees that the funding source for its work is from the American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds (collectively “ARPA”) and as such, CONSULTANT is required to comply with the regulations associated with ARPA funds pursuant to 31 CFR Part 35.

Those regulations and reporting requirements are incorporated herein below. By 1-3Concord - Document ID: NDdjYmU0YjctM2
executing this Contract, CONSULTANT agrees to comply with all such regulations and reporting requirements and shall familiarize itself with those requirements.

24.1 CONSULTANT agrees to be bound by the reporting requirements set out in the Regulations. This includes submitting quarterly reports by the 15th of the month following the end of each quarter to the Director of Finance. The reports must include, but is not limited to, the use of the funds, documentation/receipts of the funds spent, description of the project and status of completion of the project. The Director of Finance may require additional information of CONSULTANT for compliance with ARPA Regulations.

24.2 CONSULTANT, in the performance of this Contract and as a sub-recipient of ARPA funds, as well as all of its subcontractors, must comply with the following:
a. CONSULTANT, and any and all of its subcontractors, must ensure that they do not deny benefits, services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. CONSULTANT will be required to submit data showing compliance with the above. b. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR Part 200 Appendix II. c. The Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251et seq.) and all applicable standards, orders or regulations. d. The Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) regulations regarding restrictions on lobbying and required certificates.
e. Section 2 CFR 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (EPA guidelines at 40 CFR Part 247.
f. Section 200.322 of 2 CFR 200.322, Domestic preferences for procurements Section 3. All other terms and conditions remain in full force and effect.

2-3Concord - Document ID: NDdjYmU0YjctM2

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:

ATS COMMUNICATION:

Ronda Perez
Interim City Manager

Tony Ingegneri
President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Hwy.

Palmdale, CA 93550

ADDRESS FOR NOTICE:

ATS COMMUNICATION
4195 Chino Hills Pkwy #605
Chino Hills, CA 91709
APPROVE AS TO FORM:

Scott E. Porter
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk
ATTEST: If Corporation

Secretary

---------------------------------------- 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
3-3Concord - Document ID: NDdjYmU0YjctM2
Record of Signing
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SECOND AMENDMENT TO AGREEMENT A- 8000

BETWEEN THE CITY OF PALMDALE AND RIVER OAKS COMMUNICATIONS

This SECOND Amendment to Agreement No. A-8000 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and RIVER OAKS COMMUNICATIONS (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on July 13, 2022 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

Consulting services pertaining to wireless communication facilities, policy, and contracts.

CONSULTANT will collaborate with CITY to review policies, agreements and documents pertaining to broadband (for example fiber, 5G, and small cell infrastructure).

WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in the agreement, and if required, is duly registered under the laws of the State of California.

WHEREAS, the parties desire to amend the Original Agreement to:

1) Increase compensation in the amount of $100,000; and, 2) Increase the original contract term by 365 Calendar days / one-year.

NOW THEREFORE, the parties agree as follows:

Section 4 CONTRACT TERM
The term of this contract shall increase an additional 365 Calendar days / one-year for a Total Term of FOUR (4) Years from Original Commencement date, July 13 of 2022.

Section 9 COMPENSATION
Section 9.1 CITY shall pay to CONSULTANT an increased compensation amount of $100,000 for a total not to exceed contract amount of one hundred ninety-five thousand dollars ($195,000.00).

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:

RIVER OAKS COMMUNICATIONS:

Ronda Perez
City Manager

Thomas F. Duchen
President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

RIVER OAKS COMMUNICATIONS
710 Count Pourtales Drive
Colorado Springs, CO 80906
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk

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BETWEEN THE CITY OF PALMDALE AND RIVER OAKS COMMUNICATIONS

CORPORATION

This First Amendment to Agreement No. A-8000 (“Agreement”) between the City of Palmdale and RIVER OAKS COMMUNICATIONS CORPORATION is made and entered into this 17 day of January, 2023 by and between the City of Palmdale (hereinafter called “CITY”) and RIVER OAKS COMMUNICATIONS CORPORATION (hereinafter called "CONSULTANT").

WHEREAS, the CITY and CONSULTANT entered into an agreement to provide:

Consulting services pertaining to wireless communication facilities, policy, and contracts. To collaborate with the City to review policies, agreements and documents pertaining to broadband (for example fiber, 5G, and small cell infrastructure).

WHEREAS, the CITY and CONSULTANT entered into an agreement effective as of July 13, 2022, wherein CONSULTANT was to provide, among other things, consulting services pertaining to wireless communication facilities, policy and contracts and to collaborate with the CITY to review existing wireless and broadband policies and agreements.

WHEREAS, the parties desire to amend the Agreement to clarify the Description of Work and provide for American Rescue and Recovery Act funding and contract requirements

NOW THEREFORE, the parties agree as follows:

Section 1. The following will be added to the Description of Work in Section 1.1 The type of work that is being provided will involve and improve broadband policy, accessibility, procedures and agreements that providers use high quality industry standard construction procedures and provide high-speed technical standards when it comes to reliable broadband service to areas that are currently served, underserved, and unserved.

