Palmdale City Council
December 18, 2024

WHEREAS, On April 4, 2012 the City Council, acting in its capacity as the Successor Agency, adopted Resolution No. CC 2012-041 SA naming itself the “Successor Agency to the Community Redevelopment Agency of the City of Palmdale”, the sole name by which it will exercise its powers and fulfill its duties pursuant to Part

1.85 of AB 26, and establishing itself as a separate legal entity with rules and regulations that will apply to the governance and operations of the Successor Agency; and WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards, each encompassing the five supervisorial districts; and WHEREAS, the Fifth Supervisorial District Consolidated Oversight Board ("Fifth District Consolidated Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Palmdale and WHEREAS, the Fifth District Consolidated Oversight Board will hold a regular/special meeting on or about January 9, 2025; and WHEREAS, Health and Safety Code Section 34177(j) (“Section 34177(j)”) requires the Successor Agency to prepare an administrative budget for the period July 1, 2025 through June 30, 2026 and submit the administrative budget to the Los Angeles County Fifth Supervisorial District Consolidated Oversight Board for approval. The administrative budget shall include all of the following: (i) estimated amounts for Successor Agency administrative costs for the upcoming annual fiscal period; (ii) proposed sources of payment for Successor Agency administrative costs; and (iii) proposals for arrangements for administrative and operations services provided by the City or other entity; and
WHEREAS, Health and Safety Code Section 34177(k) (“Section 34177(k)”) requires the Successor Agency to provide to the Los Angeles County Auditor-Controller for the period July 1, 2025 through June 30, 2026 the administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues (i.e. former tax increment revenues) deposited in the County’s Redevelopment Property Tax Trust Fund established for the Successor Agency; and
WHEREAS, Health & Safety Code SECTION 34179.7 (o) (1), requires the Successor Agency to prepare a forward-looking, annual Recognized Obligation Payment Schedule (ROPS) listing the enforceable obligations of the former Redevelopment Agency that are due in the next annual period and submitting an oversight board approved annual ROPS to the Department of Finance and Auditor- Controller by February 1, 2025; and
WHEREAS, Health & Safety Code Section 34171(b)(3) states that, the administrative cost allowance shall be up to 3 percent of the actual property tax Resolution No. SA 2024-015

distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the successor agency’s administrative cost allowance and loan repayments made to the city pursuant to Section 34191.4(b) during the preceding fiscal year, subject to a minimum of $250,000, unless such amount is reduced by the Oversight Board or by agreement between the successor agency and the State Department of Finance (“Department of Finance”); and
WHEREAS, Staff of the Successor Agency seeks the Successor Agency’s approval of the administrative budget for the period of July 1, 2025 through June 30, 2026 (“Administrative Budget 25-26”), in the form attached to this Resolution as Exhibit A, and the Successor Agency’s authorization to submit the approved Administrative Budget 25-26 to the Los Angeles County Fifth Supervisorial District Consolidated Oversight Board for its approval and to forward the information required by Section 34177(k) to the Los Angeles County Auditor-Controller; and WHEREAS, All other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED, THE SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1 . The Board of Directors hereby finds and determines that the foregoing recitals are true and correct.

SECTION 2 . The adoption of this Resolution is not intended to and shall not constitute a waiver by the Successor Agency of any rights the Successor Agency may have to challenge the effectiveness and/or legality of all or any portion of the Dissolution Bills through administrative or judicial proceedings.

SECTION 3 . The Successor Agency’s Administrative Budget 25-26 that is attached hereto as Exhibit A is hereby approved and adopted.

SECTION 4 . The Executive Director, or designee, is hereby authorized and directed to: i) submit the approved Administrative Budget 25-26 to the Los Angeles County Fifth Supervisorial District Consolidated Oversight Board for its review and approval; and ii) submit to the Los Angeles County Auditor-Controller the administrative cost estimates from Administrative Budget 25-26 that are to be paid from property tax revenues deposited in the County’s Redevelopment Property Tax Trust Fund established for the Successor Agency; and iii) take any and all other actions and execute any and all such other documents as are necessary, convenient or appropriate to comply with the Dissolution Bills and to effectuate the intent of this Resolution on behalf of the Successor Agency
SECTION 5. This Resolution shall take effect immediately upon its adoption Resolution No. SA 2024-015

SECTION 6. The Agency Secretary shall certify the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 18th day of December, 2024. _________________________________
Approved as to form: Austin Bishop, Chair
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott,
General Counsel Agency Secretary
I, Rochelle Scott, Agency Secretary of the Successor Agency to the Community Redevelopment Agency of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the Successor Agency at a regular meeting of said Agency held on the 18th day of December, 2024 by the following roll call vote:

AYES: __
NOES:_____________________________________________________________ ABSTAIN:______________________ABSENT:_____________________________ Date: ____________________________ ______
Rochelle Scott, Agency Secretary
Exhibit A to Resolution No. SA 2024-015
Successor Agency to the Community Redevelopment Agency
of the City of Palmdale Administrative Budget
For the Period of July 1, 2025 through June 30, 2026

Item
Successor
Agency Notes
Direct Project Management Cost
Required Bond Documents
Salaries & Benefits 17,754$
Operations Department Hours Rate
Director of Operations 10 322$ 3,218$
Senior Financial Analyst 40 188$ 7,524$
Senior Account Clerk 35 114$ 3,977$
Purchasing Senior Buyer 20 152$ 3,034$
Development Agreement Obligations
Salaries & Benefits 81,932$
Operations Department Hours Rate
Director of Operations 30 322$ 9,654$
Senior Financial Analyst 40 188$ 7,524$
Senior Account Clerk 30 114$ 3,409$
City Attorney's Office
City Attorney 25 350$ 8,750$
Senior Administrative Assistant 30 128$ 3,851$
City Clerk's Office
City Clerk 10 235$ 2,345$
City Clerk 15 235$ 3,518$
Economic Development Department
Director of Economic Development 50 322$ 16,090$
Economic Development Manager 70 245$ 17,165$
Senior Administrative Assistant 75 128$ 9,626$
Property Disposition Project Cost
Salaries & Benefits 80,457$
Operations Department Hours Rate
Director of Operations 15 322$ 4,827$
Senior Financial Analyst 20 188$ 3,762$
Purchasing Senior Buyer 40 152$ 6,068$
City Attorney's Office
City Attorney 20 350$ 7,000$
Senior Administrative Assistant 30 128$ 3,851$
City Clerk's Office
City Clerk 15 235$ 3,518$
City Clerk 20 235$ 4,690$
Economic Development Department
Director of Economic Development 60 322$ 19,308$
Economic Development Manager 70 245$ 17,165$
Senior Administrative Assistant 80 128$ 10,268$
Total Direct Cost 180,142$
Administrative Cost
Salaries & Benefits 61,376$
City Manager's Office Hours Rate
City Manager 10 456$ 4,561$
Operations Department
Director of Operations 20 322$ 6,436$
Senior Financial Analyst 55 188$ 10,346$
Senior Account Clerk 60 114$ 6,818$
City Attorney's Office
City Attorney 15 350$ 5,250$
Senior Administrative Assistant 25 128$ 3,209$

Exhibit A to Resolution No. SA 2024-015
Successor Agency to the Community Redevelopment Agency
of the City of Palmdale Administrative Budget
For the Period of July 1, 2025 through June 30, 2026

Item
Successor
Agency Notes
City Clerk's Office
City Clerk 20 235$ 4,690$
City Clerk 40 235$ 9,380$
Economic Development Department
Director of Economic Development 10 322$ 3,220$
Economic Development Manager 20 245$ 4,900$
Senior Administrative Assistant 20 128$ 2,567$
Cont Svc - Agency Attorney 10,000$
Cont Svc-Professional Svcs 13,700$
Cont Svc - Legal Advertising 2,500$
Cont Svc-Landscape Maintenance 400$
Cont Svc - Document Center & Copier Lease 600$
Liability Insurance 4,000$
Training 436$
Postage 100$
Utilities - Water 300$
Utilities - Gas 550$
Utilities - Electric 10,000$
Rent 37,500 $
Related to Bond Issuance on Building
Construction.Bonds maturing on September 1,
2029.

Total Administrative Cost 141,462$
Total Direct and Administrative Cost 321,605$
Administrative Allowance 321,605$
Excess/(Shortage) of Allowance 0$

City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 1
SUBJECT: APPROVE AGREEMENT WITH NEW CREATION BUILDERS, INC.

FOR DESIGN AND BUILD SERVICES FOR PN 902 , EMERGENCY

OPERATION CENTER (EOC) TENANT IMPROVEMENT PROJECT ,
FOR A TOTAL NOT TO EXCEED AMOUNT OF $5,113,831,
INCLUDES 10% CONTINGENCY AND LABOR COMPLIANCE
COSTS FOR A TERM OF 350 WORKING DAYS FROM THE DATE OF

THE NOTICE TO PROCEED

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement No. A-8955 with New Creation Builders, Inc. for design and build services for PN 902, Emergency Operations Center (EOC) Tenant Improvement Project for a not to exceed amount of $5,113,831; includes a 10% contingency of $397,736 and compliance labor cost of $22,815 for a term of 350 working days from the date of the Notice to Proceed; and,

2. Authorize the City Manager or her designee to execute Agreement No. A-8955 with New Creation Builders, Inc. including minimal and/or non-substantial changes.

