Palmdale City Council
November 6, 2024

Flock has read approximately 12 million license plates monthly and has been instrumental in investigating countless crimes within Palmdale.

Like mobile phones, they are connected to the cloud through LTE and operate 24/7 in any weather.

Flock Safety LPR cameras leverage the FBI's National Crime Information Center (NCIC) federal and state hotlist, updated at least every 24 hours, to send real-time alerts to nearby law enforcement officers when a wanted or stolen vehicle is detected. Officers can then verify that information with their dispatch to safely make arrests and recover stolen property. They also integrate with the National Center for Missing and Exploited Children’s AMBER Alert database to help locate missing individuals and can be used in the same capacity for Silver Alerts.

Flock Group Inc. remains the sole manufacturer and distributor of the Flock Safety LPR cameras, currently utilized by businesses and law enforcement across Southern California.

The Los Angeles County Sheriff’s Department (LASD) will be able to continue utilizing systems within the surrounding jurisdiction, allowing access to a broader network of resources than if the City were to utilize a different product.

DISCUSSION
In partnership with the LASD, staff has identified the need for 25 additional cameras to expand the digital net of the Flock camera system, increasing the total number of LPR cameras throughout the City from 50 to 75.

Access to LPR data will be restricted to authorized personnel, based strictly on job function and the principle of least privilege. Only authorized users of the LASD may access flock camera footage. Strong access controls, including user authentication and authorization mechanisms, will be implemented to ensure data security.

FISCAL IMPACT
$1,133,950 for a five-year term; Funds for FY 2024-25 are budgeted and available in the amount of $229,950 in account 10125002-737126. Funds for subsequent years will be allocated through the annual budget process.

Report to Mayor and City Council
Re: Agreement No. A-9017 with Flock Group Inc.

November 6, 2024

STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.

A. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.

Prepared by: Sara Gallagher, Deputy City Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Agrmt No. A-9017 with Flock Group Inc.

Flock Safety + CA - City of Palmdale
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Tonia Crump
[email protected]
4049329942

EXHIBIT A

ORDER FORM

Customer: CA - City of Palmdale Initial Term: 60 Months Legal Entity Name: CA - City of Palmdale Renewal Term: 24 Months Accounts Payable Email: Payment Terms: Net 30
Address: 38300 Sierra Hwy Palmdale, California 93550 Billing Frequency: Annual Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $226,000.00
Flock Safety Flock OS
FlockOS ™ - Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 50 Included
Flock Safety Falcon ® Included 23 Included
Flock Safety Falcon ® Flex Included 2 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 1 $650.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 22 $3,300.00

Subtotal Year 1: $229,950.00
Annual Recurring Subtotal: $226,000.00
Estimated Tax: $0.00
Contract Total: $1,133,950.00

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires self- installation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $229,950.00
Annual Recurring after Year 1 $226,000.00
Contract Total $1,133,950.00
*Tax not included

Product and Services Description
Flock Safety Platform Items Product Description
FlockOS ™ -
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.

Flock Safety Falcon ®
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Flock Safety Falcon ®
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Flock Safety Falcon ® Flex
Law enforcement grade tactical deployment (portable + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Specific Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Palmdale
By:
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By:
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Name:
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Name:
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Title:
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Title:
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Date:
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Date:
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PO Number:

Specific Services Agreement

This Specific Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“ Customer”) (each a “Party,” and together, the “Parties”) on this the 30 day of May 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe, and limit, the Flock Services to be performed for at the Customers locations and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

A. Intent of the Parties

1. Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer . Customer is contracting only for image and recording of that data via this Agreement. (“Notifications”):

2. Customer desires access to the limited Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services.

3. Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices pursuant Customers own separate policies.

4. Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

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B. AGREEMENT

NOW, THEREFORE, Flock and Customer agree that this Agreement including Part A, Intent of the Parties (hereby incorporated by reference), and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directl y or indirectly.

1.2 “Authorized End User(s)” means any Customer authorized individual employees, agents, or contractors of Customer accessing or using the Services, under the rights or limitations granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardwar e.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as s pecifically set forth in the applicable product addenda.

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1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, emergency alerts, searching vehicle image records, video and sharing Footage.

1.10 “Footage” means still images and video, data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the 30 rolling day time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) t hrough which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the specified features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy -two (72) consecutive business hours.

Flock will provide Customer with reasonable technical and on -site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies; the competitive strength of, or market for, Flock’s products or services; such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believes Services are being used for malicious, unlawful, or otherwise unauthorized use -; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume provid ing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

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3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a secure User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonat ion.

Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, contractors, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID.

Customer is responsible for any Authorized End User activity associated with its account.

Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video or photo content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A

content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of prov iding Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other similar Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “ Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A

respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial, administrative or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. Flock acknowledges Customer is subject to the California Public Records Act and agrees that C ustomers compliance with the law does not violate any term, express or implied, of this Agreement.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flo ck IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

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5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledge s and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A

amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the g reater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then -current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period and minimize and repair any unreasonable damage to Customers property. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre- paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer unde rstands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAI MS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER ONLY DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY ; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; O R (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

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NOTWITHSTANDING ANYT HING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS ABSOLVING FLOCK OF LIABILITY .

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardw are, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention o f title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

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10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances , as adopted or revised from time to time, and their associated record retention schedules, including responding to any subpoena request(s).

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11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party ’s consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party’s assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

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11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts so long as the use is professional and does not put Customer into a bad light .

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States D epartment of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bi nd the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute.

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In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation. Flock shall have the option to terminate this Agree ment upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day deliver y by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

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FLOCK NOTICES ADDRESS :
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

Customer NOTICES ADDRESS :

ADDRESS:

ATTN: Ronda Perez and Roxanne Faber
EMAIL:

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EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that wor k by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain polici es of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force du ring the life of the Agreement.

Types and Amounts Required . Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual lia bility, independent contractors, broad -form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and
(v) Cyber Liabilit y insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A City Council Staff Report
DATE: NOVEMBER 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

INNOVATION AND ENVIRONMENTAL DIVISION
DISTRICT: ALL
SUBJECT: ACCEPT THE CHARGING AND FUELING INFRASTRUCTURE DISCRETIONARY GRANT OPPORTUNITY FROM THE U.S.

DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY
ADMINISTRATION FOR THE FUNDING AMOUNT OF $ 14,810,000

AND APPROVE AGREEMEN TS FOR THE IMPLEMENTATION OF

THE EVEQUITY LEADERSHIP PROJECT

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement No. A -9080 with the U.S. Department of Transportation Federal Highway Administration for the acceptance of Charging and Fueling Infrastructure Discretionary Grant Opportunity for th e EVequity Leadership Project, for a not to exceed amount of $14,810,000. The term of this contract has an estimated project start date upon full execution and must be expended by September 30, 2030;

2. Authorize the City Manager or her designee to execute Agreement No. A-9080 with the U.S. Department of Transportation Federal Highway Administration including minimal and/or non-substantial changes;

3. Approve Agreement No. A -8996 with The Energy Coalition (TEC) for program administration, installation, and maintenance of the charging stationsservices for a not to exceed amount of $14,650,000. The term of this contract has an estimated project start date upon full execution and must be expended by September 30, 2030; and,

4. Authorize the City Manager or her designee to execute Agreement No. A-8996 with TEC, including minimal and/or non-substantial changes.

Report to Mayor and City Council
Re: Accept the CFI Discretionary Grant Opportunity and Approve Agreement Nos. A- 9080 and A-8996
November 6, 2024

BACKGROUND
The City and TEC, a California-based nonprofit organization, were awarded a $14,810,000 grant from the CFI Discretionary Grant Opportunity to spearhead the EVequity Leadership Project (Project) implementation. The Project will address critical challenges in disadvantaged communities by installing 390 Level 2 chargers and 22 Direct-Current Fast Chargers (DCFC) at approximately 50 strategically selected locations across various organizations in Los Angeles County. These sites span eight congressional districts, with 37 sites meeting the Justice40 criteria, ensuring equitable access to Electric Vehicle (EV) charging infrastructure.

The Project builds on the success of the County of Los Angeles Demonstration Project, Public Power-Up, and expands it by incorporating DC fast charging and additional locations. By strategically placing chargers at government-owned properties within walking distance of affordable housing, the Project will reduce obstacles to EV adoption in disadvantaged communities, where EV adoption and charging infrastructure development have been historically limited.

In addition to installing EV infrastructure, the Project includes outreach and workforce development programs. The programs, which are based on successful pilot initiatives, will be operated by local non-profits to inform communities of the benefits of EVs and provide hands-on support in applying for vehicle incentives.

DISCUSSION
The City will be a pass-through agency. The overall Project budget total is $18,510,000, of which $14,810,000 will be grant reimbursable. The grant will cover 80% of the total cost of implementing the Project. The remaining 20% will be provided through a combination of California Energy Commission (CEC) funds, the City’s private sector partner Electric Vehicle Charging Solutions (EVCS), and two CEC-funded programs managed by TEC which cover the grant’s cost share requirements.

The City will receive $1,694,000 of the grant funds to install charging stations and $150,000 to administer the program. The City will also receive a proposed total of 24 Level 2 chargers and a proposed total of eight Level 3 DCFCs at three facilities: Domenic Massari Park, Palmdale Library, and Poncitlan Square.

The City will enter Agreement No. A-8996 with TEC for prime consultant services including program administration, installation, and maintenance of the charging stations, for a total not to exceed amount of $14,650,000.

TEC, in conjunction with their subcontractor EVCS, demonstrates unique expertise and competence in managing similar projects, rendering them specifically qualified for this agreement. As the pass-through agency, Palmdale will draw down the grant funds for the Report to Mayor and City Council
Re: Accept the CFI Discretionary Grant Opportunity and Approve Agreement Nos. A- 9080 and A-8996
November 6, 2024

various locations across several jurisdictions to pay for the installation of EV charging units when the work is completed.

FISCAL IMPACT
$14,810,000; will be from a CFI grant administered by the U.S. Department of Transportation Federal Highway Administration. A budget of $1,844,000 is allocated for FY 2024-25 and future allocations will be proposed through the annual budget process.

The Project is budgeted in Account # G0172240-724525-1127.

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

B. Seek innovative, cost effective, customer focused methods of service delivery.

Goal IV: Maintain a desirable community where everyone wants to live, work and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Leonardo Torres, P.E.

Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Agrmt No. A-9080 with The U.S. Dept. of Transportation
Agrmt No. A-8996 with The Energy Coalition

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1. Award No.

2. Effective Date
See No. 17 Below

3. Assistance
Listings No.

20.205

4. Award To

Unique Entity Id.:

TIN No.:

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Acquisition & Grants Management
1200 New Jersey Avenue, SE
HCFA-32, Mail Drop E62-204
Washington, DC 20590

6. Period of Performance
Effective Date of Award – [enter
date]

7. Total Amount
Federal Share:

Recipient Share:

Total:

$0
$0
$0

8. Type of Agreement
Grant

9. Authority
Infrastructure Investment and Jobs Act (IIJA)
(Pub. L. 117-58, § 11401 November 15, 2021)
codified at 23 U.S.C. 151

10. Procurement Request No.

11. Federal Funds Obligated
$0

12. Submit Payment Requests To
See Article 13 of the General Terms and
Conditions.

13. Payment Office
See Article 13 of the General Terms and
Conditions.

14. Accounting and Appropriations Data by Fiscal Year (FY)

15. Description of Project

RECIPIENT

16. Signature of Person Authorized to Sign

___________________________________
Signature Date Name:

Title:

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer

______________________________________
Signature Date Name:

Title: Agreement Officer

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FEDERAL HIGHWAY ADMINISTRAITON

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 and FISCAL YEAR 2023 CHARGING AND FUELING

INFRASTRUCTURE GRANT PROGRAM
This agreement is between the Federal Highway Administration (the “FHWA”) and the [ insert full name of applicant ] (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Charging and Fueling Infrastructure (“CFI”) Grant for the [ insert full name of the project from the application ].

If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.

The parties therefore agree to the following:

ARTICLE 1
GENERAL TERMS AND CONDITIONS.

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 and Fiscal Year 2023 Charging and Fueling Infrastructure (CFI) Grant Program” dated March 1, 2024, which is available at https://www.fhwa.dot.gov/environment/cfi/resources/fy2022-2023-cfi-terms- conditions.pdf. The General Terms and Conditions reference the information contained in the schedules A – K to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action which may include but is not limited to terminating the CFI grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the CFI Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

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ARTICLE 2
SPECIAL TERMS AND CONDITIONS.

2.1 The Recipient acknowledges that the Project must be performed in compliance with the National Electric Vehicle Infrastructure Standards and Requirements under 23 CFR part 680 including but not limited to the data reporting requirements under 23 CFR 680.112.

2.2 The Recipient acknowledges the requirements, including the non-Federal cost share requirements applicable to contracting with Private Entity, in the FY 2022-2023 CFI Terms and Conditions document under section Article 12 titled Contracting and Subawards in section 12.8: Requirement to Contract with a Private Entity.

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SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: [ insert full title of submitted application ] Application Date: [ insert the date in box 3 of the SF-424 ]

2. Recipient’s Unique Entity Identifier.

See section 25.3 of the General Terms and Conditions.

3. Recipient Contact(s).

Name
Title
Agency
Mailing Address
Phone Number
Email Address

4. Recipient Key Personnel.

Name Title or Position
[ insert name ] [ insert title ]

5. FHWA Project Contact(s).
[ enter name ]
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[ enter telephone ]
[ enter email address ]

and

[ enter name ]

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Agreement Specialist (AS)
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-204
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[ enter telephone ]
[ enter email ]

and

[ enter name ]

Agreement Officer Representative (AOR)
[ enter job title ]
[ enter office ]
[ enter address ]
[ enter telephone ]
[ email address ]

and

[ enter name ]
[ enter job title ]
[ enter office ]
[ enter address ]
[ enter telephone ]
[ email address ]

6. Payment System.

USDOT Payment System: DELPHI eInvoicing

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

8. Federal Award Identification Number.

See section 25.2 of the General Terms and Conditions.