The Consultant will continue to help draft policies and help develop language for agreements and broadband projects so that the City can address and review the structural integrity of fiber construction and materials being placed throughout the whole City of Palmdale for broadband including underserved and unserved areas such as schools, parks, and homes.

The Consultant will help draft agreements to set standards when it comes to small cell facilities and wireless communication facilities in City parks, streets, and right-of- way.
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The Consultant's work could increase and improve the quality and affordability (given more competitive choices) of broadband internet access for more communities, residents, and stakeholders throughout the City allowing for broadband connections to be placed by providers throughout the City of Palmdale.

Section 2. Section 24 is hereby added to the Agreement as follows:

Those regulations and reporting requirements are incorporated herein below. By executing this Contract, CONSULTANT agrees to comply with all such regulations and reporting requirements and shall familiarize itself with those requirements.

24.1 CONSULTANT agrees to be bound by the reporting requirements set out in the Regulations. This includes submitting quarterly reports by the 15th of the month following the end of each quarter to the Director of Finance. The reports must include, but are not limited to, the use of the funds, documentation/receipts of the funds spent, description of the project and status of completion of the project. The Director of Finance may require additional information of CONSULTANT for compliance with ARPA Regulations.

24.2 CONSULTANT, in the performance of this Contract and as a sub-recipient of ARPA funds, as well as all of its subcontractors, must comply with the following:
a. CONSULTANT, and any and all of its subcontractors, must ensure that they do not deny benefits, services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. CONSULTANT will be required to submit data showing compliance with the above. b. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR Part 200 Appendix II. c. The Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251et seq.) and all applicable standards, orders or regulations. d. The Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) regulations regarding restrictions on lobbying and required certificates.
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e. Section 2 CFR 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (EPA guidelines at 40 CFR Part 247.
f. Section 200.322 of 2 CFR 200.322, Domestic preferences for procurements.

Section 3. All other terms and conditions of the Agreement remain in full force and effect.

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:

RIVER OAKS COMMUNICATIONS
CORPORATION:

Ronda Perez
Interim City Manager

Thomas F. Duchen
President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Hwy.

Palmdale, CA 93550

ADDRESS FOR NOTICE:

RIVER OAKS COMMUNICATIONS

CORPORATION
710 Count Pourtales Drive
Colorado Springs, CO 80906
APPROVE AS TO FORM:

Scott E. Porter
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk
ATTEST: If Corporation

Secretary

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■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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•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $8,400.00 to $9,450.00
III. Review and analysis of requestor provided submittals. •Application Price: Year 1: one (1) application/ Year 2: four (4) applications •Estimated Project Hours: 12-20
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $3,150.00 to $5,250.00
IV. Provide reviews of modification applications on existing lease agreement and/or sites.
•Application Price: Year 1: one (1) application/ Year 2: two (2) applications •Estimated Project Hours: 12-16
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $3,150.00 to $4,200.00
V. Assist City in evaluating the design of applications requiring a discretionary review.
•Application Price: Year 1: one (1) application/ Year 2: four (4) applications •Estimated Project Hours: 20-24
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $5,250.00 to $6,300.00
VI. Assist City in providing updates to the City’s WCF Ordinance and/or its WCF Master Plan.
•Estimated Project Hours: 40-48
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $10,500.00 to $12,600.00
VII. Review new applications (ministerial and discretionary reviews). •Application Amount: Year 1: one (1) application/ Year 2: four (4) applications •Estimated Project Hours: 22-34
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $5,775.00 to $8,925.00
2-19Concord - Document ID: generated after first signature VIII. Review modifications to existing lease agreements. •Application Amount: Year 1: one (1) amendment / Year 2: two (2) amendments •Estimated Project Hours: 25-36
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $6,562.00 to $9,450.00
IX. Assist City in determining type of plan check required for an application. •Application Amount: Year 2: two (2) applications
•Estimated Project Hours: 12-20
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $3,150.00 to $5,250.00
X. Review of proposed tower installation on private property. •Application Amount: Year 1: one (1) application/ Year 2: two (2) applications •Estimated Project Hours: 40-72
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $10,500.00 to $18,900.00
XI. Review of proposed DAS system installation on private property. •Application Amount: Year 1: one (1) DAS System / Year 2: two (2) DAS System
•Estimated Project Hours: 20-40
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $5,250.00 to $10,500.00
XII. Have a cost per deliverable: Consultant Analysis Report(s). •Application Amount: Year 1: one (1) application/ Year 2: three (3) applications •Estimated Project Hours: 16-42
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $4,200.00 to $11,025.00
XIII. Drafting and Negotiation of New Lease Agreements. •Application Amount: Year 1: one (1) per new lease/ Year 2: two (2) per new lease
3-19Concord - Document ID: generated after first signature •Estimated Project Hours: 45-65
•Year 1: Blended hourly rate: $262.50
•Year 2: price increase blended hourly rate: $280.00
•Year 3: price increase blended hourly rate: $295.00
•Total Cost: $11,812.50 to $17,062.50
XIV. Itemize travel charges per year
•10% of Fees
•Cost: $19,500.00
XV. Itemize all other costs-administrative per year
•5% of Fees
•Cost: $9,750.00
Maximum Permissible Exposure (MPE) Studies
If the City is concerned about Radio Frequency (RF) Exposure from equipment on sites/towers and how/if the RF radiation could be causing health risks, this analysis can determine if there is a risk and the level of the risk.