BACKGROUND
The City has identified a space in the Aero Building located at 38255 9th Street East to use as the EOC to provide emergency operations and support during declared local, state, and national emergencies. The identified space is currently vacant and includes the desired space to house EOC equipment and staff.

As the City's population grows and the complexity of potential incidents increases, the current EOC lacks the physical infrastructure to support a full -scale, coordinated response. It is also limited in size, which hinders its capacity to house the critical personnel, equipment, and technology essential for managing large-scale emergencies.

Report to Mayor and City Council
Re: Notice of Award A-8955 with New Creation Builders, Inc.

December 18, 2024

The proposed EOC will be equipped to accommodate up to 36 operational workstations, ensuring the City is fully prepared to respond to any incident that may threaten public health and safety, infrastructure, or essential services. Additionally, the center’s layout will be designed to enhance communication flow, enabling various departments to coordinate efforts seamlessly during high-stakes incidents. Response personnel will be able to work in a cohesive environment that enables swift information sharing and decision-making, allowing rapid assessment and addressing of evolving situations in real time.

The design and construction of an EOC will improve the effectiveness of emergency services as Palmdale grows. It will also provide a plan to coordinate emergencies with hospitals, schools, major businesses, utilities, the Red Cross, churches, and other service providers to work together and train in preparation for a coordinated response during a major event.

DISCUSSION
On July 25, 2024, a Request for Qualifications (RFQ) was released on PlanetBids to procure a design/build team to design and build the required improvements to the proposed location. Seventy-two prospective bidders downloaded the bid documents. On August 27, 2024, one proposal was received, and the City reviewed, vetted, and interviewed the design/build team. The price proposal incorporated most of the basic needs for the emergency operations center included in the RFQ.

Staff recommends the award of a design-build agreement to New Creation Builders, Inc.

FISCAL IMPACT
$5,113,831; This project is funded in FY 2024-25 using ARPA funds and Community Project Funding/Congressional Directed Spending in Account # F0010. Congressional Directed Spending funds of $1,312,500 will be used for the design portion, and ARPA funds will be used for construction for $3,801,331.

Scope of Work Cost
Agreement No. A-8955 for Design/Build $4,693,280
Total Contingency (10% of Construction Costs) $397,736
Labor Compliance $22,815
Total Project Costs $5,113,831
Report to Mayor and City Council
Re: Notice of Award A-8955 with New Creation Builders, Inc.

December 18, 2024

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

B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.

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-8955 with New Creation Builders, Inc.

AGREEMENT NO. A- 8955

CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALMDALE AND NEW CREATION BUILDERS, INC.

THIS CONTRACT (“Contract”) is made and entered into by and between City of Palmdale, a public entity ("City"), and NEW CREATION BUILDERS, INC., a Corporation ("Contractor"). Contractor and City are collectively referred to herein as the “parties.” This Contract shall become effective on the date of the last signatory. 1 Scope of Work
Contractor shall complete the Project in accordance with this Contract. Contractor shall furnish all materials and perform all work required for the completion of the following Project:

The Project will be located at 38255 9th Street East, Palmdale, CA 93550.

The project scope includes the design, engineering, permitting and renovations of a section of the existing courthouse building to transform it into a fully functional EOC including modifications necessary to the existing building for seismic and ADA compliance.

The EOC will consist of a single-story structure of approximately 10,000 square feet, with separate locker rooms with showers, training/meeting room, operations/media room, break room with kitchen, central emergency operations room, IT server room, and ADA compliant walkways, doorways, and ramps.

Other appurtenances include but are not limited to an emergency power generator capable of carrying full load of all site/station circuits, parking lot striping, all furniture, fixtures, equipment, HVAC, roofing, if needed, landscape and hardscape.

The Project design and materials will be functional as well as compatible with the character of the City’s vision.

The project to be proposed in the RFP will include all design, engineering, permits, grading, construction, material, labor, special observation, inspection, testing, verification, procurement and installation of all equipment. D-B-E will be responsible for obtaining all required permits, including federal, state, and local governance as well as coordination with all utilities and other regulatory agencies, start-up and commissioning required for occupancy and operations. The final proposal must be the total cost for delivery of the entire project and all of its related elements, and no further payment will be allowed, therefore.
2 Standard Specifications
1-23Concord - Document ID: generated after first signature Standard Specifications for City projects are those contained in the 2021 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of four million six hundred nity three thousand two hundred eighty Dollars ($4693280.00) for the construction of the Project. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

4 Completion Date

The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within 350 working days.

5 Payment and Performance Bonds; Guaranty

Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, the Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein.

6 Licenses

At all times during the term of this Contract, Contractor shall possess a valid and current Class A Contractor's License or Specialty Contractor License consisting of Class N/A license to perform the required work (“Work”). Contractor’s DIR registration number is C2142922. Contractor hereby certifies that it holds the required license(s).

7 Subcontracting

2-23Concord - Document ID: generated after first signature Subject to any self-performance requirements herein, Contractor may subcontract any portion of the work required by this Contract to other persons or firms, and Contractor submitted with its bid a list of those subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor’s total bid, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.

8 Non-Assignability

Neither this Contract nor any rights, title, interest, duties or obligations under this Contract may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

9 Administration

This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract.

10 Indemnification

To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, its Board of Director, the City's officers, employees, agents, volunteers, and representatives (“Indemnitees”) with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Contract, and in connection with the Project.

11 Liability Insurance

11.1 Without limiting Contractor's indemnification of City, as described in paragraph 10, and unless modified by City, Contractor shall obtain, provide and maintain, at its own expense, during the term of this Contract, a policy or policies of insurance, satisfactory to the City, from insurance carriers admitted to do business in the State of California and rated in A.M. Best’s Insurance Guide with a rating of A:VII or better, which contain the coverage described below.

11.1.1 Commercial General Liability
 $5,000,000.00 limit on a per occurrence basis
 $10,000,000.00 general aggregate limit
 Policy shall include a per project aggregate

11.1.2 Commercial Automobile Liability
3-23Concord - Document ID: generated after first signature  $5,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

11.1.3 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

11.1.4 Environmental/Contractor's Pollution Liability*  $2,000,000.00 limit on a per occurrence basis
 $5,000,000.00 general aggregate limit

1.1.5 Professional Liability (Errors & Omissions)*
 $5,000,000.00 limit on a per occurrence basis
 $10,000,000.00 general aggregate limit

1.1.6 Cyber Liability*
 $5,000,000.00 limit on a per occurrence basis

11.2 Policies providing for bodily injury and property damage coverage shall contain the following:

A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.

The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.

11.3 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

11.4 Said Certificates of Insurance shall provide that thirty (30) days’ prior written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature.
4-23Concord - Document ID: generated after first signature

11.5 The required policies of insurance shall be endorsed to waive all rights of subrogation. Contractors waives all rights of subrogation.

11.6 Acceptable Proof of Insurance:

A. ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.

B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies.

Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.

C. *When pollution/environmental liability, professional liability (errors & omissions) and /or cyber liability coverage is provided on a “claims made basis”, CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR, or its officers, employees, or agents during the time this Agreement was in effect.

11.7 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.

11.8 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

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

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

5-23Concord - Document ID: generated after first signature Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 State Labor Code

12.1 This Contract calls for work to be performed constituting public works.

Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.

12.2 This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

12.3 Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.

12.4 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

6-23Concord - Document ID: generated after first signature

12.5 Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

12.6 Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

12.7 Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

12.8 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.

12.9 Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13 Antitrust Claims
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at 7-23Concord - Document ID: generated after first signature the time the City tenders final payment to Contractor without further acknowledgment by the parties.
14 Trenching and Excavations
Pursuant to Public Contract Code Section 7104, if the Project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:

14.1 Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or

14.2 Subsurface or latent physical conditions at the site differing from those indicated; and/or

14.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

14.4 As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty- five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.

15 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground 8-23Concord - Document ID: generated after first signature locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
16 Third Party Claims
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 17 Non-Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.
18 Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
19 Audit
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Contract. 20 Substitute Security
Pursuant to Public Contract Code Section 22300, the substitution of securities for any moneys withheld by the City to ensure performance under a contract is permitted, except where financing will be provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and 9-23Concord - Document ID: generated after first signature Rural Development Act (7 U.S.C. Sec. 1921 et seq.) or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.

Alternatively, Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.

Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If Contractor elects to substitute securities in lieu of retention, then, by mutual consent of Contractor and its subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by Contractor. No Contractor shall require any subcontractor to waive any provision of this paragraph.