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9. Designated Subrecipient.

Designated Subrecipient: None

10. Subawards and Contracts.

Note: See 2 CFR 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.
(a) Unless described in the application and funded in the approved award, or otherwise exempted by the AO in writing, the Recipient must obtain prior written approval from the Agreement Officer (the “ AO”) for the subaward, transfer, or contracting out of any non- construction CFI Grant work under this agreement above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services.
(b) Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub-recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement. (c) The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. [List each subaward and contract here]
[OR]
No subawards or contracts have been approved.

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SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

Refer to the application title and date identified in schedule A section 1, which is incorporated by reference to this agreement. See schedule E for changes to the project described in the application.

2. Statement of Work.

Refer to the application title and date identified in schedule A section 1, which is incorporated by reference to this agreement. See schedule E for changes to the project described in the application.
[ If no actions have been taken yet to consider: (1) Climate Change and Environmental Justice Impacts (see schedule H); (2) Racial Equity and Barriers to Opportunity (see schedule I); or (3) Labor and Work (see schedule J) then, as applicable, provide the following:

Climate Change and Environmental Justice Impacts Actions: [ describe each action ] Racial Equity and Barriers to Opportunity Actions: [ describe each action ] Labor and Work: [ describe each action ]

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SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: [ insert date ]
Period of Performance End Date: See section 4.4 of the General Terms and Conditions

2. Estimated Project Schedule.

Milestone Schedule Date
Planned Construction Substantial Completion and Open
to Traffic Date:
[ insert date ]

3. Special Milestone Deadlines.
[ Choose the appropriate one of these two alternatives. ]

[ Alternative #1: If the only critical dates are completion dates, then use the following: ] None.
[ Alternative #2: If there are additional critical dates, use this table and insert a row for each date. The milestone must be described in enough detail that there is no ambiguity about when it is met. Each of these milestones is intended to establish a clear trigger for FHWA to terminate the award or amend the terms of this agreement.

If railroad coordination agreements need to be executed, add a milestone for each, prefixed with “Railroad Coordination Agreement: ” See section 24.6 of the General Terms and Conditions. If additional activities are required under schedules H, I, or J, milestones are required here for those activities. ]
Milestone Deadline Date
[ insert milestone ] [ insert date ]

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SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

CFI Grant Amount: [ $XXX ]

2. Federal Obligation Information.

Federal Obligation Type: Single
[Alternative #2: If funds are to be obligated in project phases or by component:] Federal Obligation Type: Multiple
Obligation Condition Table
Federal Share
Portion of the
CFI Grant
Obligation Condition
[ insert name of first
phase (e.g., “Base
phase”) or
component (e.g.,
“Component 1”) ]
[ $XXX ]
[ insert name of second
phase (e.g., “Option
phase 1”) or
component (e.g.,
“Component 2”) ]
[ $XXX ] [FHWA will describe the conditions such as
NEPA approval; ROW]

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3. Approved Project Budget.

Eligible Project Costs
[Component 1] [Component 2] Total
CFI Grant Funds: [ $XXX ] [ $XXX ] [ $XXX ]
Other Federal Funds: [ $XXX ] [ $XXX ] [ $XXX ]
State Funds: [ $XXX ] [ $XXX ] [ $XXX ]
Local Funds: [ $XXX ] [ $XXX ] [ $XXX ]
In-Kind Match: [ $XXX ] [ $XXX ] [ $XXX ]
Other Funds: [ $XXX ] [ $XXX ] [ $XXX ]
Total: [ $XXX ] [ $XXX ] [ $XXX ]

4. Approved Pre-award Costs
[ Choose the appropriate one of these two alternatives. ]

[ If FHWA did not approve pre-award costs: ]
None. The FHWA has not approved under this award any pre-award costs under 2 C.F.R. 200.458.
[ If FHWA approved pre-award costs ]
On [ insert date ], [ Recipient ] sent a written request to the FHWA for pre-award approval under 2 C.F.R. 200.458 for costs to [ insert activity ]. The pre-award approval request would allow the recipient to [ describe the reason for pre-award authority ]. [ Recipient ] requested pre-award approval for $XXX in CFI Grant funds or non-Federal funds for match.

The FHWA Office of Acquisition and Grants Management determined that the pre-award costs were incurred directly pursuant to the negotiation and in anticipation of the Federal award and were necessary for efficient and timely performance of the scope of work.

That office issued a notice to proceed with pre-award costs on [ insert date ].

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SCHEDULE E

CHANGES FROM APPLICATION

Scope:

[ If the activities described in schedule B materially differ from the scope presented in the application, describe the changes here and explain the need for those changes. If there are no changes, state that there are no changes. ]

Schedule:

[ If any dates listed in sections 2–3 of schedule C differ from the estimated schedule presented in the application by more than six months, describe the changes here and provide an explanation of the cause of those changes. If there are no changes, state that there are no changes and remove the milestone table below. ]

The table below compares the Project milestone dates.

Milestone Application Agreement
Planned Construction Substantial Completion and
Open to Traffic Date: [insert date] [insert date]

Budget:

[ If any amounts listed in sections 3–4 of schedule D differ from the budget presented in the application, describe the changes here and provide an explanation of the cause of those changes.

If there are no changes, state that there are no changes and remove the budget table below. ]

The table below provides a summary comparison of the Project budget.

Fund Source
Application Schedule D
$ % $ %
Previously Incurred Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
CFI Funds
Other Federal Funds
Non-Federal Funds

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Fund Source
Application Schedule D
$ % $ %
Total Future Eligible Project
Costs
Total Project Costs

Other:

[ If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), then describe those changes here. If there are not, then state that there are no other notable changes from the application. ]

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SCHEDULE F

CFI PROGRAM DESIGNATIONS

1. Corridor or Community Designation.

Corridor-Community Designation: [ Corridor ] [ Community ]

2. Funding Source.

Funding Source: Highway Trust Funds (Infrastructure Investment and Jobs Act (Pub. L. 117–58, § 11101(b)(1)(A) November 15, 2021)

3. Security Risk Designation.

Security Risk Designation: [ Low ] [ Elevated ]

4. Funding Act.

Infrastructure Investment and Jobs Act (Pub. L. 117–58, § 11401 November 15, 2021).

5. Funds Obligation.

Obligation Deadline for FY 2022 Funds: September 30, 2025 Obligation Deadline for FY 2023 Funds: September 30, 2026 Funds are available until expended.

6. Cancellation Date. N/A
Cancellation Date for FY 2022 Funds: September 30, 2030

Cancellation Date for FY 2023 Funds: September 30, 2031

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SCHEDULE G

CFI PERFORMANCE MEASUREMENT INFORMATION
Study Area: [ Insert description of study ]

Baseline Measurement Date: [ insert date ]

Baseline Report Date: [ insert date ]

Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Number of EV charging
ports and/or Hydrogen
stations (operational)
Number of EV charging ports and/or
Hydrogen stations that are operational
(open for use by the public) as part of the
grant project. For EV chargers, report by
type, e.g., DCFC and level 2.

Quarterly
23 CFR 680.112 Reporting
(EV Charging only)
Data reporting after each EV charging
port is operational, as required by 23 CFR
680.112. Reporting using EV-ChART is
required.

One Time,
Quarterly, and
Annually
Refer to EV
ChART Guidance.

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SCHEDULE H

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table are accurate:

The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)

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The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

Supporting Narrative.
[ Insert supporting text, as described in the table above. ]

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SCHEDULE I

EQUITY AND BARRIERS TO OPPORTUNITY
Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.)

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.)

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

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The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

Supporting Narrative.
[ Insert supporting text, as described in the table above. ]

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SCHEDULE J

LABOR AND WORK
Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.)

The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)

The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)

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The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)

The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)

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The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.

Supporting Narrative.
[ Insert supporting text, as described in the table above. ]

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SCHEDULE K

CIVIL RIGHTS AND TITLE VI

1. Recipient Type Designation.
[Choose the appropriate one of these two alternatives.] [Alternative #1, if either
(1) the Recipient has an award with same operating administration that makes the Recipient subject to the operating administration’s Title VI requirements; or (2) the Recipient had an award with same operating administration as a result of which the Recipient is already in compliance with the operating administration’s Title VI requirements:]
Recipient Type Designation: Existing
Existing Award Program: [ Assistance Listing Number or Name for grant program ] [Alternative #2:]
Recipient Type Designation: New

2. Title VI Assessment Information.
[Choose the appropriate one of these two alternatives.] [Alternative #1, if the Recipient Type Designation is Existing:] This section is not applicable because the Recipient Type Designation is “Existing.” [Alternative #2, if the Recipient Type Designation is New:] Title VI Assessment Completion Date: [ insert date ]

AGREEMENT NO. A-8996

CONTRACT FOR CONSULTANT SERVICES

BETWEEN THE CITY OF PALMDALE AND THE ENERGY COALITION

THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and THE ENERGY COALITION (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.

RECITALS
WHEREAS, CITY desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK

1.1 The CITY hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:

The City of Palmdale in partnership with The Energy Coalition (TEC) and EV Charging Solutions (EVCS) applied to the Charging and Fueling Infrastructure (CFI) grant and the City was awarded $14,810,000.00. As part of the grant cost share requirement, EVCS will be funding $3,700,000.00. The overall project budget total is $18,510,000.00. The project is aimed at widespread installation of electric vehicle (EV) charging stations across the City of Palmdale and across other Los Angeles County Agencies for a total of 390 Level 2 chargers and 22 DC fast chargers.

TEC is is the prime consultant for program administration, installation, and will oversee the maintenance of the charging stations being done by EVCS. TEC will provide services required to be in compliance with the CFI grant which include the general terms and conditions, outlined in Attachment A, for a total not to exceed $18,350,000.00.

Task A: Project Administration and Management
1)Attend Project Team Meetings
● Participate in relevant meetings throughout the project's lifetime ● Coordinate with the City of Palmdale and make reasonable accommodations to 1-16Concord - Document ID: generated after first signature participate
2)Monthly Invoicing
● Send monthly invoices to the City of Palmdale
● Submit invoices for time and expenses incurred during the previous month by the 15th calendar day of each month
● Ensure compliance with CFI Terms and Conditions. Invoices should include predetermined minimum rates of wages for skilled and unskilled labor as per 23 U.S.C. 113 and 23 U.S.C. 109(s)(2).
3)Monthly Reporting
● Provide monthly report updates to the City of Palmdale as required by CFI program guidelines
● Submit reporting updates by the 15th calendar day of each month to support FHWA reporting requirements
Deliverables:
● Timely reporting and invoices
Task B: Direct Scope of Services
1)Project Development Phase
a. Site Selection and Planning
● Conduct detailed discussions with all participating public agencies to identify optimal sites for Level-2 and Level-3 charger installations ○ Align site selections with each agency's plans and goals ○ Identify additional funding through the California Energy Commission's Public Power-Up program
b. Technical Education with support from the EV vendor
● Educate agencies on various charger options and layout configurations ● Provide technical guidance for site-specific installations ● Assist agencies in understanding technical requirements and implications c. Site Host Agreement Review
● Facilitate calls between EVCS and participating agencies ● Review electric vehicle infrastructure vendor site host agreements between EVCS and participant agencies
● Provide recommendations and clarifications to participating agencies, as needed d. Council Approval Support
● Offer technical support to agencies in preparing for and securing council approvals ● Assist participating agencies in developing presentation materials and addressing 2-16Concord - Document ID: generated after first signature technical queries
2)Administrative Support for the City of Palmdale
a. Vendor Management
● Facilitate and oversee the contracting process with EVCS ● Serve as a liaison between the City of Palmdale and EVCS as needed ● Provide oversight of work by the cities of Cudahy and South El Monte for charger installations at their respective cities
b. Financial Oversight Support
● Review and process invoices from EVCS
● Review and process invoices from the cities of Cudahy and South El Monte ● Review all financial documentation for compliance with grant requirements ● Document and report the labor and O&M activities from the EV vendor subcontractor attributed to the match share as per CFI terms and conditions c. Reporting and Compliance
● Draft progress reports for the City of Palmdale at a frequency required by the CFI guidelines
● Prepare detailed expenditure reports to meet CFI reporting requirements ● Monitor project milestones and track overall progress ● Document challenges faced during implementation
● Record and report significant changes or deviations from the original scope of work 3)Project Implementation, Monitoring and Quality Assurance a. Implementation Oversight
● Monitor the overall progress of charger installations across all participating agencies
● Ensure charger installations are in compliance with grant guidelines and specifications
● Coordinate with agencies and vendors to address issues during installation b. Technical Quality Control
● Conduct periodic site visits to verify installations
4)Collaboration and Communication
a. Inter-Agency Coordination
● Facilitate communication between the City of Palmdale and other participating agencies
● Organize quarterly update meetings to ensure all parties are informed of project progress
3-16Concord - Document ID: generated after first signature b. Stakeholder Management
● Act as a point of contact for queries related to technical aspects of the project ● Assist in preparing communication materials for various stakeholders as needed 5)Project Closure and Evaluation
a. Final Reporting
● Compile a comprehensive final report detailing project outcomes, challenges, and lessons learned
● Assist Palmdale with the preparation of any required deliverables for the CFI program
b. Knowledge Transfer
● Develop best practices documentation based on project experiences ● Conduct a closeout meeting with all participating agencies to share insights and gather feedback
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
4-16Concord - Document ID: generated after first signature CONSULTANT’s Team and Key Personnel are as follows:

Rebecca Hausheer, Director
Pranesh Venugopal, Program Manager
Kevin Torres, Project Manager
Monica Inouye, Sr. Project Coordinator
Leslie Lopez, Project Coordinator
Chris Alano, Accounting Supervisor
Tracey Igawa, Project Accountant
Kristin Knox, Program Analyst
Emma Vo, Controller
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 has an estimated project start date upon full execution of the contract and must be expended by September 30, 2030 in accordance with CFI Discretionary Grants Program (FY2022-2023). TEC will be responsible for performance measures as required by 23 CFR 680.112.
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 5-16Concord - Document ID: generated after first signature hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY -furnished information.
8 CONSULTANT’S PERSONNEL

8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.