When it is needed–if there are AM or FM transmitters on a site, if there are voice radio equipment on a tower and/or if antennas are very low on the tower. Low meaning at a height where a person could walk in front of the antenna and potentially get exposed to RF signals.

When it is not needed–If there are only microwave antennas on a tower and those antennas are high enough on tower such that a person will not walk directly in front of the antenna.

What is involved in the study-a site visit to gather data both at the site and at varying distances around the site to understand the strength and propagation of the RF signals. Travel to the site and produce a report on the data gathered along with recommendations.

Cost-$6,000-$8,000 plus travel and expenses to go to the site.

Note – Prices in year two (2) will increase 3%. After year two (2), prices are subject to increases up to 5%.

Intermodulation studies
Done to analyze potential interference among radio equipment at a site. Typically used when there are many different types of equipment on a tower such as microwave, voice, or broadcast radios operating in multiple frequency bands at multiple power levels.

Requirements from the customer:

A tower map defining the location of all equipment on the tower. For licensed and unlicensed equipment, the following is also needed:

For Licensed equipment
•Call signs of all the equipment on the towers
•Customer names
4-19Concord - Document ID: generated after first signature •Transmit and Receive frequencies of the equipment
•Antenna makes, models and orientation
•Receive and transmit power of the equipment
•Location of the equipment on the tower including antenna heights and azimuths
For Unlicensed equipment
•Transmit and Receive frequencies of the equipment
•Antenna makes, models and orientation
•Receive and transmit powers of the equipment
•Location of the equipment on the tower including antenna heights and azimuths
Intermod Studies with respect to potential frequency interference: for an initial Intermod Study, the cost would be $1,500-$2,500 per existing Tenant plus $1,500- $2,500 per new Tenant; Pre-Installation Equipment review: $750-$1,500 per new Tenant-some of this work may need to be done on site.
•Post-Installation compliance analysis: this work will need to be done on site and the cost will need to be determined on an hourly basis at the engineer’s hourly rates; $3,750-$5,750 per Tower and $2,750-$4,750 per Tenant.

Note – Prices in year two (2) will increase 3%. After year two, (2) prices are subject to increases up to 5%.

Other services that may be requested:

Geotechnical – used to determine the soil composition at a tower site - $3,500- $7,000. Produces a report and a PE stamped report from a Geotechnical Engineer.

On site work required. All work will be on the ground.

Note – Prices in year two (2) will increase 3%. After year two (2), prices are subject to increases up to 5%.

SiFi Assistance
Will assist the City in developing documentation for fiber training, micro trenching, development of Microtrenching Standards, Training Inspectors, Inspections and Certifications - On an as needed basis and as requested by the City to assist City engineering staff, as construction is being performed by SiFi, the Team will review the City’s inspection processes and frequencies of inspections and provide feedback to the City so that regular inspections and site certifications are scheduled and completed proving whether SiFi is building its system in compliance with the overall Agreement, as well as with individual permits and plans submitted to the City. As further said forth in Exhibit A which is attached hereto and made part hereof, the responsibility for SiFi and its contractors and subcontractors building its system in compliance is that of SiFi. While Contractor in this Agreement can assist the City, it will be incumbent for the City to conduct the actual inspections and see to it that work which is not in compliance or is deficient is rectified to the satisfaction of the City.

Development of a training program, meeting virtually or in person with City staff, City Inspectors and developing a protocol and checklist by which the Microtrenching by 5-19Concord - Document ID: generated after first signature SiFi can be evaluated. As set forth above, the responsibility for construction and resolution of all non-compliant construction and worksite restoration is that of SiFi.

Work with the City staff to look at SiFi agreements for smart cities and revise the current draft.

Work to be billed on an hourly plus expense basis.

Master License and 5G Assistance
River Oaks will assist City staff with small cell and wireless communication policy agreements. Assistance is necessary for the following task: reviewing agreements, advise working with certain cellular companies, engaging in conversations with wireless companies for such things as the Master License Agreement and 5G assistance.

Work to be billed on an hourly plus expense basis.

Design Policy Assistance
Continue to assist the City in the design revisions and changes to the Develop Design and Aesthetic Guidelines for the City to be able to regulate the placement, size, and aesthetics of small cell facilities to the extent allowed by Federal and California law.

Work to be billed on an hourly plus expense basis.