The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f). 21 Claims Dispute Resolution
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed 10-23Concord - Document ID: generated after first signature with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 22 Non-discrimination and Equal Employment Opportunity

22.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status.

CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . 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.

22.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 11-23Concord - Document ID: generated after first signature 23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
25 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
26 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 27 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
28 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.

29 American Rescue Plan Funding
CONTRACTOR, understands, acknowledges, and agrees that the funding source for its work is from the American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds (collectively “ARPA”) and as such, CONTRACTOR is required to 12-23Concord - Document ID: generated after first signature comply with the regulations associated with ARPA funds pursuant to 31 CFR Part

35. Those regulations and reporting requirements are set forth in Exhibit “A” attached hereto and incorporated herein by reference. By executing this Contract, CONTRACTOR agrees to comply with all such regulations and reporting requirements and shall familiarize itself with those requirements.

30 Community Project Funding (Earmarks)

CONTRACTOR understands, acknowledges and agrees that the funding source for its work is from the Community Project Funding, (“CPF”), CFDA number

14.25114.251, and as such, CONTRACTOR is required to comply with the regulations associated with CPF funds in accordance with the Consolidated Appropriations Act, 2024, P.L. 118-42 and the further Consolidated Appropriations Act, 2024, P.L. 118-47). Those regulations and reporting requirements are set forth in Exhibit “B” attached hereto and incorporated herein by reference. By executing this Contract CONTRACTOR agrees to comply with all such regulations and reporting requirements and shall familiarize itself with those requirements.

13-23Concord - Document ID: generated after first signature In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE NEW CREATION BUILDERS, INC.

Ronda Perez Date
City Manager

Jimmy Chung Date
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Hwy.

Palmdale, CA 93550

ADDRESS FOR NOTICE:

NEW CREATION BUILDERS, INC.
17809 Clark Ave.

Bellflower, CA 90706
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk
ATTEST: If Corporation

Secretary

[Signatures of contractor must be notarized. Obtain two corporate signatures if contractor is a corporation.]

14-23Concord - Document ID: generated after first signature EXHIBIT “A”

ARPA REQUIREMENTS

RECITAL:

On March 11, 2021, the American Rescue Plan Act (“ARP Act”) was signed into law.

The ARP Act was intended to provide increased aid to individuals, families, businesses, and governments affected by the COVID-19 pandemic. The ARP Act established and funded the Coronavirus State and Local Fiscal Recovery Funds (the “CSLFRF”), which included two hundred forty (240) billion dollars for state, territorial, local, and Tribal governments that are being used to fight the pandemic and accelerate local economic recovery.

MANDATORY CONTRACT PROVISIONS FOR ARP ACT EXPENDITURES:

Procurement processes for expenditures using American Rescue Plan Act (ARPA) funds generally follow state and local rules. In most cases, city procurement policies will satisfy the federal requirements. One notable difference is that federal procurement regulations mandate specific contract provisions in certain circumstances. There are no requirements for contracts or expenditures of less than $10,000. However, using ARPA funds for contracts in excess of $10,000 triggers the mandatory contract provisions in 2 CFR Part 200, Appendix II.

Most contract provisions are required only on those exceeding $100,000 or those for construction projects of any amount. However, mandatory contract provisions will apply if a city obligates ARPA funds to a contract that exceeds $100,000.

For ease of administration, below is an explanation of the mandatory contract provisions and model language necessary for compliance with federal law disclosures.
2 C.F.R. PART 200: APPENDIX II, CONTRACT PROVISIONS
•For contracts over $10,000, cities must include a provision that addresses termination for cause and convenience by the local government, including the process for termination and the basis for settlement.
•For contracts over $100,000, cities must include a provision that addresses administrative, contractual, or legal remedies if a contractor violates or breaches the contract, including sanctions and penalties for the breach. •In accepting the ARPA award, local governments agreed to include an EEO statement in any federally assisted construction contract defined in 41 CFR Part 60-1.3. A federally assisted construction contract is defined as follows:
oAny agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the government or borrowed on the credit of the government pursuant to any federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the government 15-23Concord - Document ID: generated after first signature for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

EQUAL EMPLOYMENT OPPORTUNITY:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following:

1.Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2.The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3.The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4.The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5.The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6.The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary 16-23Concord - Document ID: generated after first signature of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7.In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8.The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Contracts that are in excess of $100,000 and involve the employment of mechanics or laborers must include provisions requiring compliance with the Contract Work Hours and Safety Standards Act as follows:
(1) Overtime requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such a workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such a workweek.
(2) Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 17-23Concord - Document ID: generated after first signature (3) Withholding for unpaid wages and liquidated damages. The City of Palmdale shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts.

The prime contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

Contracts and subgrants in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders, or regulations of the Clean Air Act and Federal Water Pollution Control Act.

CLEAN AIR ACT
(1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The contractor agrees to report each violation to the City of Palmdale and understands and agrees that the City of Palmdale will, in turn, report each violation as required to assure notification to the Treasury Department and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with American Rescue Plan Act funding.

FEDERAL WATER POLLUTION CONTROL ACT
(1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the City of Palmdale and understands and agrees that the City of Palmdale will, in turn, report each violation as required to assure notification to the Treasury Department and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with American Rescue Plan Act funds.
18-23Concord - Document ID: generated after first signature Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the City of Palmdale and understands and agrees that the City of Palmdale will, in turn, report each violation as required to assure notification to the Treasury Department and the appropriate Environmental Protection Agency regional office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with American Rescue Plan Act funds.

In order to contract with the City, all parties must:
(a) Be registered in SAM.gov (https://sam.gov/content/home); and (b) Maintain an active SAM registration with current information, including information on a recipient’s immediate and highest-level owner and subsidiaries; and
(c) Provide its unique entity identifier to the City before a contract is executed; and
(d) Not have an active exclusion record on SAM.gov which would indicate the entity has been debarred.

As of April of 2022, all entities doing business with the federal government must use a Unique Entity ID created in SAM.gov The federal government has stopped using the DUNS number to uniquely identify entities.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352: Contractors that apply for a bid or award exceeding $100,000 must file the required certification that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency. Cities should include the Byrd Anti-Lobbying contract clause is as follows:

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up to the recipient.

BUY AMERICA PREFERENCE IN FEDERAL FINANCIAL ASSISTANCE
PROGRAMS FOR INFRASTRUCTURE – RESTORE ACT

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws and will bolster America’s industrial base, protect national security, 19-23Concord - Document ID: generated after first signature and support high-paying jobs. The Act requires that no later than May 14, 2022—180 days after the enactment of the IIJA—the head of each covered Federal agency shall ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” RESTORE Act - Buy America Preference | U.S. Department of the Treasury.”

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

20-23Concord - Document ID: generated after first signature

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the 21-23Concord - Document ID: generated after first signature settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub- awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.

ARPA Regulations, 31 CFR Part 35 (“Regulations”) are incorporated herein and made a part of this Contract.

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

CONTRACTOR, in the performance of this Contract and as a sub-recipient of ARPA funds, as well as all of its subcontractors, must comply with the following:

1. CONTRACTOR, and any and all of its subcontractors, must ensure that they do not deny benefits, services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. CONTRACTOR will be required to submit data showing compliance with the above.
22-23Concord - Document ID: generated after first signature

2. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

3. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

4. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower-tier covered transactions. (2 C.F.R. Part 180, subpart B) and that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.

5. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR Part 200 Appendix II.

6. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

7. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

8. New Restrictions on Lobbying, 31 C.F.R. Part 21

9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

10. Section 2 CFR 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (EPA guidelines at 40 CFR Part 247).

11. Section 200.322 of 2 CFR 200.322, Domestic preferences for procurements.

12. Generally applicable federal environmental laws and regulations.

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

□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached notarized bond(s), Worker's Compensation Certificate, and Guaranty □Attached Agreement Checklist and met all requirements
23-23Concord - Document ID: generated after first signature City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: ALL
SUBJECT: AWARD AND APPROVE AGREEMENT WITH NEW CREATION
BUILDERS, INC., FOR DESIGN SERVICES PORTION OF THE BID
(PHASE ONE) FOR PN 874, SOUTH ANTELOPE VALLEY

EMERGENCY SERVICES TENANT IMPROVEMENTS AND

RELOCATION PROJECT, FOR A TOTAL NOT TO EXCEED
AMOUNT OF $633,000 FOR A TERM OF 330 C ALENDAR DAYS

FROM THE DATE OF THE NOTICE TO PROCEED

RECOMMENDATION
Staff recommends that the City Council:

1. Award the design portion of the bid (Phase One);

2. Approve Agreement No. A -9143 with New Creation Builders, Inc. for design services for PN 874, South Antelope Valley Emergency Services Tenant Improvements and Relocation Project, for a total not to exceed amount of $633,000 for a term of 330 calendar days from the date of the Notice to Proceed; and,

3. Authorize the City Manager or her designee to execute Agreement No. A-9143 with New Creation Builders , Inc., including minimal and/or non -substantial changes.