8.2 CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.

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

8.4 CONSULTANT shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONSULTANT’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
9 COMPENSATION

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 fourteen million and six hundred and fifty thousand dollars ($14650000.00 ), payable as follows:

The fees will be reimbursed, with the stipulation that the CONSULTANT must submit invoices for time and expenses incurred during the previous month by the 15th 6-16Concord - Document ID: generated after first signature calendar day of each month to the City of Palmdale. Ensure compliance with CFI Terms and Conditions. Invoices should include predetermined minimum rates of wages for skilled and unskilled labor as per 23 U.S.C. 113 and 23 U.S.C. 109(s)(2).

The billing methodology will be as follows:

Max Direct Labor, Fringe, Indirect per position classification.

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.

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 7-16Concord - Document ID: generated after first signature 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*  $1,000,000 limit on a per occurrence basis

11.1.3 Commercial General Liability
 $1,000,000.00 limit on a per occurrence basis
 $2,000,000.00 general aggregate limit

11.1.4 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, 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 8-16Concord - Document ID: generated after first signature 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.

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 9-16Concord - Document ID: generated after first signature the term of this Agreement, and will cover CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.

11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONSULTANT fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.

11.10 CONSULTANT shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONSULTANT shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONSULTANT's sole risk. CONSULTANT's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.

12 TERMINATION WITHOUT CAUSE
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with thirty (30) days written notice. In the event of such termination, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
13 TERMINATION FOR CAUSE

13.1 If the City determines that the CONSULTANT has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the City shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty 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. 10-16Concord - Document ID: generated after first signature

13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses.

The above is in addition to any other remedies available by law or equity to the City.

13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12. 14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONSULTANT arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared in the performance of this Contract are to be, and remain the property of CITY. CONSULTANT shall furnish CITY, upon its request, originals or reproducible or electronic copies of reports, studies and of all other documents listed above.
16 SUBCONTRACTING, DELEGATION AND ASSIGNMENT

16.1 CONSULTANT shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:
11-16Concord - Document ID: generated after first signature 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.

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. 12-16Concord - Document ID: generated after first signature

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 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.
13-16Concord - Document ID: generated after first signature

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. 14-16Concord - Document ID: generated after first signature

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

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE: THE ENERGY COALITION:

Ronda Perez
City Manager

Rebecca Hausheer
Director
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Hwy Suite A
Palmdale, CA 93550

ADDRESS FOR NOTICE:

THE ENERGY COALITION
525 Technology Drive Suite 350
Irvine, CA 92618
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

15-16Concord - Document ID: generated after first signature □Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
16-16Concord - Document ID: generated after first signature City Council Staff Report
DATE: NOVEMBER 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 3
SUBJECT: APPROVE FINAL PARCEL MAP NO. 83985 (LOCATED AT THE NORTHEAST CORNER OF AVENUE S AND 40TH STREET EAST)

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Final Parcel Map No. 83985 (located at the northeast corner of Avenue S and 40th Street East);

2. Authorize the City Clerk to execut e the City Clerk’s Statement and Special Assessments Statement; and,

3. Authorize the Acting City Surveyor to execute the City Surveyor’s Statement and file the map with the County Recorder.

BACKGROUND
Final Parcel Map No. 83985, located on the northeast corner of Avenue S and 40th Street East, is a 4.47-acre subdivision, legally creating four parcels to construct three commercial buildings (one express car wash and two drive -through restaurants). All the proposed lot sizes and dimensions comply with the C ity’s Zoning Ordinance. The applicant for this development is CVSA Palmdale LLC , a California Limited Liability Company. The Planning Commission approved the tentative parcel map on June 8, 2023, by Resolution No. PC-2023-011.

DISCUSSION
This final parcel map is consistent with the tentative parcel map, and all final map conditions of approval have been met. The Acting City Land Surveyor has reviewed the final map for technical accuracy , verified it complies with the Subdivision Map Act, and deemed this Final Parcel Map as ‘timely filed’.

Report to Mayor and City Council
Re: Approval of Final Parcel Map No. 83985
November 6, 2024

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: Leonardo Torres, P.E.

Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Parcel Map No. 83985

City Council Staff Report
DATE: NOVEMBER 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: ADOPT RESOLUTION NO. CC 202 4-083, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE DECLARING ITS

INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER THE
VACATION OF PORTIONS OF 8 TH STREET EAST SOUTH OF
RANCHO VISTA DRIVE AND NORTH OF EAST AVENUE P-8

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2024-083, a Resolution of the City Council of the City of Palmdale declaring its intention to conduct a public hearing to consider the vacation of portions of 8th Street East south of Rancho Vista Boulevard and north of Avenue P-8;

2. Authorize the Mayor to execute Resolution No. CC 2024 -083, declaring the intention to conduct a public hearing to consider the vacation of portions of 8th Street East south of Rancho Vista Boulevard and north of East Avenue P-8; and,

3. Set the time and place for a public hearing on February 5, 2025, to consider the proposed vacation.

BACKGROUND
In conjunction with developing their commercial building, Covington Development Partners, LLC, applied for street vacation in March 2024. The developer is requesting the vacation of portions of the existing right of way along the frontage of their development located on the west side of 8th Street East south of Rancho Vista Boulevard and north of East Avenue P -8 (AIN 3022 -001-027). The street vacation has been requested in conjunction with the approval of the project improvement plans and as a condition of approval for Site Plan Review (SPR22 -012). Following the review and adoption of this development by the Planning Commission (PC -2023-017), it was Report to Mayor and City Council
Re: Resolution No. CC 2024-083
November 6, 2024

determined that any potential adverse environmental impacts could be mitigated and would, therefore, be insignificant.

DISCUSSION
The property that makes up this current commercial building project was previously part of an auto storage development. As such, it was conditioned to dedicate additional right- of-way to specifically serve their land use. The right-of-way dedication included multiple driveway locations and a right-turn pocket. Unfortunately, the auto storage developer never completed the project, and no new public improvements were ever constructed.

The off-site improvements for the current commercial building development (SPR 22- 012) were evaluated during the entitlement process, it was determined that the previously conditioned right turn lane, one driveway, and several expanded entry curb radii along 8th Street East were no longer necessary. Therefore, the previously dedicated right-of-way is the subject of this proposed street vacation.

According to the Streets and Highway Code, Section 8320, the local agency (City) processing the street vacation under the General Vacation Procedure shall initiate the vacation proceedings by setting the date, hour, and place for a public hearing. This action will be followed by notification to public utility providers, posting notices at the property, and publication of the vacation information and public hearing schedule in the local newspaper.

FISCAL IMPACT
$0; There is no fiscal impact to the City as a result of this action.

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

A. Seek innovative, cost effective, customer focused methods of service delivery Prepared by: Leonardo Torres, P.E.

Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Reso. No. CC 2024-083

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-083

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO
CONSIDER THE VACATION OF PORTIONS OF 8 TH STREET EAST,

SOUTH OF RANCHO VISTA BOULEVARD, NORTH OF EAST AVENUE
P-8.

WHEREAS, the Engineering Division received an application from the property owner of parcel number 3022-001-027 located on the west side of 8 th Street East, south of Rancho Vista Boulevard, north of East Avenue P-8 requesting the City move forward with proceedings to vacate portions of 8th Street East no longer deemed necessary; and WHEREAS, the proposed vacation has been examined and determined to not negatively impact the general public and has been found to be consistent with the Circulation Element of the City’s General Plan; and
WHEREAS, the improvements within the right of way to be vacated were never constructed and are not necessary for the proposed commercial development; and WHEREAS, the current development was approved through Site Plan Review (SPR) 22-012 and Environmental Impact Report (EIR) 23-002 (SCH No. 2022080663) and was adopted by the Planning Commission (Resolution No. PC-2023-017) on August 10, 2023; and
WHEREAS, the current project was determined not to have any adverse or significant impacts on the environment following the implementation of specific mitigation measures.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Palmdale hereby declares its intention to conduct a public hearing to vacate portions of 8 th Street East no longer deemed necessary south of Rancho Vista Boulevard and north of East Avenue P-8, located within the City of Palmdale, as described in Exhibit “A” and shown in Exhibit “B”.

SECTION 2. The City Council, in vacating the portions of said street described in Exhibit “A”, elects to proceed under and in accordance with the provisions of the Public Streets, Highways, and Service Easements Vacation Law Division 9, Part 3, Chapter 3 of the Streets and Highway Code of the State of California.

Resolution No. CC 2024-083

2 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easement for public utility purposes belonging to either the City of Palmdale or any other public entity.

SECTION 4. Notice is hereby given that a public hearing shall be held on the proposed street vacation on Wednesday, February 5, 2025, at the hour of 5:00 pm in the Council Chambers at City Hall, 38300 Sierra Highway, Suite B, Palmdale California at which time any and all interested persons may present evidence for or against the proposed vacation.

SECTION 5. The City shall cause notice of the public hearing on the proposed street vacation to be published in the local newspaper and posted on-site as required by the Public Street, Highway, and Service Easement Vacation Law.

Resolution No. CC 2024-083

3 SECTION 6. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 6th day of November 2024. _________________________________
Austin Bishop, Mayor
Approved as to form:

ATTEST:
___________________________ _________________________________ William P. Curley III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 6th day of November 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

EXHIBIT “A”

EASEMENT V ACATION
APN: 3022-001-027

EAST LINE OF SAID LOT 43, NORTH 00°42’55” EAST 234.58 FEET, TO THE BEGINNING OF A CURVE, CONCA VE SOUTHWEST, HA VING A RADIUS OF 30.00 FEET;

THENCE, ALONG SAID CURVE, AN ARC DISTANCE OF 21.16 FEET, THROUGH A CENTRAL ANGLE OF 40°24’51”, A RADIAL TO SAID POINT BEARS NORTH 50° 18’04” EAST, RETURNING TO THE TRUE POINT OF BEGINNING, OF PARCEL “A”.

HEREINABOVE THE DESCRIBED PARCEL “A” CONTAINS 0.082 ACRES, MORE OR LESS.

PARCEL “B”:

COMMENCING A T THE SOUTHEAST CORNER OF SAID LOT 44;

THENCE, ALONG THE SOUTH LINE OF SAID LOT 44, NORTH 89°46’14” WEST 17.00 FEET;

THENCE, ALONG A LINE PARALLEL WITH AND 17.00 FEET DISTANT, MEASURED PERPENDICULAR, FROM THE EAST LINE OF SAID LOT 44, NORTH 00°42’55” EAST 16.96

FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE SOUTHWEST, HA VING A RADIUS OF 32.00 FEET;

THENCE, ALONG SAID CURVE, AN ARC DISTANCE OF 50.27 FEET, THROUGH A CENTRAL ANGLE OF 90°00’00”, A RADIAL TO SAID POINT BEARS NORTH 00°42’55” EAST;

THENCE, ALONG A LINE PARALLEL WITH AND 49.00 FEET DISTANT, MEASURED PERPENDICULAR, FROM SAID EAST LINE OF SAID LOT 44, NORTH 00°42’55” EAST 48.33

FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE, CONCA VE NORTHWEST, HA VING A RADIUS OF 32.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 21°18’33” EAST;

THENCE, ALONG SAID CURVE, AN ARC DISTANCE OF 1.83 FEET, THROUGH A CENTRAL ANGLE OF 03°17’02”, TO THE TRUE POINT OF BEGINNING, OF PARCEL “B”;

THENCE, CONTINUING ALONG SAID CURVE, AN ARC DISTANCE OF 36.13 FEET, THROUGH A CENTRAL ANGLE OF 64°41’34”, A RADIAL TO SAID POINT BEARS SOUTH 89°17’05” EAST;

THENCE, ALONG A LINE PARALLEL WITH AND 29.00 FEET DISTANT, MEASURED PERPENDICULAR, FROM SAID EAST LINE OF SAID LOT 44, SOUTH 00°42’55” WEST 7.24

FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCA VE NORTHWEST, HA VING A RADIUS OF 22.00 FEET;

THENCE, ALONG SAID CURVE, AN ARC DISTANCE OF 30.86 FEET, THROUGH A CENTRAL ANGLE OF 80°22’16”, A RADIAL TO SAID POINT BEARS SOUTH 08°54’47” EAST, BACK TO THE TRUE POINT OF BEGINNING, OF PARCEL “B”.

HEREINABOVE DESCRIBED PARCEL “B” CONTAINS 52 SQUARE FEET, MORE OR LESS.

PARCEL “C”:

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 44;

THENCE, ALONG THE SOUTH LINE OF SAID LOT 44, NORTH 89°46’14” WEST 17.00 FEET;

CC/SA – October 2, 2024 – 5PM 1

MINUTES

CITY COUNCIL/SA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
OCTOBER 2, 2024

www.cityofpalmdale.org

1) CALL MEETING TO ORDER

Mayor Bishop called the meeting to order at 5:07 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.

ABSENT: None.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Mayor Pro Tem Loa led the pledge of allegiance.

4) PUBLIC COMMENTS

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

The following individuals provided public comments: Renee Kimbrough, Carla Hubler, Alyson Montez, Isela Carreno, Cindy Small, Jackie Quillen, Mr. Contreras, and Vicky Ventura commented on Item 5.3; Eugene Hernandez, Sky Jung, Rudolpho Perez , and Rich Gallego commented on Item 7.1; Felix Menendez commented on Item 6.1, 7.1, comments made by Councilmember Bettencourt, and sponsoring of Hispanic Heritage event.