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
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:
6-19Concord - Document ID: generated after first signature River Oaks Communications Corporation:

Thomas Duchen (TD), President, Telecomm Consulting and Legal Work Robert Duchen (RD), Vice-President, Telecomm Consulting and Legal Work

CBG Communications, Inc.:

Tom Robinson (TR), President, CEO and Project Manager
Dick Nielsen (DN), Senior Engineer
Krystene Rivers (KR), Research Associate

KNS Communications Consultants:

Will Sumners (WS), Engineering Work

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 CONTRACT TERM
The term of this contract is three (3) years with the option of two (one) year amendments, commencing on July 13, 2022.
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 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 7-19Concord - Document ID: generated after first signature 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

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 ninety five thousand dollars ($95000.00), payable as follows:

The hourly rates for the personnel involved are the following:
•CBG Communications, Inc.:
- Tom Robinson (TR), President, CEO and Project Manager - $200.00/hr. 8-19Concord - Document ID: generated after first signature - Dick Nielsen (DN), Senior Engineer - $200.00 /hr.
- Krystene Rivers (KR), Research Associate - $75.00 /hr. •River Oaks Communications Corporation:
- Thomas Duchen (TD), President,
- Telecomm Consulting and Legal Work - $250.00-$350.00 /hr. - Robert Duchen (RD), Vice-President,
- Telecomm Consulting and Legal Work - $250.00-$350.00 /hr. •KNS Communications Consultants:
- Will Sumners (WS), Engineering Work - $248.00 /hr.

Note for KNS – Hourly rates in year two (2) will increase 3%. After year two (2), hourly rates are subject to increases up to 5%.

Since this Contract may be for 2 years or 3 years, and additional work may also be requested by the City in year 1, upon mutual written agreement via e-mail between the City and Consultant, the total compensation may be increased to cover items in the scope of work during year 1, year 2 and year 3. Unless such total compensation increase is mutually agreed upon, Consultant shall not be required to perform such work. It is recognized that such additional funding by the City may require the approval of City Council if so indicated by the City.

It is estimated that the costs for airfare, rental car, hotel, and meals will be $2,100 per on-site visit for 1 person. This includes approximately $550 for airfare, 4 hotel nights at $230 per night, 4 days of car rental at $75 per day, 4 days of meals at $75 per day and parking of $30. Note – Projected expenses in year two (2) will increase 3%. After year two (2), expenses are subject to increases up to 5%.

The Contract Price is CONSULTANT’S estimate of its charges for all of 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.
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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 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

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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, non-owned and hired automobile coverage

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:

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 insured’s.”
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.
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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) liability coverage is provided on a “claims made basis”, CONSULTANT 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 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 subcontractors 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 12-19Concord - Document ID: generated after first signature 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 days, the CONSULTANT has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.

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 13-19Concord - Document ID: generated after first signature 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 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.

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. 14-19Concord - Document ID: generated after first signature

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, 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 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 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 15-19Concord - Document ID: generated after first signature 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 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. 16-19Concord - Document ID: generated after first signature

Exhibit A
Micro-Trenching Techniques and Practices
The following is a High-Level Overview of general considerations with respect to Micro-Trenching Techniques and Practices. It will be very important that SiFi’s local engineers on site make sure that SiFi and its contractors undertake and complete their construction in a manner that mitigates the possibilities of damage, future issues and problems for the City and its Residents.

Micro-Trenching is a technique of cutting a relatively small trench, usually under 2 inches wide and less that 18 inches deep and placing one or more small, flexible conduits into the trench. Micro-Trenching is attractive to network operators for its relatively low costs and quicker processes and faster network infrastructure deployment, therefore, faster speed to market with communication services.

As with virtually anything, micro-trenching has its opponents or critics. Although the process of creating the trench and placing the conduits and fiber optic cables is quick and creates less impact on other activities in the City’s Rights-Of-Way (“ROW”), potential problems arise around construction techniques and especially in the backfilling of the trench. It must be remembered that problems with micro-trenching could lead to premature degradation and failure of roadways and sidewalks in the City. Because potential problems created by micro-trenching could be City-wide, a seemingly small problem could lead to significant, widespread, deterioration of the City’s ROW.

The trench needs to be deep enough to accept all conduits/fiber optic cables while leaving enough room for back filling material and a pliable polymer or grout-like seal.

In Louisville, Kentucky, for example, Google’s fiber was being deployed using micro- trenching in order to get highspeed Internet to customers as fast as possible.

However, Google’s contractor was only creating a trench that was about 2 inches deep. By the time the conduits were placed in the trenches, there was not sufficient room for backfilling and grouting or sealing the trench. Fiber optic cables were literally popping out of the ground and becoming tripping hazards. That also raised potential reliability problems and ultimately, the resulting open trench could lead to very rapid deterioration of roadways and sidewalks. The problem became so widespread that Google elected to cut its losses by shutting down the system and pulled out of Louisville completely.

Ultimately, it is SiFi’s responsibility, not the City’s, to ensure proper construction.