BACKGROUND
For over 40 years, South Antelope Valley Emergency Services (SAVES) has supported the working poor, disadvantaged, emancipated youth, the homeless, and senior citizens in the South Antelope Valley by providing food, short-term shelter, clothing, transportation passes, and programs such as holiday meal preparation, gift baskets, and back-to-school assistance. SAVES serves about 6,000 clients each year, steadily increasing, having tripled in the past decade. To keep up with the growing demand, expansion is es sential.

Report to Mayor and City Council
Re: Award of Agreement No. A-9143
December 18, 2024

Additionally, SAVES receives more donated food and items, requiring extra storage space, and currently uses off-site storage to manage this need. To better serve the community, SAVES needs more space for various services, including:
 Storing over 900,000 pounds of donations each year;
 Expanding donation services such as clothing, household items, and toys;  Offering healthy living classes;
 Connecting clients with local resource providers and advisors;  Organizing annual food and toy drives.

Larger facilities will also improve SAVES' ability to respond to emergencies like natural disasters, pandemics, or economic downturns, enhancing preparedness and resilience.

SAVES' daily operations and staffing are funded through the City’s Community Development Block Grant (CDBG), public service funds, Emergency Food and Shelter grants, and Measure AV funding. Food is provided through a partnership with the Los Angeles Regional Food Bank and federal programs.

On August 3, 2022, the City Council approved the acquisition of real property located at 38820 3rd Street East (APN 3006-008-925) and two adjacent parcels (APN 3006-008- 923 and APN 3006-008-924). The acquired building is an 8,250-square-foot prefabricated metal warehouse that will house a portion of the SAVES facility.

On September 19, 2023, John A. Martin & Associates, Inc. completed an evaluation of the existing prefabricated metal building, also known as a “Butler Building”, for structural and seismic integrity. The report’s conclusion identified a series of structural deficiencies and provided a list of recommended actions for structural strengthening.

DISCUSSION
On August 26, 2024, the City released a design-build Request For Proposals (RFP) to solicit services from architects and builders to relocate the existing SAVES operations to the new site and to design the necessary tenant improvements.

The RFP was advertised for eight weeks, with a bid closing date of October 23, 2024.

Two bids were received and only one was deemed responsive. The RFP stipulated that the project has a Guaranteed Maximum Price (GMP) for each phase of the project.

Phase 1 (Design) GMP is $700,000, and Phase 2 (Construction) GMP is $7,000,000, for a total project GMP of $7,700,000.

Bidders Base Bid Amount
New Creation Builders, Inc. $7,633,000
Del Amo Construction $11,200,000
Report to Mayor and City Council
Re: Award of Agreement No. A-9143
December 18, 2024

New Creation Builders, Inc. is the low and responsive bidder. Staff reviewed the bid proposals, references, and required attachments and determined their submitted documents were compliant.

Staff recommends awarding the design portion of the bid to New Creation Builder, Inc. and approving the overall project scope and fees. Phase two for construction will be brought back for the Council’s consideration and approval.

FISCAL IMPACT
$633,000; This project is funded using ARPA funds in Account No. F0178158-724525.

Sufficient funds are budgeted for the design portion of the project and are available in FY 2024-25. Funding for the project's second phase will be secured through the proposed CDBG Section 108 Loan and awarded at a later council meeting.

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: 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-9143 with New Creation Builders, Inc.

Project Map

Project Map
East Ave Q/ 3rd Street East

City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: ADOPT RESOLUTION NO. CC 2024 -089, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE SETTING ASIDE
PORTIONS OF CITY -OWNED LAND ( APN 3128-015-903), FOR
RIGHT-OF-WAY AND BIKEWAY REQUIREMENTS ALONG 10TH

STREET WEST AND COLUMBIA WAY (AVENUE M) FOR PUBLIC

ROAD AND HIGHWAY PURPOSES

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2024-089, a Resolution of the City Council of the City of Palmdale setting aside portions of City-owned land (APN 3128-015-903), for right- of-way and bikeway requirements along 10 th Street West and Columbia Way (Avenue M) for public road and highway purposes; and,

2. Authorize the Mayor to execute Resolution No. CC 2024-089, a Resolution of the City Council of the City of Palmdale accepting the set-aside easement for portions of City -owned land (APN 3128 -015-903), for right -of-way and bikeway requirements along 10 th Street West and Columbia Way (Avenue M) for public road and highway purposes.

BACKGROUND
On March 7, 2023, the City processed a lot line adjustment to reconfigure City-owned parcels with the Antelope Valley Business Park Specific Plan, thus creating an 8.40- acre corner parcel at the southeast corner of 10 th Street West and Columbia Way (Avenue M). The City owns this undeveloped parcel in fee and is identified as Assessor Parcel No. 3128-015-903. As part of entitlement for the Palmdale DC Industrial project, under Minor Modification No. 22 -057 and Site Plan Review 21 -005, the developer is conditioned to provide street improvements along the frontages of this City -owned parcel.

Report to Mayor and City Council
Re: Reso No. CC 2024-089
December 18, 2024

DISCUSSION
Under the Palmdale DC Industrial project (currently under construction), the intersection of 10th Street West and Columbia Way (Avenue M) will be built out and constructed to ultimate conditions. As described in Exhibits ‘A’ and ‘B’, these roadway improvements will provide roadway widening, drainage upgrades, bike lanes, traffic signal modifications, and street lighting along 10th Street West and Columbia Way (Avenue M).

Resolution No. CC 2024-089 will authorize the public use of portions of APN 3128-015- 903 for road and highway purposes.

FISCAL IMPACT
$0; There is no fiscal impact to the City as the developer is completing all roadway and bikeway improvements along 10th Street West and Columbia Way (Avenue M).

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

A. 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
Reso. No. CC 2024-089
Exh A Legal Description
Exh B Plat Map

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-089

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE SETTING ASIDE PORTIONS OF CITY-OWNED LAND (APN 3128-015- 903), FOR RIGHT-OF-WAY AND BIKEWAY REQUIREMENTS ALONG
10TH STREET WEST AND COLUMBIA WAY (AVENUE M) FOR PUBLIC

ROAD AND HIGHWAY PURPOSES
WHEREAS, the City owns the real property identified as APN 3128-015-903 in fee title, and
WHEREAS, a portion of this real property is required for public road and highway purposes as described in Exhibit ‘A’ and as shown on the attached Exhibit ‘B’; and

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 finds and determines that portions of City- owned parcel (APN 3128-015-903), as described in Exhibit ‘A’ and as shown on Exhibit ‘B’, are necessary for public road and highway purposes and hereby sets aside the same for public road and highway purposes as authorized by the Streets and Highway Code of the State of California.

SECTION 2. The City Council hereby directs the City Clerk to submit a certified copy of this Resolution to the Los Angeles County Recorder for recordation.

PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
Resolution No. CC 2024-089

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 ______ day of _____________, 20___ by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: ADOPT RESOLUTION NO. CC 2024-090, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE AUTHORIZING THE

EXECUTION OF A GRANT DEED FOR PORTIONS OF CITY-OWNED

LAND TO THE CALIFORNIA DEPARTMENT OF TRANSPORATION
FOR PARCEL 79478-1, IDENTIFIED IN RIGHT OF WAY APPRAISAL MAP NOS. 27055-C AND 27056-C

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2024-090, a Resolution of the City Council of the City of Palmdale authorizing the execution of a grand deedfor portions of City-owned land to the California Department of Transportation (Caltrans) for Parcel 79478 -1, identified in Right of Way Appraisal Map Nos. 27055-C and 27056-C;

2. Authorize the Mayor to execute Resolution No. CC 2024 -090, a Resolution of the City Council of the City of Palmdale authorizing the execution of a grant deed for portions of City -owned land to Caltrans for Parcel 79478 -1, identified in Right of Way Appraisal Map Nos. 27055-C and 27056-C; and,

3. Authorize the Mayor to execute a grant deed for portions of City -owned land to Caltrans for Parcel 79478 -1, identified in Right of Way Appraisal Map No s. 27055-C and 27056-C.

BACKGROUND
On October 17, 2007, the City received a 1.47 -acre parcel of land along State Route 138/47th Street East from Hoprock Palmdale, LLC, a Delaware company. This property was given to the City as part of the developer’s obligation to provide land for road use, as required by the approval conditions of Tentative Parcel Map No. 66322 and Conditional Use Permit No. 06 -03. This parcel's improvements include pavement Report to Mayor and City Council
Re: Reso No. CC 2024-090
December 18, 2024

widening, curb and gutter, sidewalk, drainage, traffic signal modifications, and street lighting. The City was responsible for purchasing the required land before construction and transferring ownership to Caltrans after the improvements were accepted. Caltrans has notified the City to relinquish this parcel for highway use.