Councilmember Alarcón commented on implementing mandatory translation services at Council meetings.

Councilmember Bettencourt provided a response to the comments made by Felix Mendez and addressed past postings by Marcos Alvarez.

Mayor Bishop pulled Item 5.3 for discussion.

5) CONSENT CALENDAR

5.1) Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).

CC/SA – October 2, 2024 – 5PM 2

5.2) Receive and file the monthly investment activity reports for August 2024.

5.3) Approve Agreement with the Los Angeles County Department of Animal Care and Control to provide general animal care and control services for a term of five years from July 1, 2024, through June 30, 2029.

Mayor Bishop discussed focusing on solutions, expanding the Palmdale Shelter, and moving animals to other states.

Public Safety Supervisor German presented the staff report and introduced representatives from the Los Angeles County Department of Animal Care and Control.

Councilmember Ohlsen discussed identifying more space, expansion, partnering with the County shelter, renewal of the contract, less euthanasia, and a detailed report.

Councilmember Bettencourt asked if the contract is not approved, does the shelter shutdown. Marcia Mayeda, Director of Animal Care and Control responded that the Palmdale shelter would continue to operate and bring in County animals from other areas.

Marcia Mayeda, Director of Animal Care and Control, stated the City can opt out or resign the contract at any time during the 5 -year period with a 60-day notice, and if the contract is not approved, they w ill continue to operate the shelter and bring animals from unincorporated areas.

Council and County staff continued discussing adjusting the boundaries to balance the population of animals, illegal breeders, and sting operations, identifying and leasing extra space, filling shelter vacancies, grant funding to support services, the veterinarian shortage, and shelter hours of operation.

Councilmember Alarcón discussed reducing euthanasia rates, alternatives to establishing additional space, public accessibility to the kennels at the Palmdale facility, shelter staffing, and City funding of a shelter.

City Manager Perez discussed the solutions staff ar e working on in partnership with animal activists and the County.

Mayor Pro Tem Loa discussed possible solutions for a local independent way of providing animal services, shelter hours of operation, animal intake rates, and contract increases.

Councilmember Bettencourt discussed encouraging students to become veterinarians, shelter hours of operation, and illegal breeders.

Mayor Bishop discussed fostering partnerships between County Animal Care and Control, rescue groups, and non- profit organizations. Ms. Mayeda spoke CC/SA – October 2, 2024 – 5PM 3

regarding the County's efforts.

Motion: Approve Agreement with the Los Angeles County Department of Animal Care and Control to provide general animal care and control services for a term of five years from July 1, 2024, through June 30, 2029 and direct the City Manager to consider options for expansion during the mid- year budgeting process.

Moved by Andrea Alarcón, seconded by Laura Bettencourt.

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

5.4) Approve Requisition with Coastline Equipment Company for the purchase of a new John Deere 444P Wheel Loader for a total not to exceed amount of $241,728; and Approve Requisition with Inland Kenworth (US), Inc., for the purchase of a new T480 4,000- gallon Water Truck for a total not to exceed amount of $217,344.

5.5) Approve Final Tract Map No. 66204 (located at the northeast corner of Avenue R-8 and Deville Street).

5.6) Approve the Second Amendment to the Agreements 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.

5.7) Approve the minutes from the previous meetings.

Motion: Approve all items listed under the Consent Calendar except Item 5.3.

Moved by Eric Ohlsen, seconded by Richard J. Loa.

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

6) PUBLIC HEARING

6.1) Public Hearing to Receive Community Input on Needs and Priorities for Inclusion in the 2025-2029 Consolidated Plan and 2025-2026 Action Plan.

Neighborhood Services Director Reyes provided a brief overview of the Consolidated Plan and the Action Plan and community meetings.

Mayor Bishop opened the Public Hearing.

Public Testimony: None.

Mayor Bishop closed the Public Hearing.

CC/SA – October 2, 2024 – 5PM 4

There was Council and staff discussion regarding community outreach and advertising methods.

Mayor Bishop reopened the Public Hearing.

The following individuals provided public testimony: Eugene Hernandez, Ayesha Jones, and Roger Soderstedt.

Mayor Bishop closed the Public Hearing.

7) NEW BUSINESS

7.1) 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.

City Attorney Curley provided background information on this item. City Manager Perez spoke on the value of creating regional bodies.

There was Council and staff discussion regarding inclusivity, working together as a region, human rights concerns, and creating the new regional body.

Motion: 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.

Moved by Eric Ohlsen, seconded by Richard J. Loa.

Vote: Motion carried (4-1)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt.

No: Andrea Alarcón.

8) CITY MANAGER’S REPORT

City Manager Perez reported the following: October 16, 2024, meeting will not be held due to Council attending the League of California Cities Conference, opening day of the food truck event on October 4 at the former Hammack Center, Tour de Luke charity bike ride, Making Strides Breast Cancer Walk October 5, District 4 Neighborhood Watch October 8, Kaleidoscope event on October 11 and 12, F all Family Movie Nights, Trick or Treat Trail at Domenic Massari October 18, Mental Health Awareness Day "You Are Enough Walk" October 19, Palmdale School District Wellness Fair at Palmdale Academy Charter School October 19, Palmdale Sheriff's Halloween themed open house October 19, Palmdale Sheriff Booster Trunk or Treat October 27, the City was awarded 1st place in our Great Food Documentary, and Palmdale's Pumpkin Palooza at the Auto Mall October 1 - October 31.

CC/SA – October 2, 2024 – 5PM 5

9) SHERIFF’S REPORT

Captain Cartmill reported on response times to calls, Part 1 Crimes, graffiti arrests, traffic enforcement & collision, 24- hour vigil for Deputy Clinkunbroomer, gun buyback event totals, and haunted house "Jail" themed open house event at the Palmdale Sheriff's Station on October 19.

10) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE

AGENDA ITEMS

Councilmember Alarcón reported attending the memorial service for Dustin Roberto.

Councilmember Ohlsen spoke regarding Measure PD and thanked Assemblyman Carrillo for his help with Caltran’s relinquishment of Palmdale Boulevard.

Mayor Pro Tem Loa reported on Spanish Talk Radio, the Enhanced Infrastructure Financing District meeting, GraceFest, the Danny Bazzell tragedy, the Palmdale Playhouse 30th Anniversary event, the Vigil for Deputy Clinkunbroomer, the Palmdale School District meeting on the EPIC Program, the Auto Dealers meeting, the Executive Committee for Regional Homeless meeting, the AV Fair, and the acquisition of Palmdale Blvd.

Councilmember Bettencourt reported on the Tele Medical Mental Health Group meeting, 9/11 Ceremony, AV Chamber Luncheon, AV Edge luncheon, AV Fair, AB 1234 and AB 1661 trainings. Councilmember Bettencourt also gave a shout -out to the Palmdale Choir for performing at the 9/11 event.

Mayor Bishop reported on the Kiwanis Duck Race, 9/11 Ceremony, Chamber Luncheon, Palmdale Playhouse 30th Anniversary, Auto Mall Dine and Drive, Food Truck event at the former Hammack Center location, Veterans Car Show, Taco Festival, and Neighborhood Watch District 1 meeting.

11) NON-AGENDA PUBLIC COMMENTS:

The following individuals provided public input: Eugene Hernandez discussed the Human Rights Advisory Committee and bus benches; Councilmember Alarcón requested an inventory of bus benches; Dave Owens discussed the Antelope Valley Restaurant Support Group and distributed hoodies to Council; Vicky Ventura, District Director for Assemblyman Carrillo, provided updates on Assembly Bills that have been brought forth; Marcos Alvarez discussed his experience as a member of the Human Rights Advisory Committee; and Marsha Furman discussed breast cancer awareness, medicine, and research.

Councilmember Bettencourt discussed her experience with cancer and medical professionals and encouraged the public to get checked for cancer.

CC/SA – October 2, 2024 – 5PM 6

12) ADJOURN

Mayor Bishop adjourned the meeting at 8:09 pm, in memory of Danny Bazzell and Deputy Ryan Clinkunbroomer, to November 6, 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 6th day of November 2024.

Austin Bishop, Mayor

ATTEST:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: NOVEMBER 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

ECONOMIC DEVELOPMENT DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2024-080, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE DECLARING

RESULTS OF MAJORITY PROTEST PROCEEDINGS AND

RENEWING THE PALMDALE TOURISM IMPROVEMENT DISTRICT

RECOMMENDATION
Staff recommends that the City Council:

1. Hold final public hearing and receive public comments on the results of majority protest proceedings and renewing the Palmdale Tourism Improvement District (PTID); and,

2. Adopt Resolution No. CC 2024 -080, declaring results of majority protest proceedings and renewing the PTID.

BACKGROUND
As outlined in t he Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq. (94 Law) , which allows a city to form a Tourism Improvement District (TID), the City of Palmdale, as part of the PTID renewal process, carried out the following:

August 21, 2024 RESOLUTION OF INTENTION HEARING
The City Council approved Resolution No. CC 2024-076 declaring its intention to renew the PTID.

August 22, 2024 NOTICE MAILED TO OWNERS
The 94 Law requires the City to mail a written notice to the owners of all businesses proposed to be within the PTID. Mailing the notice began a mandatory 45 -day period in which owners may protest PTID formation.

Report to Mayor and City Council
Re: Resolution No. CC 2024-080
November 6, 2024

September 18, 2024 PUBLIC HEARING
The City held a public hearing to receive public testimony on the renewal of the PTID and levy of assessments. No actions were required, and the City Council received multiple public comments in support of the renewal of the PTID.

November 6, 2024 FINAL PUBLIC HEARING
The City Council will hold a public hearing and receive public comments on the renewal of the PTID. If the Council, following the public hearing, decides to renew the PTID, the Council will adopt a resolution of formation.

As of the writing of this staff report, the City has not received comments against the renewal of the PTID, however has received three letters in support of the renewal.

Renewal of the PTID would continue to build upon the partnership between the City and the hotels in Palmdale to create additional tourism and visitor opportunities that visitors and residents can enjoy. By continuing to utilize funds to host signature events, enhance tourism attractions, develop additional destinations, and make infrastructure improvements tourism and business travel would continue to increase, positively impacting hotels, restaurants, and entertainment businesses.

DISCUSSION
Hotel owners and managers throughout Palmdale request to renew the PTID for an additional nine-year, eight-month term. Continued programs will include the attraction of special events, building upon existing partnerships that support regional and local events and programs, and improving infrastructure. All services provided by the PTID are intended to attract visitors and generate room nights for Palmdale hotels.

Hotel business owners are requesting that the PTID be renewed to continue a revenue source devoted to marketing Palmdale as a tourist, meeting and event destination. If renewed, the PTID would generate approximately $1,375,000 annually for the promotion of travel and tourism to the City.

The self-assessment rate is two percent of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than 30 consecutive days or stays of any officer or employee of a foreign government who is exempt by federal law or international treaty.

The City will collect the self-assessment from each lodging business located within the PTID boundaries and distribute the assessment to Visit Palmdale, which will be responsible for managing PTID programs as provided in the Management District Plan, which also includes the boundary of the PTID, a service plan, budget, and means of Report to Mayor and City Council
Re: Resolution No. CC 2024-080
November 6, 2024

governance. The PTID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City.

FISCAL IMPACT
$0; There is no fiscal impact associated with this action. If the renewal of the PTID is approved, the City will receive a fee of one percent of the total amount collected to cover the costs of administration.

In addition, during the current PTID’s management, lodging businesses have reported increased weekend and holiday stays. As such, renewal of the PTID will likely continue to contribute toward increased transient occupancy tax and sales tax revenues as PTID programs are intended to increase visitation to the City.

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

D. Develop and maintain diverse programs and events that inspire growth, pride and lifelong learning.

Prepared by: Megan Taggart, Acting Director of Economic and Community Development
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Reso. No. CC 2024-080
PTID Management District Plan 7-10-24

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-080

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND

RENEWING THE PALMDALE TOURISM IMPROVEMENT DISTRICT
WHEREAS, the City of Palmdale created the Palmdale Tourism Improvement District (PTID) on October 5, 2021, through Resolution No. CC 2021-096; and WHEREAS, the PTID was established for a five-year term which expires on October 31, 2026; and
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and
WHEREAS, lodging business owners who will pay more than 50% of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the PTID have petitioned the City Council to renew the PTID; and
WHEREAS, the PTID renewal includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City; and WHEREAS, included with the petitions was a Management District Plan (MDP) summary that describes the proposed assessment to be levied on all lodging businesses within the PTID, existing and in the future, to pay for sales, marketing, and communication programs, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed lodging businesses within the PTID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on August 21, 2024, at 5:00 PM in the Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, CA 93550, the City Council adopted a Resolution of Intention (Resolution No. CC 2024-076); and WHEREAS, on September 18, 2024, at 5:00 PM in the Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, CA 93550, the City Council held a public meeting regarding the renewal of the PTID, and the City Council heard and received objections and protests, if any, to the renewal of the PTID and the levy of the proposed assessment; and
Resolution No. CC 2024-080

WHEREAS, on Novemebr 6, 2024, at 5:00 PM in the Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, CA 93550, the City Council held a public hearing regarding the renewal of the PTID, and the City Council heard and received all objections and protests, if any, to the renewal of the PTID and the levy of the proposed assessment; and
WHEREAS, the public meeting and public hearing to consider the renewal of the PTID have been properly noticed in accordance with Streets and Highways Code §36623; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed PTID which would pay 50% or more of the assessments proposed to be levied.

Protests are weighted based on the assessment proposed to be levied on each lodging business; and
WHEREAS, the City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is not more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The PTID is hereby renewed for a nine year and eight month term, beginning November 1, 2026, or as soon as possible thereafter, and ending nine years and eight months from its start date.

SECTION 3. The MDP dated July 10, 2024, is hereby adopted and approved.