However, if the City keeps a watchful eye during fiber deployment, it has a better chance of addressing potential problems before they occur. There are many design specifications that need to be reviewed for specific climate, geological (soil types), stability of the ground (earthquakes) as well as roadway materials and traffic patterns, etc. The construction techniques and specifications must take into account the local landscape and necessary variances, as needed, to the specifications.

Civil and structural engineers that are familiar with the local conditions should determine:
18-19Concord - Document ID: generated after first signature

1.The minimum and maximum depths for micro-trenching.

2.The proper width of the trench and how earthquake considerations may impact that.

3.The proper fill below the conduits, if the soil(s) are porous with sharp gravel or otherwise potentially harmful to conduits and fiber optic cables.

4.Proper backfill depths and materials such as sand above the conduits and below the sealant.

5.Proper sealant type and depth at roadway/sidewalk surfaces.

6.Maximum variance of the finished trench’s surface to the existing roadway or sidewalk.
•This is about minimizing the tripping risk as well as the impact created by traffic crossing over uneven surfaces.

7.Specifications of how far from the normal tire paths on roadways the trench must be and the distance from the edge of the road or curb the trench should be. Locating the trench in such a way as to minimize traffic contacting the top of the trench is most desirable.

All of these considerations need to account for variances of the roadway surfaces.

For instance, the City of Los Angeles has specifications for asphalt roadways but does not allow for micro-trenching in concrete roadways. Specifications used during construction of roadways must be accounted for when micro-trenching. Additionally, micro-trenching can be less desirable in soils that are not highly compacted such as sandy soils.

Sidewalk specifications may be different than those in roadways.

As described here, there are numerous considerations that need to be addressed prior to signing off on a city-wide construction project using micro-trenching as the main construction method. Both Los Angeles County and the City of Los Angeles have detailed requirements for micro-trenching that can be used for a baseline.

Civil and structural Engineers should be employed on behalf of the City to oversee and ensure that specifications and standards are in place that address all potential scenarios within the City including requiring adjustments to requisite specifications as needed.

Once these specific specifications are in place, vigilant inspectors must be deployed on-site continually ensuring proper depths are being created as well as all other proper construction practices are being adhered to ALL THE TIME. Just because a contractor or subcontractor agrees to processes and specifications doesn’t mean that all of their employees will understand or follow those rules.

While there is no fail-safe mitigation measure for micro-trenching, in order to attempt to lessen or mitigate potential damage to City ROW, sidewalks and property and to residents, the City needs to be very vigilant and diligent in utilizing Civil and Structural Engineers and inspectors to monitor the pre-construction, construction and post- construction work of SiFi and its contractors and subcontractors. 19-19Concord - Document ID: generated after first signature

CC – September 18, 2024 – 5pm 1

MINUTES

CITY COUNCIL

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
SEPTEMBER 18, 2024

www.cityofpalmdale.org

1) CALL MEETING TO ORDER

Mayor Bishop called the meeting to order at 5:03 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

PRESENT: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Mayor Pro Tem Loa led the pledge of allegiance and asked to adjourn the meeting in honor of Deputy Ryan Clinkunbroomer.

Assistant City Attorney Halfman requested that the Council add a Closed Session agenda item based on the following findings: 1) The item arose after the posting of the agenda, and 2) There is a need to take immediate action before the next meeting.

Motion: Add Closed Session a genda item Cruz Guerra, a minor and through his Guardian Ad Litem, Yolanda Espinoza, vs. City of Palmdale, et. al.

Moved by Richard J. Loa, seconded by Laura Bettencourt.

Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

4) PUBLIC COMMENTS

CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION:

Public Comments: None.

Councilmember Ohlsen pulled Item 5.3, Councilmember Bettencourt pulled Item 5.6, and Councilmember Alarcón pulled Item 5.2.

CC – September 18, 2024 – 5pm 2

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).

5.2) Approve First Amendment to Agreement with the Wellbeing Lab dba Louis Alloro, LLC, to provide four Mental Health and Wellbeing Youth Leadership Summits and an Appreciative Inquiry Mental Health & Wellbeing Summit for an additional $170,000 for a total not to exceed agreement amount of $445,000 for a term of December 30, 2025.

Deputy City Manager Lopez presented the staff report. Mr. Alloro spoke regarding the program and provided detailed information on the Youth Leadership Summits.

Mayor Pro Tem Loa asked if the program would address families that are dealing with persons with mental health challenges and dealing with the stigma of therapy. Mr. Alloro spoke about the work of the Wellbeing Lab.

Councilmember Alarcón spoke in favor of the program and the importance of incorporating the youth.

Mayor Bishop stated the program is an asset to the community.

Motion: Approve First Amendment to Agreement with the Wellbeing Lab dba Louis Alloro, LLC, to provide four Mental Health and Wellbeing Youth Leadership Summits and an Appreciative Inquiry Mental Health & Wellbeing Summit for an additional $170,000.

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.

5.3) Adopt Resolution CC 2024-078, a Resolution of the City Council of the City of Palmdale to transfer unclaimed checks from their respective funds to the general fund pursuant to California Government Code section 50050-50057.