DISCUSSION
Caltrans has conducted a right-of-way appraisal of said property under Appraisal Map Nos. 27055-C and 27056-C and has sent the City Certificate of Sufficiency for Parcel 79478-1. As part of the appraisal process, Caltrans has completed its environmental review and submitted the Hazardous Materials Disclosure Document. The legal description of Parcel 79478-1 is consistent with the grant deed accepted by the City.

Resolution No. CC 2024-090 will approve the transfer of ownership of Parcel 79478-1 to Caltrans.

FISCAL IMPACT
$0; The City will not experience a fiscal impact, as maintenance responsibilities along the portion of Highway 138/47th Street East will transfer to Caltrans.

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 2024-090
Certificate of Sufficiency for EA23961
Appraisal Maps 27055-C and 27056-C
Grant Deed of Parcel 79478-1

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-090

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

AUTHORIZING THE EXECUTION OF A GRANT DEED FOR PORTIONS

OF CITY-OWNED LAND TO THE CALIFORNIA DEPARTMENT OF
TRANSPORATION (CALTRANS) FOR PARCEL 79478-1, IDENTIFIED IN RIGHT OF WAY APPRAISAL MAP NOS. 27055-C AND 27056-C
WHEREAS, the City owns the real property, in fee title, identified in the recorded grant deed document on October 17, 2007 from Hoprock Palmdale, LLC, per instrument number 2007236615; and
WHEREAS, this City owned-parcel has been identified by Caltrans has Parcel 79478-1, consisting of 1.47 acres located adjacent to Caltrans right-of-way along State Route 138/47th Street East, north of Avenue R; and,
WHEREAS, all constructed roadway improvements within Parcel 79478-1 have been permitted and inspected to Caltrans satisfaction; and, WHEREAS, Parcel 79478-1 cannot serve as anything other than street right-of- way; and,
WHEREAS, Caltrans has requested that Parcel 79478-1 be relinquished by the City for to take over maintenance obligations of the parcel; and,

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 finds and determines that Parcel 79478-1 shall be granted to Caltrans, as identified under Appraisal Map Nos. 27055-C AND 27056-C and authorizes the Mayor to execute the grant deed to Caltrans for processing and recordation in substantially the form presented.

Resolution No. CC 2024-090

PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
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 ______ day of _____________, 20___ by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
R.S. 100-18
P.M. 364-22/30
Parcel Map No. 66322
STA 783+86.571 Ahd
STA 785+08.371 BaK

TO CALTRANS
EXHIBIT "B", INST. # 2007-2366615,
IN EXHIBIT "A" & SHOWN ON

CITY OF PALMDALE, DESCRIBED

STREET DEDICATION FROM
ON EXHIBIT "B" IN INST. # 2006-2056337

N'LY LINE OF PARCEL A SHOWN
T. 6N., R. 11W. S.B.M.

E=6,548,026.314
N=2,032,563.642
E=6,548,055.763
N=2,032,522.147
E=6,548,050.615
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E=6,548,027.435
N=2,032,088.626
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point. (Does not imply
Indicates calculated
as noted
Indicates Found Monument
Indicates Radial Bearing
Access Opening (Private)
Existing R/W Superseded
Access Superseded
Access Prohibited
ground distances.

Divide by to obtain
stationing are grid distances.
1983(1991.35) Zone . Distances and
Coordinates and bearings are on CCS
MAP(S) P2-5713-2, P2-4206 & F4206-A5

FOR PREVIOUS R/W INFORMATION SEE
O=Other (see Remarks)
T=Other Temp Ease (see Remarks)
TCE=Temp Construction Ease
E=Easement (Ease)
F=Fee
A=Access Rights Only
TITLE CODES:

Indicates Indeterminate UF
Indicates Underlying Fee (UF) Area
Ac=acres
fee in the adjoining public way.

Areas shown exclude underlying
CODE
TITLE
otherwise noted.

All distances are in feet unless
of digital images of this map.
shall not be responsible for the accuracy or completeness NOTE: The State of California or its officers or agents

DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA

CITY OF PALMDALE

COUNTY OF LOS ANGELES
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DISTRICT COUNTY ROUTE SHEET NO.TOTAL SHEETS
08/11/22 23961
07 LA 138

TO DESIGN: EA(s): FA#:
1 2

NOTES
LEGEND
1 2

GRANTOR NOTES
[ ]
[Y]

DATE REVISIONS BY
- -
- -
- -
- -
- -
- -

DATE REVISIONS BY
R/W PROJECT SURVEYOR: S. Ohannessian
08-22-22 REVISED 79478-1 NW (Chk JNV)
- -
- -
- -
- -

DATE REVISIONS BY
- -
- -
- -
- -
- -
- -

DATE REVISIONS BY
- -
- -
- -
- -
- -
- -

RIGHT OF WAY

APPRAISAL MAP
FEET 0 25 50 100 150
MAP NO. 27055-C

SHEET PM

48.7 2
REMARKSPARCEL# GRANTOR
REMAINDERTOTAL 11 EXCESS [UF]REQUIRED [UF]
F CITY OF PALMDALE 1.47 Ac. 1.47 Ac.

79478-1
-
-
-
-
-
-
-
-
-
-
-
-
-
-
AREAS (square feet or as noted)
STREET DEDICATION, Inst# 2007-2366615

(R)
07 0000 0408PROJECT ID:

P.M. 364-22/30
Parcel Map No. 66322
100-18
R.S.

TO CALTRANS
EXHIBIT "B", INST. # 2007-2366615,
IN EXHIBIT "A" & SHOWN ON

CITY OF PALMDALE, DESCRIBED

STREET DEDICATION FROM
P.M. 366-20/23
No. 69766
Parcel Map
P.M. 203-99/100
18383
Parcel Map
T. 6N., R. 11W. S.B.M.

Section 28 (Por.)
E=6,548,073.927
N=2,030,837.566
E=6,548,037.004
N=2,031,201.235
E=6,548,010.276
N=2,030,903.048
E=6,547,992.121
N=2,031,468.209
E=6,548,116.794
N=2,031,499.353
E=6,547,985.975
N=2,032,038.175
Recd. 1/22/1951
O.R. 35376-186
Recd. 9/18/1951
O.R. 37231-89
O.R. 7051-323
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30.82 N43°34'20"W

6.00 N00°37'04"W

6.00 N00°37'04"W

6.00 N00°37'04"W

8.00 N00°37'04"W

28.15 N7°33'07"E

59.40 N44°22'56"E
N36°56'42"W

42.20 N43°34'20"W

39.63 41.34
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E=1,995,467.352)
N=619,015.437
(Metric coord.

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N=2,030,886.480
SEC 28
S¼ Cor.

E=1,996,277.067)
N=618,984.449
(Metric coord.

E=6,549,452.344
N=2,030,784.813
SEC 28
SE Cor.

E=1,995,872.172)
N=618,999.944
(Metric Coord.

E=6,548,123.951
N=2,030,835.651
SEC 28
SE¼ of
SE¼ of
SW Cor.

E=1,995,462.675)
N=619,416.727
(Metric Coord.

E=6,546,780.461
N=2,032,203.045
SEC 28
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Title to State
monument set)
point. (Does not imply
Indicates calculated
as noted
Indicates Found Monument
Indicates Radial Bearing
Access Opening (Private)
Existing R/W Superseded
Access Superseded
Access Prohibited
ground distances.

Divide by to obtain
stationing are grid distances.
1983(1991.35) Zone . Distances and
Coordinates and bearings are on CCS
MAP(S) F-4206-A5 & P2-5713-2

FOR PREVIOUS R/W INFORMATION SEE
O=Other (see Remarks)
T=Other Temp Ease (see Remarks)
TCE=Temp Construction Ease
E=Easement (Ease)
F=Fee
A=Access Rights Only
TITLE CODES:

Indicates Indeterminate UF
Indicates Underlying Fee (UF) Area
Ac=acres
fee in the adjoining public way.

Areas shown exclude underlying
CODE
TITLE
otherwise noted.

All distances are in feet unless
of digital images of this map.
shall not be responsible for the accuracy or completeness NOTE: The State of California or its officers or agents

DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA
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CITY OF PALMDALE

COUNTY OF LOS ANGELES
47TH STREET E.