SECTION 4. The activities to be provided to benefit businesses in the PTID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the PTID; to Resolution No. CC 2024-080

provide activities or improvements outside the PTID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention (Resolution No. CC 2024-076), and the MDP. Notwithstanding the foregoing, improvements and activities that must be provided outside the PTID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the PTID.

SECTION 5. The City Council hereby finds as follows:

A. The activities funded by the assessment will provide a specific benefit to assessed businesses within the PTID that is not provided to those not paying the assessment.

B. The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

C. The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.

D. Assessments imposed pursuant to the PTID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “PTID Assessment” as specified in the MDP.

F. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase sleeping room rentals, an assessment based on gross short-term sleeping room rental revenue is the best measure of benefit.

G. The assessments levied for the PTID must be applied toward sales, marketing and communications, and destination development programs to market assessed lodging businesses in Palmdale as tourist, meeting, and event destinations, as described in the MDP. Funds remaining at the end of any year may be used in subsequent years in which PTID assessments are levied as long as they are used consistent with the requirements of this Resolution and the MDP.

Resolution No. CC 2024-080

H. The total PTID annual assessment budget for each full fiscal year (July 1 – June 30) of operation is anticipated to be approximately $1,375,000. The initial “year” of operations will be a partial year consisting of eight months, with an anticipated assessment budget of $1,001,000.

I. Bonds will not be issued.

J. The PTID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City as shown on the map attached as Exhibit A.

K. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the PTID assessment is levied as long as they are used consistent with the requirements set forth herein.

L. The assessments to fund the activities and improvements for the PTID will be collected by the City on a monthly basis, and in accordance with Streets and Highways Code §36631.

M. The City Council, through the adoption of this Resolution and the MDP, has the right, pursuant to Streets and Highways Code §36651, to identify the body that will implement the proposed program, which will be the Owners’ Association of the PTID as defined in Streets and Highways Code §36612. The City Council has determined that Visit Palmdale will continue to be the PTID Owners’ Association.

N. Visit Palmdale, pursuant to Streets and Highways Code §36650, will ensure a report for each fiscal year is prepared, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the MDP.

O. The PTID renewed pursuant to this Resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.).

P. The City Clerk, or her designee, is directed to take all necessary actions to complete the renewal of the PTID and to levy the assessments.

Q. This Resolution shall take effect immediately upon its adoption by the City Council.

SECTION 6. The City Clerk shall certify the adoption of this Resolution.

Resolution No. CC 2024-080

PASSED, APPROVED and ADOPTED this 6th day of November, 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 resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 6 th day of November, 2024, by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

EXHIBIT A
Palmdale Tourism Improvement District Boundary Map
N

PALMDALE TOURISM IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

July 10, 2024

CONTENTS
I. OVERVIEW ........................................................................................................................................ 3 II. BACKGROUND ................................................................................................................................ 4 III. ACCOMPLISHMENTS ..................................................................................................................... 5 IV. BOUNDARY ....................................................................................................................................... 6 V. ASSESSMENT BUDGET AND SERVICES ................................................................................ 7 A. Annual Service Plan ............................................................................................................................. 7 B. Annual Budget ...................................................................................................................................... 9 C. California Constitutional Compliance ............................................................................................. 10 D. Assessment .......................................................................................................................................... 11 E. Interest and Overdue Charges .......................................................................................................... 12 F. Time and Manner for Collecting Assessments .............................................................................. 12 VI. GOVERNANCE ............................................................................................................................... 14 A. Owners’ Association .......................................................................................................................... 14 B. Brown Act and California Public Records Act Compliance ........................................................ 14 C. Annual Report .................................................................................................................................... 14 APPENDIX 1 – LAW .................................................................................................................................... 15 APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 26 Prepared by
(800) 999-7781
www.civitasadvisors.com

PTID Management District Plan
July 10, 2024
3 I. OVERVIEW
Developed by Palmdale lodging businesses and the City of Palmdale (City), the Palmdale Tourism Improvement District (PTID) is a n assessment district proposed to continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The PTID was created in 2021 for a five (5) year term. Visit Palmdale (VP) and Palmdale lodging businesses now wish to renew the PTID for an additional nine (9) year and eight (8) month term.

Location: The renewed PTID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Palmdale, as shown on the map in Section IV.

Services: The PTID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales, marketing & communications, and destination development programs will increase demand for overnight tourism and market payors as tourist, meeting and event destination s, thereby increasing demand for room night sales.

Budget: The total PTID annual assessment budget for each full fiscal year (July 1 – June 30) of operation is anticipated to be approximately $ 1,375,000. The initial “year” of operations will be a partial year consisting of eight (8) months, with an anticipated assessment budget of $1,001,000. A similar assessment budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and as lodging businesses open and close.

Cost: The annual assessment rate is two percent (2%) of gross short -term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days or stays of any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each lodging business located in the boundaries of the PTID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

Duration: The renewed PTID will have a nine (9) year and eight (8) month life, beginning November 1, 2026, or as soon as possible thereafter, and ending nine (9) years and eight (8) months from its start date . After nine (9) years and eight (8) months , the PTID may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed business owners support continuing the PTID programs.

Management: Visit Palmdale (VP) shall continue to serve as the PTID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the City Council.

PTID Management District Plan
July 10, 2024
4 II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an ex isting business improvement district law to form a TID. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

California’s TIDs collectively raise over
$300 million annually for local
destination marketing. With competitors
raising their budgets, and increasing
rivalry for visitor dollars, it is important
that Palmdale lodging businesses
continue to invest in stable, commerce-
specific marketing programs.

TIDs utilize the efficiencies of private
sector operation in the market -based
promotion of tourism districts. TIDs allow tourism business owners to organize their efforts to increase commerce. Lodging business owners within the TID pay an assessment and those funds are used to provide services that increase commerce.

In California, most TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion.

PTID Management District Plan
July 10, 2024
5 III. ACCOMPLISHMENTS
Since the inception of the PTID, large strides have been taken to further Palmdale’s position in the tourist economy with the intention to drive overnight visitation to assessed businesses. The PTID has embarked on a collaborative journey, partnering with U.S. Air Force Plant 42, the AV Walls Public Art Program, the Palmdale Amphitheater, the AV Fair, and the Aerospace Valley Air Show. Amidst these efforts, Visit Palmdale successfully launched the High Desert Beer and Wine Festival at the Palmdale Amphitheater, drawing enthusiastic crowd s to drive overnight visitation to assessed businesses. Concurrently, the PTID focused on refining Palmdale's brand identity with Simpleview and revamping the Visit Palmdale website, aiming to enhance the PTID’s online presence. Looking ahead, the PTID is anticipating the launch of its first visitor's guide, marking another milestone in Palmdale's ongoing development as a destination.

PTID Management District Plan
July 10, 2024
6 IV. BOUNDARY
The PTID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Palmdale, as shown in the map below.

Lodging business means: any structure, or any portion of any such structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.

A complete listing of assessed lodging businesses within the renewed PTID can be found in Appendix

2. PTID Management District Plan
July 10, 2024
7 V. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City conferring the benefits or gra nting the privileges. The privileges and services provided with the PTID funds are sales, marketing & communications and destination development programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by VP. The chart below illustrates the initial annual assessment budget for the fiscal year November 1, 2026 – June 30, 2027, which covers the initial eight (8) month period of the PTID. These activities and allocations will also apply in sequent years.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. The chart below illustrates the annual assessment budget for fiscal year two (July 1, 202 7 - June 30, 2028). However, the City and the VP board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the PTID, any and all assessment funds may be used for the costs of defending the PTID.

Sales, Marketing &
Communications (76%)
$760,760
Destination Development (6%)
$60,060
Administration (15%)
$150,150
Contingency/Reserve (2%)
$20,020
City Collection (1%)
$10,010
Fiscal Year 2026 - 2027 (November- June)
Assessment Budget- $1,001,000
PTID Management District Plan
July 10, 2024
8 Each budget category includes all costs related to providing that service. For example, the sales and marketing budget may include project management, graphic design, promotional materials, media buys, staff time dedicated to overseeing and implementing the sales and marketing program, as well as other related costs and servic es. The costs of an individual staff member may be allocated to multiple budget categories.

Sales, Marketing, and Communications
A sales, marketing and communications program will promote assessed businesses as tourist, meeting, and event destination. The sales, marketing and communications program will have a central theme of promoting the destination as a desirable place for overnight visits. The program will have the goal of increasing demand for overnight visitation and sales at assessed businesses, and may include the following activities:
• Development of a marketing plan to ensure district funds are strategically spent to market assessed businesses;
• Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation to assessed businesses;
• Content development for photoshoots and video shoots for digital promotion, featuring assessed businesses to drive overnight visitation and sales to assessed businesses; • Preparation and production of collateral promotional materials such as brochures, visitor guides, promotional items, postcards, flyers and maps featuring assessed businesses; • Advertising targeted at potential visitors to drive overnight visitation and sales to assessed businesses;
• Implementation of a public relations and communications strategy, inclusive of social media outlets and press release distribution designed to drive overnight visitation and increase sales at assessed businesses;
Sales, Marketing &
Communications (76%)
$1,045,000
Destination Development (6%)
$82,500
Administration (15%)
$206,250
Contingency/Reserve (2%)
$27,500
City Collection (1%)
$13,750
Fiscal Year 2027/2028 (July - June)
Assessment Budget- $1,375,000
PTID Management District Plan
July 10, 2024
9 • Attendance and sponsorship of trade shows, professional industry conferences, and affiliation events to promote assessed businesses;
• Lead generation activities designed to attract tourists, business travelers, and group events to assessed businesses;
• Familiarization tours of assessed businesses;
• Visitor Service programs and enhancements, such as kiosks and Visitor Centers, that will enhance the visitor experience;
• Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;
• Joint partnerships with local businesses as well as local and state tourism organizations to increase overnight visitation at assessed businesses; and
• Development of Visitor Studies and Return on Investment (ROI) analysis on effectiveness of district funds to improve effectiveness and increase demand for overnight visitation at assessed businesses.

Destination Product Development
The Destination Project Development projects may include:
• Infrastructure improvements, acquisition and/or site development that enhance the destination’s competitive position to attract visitors, filming, sporting events, and special events year-round, to increase sales at assessed businesses;
• Comprehensive and integrated wayfinding signage system and/or banner program targeted to increase demand for visitation and increase sales at assessed businesses; and • Other programs and activities that will enhance the visitor experience to increase sales at assessed businesses.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, audits, legal, and accounting fees.

Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, or higher than anticipated program costs, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program or administrat ion costs at the discretion of the Board.

Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Board of the Owners’ Association.

Additionally, in the event there are contingency/reserve funds remaining near the end of the PTID’s term, contingency/reserve funds may be used for the cost of renewing the PTID.

City Collection Fee
The City shall retain a fee equal to one percent (1%) of the amount of assessments collected, to cover collection and administration costs.

B. Annual Budget
The total PTID annual assessment budget for each full fiscal year (July 1 – June 30) of operation is anticipated to be approximately $1,375,000. The initial “year” of operation will be a partial year consisting of eight (8) months, with an anticipated assessment budget of $1,001,000. A similar assessment budget is expected to apply to subsequent years, but this budget is expected to fluctuate 10 as room sales do, and as businesses open and close . The total assessment budget for the entire nine (9) year and eight (8) month term of the PTID is anticipated to be approximately $13,376,000.

The annual assessment rate is two percent (2%) of gross short -term sleeping room rental revenue.

Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays of any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

C. California Constitutional Compliance
The PTID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property. 1 Rather, the PTID assessment is a business -based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the PTID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of Palmdale conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expe nded on, “ a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public , businesses in general, or parcels of land, but rather to serve the specific businesses within the PTID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the City of Palmdale, and are narrowly tailored. PTID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non -assessed lodging businesses in PTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.

The assessment imposed by this PTID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses w ill be provided only to lodging businesses paying the district assessment, with sales, marketing & communications and destination developmen t programs promoting lodging businesses paying the PTID assessment. The sales, marketing & communications and destination development programs will be designed to increase room night sales at each assessed lodging businesses. Because the y are necessary to provide the sales, marketing & communications and destination developmen t programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
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11 Although the PTID, in providing specific benefits to payors, may produce incidental benefits to non- paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product .”4 The legislature has recognized that marketing and promotions services like those to be provided by the PTID are government services within the meaning of Proposition 26 5. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
PTID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the PTID, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from PTID-funded activities, be featured in advertising campaigns, and benefit from other PTID-funded services. Non- assessed lodging businesses will not receive these, nor any other, PTID-funded services and benefits.

The PTID-funded programs are targeted directly to benefit assessed businesses. PTID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue.

Based on the benefit received, assessments will not be collected on stays of more th an thirty (30) consecutive days or stays of any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

The assessment was calculated based on the total cost of the activities to be provided for the benefit of the businesses within the PTID, with costs allocated based on the proportional benefit conferred to each business. Activities funded by the PTID, are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the asses see derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to asses sed businesses with higher priced room nights.
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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The term “gross room rental revenue” as used herein means: the consideration charged for the occupancy of space in a hotel, valued in money, not including other changes such as destination fees, resort fees, reservation fees, forfeited deposits, cancelation fees, attrition fees, no -show fees, parking fees, internet fees, roll-a-way beds fees, early and/or late checkout fees, or any other charges or fees (existing or in the future).

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the PTID assessment is identified separately it shall be disclosed as the “PTID Assessment.” As an alternative, the disclosure may include the amount of the PTID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be con sidered revenue for calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Interest and Overdue Charges
The PTID shall reimburse the City of Palmdale for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent PTID assessment are sought to be recovered in the same collection action by the City, the PTID shall bear its pro rata share of such collection costs.

Assessed lodging businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business owner who fails to remit any assessment imposed by this section within the time required shall pay a overdue charge of 10 percent (10%) of the amount of the unpaid assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any lodging business owner who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency overdue charge of 10 percent (10%) of the amount of unpaid assessment, in addition to the amount of the assessment and the 10 percent (10%) overdue charge first imposed.