Director of Operations Samson presented the staff report. Councilmember Ohlsen inquired regarding the correction received to the unclaimed checks list.

Director of Operations Samson responded.

Motion: Adopt Resolution CC 2024 -078, a Resolution of the City Council of the City of Palmdale to transfer unclaimed checks from their respective funds to

CC – September 18, 2024 – 5pm 3
the general fund pursuant to California Government Code section 50050-50057 with adjustments to the unclaimed checks list.

Moved by Andrea Alarcón, seconded by Eric Ohlsen.

Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

5.4) Approve Agreement with Impex Technologies, Inc., to provide data backup solution hardware, configuration services, and software support in the amount of $159,326 for a term of five years.

5.5) Receive and file the Annual Report for the Palmdale Tourism Improvement District for Fiscal Year 2024-25.

5.6) Adopt Resolution No. CC 2024-072, a Resolution of the City Council of the City of Palmdale approving Municipal Law Enforcement Services Agreement with the County of Los Angeles for public services provided by the Los Angeles County Sheriff’s Department and authorizing the City Manager to procure services of the Los Angeles County Sheriff’s Department annually up to an amount approved in the City’s Operating and Capital Budget for a five- year period of July 1, 2024 through June 30, 2029.

Councilmember Bettencourt recused herself from this item because she works for the Los Angeles County Sheriff's Department.

Motion: Adopt Resolution No. CC 2024-072, a Resolution of the City Council of the City of Palmdale approving Municipal Law Enforcement Services Agreement with the County of Los Angeles for public services provided by the Los Angeles County Sheriff's Department and Approve Agreement A-8944 Moved by Richard J. Loa, seconded by Eric Ohlsen.

Vote: Motion carried (4-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Andrea Alarcón.

5.7) Approve the Term Sheet between Energy for Palmdale’s Independent Choice (EPIC) and Deer Creek Solar, LLC for the purchase of long -term RPS-eligible renewable energy and mid-term reliability capacity.

5.8) Approve the minutes from the previous meeting.

Motion: Approve all matters listed under the Consent Calendar except for Items 5.2,

5.3, and 5.6.

Moved by Richard J. Loa, seconded by Andrea Alarcón.

Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.

CC – September 18, 2024 – 5pm 4

6) PUBLIC HEARING

6.1) Receive Public Testimony Regarding the Renewal of the Palmdale Tourism Improvement District.

Mayor Bishop opened the Public Hearing.

Public Testimony: Christian Barrow and Rory Casalla commented in support of the Palmdale Tourism Improvement District.

Mayor Bishop closed the Public Hearing.

Executive Director Taggart provided details on the Palmdale Tourism Improvement District (PTID) and stated that 80% of hotels assessed were in support of the PTID.

Mayor Pro Tem Loa, Mayor Bishop, and Councilmember Alarcón spoke in support of the program and thanked Executive Director Taggart for her leadership.

7) CITY MANAGER’S REPORT

City Manager Perez reported on the following: Erick Garcia Foundation Mental Health Awareness Candlelight Vigil; 30th Anniversary celebration of the Palmdale Playhouse; Farmer's Market; Tequila & Taco Festival Saturday, Sept. 21 and Sunday, Sept. 22 at Marie Kerr Park; AV Fair Sept. 25 -29; District 1 Neighborhood Watch Friday, Sept. 27 at Anaverde Park; Day of Service desert clean up on Sept. 28 on Ave. M and 75th West; 5.3M grant awarded to the City for safe streets for all; displayed the Cute Critter video; and displayed a video update on street improvements.

Councilmember Bettencourt thanked staff for the completion of the street improvements on 35th Street East.

8) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE

AGENDA ITEMS

Councilmember Alarcón discussed the 5.3M grant awarded to the City for safe streets.

Councilmember Ohlsen discussed lockdowns at schools, mental health, and support of Measure PD.

Mayor Pro Tem Loa discussed Measure H and distribution of funds, and support of Measure PD.

Mayor Bishop called for a recess at 5:41 pm - 5:55 pm.

CC – September 18, 2024 – 5pm 5

Mayor Bishop announced that the meeting would be adjourned to September 19, 2024, at 3:00 pm for the purpose of hearing Non -Agenda Public Comments and Closed Session Items.

9) NON-AGENDA PUBLIC COMMENTS:

10) PRESENTATION BY CITY ATTORNEY

10.1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Maria Zuniga v. City of Palmdale et al.
[Sedwick Claim No.: L22-0097; Prism Risk Claim No.: 20210023359] This closed session is being held pursuant to the authority of California Government Code Section 54956.9.

10.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Cruz Guerra, a minor, by and through his Guardian Ad Litem, Yolanda Espinoza vs. City of Palmdale, et. al.

This closed session is being held pursuant to the authority of California Government Code Section 54956.9.