N0^37'04"W 2,654.97
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07 LA 138

TO DESIGN: EA(s): FA#:
2 2

NOTES
LEGEND
1 2

GRANTOR NOTES
[ ]
[Y]
DATE

REVISIONS
BY
- -

- -

- -

- -

- -

- -

DATE

REVISIONS
BY
R/W PROJECT SURVEYOR:

S. Ohannessian
08-22-22
REVISED 79478-1
NW (Chk JNV)
- -

- -

- -

- -

DATE

REVISIONS
BY
- -

- -

- -

- -

- -

- -

DATE

REVISIONS
BY
- -

- -

- -

- -

- -

- -

RIGHT OF WAY

APPRAISAL MAP
FEET 0 25 50 100 150
MAP NO. 27056-C

SHEET PM

48.9 2
REMARKSPARCEL# GRANTOR
REMAINDERTOTAL 11 EXCESS [UF]REQUIRED [UF]

F CITY OF PALMDALE

79478-1
-
-
-
-
-
-
-
-
-
-
-
-
-
-
AREAS (square feet or as noted)
SEE MAP 27055-C

(R)
07 0000 0408PROJECT ID:

Recording Requested by

DEPARTMENT OF TRANSPORTATION

When recorded, Mail to:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
District 7, Right of Way Division
Office of R/W Engineering
100 South Main Street, MS 13
Los Angeles, CA 90012

Space above this line for Recorder's Use
RWPS: R/W Map No. APN______________________ E.A.__________________ Written by: Date
Checked by: (Full Take)

STATE BUSINESS: Free
This instrument is exempt from Filing Fees (Govt. Code § 6103), Recording Fees (Govt. Code § 27383), and from Documentary Transfer Tax (Rev. & Tax Code § 11922).

By _________________

City of Palmdale, a Charter City,

a corporation organized and existing under and by virtue of the laws of the State of California,

hereinafter called GRANT OR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE , all that real property in the City of Palmdale , County of Los Angeles, State of California, described as follows:

See Exhibit A, attached.

Include appropriate clauses from Section 6.10.00.00 of RW Manual.

*Include additional parcel numbers here with (*) if more than fit in box above.

INTERSTATE
Location here
District County Route Post Number

GRANT DEED

EXHIBIT "A"

LEGAL DESCRIPTION

IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 627 RECORDED SEPTEMBER 15, 2006 AS DOCUMENT NO. 06-2056337, OF OFFICIAL

RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ALONG THE NORTH LINE OF SAID PARCEL A SOUTH 89°31'45" WEST, 45.82 FEET; THENCE, LEAVING SAID NORTH LINE, SOUTH 00°28'15" EAST, 26.28 FEET; THENCE SOUTH 45°28'15" EAST, 29.70 FEET TO A LINE PARALLEL WITH AND 29.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL A; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°28'15" EAST, 291.38 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTH 04°17'34" WEST, 48.17 FEET TO A
LINE PARALLEL WITH AND 33.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL A;THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°28’15" EAST, 135.62 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTH 43°11'49" WEST, 60.83 FEET;

THENCE SOUTH
00°28'15" EAST, 6.00 FEET; THENCE SOUTH 21°04'28" EAST, 71.04 FEET; THENCE SOUTH 00°28'15" EAST, 6.00 FEET; THENCE SOUTH 43°25'31" EAST, 30.82 FEET TO A LINE PARALLEL WITH AND 29.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL A;
THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°28'15" EAST, 175.51 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTH 07°41'56" WEST, 28.15 FEET TO A LINE PARALLEL WITH AND 33.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL A; THENCE,
ALONG SAID PARALLEL LINE, SOUTH 00°28'15" EAST, 229.57 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTH 44°31'45" WEST, 59.40 FEET; THENCE SOUTH 00°28'15" EAST, 8.00 FEET; THENCE SOUTH 36°47'53" EAST, 42.20 FEET; THENCE SOUTH 00°28'15" EAST, 6.00 FEET; THENCE SOUTH 43°25'31" EAST, 39.62 TO A LINE PARALLEL WITH AND 23.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL A; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°28'15" EAST, 70.44 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTH 04°17'34" WEST, 120.42 FEET TO A LINE PARALLEL WITH AND 33.00 FEET WESTERLY OF THE EAST LINE OF PARCEL A; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°28'15" EAST, 269.37 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTH 45°55'50" WEST, 41.73 FEET TO A LINE PARALLEL WITH AND 63.00 FEET NORTHERLY OF THE CENTERLINE OF AVENUE "R"; THENCE SOUTH 02°19'55" WEST, 63.00 FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE ALONG SAID SOUTH LINE, SOUTH 87°40'05" EAST, 66.38 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE, LEAVING SAID SOUTH LINE, NORTH 00°28'15" WEST, 1685.02 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 950.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°22'37" AN ARC LENGTH OF 89.15 FEET TO THE POINT OF BEGINNING.

Number

THE ABOVE DESCRIBED PARCEL CONTAINS 1.47 ACRES, MORE OR LESS.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act.

Signature_______________________
Licensed Land Surveyor

Date________________________

Number

Dated: [Name of Corporation]

[Name of Grantor]
[Title]

[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated

By

Director of Transportation

By

Attorney in Fact

City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: HOUSING DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE FIRST AMENDMENT TO MEMORANDUM OF

UNDERSTANDING WITH THE HOUSING AUTHORITY OF THE CITY
OF PALMDALE TO PROVIDE AN INCREASE OF $600,000 OF

UNITED STATES TREASURY CORON AVIRUS STATE AND LOCAL

FISCAL RECOVERY FUNDS ( SLFRF) UNDER THE AMERICAN

RESCUE PLAN ACT (ARPA) FUNDS FOR DEVELOPMENT OF

AFFORDABLE HOUSING

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the First Amendment to Memorandum of Understanding No. A-8029 with the Housing Authority of the City of Palmdale (Housing Authority) to provide an increase of $600,000 of the United States Treasury Coronavirus SLFRF under the ARPA funds for the development of affordable housing; and,

2. Authorize the Executive Director or her designee to execute the First Amendment to Memorandum of Understanding Agreement No. A -8029 with the Housing Authority of the City of Palmdale, including minimal and/or non -substantial changes.

BACKGROUND
The City was awarded $35,445,019 from the U.S. Treasury through the Coronavirus SLFRF under the ARPA. These funds can be used for various purposes, including investing in affordable housing to help low -income residents and address the financial challenges caused b y the COVID -19 pandemic. The final rules allow the City to use these funds to tackle the ongoing housing shortages worsened by the pandemic. Any program income from repaid loans can be reused for eligible purposes, but there are restrictions on when the funds can be used.

Report to Mayor and City Council
Re: First Amendment MOU Agreement No. A-8029
December 18, 2024

DISCUSSION
The Housing Authority assists developers with gap financing to develop and rehabilitate affordable units for eligible households with extremely low, very low, and low incomes.

The Housing Authority proposes to loan the ARPA funds granted by the City and program income received through repayment of the funds from a prior project to develop an eligible affordable housing project. The Housing Authority plans to use ARPA funds to enter into a proposed pre-development loan agreement with Linc 4th Street Palmdale, LP. This agreement will help assess the feasibility of the proposed project, design it, and apply for the necessary government approvals and financing.

FISCAL IMPACT
$600,000; ARPA funds are available.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability and to plan and maintain safe and attractive neighborhoods, streets, and facilities.

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

Prepared by: Sophia Reyes, Director of Housing
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-8029 First Amendment to Memorandum of Understanding 1st AMENDMENT TO AGREEMENT A- 8029

BETWEEN THE CITY OF PALMDALE AND THE HOUSING AUTHORITY OF THE

CITY OF PALMDALE

This 1st Amendment to Agreement No. A-8029 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and THE HOUSING AUTHORITY OF THE CITY OF PALMDALE (hereinafter called " HOUSING AUTHORITY"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on August 4, 2022 ("Original Agreement") the CITY and HOUSING AUTHORITY entered into an agreement to provide:

The City may provide Coronavirus Local Fiscal Recovery Funds received pursuant to the Act to the Housing Authority to undertake certain eligible activities in connection with the City’s desire to respond to the impact of COVID-19 and assist in efforts to contain COVID-19 in the City for certain services as described in Exhibit “A” Project Description

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

Increase the ARPA funding to the Housing Authority, amend Exhibit A and update terms within the MOU.

NOW THEREFORE, the parties agree as follows:

1) To increase the amount of funding by $600,000.00 to a total of $1,800,000.00. 2) To amend and replace Exhibit A to include the Transit Village Affordable Housing Project.
3) To update terms:
a) To add: WHEREAS, this Agreement shall constitute an obligation of CSLRF Funds as defined at 31 CFR 35.3.
b) Insert section after 12 and before 13: Contracts with Third Parties. For any procurement contracts awarded by Housing Authority in the performance of the Scope of Work, such contracts shall be procured in accordance with 2 CFR Part 200, Subpart D, and such contracts shall include the provisions of Appendix II to Part 200, Title 2.
c) Section 19 update Conflict of Interest reference from, CFR 570.611 to 2 CFR 200.112 and 2 CFR 200.