3. Fraud: If the City determines that the nonpayment of any remittance due under this section is due to fraud, an overdue charge of 25 percent (25%) of the amount of the assessment shall be added thereto in addition to the overdue charge stated in this section.

4. Interest: In addition to the overdue charge imposed, any lodging business owner who fails to remit any assessment imposed by this section shall pay interest at the rate of one and one-half percent (1.50%) per month or fraction thereof on the amount of unpaid assessment, exclusive of overdue charges, from the date on which the remittance first became delinquent until paid.

5. Overdue Charges Merged with Assessment: Every overdue charge imposed and such interest as accrued under the provisions of this chapter shall become a part of the assessment herein required to be paid.

F. Time and Manner for Collecting Assessments
The PTID assessm ent will be imple mented beginning November 1, 2026, or as soon as possible thereafter, and ending nine (9) years and eight (8) months from its start date. The City will be responsible for collecting the assessment on a monthly basis (including a ny delinquencies, interest a nd overdue charges) from each lodging business located in their respectiv e jurisdictions. The City shall take all PTID Management District Plan
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13 reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to the Owners’ Association.

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14 VI. GOVERNANCE
A. Owners’ Association
The City Council , through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the PTID as defined in Streets and Highways Code §36612.

The City Council has determined that VP will continue to serve as the Owner s’ Association for the PTID. VP shall be comprised of up to (7) directors as follows:
i. A majority of the Directors shall be owners or owner representatives of businesses paying the Palmdale Tourism Improvement District (PTID) assessment. ii. At least one (1) Director shall be an owner or owner representative of a lodging business with 100 rooms or less.
iii. Two (2) Directors shall be representatives from the City of Palmdale, (1) from the Palmdale City Council and one (1) City Representative.
iv. At least one (1) Director shall be a representative of a non-lodging business in hospitality or tourism sector located in the City of Palmdale.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record-keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
VP shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient deta il to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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15 APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 SUPPLEMENT *** (ALL 2022 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the PTID Management District Plan
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16 incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions.

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17 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement, and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this sec tion, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, disc ussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district.

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18 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. W herever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the ra ising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
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19 A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed t o be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district c reated pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a PTID Management District Plan
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20 statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shal l satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or bu siness. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The mana gement district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or busin esses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a publi c improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property -based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improv ements, maintenance, or activities of a property -based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identif ied parcel. (3) In a property -based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property -based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses propose d to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the PTID Management District Plan
July 10, 2024
21 public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a descripti on of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivi sion (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclu de territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to p rovide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.

PTID Management District Plan
July 10, 2024
22 (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property -based district, that property within the district will receive a special benefit.
(8) In a property -based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improveme nts, maintenance, and activities, provided that any property - based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
PTID Management District Plan
July 10, 2024
23 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of det ermining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining t he benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments PTID Management District Plan
July 10, 2024
24 (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks -Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

PTID Management District Plan
July 10, 2024
25 CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30 -day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continu e for 30 days. The next such 30 -day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. Th e public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

PTID Management District Plan
July 10, 2024
26 APPENDIX 2 – ASSESSED BUSINESSES
Lodging Business* Business Address
Best Western 600 W Palmdale Blvd, Palmdale, CA 93551
Courtyard by Marriott 530 W Rancho Vista Blvd, Palmdale, CA 93551 Doubletree 300 W Palmdale Blvd, Palmdale, CA 93551
Element Hotel 39325 Trade Center Drive, Palmdale, CA 93551 Embassy Suites 39375 5th St W, Palmdale, CA 93551
Palms Inn & Suites 430 W Palmdale Blvd, Palmdale, CA 93551 Fairfield Inn & Suites 1052 W Ave O-8, Palmdale, CA 93551 Hampton Inn & Suites 9428 Trade Center Dr, Palmdale, CA 93551 Hilton Garden Inn 1309 W Rancho Vista Blvd, Palmdale, CA 93551 Holiday Inn 38630 5th St W, Palmdale, CA 93551
Home2 Suites 38750 5th St W, Palmdale, CA 93551
Motel 6 407 West Palmdale Blvd, Palmdale, CA, 93551
OYO Hotel 217 E Palmdale Blvd, Palmdale, CA 93550
Palm Motel 38535 6th St E, Palmdale, CA 93550
Red Roof Inn 200 W Palmdale Blvd, Palmdale, CA 93551
Residence Inn by Marriot 514 West Avenue P, Rancho Vista Blvd, Palmdale, CA 93551 Sherwood Motel 1331 E Palmdale Blvd, Palmdale, CA 93550 Staybridge Suites Palmdale 420 W Park Dr, Palmdale, CA 93550 *List as of July 2024
City Council Staff Report
DATE: NOVEMBER 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
DISTRICT: 5
SUBJECT: ADOPT RESOLUTION NO. CC 2024-085, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING MAJOR
MODIFICATION 24 -0023; A REQUEST FOR MODIFICATIONS TO
SITE PLAN REVIEW 23-003 AN APPROVED MIXED -USE

COMMERCIAL AND RESIDENTIAL DEVELOPMENT LOCATED
NORTH OF AVENUE R AND WEST OF 30th STREET EAST AND FIND

THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW (APN: 3018-026-001)

RECOMMENDATION
The Planning Commission recommends that the City Council:

1. Receive public testimony regarding proposed Resolution No. CC 2024-085;

2. Adopt Resolution No. CC 2024-085 approving Major Modification (MOD) 24-0023; and,

3. Find that the project is categorically exempt from environmental review.

BACKGROUND
On July 13, 2022, City Council approved a Housing Agreement through Resolution No.

HA 2022-002 to provide a City of Palmdale Housing Authority loan for the acquisition and pre-development of the subject property, located along 30 th Street East, approximately 1,000 feet south of Palmdale Boulevard.

Site Plan Review (SPR) 23 -003 was approved by the Planning Commission on November 9, 2023, through Resolution No. PC -2023-022, and Planned Development 23-001 was approved by the City Council on November 15, 2023, through Ordinance No. 1617.

SPR 23 -003 approved the construction of seven residential buildings, one mixed -use building, and associated outdoor recreation spaces in two phases located west of Report to Mayor and City Council
Re: MOD 24-0023
November 6, 2024

30th Street East and approximately 1,000 feet south of Palmdale Boulevard. The seven residential buildings will each include two , four-bedroom units with a connected studio unit. The residential portion of the site also includes play areas for multiple age ranges, picnic and outdoor gathering areas, and a garden. The mixed -use area will be located along 30th Street East and will include six affordable studio units, 2,800 square feet of office space, 4,200 square feet of community space, and outdoor gathering and picnic areas, which are allowed uses within the Mixed Use 1 (MU 1) zone. The residential area will be located on the western portion of the site. The project is intended to provide housing for foster care youth, onsite resource caregivers, and family members.

The project will be a phased development: Phase 1 will include the construction of th e community center, six townhouse buildings (12 units), and two studio apartments, and Phase 2 will include the construction of one additional townhouse building and four studio apartments.

PD 23-001 approved the flexibility of development standards related to setbacks, height, and distance between buildings.

Through the permitting process, the applicant has identified some requested modifications to SPR 23 -003 related to the architectural and site design to meet the project goals.

On October 10, 2024, Planning Commission recommended that the City Council approve MOD 24-0023 with the addition of a condition of approval requiring all trees planted within the central courtyard of the residential portion to be mature trees.

FIGURE 1 - AERIAL MAP

Report to Mayor and City Council
Re: MOD 24-0023
November 6, 2024

DISCUSSION
The applicant has requested modifications to the architectural design and site layout which are necessary to meet project objectives and ensure the economic feasibility of the project. The full list of modifications is provided in Attachments A and B. A summary of requested modifications is provided below:

Community Center
 Replace the standing seam metal roof with a Polyvinyl Chloride (PVC) standing seam design.
 Replace decorative metal panels with stucco.
 Replace the gabion wall with stone veneer.
 Convert the interior waiting area to the exterior courtyard.  Increase studio private open space enclosure height to six feet.  Move downspouts from the interior to the exterior of the building.

Townhomes
 Replace standing seam metal roof with PVC standing seam design.  Replace the gabion wall with a burnished Concrete Masonry Unit (CMU) wall.  Reduce typical unit size by 480 square feet to 3,084 square feet.  Standardize roof plan for townhomes.
 Remove window sunshades from most elevations.
 Modify the doors and windows on the townhomes.

Site Design
 Replace swales with mounds to accommodate drainage requirements.  Replace the steel shade structure with a grove of trees.  Include sports courts within the Fire Department turnaround.  Clarify Phase 2 scope. The project was approved in two phases, with a portion of the studio units in the community center and one townhome included in the second phase. The plans have been updated to more clearly reflect the phasing.  Reduce the height of the fence and vehicle gate between residential and mixed- use area from six feet to three and a half feet.
 Relocate solar panels from roofs to carports.

Additionally, these proposed modifications require changes to the approved conditions of approval. As such, the following conditions will be removed:

19.4 Exterior ladders providing roof access and exterior downspouts shall be prohibited.

Access to the roof and all gutters/downspouts shall be concealed within buildings.

Report to Mayor and City Council
Re: MOD 24-0023
November 6, 2024

22.4 Easterly Residential Boundary - The applicant shall provide a six-foot-high wall constructed of decorative concrete masonry units with a cap, wrought iron, or a combination thereof.

FISCAL IMPACT
$7,156.80; the applicant has paid the applicable fees. The project modifications are necessary to help the project be constructed, which will increase the value of the existing vacant parcel and will establish a new nonprofit organization within the City.

ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt from California Environmental Quality Act (CEQA) review pursuant to Section 15301, Existing Facilities, and Section 15332, Infill Development, of the CEQA Guidelines, which exempts minor changes to existing facilities. Additionally, the proposed changes are minor in nature and do not significantly alter the project as approved as an infill development. The project qualifies as in-fill development because it consists of the construction of seven residential buildings, one mixed-use building including residential, community, and office uses, and outdoor gathering spaces on a site within the MU 1 (Mixed Use 1) zone, which allows the proposed uses. In addition, the project occurs within the City, on a site of less than five acres, and is substantially surrounded by urban uses with commercial development to the north, residential development to the east, and a City park to the south. Furthermore, the vacant parcels to the west of the subject site have been highly disturbed by vehicular and human activity.

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Megan Taggart, Acting Director of Economic and Community Development
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
Resolution No. CC 2024-085
Atch A Justifications
Atch B Annotated Plan Set

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-085

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING MAJOR MODIFICATION 24-0023 AND FINDING THAT

THE PROJECT IS CATEGORICALLY EXEMPT FROM

ENVIRONMENTAL REVIEW
WHEREAS, Together California has filed an application requesting the approval of Major Modification (MOD) 24-0023 for modifications to an approved mixed-use commercial and residential development for foster care housing and supportive services on a property located west of 30 th Street East, approximately 1,000 feet south of Palmdale Boulevard (APN: 3018-026-001) described herein (hereinafter referred to as “Application”);
WHEREAS, the Application applies to one parcel totaling approximately five acres indicated on the Los Angeles County Assessor roll as Assessor Parcel Number 3018-026-001, legally described in Exhibit A hereto and shown on the map attached hereto as Exhibit B; and
WHEREAS, on October 10, 2024, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2024-019 recommending City Council approval of the Application; and,
WHEREAS, on November 6, 2024, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date. Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated November 6, 2024.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that the above recitals are true and correct and incorporated herein.

SECTION 2 . The City Council hereby finds as follows with respect to the environmental documentation:

A Pursuant to the California Environmental Quality Act (CEQA) and the City’s local CEQA Guidelines, City staff determined the project to be Categorically Exempt from environmental proceedings pursuant to Sections 15301, Existing Facilities and 15332, In-fill Development. the proposed changes are minor in nature and do not significantly alter the project as approved as an infill development. The project qualifies as in-fill development because it consists of the construction of Resolution No. CC 2024-085

seven residential buildings, one mixed-use building including residential, community, and office uses, and outdoor gathering spaces on a site within the MU 1 (Mixed Use 1) zone, which allows the proposed uses. In addition, the project occurs within the City, on a site of less than five acres, and is substantially surrounded by urban uses with commercial development to the north, residential development to the east, and a City park to the south.

Furthermore, the vacant parcels to the west of the subject site have been highly disturbed by vehicular and human activity.

B The custodian of records for the environmental documents, and all other materials which constitute the record of proceedings upon which the City Council’s decision is based, is the Planning Manager of the City of Palmdale.

These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.

SECTION 3. Based upon substantial evidence presented to the City Council during the November 6, 2024, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:

A The development is consistent with the goals, policies, and objectives of the General Plan.

The project is consistent with the policies and objectives of the General Plan, as shown in Exhibit C. The proposed modifications include changes to the building design and site layout which do not expand the project as approved through Site Plan Review (SPR) 23-003 and Planned Development (PD) 23-001.

B The development is consistent with the development standards set forth in the PMC.

The project complies with the development standards of the MU 1 zone because the project does not significantly alter the setbacks, height, or layout of the project as originally approved. The adopted PD also provides flexibility in development standards for this project.

C The development is consistent with any applicable design guidelines.

The project has been reviewed for consistency with the Multifamily and Mixed-Use Design Standards, the PMC, and the PD. Based on justification provided, the project complies with these requirements.

Modifications primarily include changes in building materials and design to meet project objectives and ensure the economic feasibility of the project.

Resolution No. CC 2024-085

SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, this Council hereby approves Major Modification 24-0023, subject to the Conditions of Approval outlined within Exhibit D.