11) ANNOUNCEMENT BY CITY ATTORNEY

12) ADJOURNMENT

Mayor Bishop adjourned the meeting at 6:01 pm to be continued to September 19, 2024, at 3:00 pm. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 2nd day of October 2024.

Austin Bishop, Mayor

ATTEST:

Rochelle Scott, City Clerk

CC – September 19, 2024 – 5pm 1

MINUTES

CITY COUNCIL

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
SEPTEMBER 19, 2024
www.cityofpalmdale.org

1) CALL MEETING TO ORDER

Mayor Bishop called the meeting to order at 3:03 p.m.

Note: All City Council memberships are reflected in their City Council titles.

ITEMS 5 THROUGH 8 WERE HEARD ON SEPTEMBER 18, 2024, AT 5:00 PM.

THE MEETING WAS ADJOURNED AT 6:01 PM. ITEMS 9 THROUGH 11 WERE CONTINUED TO SEPTEMBER 19, 2024, AT 3:00 PM.

2) ROLL CALL MAYOR BISHOP, MAYOR PRO TEM LOA, COUNCILMEMBERS OHLSEN, BETTENCOURT, ALARCÓN

PRESENT: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt.

ABSENT: Andrea Alarcón.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Mayor Pro Tem Loa led the pledge of allegiance and asked for a moment of silence in honor of Deputy Ryan Clinkunbroomer.

4) PUBLIC COMMENTS

CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION:

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 – September 19, 2024 – 5pm 2

5.4) Approve Agreement with Impex Technologies, Inc., to provide data backup solution hardware, configuration services, and software support in the amount of $159,326 for a term of five years.

5.5) Receive and file the Annual Report for the Palmdale Tourism Improvement District for Fiscal Year 2024-25.

5.6) Adopt Resolution No. CC 2024 -072, a Resolution of the City Council of the City of Palmdale approving Municipal Law Enforcement Services Agreement with the County of Los Angeles for public services provided by the Los Angeles County Sheriff’s Department and authorizing the City Manager to procure services of the Los Angeles County Sheriff’s Department annually up to an amount approved in the City’s Operating and Capital Budget for a five - year period of July 1, 2024 through June 30, 2029.

5.8) Approve the minutes from the previous meeting.

6) PUBLIC HEARING

6.1) Receive Public Testimony Regarding the Renewal of the Palmdale Tourism Improvement District.

7) CITY MANAGER’S REPORT

8) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE

AGENDA ITEMS

9) NON-AGENDA PUBLIC COMMENTS:

Public Comments: Eugene Hernandez spoke regarding City Attorney Curley's employment in Upland. City Attorney Curley provided clarification regarding Mr.

Hernandez's comments ; and City Clerk Scott read Dinora Mena's e -mail into the record regarding street sweeping.

10) PRESENTATION BY CITY ATTORNEY

City Attorney Curley confirmed all Closed Session items would be heard as listed.

CC – September 19, 2024 – 5pm 3

10.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Cruz Guerra, a minor, by and through his Guardian Ad Litem, Yolanda Espinoza vs. City of Palmdale, et. al.

This closed session is being held pursuant to the authority of California Government Code Section 54956.9.

11) ANNOUNCEMENT BY CITY ATTORNEY

Closed Session was held from 3:11 pm to 3:55 pm.

City Manager Perez announced that two cases were heard and discussed and there was no reportable action.

12) ADJOURNMENT

Mayor Bishop adjourned the meeting at 3:55 p.m. to October 2, 2024, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 2nd day of October 2024.

Austin Bishop, Mayor

ATTEST:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: OCTOBER 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES DEPARTMENT
DISTRICT: ALL
SUBJECT: PUBLIC HEARING TO RECEIVE COMMUNITY INPUT ON NEEDS AND PRIORITIES FOR INCLUSION IN THE 2025-2029
CONSOLIDATED PLAN AND 2025-2026 ACTION PLAN

RECOMMENDATION
Staff recommends that the City Council:

Conduct a public hearing to receive community input on needs and priorities for inclusion in the 2025-2029 Consolidated Plan and 2025-2026 Action Plan.

BACKGROUND
As an “Entitlement Grantee,” the City of Palmdale receives annual allocations of federal funds from the US Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. These funds are essential for developing local programs that benefit low- and moderate-income residents by addressing affordable housing, public service, and infrastructure improvement needs.

To continue receiving these funds, the City must prepare and submit a Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance Evaluation Report (CAPER). These documents serve as the City’s strategic framework for allocating federal resources and setting priorities for housing and community development over the next five years, 2025-2029.

The Consolidated Plan outlines the City’s housing and community development needs and proposes strategies for using HUD funds to address these needs over a five -year period. The Annual Action Plan details the specific activities undertaken each year to achieve the goals outlined in the Consolidated Plan. Together, these documents form the basis of the City’s efforts to enhance the quality of life for its residents, particularly those that are low- and moderate-income persons and families.