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

(REST OF PAGE INTENTIONALLY LEFT BLANK)

1-3Concord - Document ID: generated after first signature

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

CITY OF PALMDALE:

THE HOUSING AUTHORITY OF THE CITY OF
PALMDALE:

Ronda Perez
City Manager

Salvador Mendez
Assistant City Manager
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

THE HOUSING AUTHORITY OF THE CITY OF

PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

APPROVE AS TO FORM:

_______________________________
William P. Curley, III
Authority Counsel
ATTEST:

Rochelle Scott
City Clerk
ATTEST:
________________________________
Rochelle Scott
Authority Secretary

2-3Concord - Document ID: generated after first signature ---------------------------------------- INTERNAL USE ONLY ----------------------------------------

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
3-3Concord - Document ID: generated after first signature ORDINANCE NO. 1649

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED

CITY OF PALMDALE, CALIFORNIA, AMENDING SECTION

2.08.040 OF CHAPTER 2.08 OF TITLE 2 OF THE PALMDALE
MUNICIPAL CODE, ESTABLISHING THE CITY COUNCIL’S
REGULAR MEETING DAY, TIME AND PLACE.

I. Intent of the City Council
a) The City Council is a strict supporter of the open meeting law known and referenced as the Brown Act. The Brown Act is a transparency driven law that requires all non- privileged city business to be conducted in public so that all can follow, participate in and communicate upon the business of the City.

As business meetings under the Brown Act, it is clear that the intent and focus of public business meetings is to conduct the business affairs of the City rather than such meetings being town halls, study sessions or opinion gathering sessions. The Brown Act makes clear that nonbusiness items, regardless of the source, are not to be discussed, resolved or acted upon by the City Council as they are not accepted and agendized business matters. Speakers are provided public comment rights, but those are primarily directed to properly agendized, rather than ad hoc topics or issues. b) The business, adjudicative and legislative items the City Council addresses generally are in relation to business which the City is contracting with, regulating or taking legislative actions that apply to the business entity, industry or group that are most able to participate during normal 8 am – 5 pm, Monday through Friday, working hours.

The interaction between the City Council and those directly involved in the business matters is best conducted during these regular business hours. c) All legal conditions precedent to the adoption of this Ordinance have occurred as required by law.

II. Ordinance
Now, Therefore:

The City Council of the City of Palmdale does ordain as follows:

1. In all respects as set forth in Part I, Intent of the City Council, which section is hereby incorporated by reference herein.

2. Section “2.08.040 – Regular meeting day, time and place” shall be revoked and removed in its entirety and replaced with a new Section 2.08.040 of Chapter 2.08 of Title 2 of the Palmdale Municipal Code, to read, in words and figures, as follows:
“2.08.040 Regular meeting day, time, and place.

Ordinance No. 1649

Regular meetings of the City Council will be held on the first and third Tuesday of each month. Meetings of the City Council shall be held at 38300 Sierra Highway, Suite B, Palmdale, California. The closed session will begin at 2:00 p.m., followed by the regular meeting at 3:00 p.m. If all closed session items are not addressed by 3:00 pm, the closed session will resume after the regular meeting. If all matters on the agenda for any regular meeting have not been considered by the City Council, then the regular meeting may be adjourned to the next succeeding Tuesday, at the same time and at the same location, unless a different day, time or location is specified in the order of adjournment. When so adjourned, each adjourned meeting shall be a regular meeting for all purposes. Notice of all meetings of the City Council, whether regular, adjourned, special, or emergency, will be given in the manner required by state statute (Brown Act or successor law). When a regular Tuesday meeting of the City Council falls on an election day or a national or state holiday and City offices are scheduled to be closed, then such meetings shall not be held and will be deemed adjourned for all purposes with no further action required by the City Council or the City Clerk except such written notices of adjournment as may be required by law. The ordinances codified in this section shall take effect 30 days after adoption.”

3. This Ordinance, being an administrative regulation only, has no foreseeable adverse impact on the environment and pursuant to Section 15061 (b) (3) of the State CEQA Guidelines is exempt from further evaluation under the California Environmental Quality Act of 1970, as amended.

4. Any Ordinance previously enacted by the City Council shall, to the extent of any conflict, be deemed repealed and provided that each section or element of any Ordinance that is non-conflicting shall remain in full force and effect.

5. If any section, subsection, sentence,. clause, phrase, or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction. such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections. subsections. sentences. clauses. phrases or portions be declared invalid or unconstitutional.

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

Ordinance No. 1649

PASSED, APPROVED and ADOPTED this 18th day of December, 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 the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 18th day of December 2024 effective on the 17th day of January 2025 by the following roll call vote:

AYES:

NOES:__________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2024 -092, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE CALLING SPECIAL

ELECTION REGARDING ALTERATION OF THE AMENDED RATE

AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
THE CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT NO.
2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILI TIES);
RESOLUTION NO. CC 2024 -093, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALMDALE DECLARING RESULTS OF

SPECIAL ELECTION IN THE CITY OF PALMDALE COMMUNITY
FACILITIES DISTRICT NO. 2022 -3 (RITTER RANCH PHASE 1

PUBLIC FACILITIES), DETERMINING THAT AL TERATION OF THE

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

FOR THE DISTRICT IS LAWFULLY AUTHORIZED, AND DIRECTING

RECORDING OF AMENDED AND RESTATED NOTICE OF SPECIAL
TAX LIEN; AND RESOLUTION NO. CC 2024 -094, A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING
A SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT RELATING

TO THE CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT
NO. 2022 -3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES) 2025 SPECIAL TAX BONDS.

RECOMMENDATION
Staff recommends that the City Council:

1. Conduct the public hearing to accept public testimony on the proposed alteration of the Rate and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) pursuant to City Council Resolution No. CC 2024-081;

2. Adopt Resolution No. CC 2024 -092, a Resolution of the City Council of the City of Palmdale calling special election regarding alteration of the Amended Rate Report to Mayor and City Council
Re: Adopt Resolutions CC 2024-092, CC 2024-093 and CC 2024-094 December 18, 2024

and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities);

3. Conduct special alteration election;

4. Adopt Resolution No. CC 2024-093, a Resolution of the City Council of the City of Palmdale declaring results of special election in the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) determining that alteration of the Rate and Method of Apportionment of Special Taxes for the District is lawfully authorized, and directing recording of Amended and Restated Notice of Special Tax Lien; and,

5. Adopt Resolution No. CC 2024-094, a Resolution of the City Council of the City of Palmdale approving a Supplement No. 1 to Acquisition Agreement relating to the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) 2025 Special Tax Bonds.

BACKGROUND
In September 2022, RdR Development Holdings, LLC (RdR), the property owner and master developer of the Ritter Ranch property (Project), requested that the City form a new community facilities district for the Phase 1 property portion of the Project to fund public infrastructure and improvements necessary for the development of that first phase (Phase 1). Phase 1 is expected to include up to 1,180 residential units. The City formed the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (CFD 2022-3) in late 2022. At the same time, the City formed the City of Palmdale Community Facilities District No. 2022-2 (CFD 2022-2) to pay for City services required as a result of the development of Phase 1.

Since the formation of CFD 2022-3, RdR has been involved in discussions with homebuilders and has developed different strategies over time with respect to the tax rates to be levied in Phase 1. RdR has requested that the City proceed with altering the current Amended and Restated Rate and Method of Apportionment of Special Taxes prior to the approval of the first series of Special Tax Bonds for CFD 2022-3 (Bonds), expected to be issued in the coming months.

DISCUSSION
During the CFD 2022-3 formation process, special tax rates were established pursuant to a Rate and Method of Apportionment of Special Taxes (2022 RMA), which is the document that governs how special taxes will be levied on property within CFD 2022-3.

The special tax rates for CFD 2022-3 to pay for Bonds issued to fund public facilities were designed so that the total property tax burden on each dwelling unit will not exceed 2% of the projected/assumed assessed value of such property. This tax burden Report to Mayor and City Council
Re: Adopt Resolutions CC 2024-092, CC 2024-093 and CC 2024-094 December 18, 2024

incorporates all ad valorem taxes – the 1% general levy and any school, college, or AVEK general obligation bond tax levy – as well as any special assessments or fees included on the property tax bill. These additional special assessments also include the special taxes for the City’s Services CFD 2022-2, which is contiguous with the property in CFD 2022-3.

By early 2024, RdR had filed Tentative Tract Maps and had a clear idea of the lot sizes in Phase 1. Further, home prices had declined and, to calculate any adjustments to the maximum CFD 2022-3 special tax rates, the City commissioned a new Price Point Study (2023 PPS) to determine a reasonable sales price for each unit type proposed for Phase

1. As a result of the prices shown in the 2023 PPS, as well as adjustments needed resulting from better lot size information, special tax rates were reduced, and lot size adjustments were made to the 2022 RMA. In addition, RdR requested an additional special tax reduction to be applied to the first three tracts they expected to sell to merchant builders. The City’s Special Tax Consultant prepared an Amended and Restated Rate and Method of Apportionment of Special Tax (“Amended RMA”) to take these various factors into account and include the special tax rate adjustments. The Amended RMA was approved in March 2024.

Since March 2024, RdR has continued their discussions with merchant builders.

Although the overall concept is the same – provide lower taxes for the initial tracts to be sold to homebuilders, the specific tracts that RdR may want to market first may change.