SECTION 5. The Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 6th day of November 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 resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 6 th day of November, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

EXHIBIT A
LEGAL DESCRIPTION FOR MOD 24-0023

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 24, IN SECTION 30, TOWNSHIP 6 NORTH RANGE 11 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF

THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, AS PER MAP SHOWING A PORTION OF THE LANDS OF THE PALMDALE COLONY COMPANY, IN BOOK 52 PAGES(S) 71, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 3018-026-001

EXHIBIT B
AERIAL MAP FOR MOD 24-0023

EXHIBIT C

GENERAL PLAN CONSISTENCY
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use and
Community
Design
LUD-1.1 Balanced
Land Uses. Maintain
a balanced land use
pattern to support a
broad range of
housing choices,
retail businesses,
employment
opportunities,
educational and
cultural institutions,
entertainment
spaces, and other
supportive uses
within long-
established Palmdale
neighborhoods and
new growth areas.

Yes The project will include
housing, office space, and a
community center, which will
provide services for foster
youth within the region.

The requested modifications
are deemed necessary to
make the project economically
feasible.

Equitable
and Healthy
Communities
EHC-6.5 Resource
families. Promote the
development of
housing types that
support resource
families and meet the
needs of foster youth
and transition-age
youth.

Yes The project will provide
housing and supportive
services for foster youth within
the region. The proposed
housing type will allow siblings
in foster care to stay together
with a full-time professionally
trained caregiver.
*Justification is based on a review by the case planner of the plans date stamped ‘Received September 18, 2024’.

EXHIBIT D
DRAFT

CONDITIONS OF APPROVAL FOR
MAJOR MODIFICATION 24-0023
APPROVAL DATE: NOVEMBER 6, 2024
EFFECTIVE DATE: NOVEMBER 19, 2024
INAUGURATION DEADLINE: NOVEMBER 21, 2026
These Conditions of Approval apply to Major Modification 24-0023, a request for modifications to Site Plan Review (SPR) 23-003, an approved mixed-use development including residential, office, and community uses located 1,000 feet south of Palmdale Boulevard and west of 30 th Street East and find that the project is categorically exempt from environmental review (APN: 3018-026-001). Any proposed change of use or expansion of the area, or modifications to the site plan or structures shall be submitted to the Planning Division, along with the required application and fee, for review. For the purpose of these conditions, the term “applicant” shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval.

GENERAL CONDITIONS:
1 MOD 24-0023 shall be inaugurated within three years of the effective date of SPR 23-003 or shall automatically expire on November 21, 2026. This approval is based on the plans date stamped ‘Received September 18, 2024.’ This project shall be considered inaugurated if applicable grading and building permits have been issued, internal infrastructure installed, foundations poured, and above-ground construction initiated, and ongoing. Cessation of construction activity for over 180 days will result in a lapse of this approval. (P) 2 Should this project not be inaugurated during the initial approval period, an extension of time not to exceed an additional two years for SPR 23-003 may be granted. In granting any such time extension, the City may impose new conditions and standards, as applicable. Applications for time extensions must be filed a minimum of 90 days prior to the expiration date. Requests for a time extension must be accompanied by a formal application, all required exhibits and plans and required application fees. (P)
3 This approval shall not become effective for any purposes until any appeal period has passed and the applicant has filed at the office of the Planning Division their notarized affidavit stating that they agree to, and accept, all Conditions of Approval as approved by the reviewing authority as set forth herein. (P) DRAFT Conditions of Approval
MOD 24-0023

4 These Conditions of Approval apply to MOD 24-0023 and shall supersede the previous Conditions of Approval for SPR 23-003 approved through Resolution No. PC-2023-022. (P)
5 The applicant shall comply with all requirements of the Palmdale Municipal Code (PMC), Planned Development (PD) 23-001, all requirements of the City of Palmdale ordinances, resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. (P) 6 Immediately upon approval of this project by the Review Authority, the applicant shall submit to the City a cashier’s check, payable to Los Angeles County Clerk, in the amount of $75 for the environmental filing fee in compliance with the California Environmental Quality Act (CEQA) Guidelines. Furthermore, if the Department of Fish and Wildlife determines that this project is not exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4 because the project has more than a de minimis impact on fish and wildlife, then the applicant shall also pay to the Department of Fish and Wildlife any fee and any fine which the Department determines to be owed. (P)
7 When exhibits and written Conditions of Approval are inconsistent, the written conditions shall prevail. (P)(E)
8 The applicant shall defend, indemnify, and hold harmless the City its elected and appointed officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its elected and appointed officials, officers, employees, or agents to attack, set aside, void, or annul any approval or Condition of Approval of the City concerning this development project, including but not limited to any approval or Condition of Approval of Review Authority, which action is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its elected and appointed officials, officers, employees, and agents in the defense of the matter. (P) 9 The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with all pertinent requirements in the PMC, including the requirement that a business license be obtained by all entities doing business in the City. (P)
10 The use shall meet the standards and shall be developed within the limits established by the PMC as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. (P)
DRAFT Conditions of Approval
MOD 24-0023

11 Pursuant to Government Code Section 66020(a), any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on this development project. Required fees must be paid in full or arrangements must be made to pay the fee when due. Written notice of payment under protest must be filed with the City at the time of approval or conditional approval of this project or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions imposed on this project. (P) 12 Sign approval for the project shall be a separate process requiring the issuance of a sign permit and building permits and is subject to review and approval by the Planning Division and Building and Safety Division. (P) (B&S) 13 All new construction shall comply with these Conditions of Approval and shall be submitted to the Planning Division for review and approval along with the required fees for plan check review. Such plans shall be fully dimensioned and in substantial conformance with those approved by the Planning Commission. (P)(B&S)
14 The applicant shall participate in such on-site and off-site water service improvements as may be required by the serving water purveyor. (E) 15 Coordination with utility companies by the applicant’s engineer during design shall be required in order to ensure that required public improvements are not in conflict with existing or proposed utilities. (E)
16 All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs, shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. Plans for public improvements must be prepared, signed, and stamped by a California Registered Civil Engineer. (E)
17 Left-turn ingress and/or egress at 30 th Street East may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered. (TE)
18 Intersection sight distance and stopping sight distance shall be shown to meet the required standards both horizontally and vertically at all vehicular ingress/egress locations including consideration for walls, landscaping, grading, and vegetation. (TE)
19 The driveway on 30th Street East shall line up with the driveway on the east side of 30th Street East. (TE)
DRAFT Conditions of Approval
MOD 24-0023

THE FOLLOWING CONDITIONS SHALL BE ADDRESSED WITH THE SUBMITTAL OF GRADING PLANS OR PRIOR TO ISSUANCE OF A GRADING PERMIT:
20 The applicant shall submit final site plans, floor plans, building elevation(s), and photometric lighting plans to the Planning Division for review and approval along with required fee(s) for plan check review. Such plans shall be fully dimensioned and in substantial conformance with those approved by the Planning Commission. Plans shall address the following: (P)(TE)(PS)

20.1 Location and enclosure details of refuse containment areas. Such areas shall be enclosed by a six-foot-high decorative masonry block wall and/or material compatible with the main structure. A self-closing gate constructed of solid metal materials, attached to metal posts embedded in concrete, with a decorative roof treatment shall be provided. Refuse enclosures shall be designed to meet or exceed the minimum capacity requirements of the development as determined by the Building and Safety Division and shall be located to provide unobstructed 24-hour access to refuse collection vehicles.

20.2 All utility and transformer boxes, backflow devices, and other similar equipment shall be appropriately located and screened. Such facilities shall be placed underground unless otherwise specified and approved.

Screening shall be compatible with main structures and include landscaping where appropriate. All electrical switchgear shall be located within an electrical or utility room within the building which may be accessible from an exterior door or doors. Exterior surface-mounted switchgear shall be prohibited.

20.3 Location and method of screening for all equipment shall be demonstrated, including but not limited to air conditioning and heating units, plumbing flues, and vents. All equipment shall be screened from public view. All roof-mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the Planning Manager that no roof- mounted equipment will be visible from the public right-of-way. A line-of- sight drawing showing full screening of the roof-mounted equipment by the building parapets shall be submitted to the satisfaction of the Planning Manager.

20.4 Location of all devices required by the water district shall be shown on the site plan. All such devices shall be screened with a low-profile wall to match the building, or other methods as approved by the Planning Manager.

DRAFT Conditions of Approval
MOD 24-0023

20.5 A minimum of seven long-term and seven short-term bicycle parking spaces shall be provided on the site.

20.6 The traffic flow pattern shall be identified on the site plan.

20.7 All pedestrian access ways and traffic crossings shall be identified.

Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Handicapped Accessibility Standards and City Building Codes, current edition.

20.8 The alignment of all adjacent streets, turn lanes, medians, bus turnouts, and location of project entrance(s), drive aisles, traffic control devices, sidewalks, landscape setbacks, and location of other infrastructure shall be indicated.

20.9 The parking lot lighting plan shall comply with applicable standards contained in PMC Section 17.88.030 (Outdoor Lighting). Lighting shall not be obstructed by trees or other landscaping.

20.10 Pedestrian walkways shall have sufficient decorative pathway lighting.

20.11 Exterior security lighting shall be protected by a weather and vandal- resistant covering. Pedestrian walkways shall have sufficient decorative pathway lighting and security lighting as specified within PMC Section

17.86.030 (Outdoor Lighting). All light standards visible to the general public shall be consistent with the overall architectural style of the project with respect to design, materials, color, and color of light. Security lighting fixtures shall not project above the fascia or roof line of the adjacent building and shall be shielded and aimed so that illumination is directed only to designated areas.

20.12 All exterior doors, perimeter, canopy, grounds, and parking area lights shall be provided with sufficient lighting to provide adequate illumination for the safety and security of pedestrians and vehicles using the site during the hours of darkness or diminished lighting. Such lighting shall be controlled by photocell and shall be equipped with vandal and weather- resistant covers/lenses and comply with the specifications of the PMC.

20.13 Each entry, patio, balcony, and exterior door shall be equipped with its own light source and shall be adequately illuminated at all hours to make clearly visible premises and provide adequate illumination for persons exiting the building.

DRAFT Conditions of Approval
MOD 24-0023

20.14 Primary living areas and windows of individual units shall be focused for observation of common-use areas, adjacent units, recreational areas, and tenant parking to allow for natural surveillance and a sense of community.

20.15 Fencing shall allow for access control without eliminating the opportunity for natural surveillance. See thorough fencing, such as wrought iron, is recommended wherever possible.

20.16 Outdoor gathering areas shall be designed to allow for the restriction of public access.
21 Prior to issuance of a grading permit, the applicant shall prepare and submit a Dust Control Plan (DCP) to the Antelope Valley Air Quality Management District (AVAQMD) for approval in accordance with the DCP Guidance regulations for DCPs. The applicant shall provide written notification of the plan approval to the City and comply with the plan requirements as an ongoing element of the project. (AVAQMD)
22 The applicant shall provide final landscape and irrigation plans for all project landscaping to the Engineering Division and the Planning Division for review and approval. The applicant is responsible to pay all plan review fees for the improvements reflected on the landscape plans prior to the plans being reviewed.

All landscape permit and inspection fees shall be paid prior to the issuance of a landscape permit. These plans shall include, but not be limited to, the following items: (P)(E)(PS)

22.1 Trees in the parkways shall not exceed a spacing approved by the City Engineer for the species proposed.

22.2 Where trees are incorporated into the landscape design of common or open areas, all trees shall be a minimum one-inch caliper in a 15-gallon or larger container size. Fifty percent of the trees shall be a minimum two- inch caliper in a 24-inch box size or larger container. Twenty percent of the trees shall be a minimum two-and-a-half-inch caliper in a 36-inch box size or larger container. The trunk caliper shall be measured four and on-half feet above the root crown. Any Washingtonia spp. or similar palm trees proposed shall have a minimum of 12 feet of brown trunk height.

22.3 All shrubs shall be a minimum five-gallon size. If one-gallon plants are proposed to be used as a ground cover (i.e. with drip irrigation), such planting shall be supplemented with additional five-gallon plant material to provide variation in texture and height.

22.4 All plant material shall be indicated on the landscape plans with symbols that are 75 percent of the diameter of the mature size of the plant. When DRAFT Conditions of Approval
MOD 24-0023

determining mature plant size, the lower end of the size range shall be used (for example, if a plant is indicated to have a mature size of six to 10 feet, a six-foot diameter shall be used when graphically indicating the plant material on the plan).

22.5 All landscape areas shall be enclosed by a six-inch raised concrete curb.

All turf areas shall be separated from non-turf areas by a minimum of a two-inch by four-inch redwood header.

22.6 All slopes steeper than 3:1 shall be landscaped for erosion control per the Engineering Design Standards.

22.7 Backflow devices shall be screened with a solid Le Meur cover or equivalent and landscaping.

22.8 All plant material sizes and calipers shall conform to the American Standard for Nursery Stock, American Association of Nurserymen, Washington, DC, 1990.

22.9 All trees planted within the central courtyard of the residential portion of the site shall consist of mature trees (minimum 36-inch box size) per the City Landscape Standards.

22.10 The landscape plans shall comply with all provisions of the PMC Chapter 14.05 Water Efficient Landscape and City Landscape Standards.

22.11 Landscaping shall be provided within parking areas so that at least fifteen percent of the surface area of the parking lot is landscaped (excluding setback landscaping). Landscaping shall be dispersed throughout the parking lot in order to provide shade throughout the lot.

22.12 A minimum of one canopy tree for every four parking stalls (or eight parking stalls when two rows of four share a common frontage) shall be provided.

22.13 A minimum of 50 percent of the parking lot trees shall be a minimum 24-inch box size and with a minimum two-inch caliper. Twenty percent of the trees shall be a minimum two-and-a-half-inch caliper in a 36-inch box size or larger container.

22.14 Landscape planters shall be a minimum of six feet in width (inside dimension), except that tree wells located between parking rows and spaces may be a minimum of four feet in width (inside dimension). All landscaping and planting within paved areas shall be contained within raised planters surrounded by six-inch concrete curbs.