Report to Mayor and City Council
Public Hearings for 2025-2029 Consolidated Plan
October 2, 2024

Page 2 ends

In accordance with HUD regulations, the City is required to conduct at least one public hearing before publishing the draft Consolidated Plan and Annual Action Plan for public review. This public hearing is a vital component of the City’s commitment to transparency, inclusivity, and community engagement.

DISCUSSION
This hearing’s purpose is to gather input from residents and stakeholders on what they consider to be the highest-priority housing and community development needs, evaluate program performance, and discuss strategies for affirmatively furthering fair housing choices. This hearing will help ensure that the City’s plans reflect the community’s needs and priorities.

As part of the public participation process, the City also conducted two community meetings to gather feedback from residents on how federal funds may be used to address the community’s high-priority needs. The first meeting was held virtually on Zoom on September 24, 2024, at 10:00 a.m., and the second meeting was held in person on September 25, 2024, at 6:00 p.m. at the Legacy Commons Senior Center.

In addition, the City is distributing a survey to gather input on the community’s short- and long-term needs. The survey is available on the City’s website at www.cityofpalmdaleca.gov, https://bit.ly/PalmdaleResident and in paper format at the City’s Neighborhood Services Department, Public Library,  and Administration Building.

The survey will remain open until October 15, 2024, and may be returned to the Neighborhood Services Department at 38250 Sierra Highway, 2 nd floor, Palmdale, CA 93550.

The input received during the public hearing, the two community meetings, two upcoming stakeholder meetings, and the surveys will be used to refine the draft plans before they are finalized and made available for public review.

FISCAL IMPACT
$0; There is no fiscal impact associated with this item.

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.

Report to Mayor and City Council
Public Hearings for 2025-2029 Consolidated Plan
October 2, 2024

Page 3 ends

Prepared by: Sophia Reyes, Director of Neighborhood
Services
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 City Council Staff Report
DATE: OCTOBER 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: RONDA PEREZ, CITY MANAGER AND
WILLIAM P. CURLEY, III, CITY ATTORNEY
SUBJECT: CONSIDER AND ADOPT ORDINANCE NO. 1646, AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF PALMDALE REPEALING
CHAPTER 2.55 OF THE PALMDALE MUNICIPAL CODE TO

RESCIND THE CURRENT PALMDALE HUMAN RIGHTS ADVISORY

COMMITTEE AND DIRECTING CONSOLIDATION WITH THE CITY

OF LANCASTER FOR A REGIONAL BODY

RECOMMENDATION
Consider and adopt Ordinance No. 1646, an Ordinance of the City Council of the City of Palmdale discontinuing its current Human Rights Advisory Committee, which serves only the City of Palmdale and administratively replacing this committee with a joint Palmdale-Lancaster resident committee. The unified committee is believed to better serve on a joint and mutually beneficial basis, the Antelope Valley and those residing in it.

The City Council’s adoption of this ordinance will serve both to discontinue the single city entity and thereafter administratively working with the City of Lancaster executives.

BACKGROUND AND DISCUSSION
The Antelope Valley, and primarily the cities of Palmdale and Lancaster, share many common goals, interests and quality of life issues. Having two separate municipal committees, each with similar goals and objectives, is believed to dilute and balkanize the benefits that would be enhanced by a joining of these community-oriented committees. After consultation between the two cities, it was concluded that a single, reorganized body would better serve all the regions. Accordingly, this is the first step of the creation of a coordinated regional committee.

Staff recommends that the City Council proceed as recommended for the benefit of the City and region.

Report to Mayor and City Council
Re: Adopt Ordinance No. 1646
October 2, 2024

Page 2 ends

FISCAL IMPACT
None.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: William P. Curley, III, City Attorney
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

ATTACHMENT
Ord. No. 1646
ORDINANCE NO. 1646

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALMDALE REPEALING CHAPTER 2.55 OF THE PALMDALE

MUNICIPAL CODE TO RESCIND THE CURRENT PALMDALE

HUMAN RIGHTS ADVISORY COMMITTEE AND DIRECTING

CONSOLIDATION WITH THE CITY OF LANCASTER FOR A

REGIONAL BODY
WHEREAS, the City Council is committed to cultivating and sustaining diversity; and
WHEREAS, the City Council has determined that a valley-wide approach to promoting and celebrating the diverse communities in the Antelope Valley will better serve this community and the Antelope Valley as a whole; and
WHEREAS, the City Council desires to facilitate a valley-wide inclusive community by cultivating awareness, increasing diversity, encouraging sensitivity, promoting equity, and improving relations with various segments of the community; and WHEREAS, the City Council has determined that elimination of the Palmdale Human Rights Advisory Committee will allow for a valley-wide approach to be implemented consistent with the foregoing recitals.

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

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

Section 2. Chapter 2.55 is hereby repealed in its entirety.

Section 3. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

Ordinance No. 1646

Page 2 of 2 ends

PASSED, APPROVED and ADOPTED this 2nd day of October, 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 the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 2nd day of October, 2024 effective on the ____ day of ___________, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

Palmdale City CouncilOctober 2, 2024

Palmdale City Council
October 2, 2024