DRAFT Conditions of Approval
MOD 24-0023

22.15 Bumper blocks or curbs shall be placed a minimum of 30 inches away from the trunk of any tree.

22.16 Landscape islands, a minimum of 10 feet in width with minimum aisle turning radii of 10 feet, shall be provided at the end of all parking rows, except where parking rows directly abut buildings, sidewalks, walls, or similar features.

22.17 Parking rows containing 15 or more spaces shall contain one landscape island with a minimum of six feet in width (inside dimension) surrounded by a six-inch concrete curb within the interior of the parking row for each 15 parking spaces in addition to the required row end landscape islands.

22.18 Landscape islands shall not extend closer than three feet from the aisle end of the adjacent parking space(s).

22.19 Landscape islands shall be designed with a six-inch curb and a minimum one-foot paved area abutting the side of parking stalls. Paved areas of landscape islands shall not be counted toward fulfilling landscape requirements.

22.20 All landscape islands, which are located at the front of head-in parking spaces, shall be designed with a minimum two-and-a-half-foot area free from vegetation where the front of a vehicle may overhang the island. The overhang area shall be surfaced with non-living landscape material such as bark, gravel, or rock. Two and a half feet of the overhang area may be counted as part of the overall parking space length.

22.21 Landscaping along the south, east, and north property lines shall be defined by the use of a six-inch concrete curb, block wall, or six-inch concrete mowing strip or a combination thereof.

22.22 All portions of a parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation.

22.23 Landscaping located beneath windows shall be no taller than the windowsill and maintained at this standard. Barrier plants should be used below and to the sides of windows when possible.

22.24 Landscaping shrubs or bushes located along a pedestrian pathway shall be no taller than two feet and maintained at this standard. The applicant shall select trees with a minimum canopy height of six feet that will not block area surveillance or light distribution.

DRAFT Conditions of Approval
MOD 24-0023

22.25 Tree canopies shall be no lower than six feet and shall be designed to not block area surveillance or light distribution.
23 Grading and wall plans shall be submitted for review and approval to the Planning and Engineering Divisions. Approval by both the City Engineer and Planning Manager shall be obtained prior the issuance of a Grading Permit. Final grading and wall concepts shall be in substantial conformance with those shown on the approved site plan, conceptual grading plan, and in accordance with PMC Section 17.86.040 and the following: (P)(E)

23.1 Northerly Boundary - The applicant shall provide a six-foot-high wall constructed of decorative concrete masonry units with a cap, wrought iron, or a combination thereof.

23.2 Southerly Boundary - The applicant shall provide a six-foot-high wall constructed of decorative concrete masonry units with a cap, wrought iron, or a combination thereof.

23.3 Westerly Boundary - The applicant shall provide a six-foot-high wall constructed of decorative concrete masonry units with a cap, wrought iron, or a combination thereof.

23.4 If a wall is not proposed, where commercial or industrial property share a property line with a commercially or industrially designated property, a minimum of a six-inch wide concrete mow strip shall be provided. 24 In all cases where a required wall is to be located adjacent to the top of a 2:1 or greater slope the wall shall be set back a minimum two and one-half feet from the crest of that slope on the level side. All slope and wall configurations shall meet the setback requirements of the City Building Code. (P)(E) 25 The exterior face and footings of all project perimeter walls shall be no more than two inches from the property line on the subject property except where appropriate off-site easements have been obtained. (P)(E) 26 The applicant shall incorporate into the project design all existing easements within the project boundaries or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly to the satisfaction of the Review Authority. (P)(E)
27 All manufactured slopes on or adjacent to project boundaries shall meet the setback requirements of the current City Building Code. A recorded off-site Slope Acceptance Letter from all affected property owners shall be submitted to the City Engineer prior to approval of grading plans for any off-site slope not meeting DRAFT Conditions of Approval
MOD 24-0023

these requirements. In addition, all slopes are required to meet City Standards with respect to erosion control. (E)
28 The applicant shall submit a temporary erosion control and sedimentation plan for approval by the City Engineer prior to grading plan approval and grading permit issuance when grading activity will occur between October 1st and April 15th. (E)
29 From the beginning of the first ground disturbing activity until the use has been released for occupancy, the following are required of the applicant: 1) have erosion control measures, per an approved Erosion Control and Sedimentation Plan, in place during the rainy season (October 15 - April 15); 2) provide appropriate dust control measures, per City and AVAQMD Standards, to minimize nuisance from dust at all times. (E)(B&S)
30 This project shall be designed and constructed in accordance with the storm water pollution control requirements of the Lahontan Region of the California Regional Water Quality Control Board. Prior to the issuance of a grading permit, the applicant shall file a Notice of Intent with the Lahontan Region of the California Regional Water Quality Control Board to comply with the applicable National Pollution Discharge Elimination System (NPDES) requirements. (E) 31 A final hydrology study and hydraulics report shall be prepared for this project and approved by the City Engineer. The hydrology study and hydraulics report shall address on-site and off-site conditions and impacts, based on the City of Palmdale adopted Storm Water Management Policy. (E) 32 This project contains less than five acres (gross area) and therefore is not required to provide an on-site drainage basin. However, the applicant shall be required to provide mitigation measures in accordance with City standards and to the satisfaction of the City Engineer. (E)
33 Dry wells (or an approved equivalent) shall be required for this project to dispose of on-site nuisance water in accordance with the approved drainage plan. No nuisance water generated from this development shall be allowed outside the boundaries of this development unless authorized by the City Engineer.

Appropriate measures shall be taken to protect dry wells and basins from silt during grading operations and any off-site flow from undeveloped areas designed to flow through subdivision. (E)
34 This project shall be designed in accordance with the City’s Floodplain Management Ordinance and related criteria within the Engineering Design Standards. (E)
DRAFT Conditions of Approval
MOD 24-0023

35 The applicant shall submit geotechnical reports, prepared in accordance with the City’s Engineering Design Standards, to the City Engineer for review and approval prior to the approval of a grading permit. (E) 36 The applicant shall enter into a Development Improvement Agreement and post securities, for grading operations and improvements within the City, and pay all applicable fees. (E)
37 This project is located within the Pearland Natural Drainage Basin as defined by the City’s Master Drainage Plan and approved by Resolution 89-75. The applicant shall comply with the provisions of PMC Chapter 3.38 (Drainage Fee Requirement). The applicant shall pay the applicable drainage fees to the Engineering Division in the amount that is in effect at the time such fees are to be collected. Payment of drainage fees for all areas which are disturbed by grading are due upon submittal of first rough grade certification. (E)(B&S) 38 Grading shall be designated “Engineering Grading” per City Building Code and shall be done in accordance with an approved grading plan. All grading work shall be performed in one continuous operation, or in phases as approved by the Planning Manager and the City Engineer. (E)
39 The applicant shall prepare pre-construction surveys for burrowing owls, and nesting birds prior to the commencement of Project-related ground disturbance.

Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre-construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas. (P)
40 The applicant shall coordinate with the Parks and Recreation Division regarding any impacts to the adjacent park or park users. (Pk)

THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH ISSUANCE OF BUILDING PERMITS:
41 All agency approvals for permit issuance shall be on file with the Building and Safety Division. (B&S)(F)
42 The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable Federal, State, and Local agencies including, but not limited to, the following:

DRAFT Conditions of Approval
MOD 24-0023

Los Angeles County Sanitation District
Los Angeles County Department of Health Services
Los Angeles County Consolidated Fire District
Palmdale Water District
Palmdale School District
Antelope Valley Union High School District
Antelope Valley Air Quality Management District
California Regional Water Quality Control Board
The duty of inquiry as to such requirements shall be upon the applicant. Receipt and proof of payment shall be provided to the Building and Safety Division prior to issuance of any building permits. (P)(E)(F)(B&S)
43 Private developments with a building permit valuation for development of $500,000 or more shall devote not less than one-half percent for public art, not to exceed $250,000 for single construction projects. The program allocation may be used for the acquisition and installation of public art on the development site, or an owner or developer may place a public art in-lieu contribution in an amount equal to the program allocation into the Palmdale Public Art Fund. All non-profit and affordable housing developments and structures shall be exempt from this requirement. The valuation of any exempt component of a mixed-use development shall be deducted from the combined total Building Permit Valuation. (PA)
44 Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer. (E) 45 The applicant shall comply with all applicable development regulations and requirements prior to the issuance of any building permits on the subject property. (P)(E)(B&S)
46 A sanitary sewer-area study for this project shall be prepared and submitted to the City Engineer for review and approval. If a public sanitary sewer system is necessary, it shall be dedicated to the City. The system shall be designed and installed as the only method of sewage disposal for this project. (E) 47 Coordination and clearance shall be obtained from the Los Angeles County Sanitation District prior to the issuance of a sewer permit. (E) 48 The project shall comply with all requirements of PMC Chapter 13.05, Sewer Collection Service Charges. (E)
DRAFT Conditions of Approval
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49 Water mains shall be designed to meet or exceed the total flow requirements determined from domestic flow and fire flow for this development. Required domestic flow shall be calculated by the applicant’s engineer. Fire flow shall be determined by the Los Angeles County Fire Department. (E) 50 The plans and specifications for the water delivery system shall be submitted for approval to the responsible water purveyor prior to final approval of this development by the City Engineer. In all cases where water system facilities have not been installed prior to filing this development with the City Engineer for final approval, the applicant shall submit a labor and materials bond in addition to one of the following: (E)

50.1 An Agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or

50.2 An Agreement and evidence satisfactory to the City Engineer showing that the applicant has entered into a contract with the serving water utility for establishing a security guaranteeing payment for the installation of the improvements.
51 Easements for all on-site utilities, public and private, shall be granted and recorded for maintenance and upkeep. Such easements may include, but are not limited to, sewer, water, electric, gas, telephone, storm drains, detention basins, and landscaping. (E)
52 All sanitary sewer main lines (eight inches and greater) to be dedicated to the City shall be required to submit as-built plans, and have CCTV video inspection completed and approved prior to final acceptance for maintenance. (E) 53 At completion of rough grading, the applicant shall submit appropriate reports and statements (Certifications) to the City Engineer, for review and approval, prior to release of rough grading. The City Building Code requires these reports from the field or supervising grading engineer, the soils engineer, the geologist, and the grading contractor. (E)(B&S)
54 The applicant shall enter into a Development Improvement Agreement and post securities, for improvements, with the City, and pay all applicable fees. (E) 55 Slope erosion control and street trees shall be installed to the satisfaction of the City Engineer. (E)
56 The driveway shall have a clear throat distance of 50 feet without interference with circulation aisles. (TE)
DRAFT Conditions of Approval
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57 Driveways shall have a minimum radius of 15 feet. (TE) 58 Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of the door. (PS)
59 All doors shall be equipped with single cylinder deadbolt lock with a minimum throw of one inch and an embedment of not less than 5/8 inch into the holding device. (PS)
60 All front doors shall have a peephole installed for security purposes. (PS) 61 If common mailboxes are provided, they shall be located within 100 feet of the project entry or near recreation facilities, and the location must be approved by the U.S. Postal Service. If outdoor cluster mailboxes are provided, they shall meet the standards provided in PMC Section 17.38.030 (Outdoor Lighting). (PS)

THE FOLLOWING CONDITIONS SHALL BE MET WHILE CONSTRUCTION ACTIVITIES ARE ON-GOING:
62 Adequate sanitary disposal facilities shall be required on-site during all phases of construction. (E)(B&S)
63 Grading shall be done in accordance with a grading plan prepared by the applicant’s Registered Civil Engineer. All grading work shall be performed in one continuous operation or in phases as approved by the Planning Manager and the City Engineer. (P)(E)
64 Transmission lines less than 50KV and all other utility lines, existing and proposed, shall be installed underground in accordance with PMC Chapter 12.04 (Underground Utilities). (E)
65 The applicant shall comply with City and State guidelines and requirements for traffic control during construction and prior to final project acceptance. (TE)

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY OF THIS PROJECT:
66 The applicant shall comply with the provisions of PMC Chapter 3.40 (Traffic Impact Fee Requirement). The applicant shall pay the applicable traffic impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected pursuant to the provisions of PMC Chapter 3.40 (Traffic Impact Fee Requirement). (E)(TE)(B&S)
DRAFT Conditions of Approval
MOD 24-0023

67 The applicant shall comply with the provisions of PMC Chapter 3.42 (Fire Facility Impact Fee Requirement). The applicant shall pay the applicable fire facility impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (E)(B&S)
68 The applicant shall comply with the provisions of PMC Chapter 3.45 (Public Facility Development Impact Fee Requirement). The applicant shall pay the applicable public facility impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (E)(B&S) 69 The applicant shall ensure that all public improvements shall be complete and accepted by the City. (E)
70 At completion of final grading, the applicant shall submit appropriate statements (Certifications) to the City Engineer prior to release of final grading. The City of Palmdale building codes require that these be submitted by the field or supervising grading engineer. (E)
71 The applicant shall repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or along the frontage of the development. Any existing driveways that are not to be used shall be replaced with a standard curb, gutter, and sidewalk. (E)
72 The applicant shall improve any private street(s) or access drives for this project according to the plans approved by the City Engineer. (E) 73 The project shall be constructed in accordance with all the approved plans, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. (P)(E) 74 The applicant shall record a covenant upon the property, binding upon all owners, future owners, heirs or assigns of the property, regarding the required private maintenance of all private drainage facilities, to the satisfaction of the City Engineer. (E)
75 The management of this development shall undergo training and certification through the Partners Against Crime crime-free multi-family housing program and shall remain active in this program during the life of the development. Contact the Public Safety Office for more information. (PS)
76 A detailed security/management plan that includes security procedures, lease/rental agreement, application, tenant screening procedures, hours of operation of common facilities and offices shall be submitted two weeks prior to issuance of occupancy permit to Public Safety, 38256 Sierra Highway or [email protected]. (PS)
DRAFT Conditions of Approval
MOD 24-0023