To that end, it is beneficial to remove the three specific tracts designated with lower tax rates from the Amended RMA and provide for a tract-by-tract reduction in tax rates administratively when the marketing plan is more clearly defined in early 2025.

Achieving this flexibility requires the approval of a Second Amended and Restated Rate and Method of Apportionment of Special Tax (Second Amended and Restated RMA).

The City Council adopted a resolution of consideration to alter the Amended RMA for CFD 2022-3 on November 6, 2024, and set December 18, 2024, as the date to hold the required public hearing and complete the alteration process.

Alteration of RMA
The staff recommends that the City Council hold a public hearing to accept public testimony on the proposed alteration of the RMA. After conducting the public hearing, staff recommends that the City Council adopt Resolution No. CC 2024-092, which:
 alters the RMA, and,
 submits the alteration of the RMA to the qualified elector of the territory within CFD 2022-3.

After the Resolution is adopted, the City Clerk will conduct the special election and open the ballot submitted by RdR, the qualified landowner elector.

Report to Mayor and City Council
Re: Adopt Resolutions CC 2024-092, CC 2024-093 and CC 2024-094 December 18, 2024

Once the affirmative ballot is cast, staff recommends that the City Council adopt Resolution No. CC 2024-093, which:
 declares the results of the special annexation election,  determines the validity of the prior proceedings, and,  directs recording of a second amendment to the Amended and Restated Notice of Special Tax Lien.

After the adoption of this resolution, the alteration proceedings will be complete.

Supplement to Acquisition Agreement
The City Council approved the issuance of the first series of Bonds on November 20, 2024. The infrastructure expected to be funded with this current series of Bonds includes street improvements, domestic water facilities, and sewer and storm drain facilities. The entire list of facilities authorized to be funded by the Bonds is listed in the Acquisition Agreement Supplement and is also being considered at this meeting. The City and RdR are parties to an Acquisition Agreement, dated as of November 1, 2022, relating to the construction by RdR of some of the infrastructure for CFD 2022-3. The parties are required to approve a Supplement No. 1 to Acquisition Agreement (Acquisition Agreement Supplement) to update the type of facilities to be financed and the budget for the infrastructure to be constructed by the RdR.

FISCAL IMPACT
$0; there is no fiscal impact associated with the proposed action.

Special taxes levied on undeveloped property or developed homes within CFD 2022-3 will pay debt service on Bonds issued to finance public facilities necessary to proceed with the proposed residential development of up to 1,180 new dwelling units. The special taxes levied on property in CFD 2022-3 have no fiscal impact on the City.

The cost of the preparation of the Second Amended and Restated RMA is paid from funds deposited with the City by RdR for this purpose.

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

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

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

Report to Mayor and City Council
Re: Adopt Resolutions CC 2024-092, CC 2024-093 and CC 2024-094 December 18, 2024

Prepared by: Janelle Samson, Director of Operations
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 2024-092
Reso. No.CC 2024-093
Reso. No. CC 2024-094
Agrmt No. A-8174 Supplement No. 1 to Acquisition Agreement

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-092

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

CALLING SPECIAL ELECTION REGARDING ALTERATION OF THE

AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL

TAXES FOR THE CITY OF PALMDALE COMMUNITY FACILITIES
DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES) WHEREAS, on November 6, 2024, this City Council adopted Resolution No. CC 2024-081 entitled “A Resolution of the City Council of the City of Palmdale of Consideration to Alter the Rate and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)” (the “Resolution of Consideration”), proposing to alter the rate and method of apportionment of the special taxes, as amended (the “Rate and Method”) for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”), all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”); and WHEREAS, the Resolution of Consideration, which makes reference to the map of the boundaries of the District, and which contains a proposed second amended and restated rate and method of apportionment for the District (the “Second Amended Rate and Method”), is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, the owner of all of the property in the District, RdR Development Holdings, LLC, has requested that the City Council take the actions necessary to alter the Amended Rate and Method; and
WHEREAS, on the date hereof, the City Council held a noticed public hearing as required by the Act and the Resolution of Consideration relative to the proposed changes to the Second Amended Rate and Method; and
WHEREAS, at said hearing all property owners and any other interested persons with respect to the District desiring to be heard on all matters pertaining to the proposed changes to the Second Amended Rate and Method were heard and a full and fair hearing was held; and
WHEREAS, written protests with respect to the proposed changes to the Second Amended Rate and Method have not been filed with the City Clerk by fifty percent (50%) or more of any registered voters residing within the territory of the District or property Resolution No. CC 2024-092

owners of one-half (1/2) or more of the area of land within the District and not exempt from the levy of the special tax; and
WHEREAS, the proposition of the approval of the changes to the Second Amended Rate and Method shall be submitted to the qualified elector of the District as required by the Act.

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 proposed changes to the Rate and Method of the special tax to be levied within the District by the Second Amended Rate and Method has not been precluded by majority protest pursuant to Section 53337 of the Act.

SECTION 3. All prior proceedings taken by the City Council in connection with the proposed alteration of the Second Amended Rate and Method for the District, as set forth in the Resolution of Consideration, have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act SECTION 4. Subject to the approval of the qualified elector of the District at the special election referred to below, the Rate and Method is hereby altered by the Second Amended and Restated Rate and Method of Apportionment of Special Taxes specified in the Resolution No. CC 2024-081 of the City Council adopted November 6, 2024, and shall be the Second Amended Rate and Method set forth in Exhibit A attached to the Resolution of Consideration.

SECTION 5. Pursuant to Sections 53338(a) and 53326 of the Act, the issue of the approval of the Second Amended Rate and Method shall be submitted to the qualified elector of the District at an election called therefor as provided below.

SECTION 6. The ballot measure shall be in the form attached hereto as Exhibit A and by this reference incorporated herein, and said form of ballot is hereby approved.

SECTION 7. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearing heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that for purposes of these proceedings, the sole qualified elector for the District is the sole owner of the land within the District and that the vote shall be by said landowner, having one vote for each acre or portion of an acre such landowner owns in the District as of the close of the public hearing.

SECTION 8. The City Council hereby calls a special election to consider the measure described in Section 6 above, which election shall be held immediately Resolution No. CC 2024-092

following adoption of this Resolution in the City Council Chambers. The Acting City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file a copy of this Resolution, a map of the boundaries of the District,
SECTION 9. The voted ballot shall be returned to the City Clerk immediately following adoption of this Resolution, and when the sole qualified elector has voted, the election shall be closed.

SECTION 10. Pursuant to Sections 53326(b) and 53327 of the Act, the election shall be conducted by mail ballot pursuant to applicable provisions of the Act and of the California Elections Code.

SECTION 11. The City Council acknowledges that the City Clerk has caused to be delivered to the sole qualified elector of the District a ballot in the form set forth in Exhibit “A” hereto.

The ballot was accompanied by all supplies and written instructions necessary to the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following:
(a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

Analysis and arguments with respect to the ballot measure have been waived by the landowner voter, by means of the waiver contained in its voted ballot, all as permitted by Section 53327(b) of the Act. The City Council hereby concurs in said waiver.

SECTION 12. The City Clerk shall accept the ballot of the qualified elector in the City Council Chambers upon and prior to the adoption of this Resolution, whether said ballot be personally delivered or received by mail. The City Clerk shall have available a ballot which may be marked at said location on the election day by said qualified elector.

SECTION 13. The City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the resolution of calling the election to elapse before the special election is for the protection of the qualified elector of the District. The voted ballot of the sole qualified elector of the District contains a waiver of the time for said special election. Accordingly, this City Council finds and determines that if the qualified elector submits its voted ballot in the election, the qualified elector will have agreed to the shortened time for the election and will thereby have been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.

Resolution No. CC 2024-092

SECTION 14. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 18th day of December, 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 18th day of December 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
Resolution No. CC 2024-092

EXHIBIT A

OFFICIAL BALLOT

SPECIAL ELECTION
CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES)
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palmdale no later than immediately after adoption of the resolution of the City Council of the City calling said election, currently scheduled for December 18, 2024, either by mail or in person. The City Clerk’s office is located at 38300 Sierra Highway, Suite A, Palmdale, California, 93550.

To vote, mark a cross (X) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palmdale and obtain another.

BALLOT MEASURE: Shall the second amended rate
and method of apportionment of the special taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) be adopted as described in Resolution No. CC 2024-081 of the City Council of the City of Palmdale adopted November 6, 2024, entitled “A Resolution of the City Council of the City of Palmdale of Consideration to Alter the Rate and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 2022- 3 (Ritter Ranch Phase 1 Public Facilities)”?
Yes ☐
No ☐
By execution in the space provided below, you also indicate your desire to have this election occur as soon as practicable and, accordingly, your waiver of any requirement for notice of or any time limit pertaining to the conduct of the election, and your waiver of any requirement for analysis and arguments with respect to the ballot measure.

Number of Votes: 236
Property Owner: RdR Development Holdings, LLC,
a Delaware limited liability company
By: PHCC LLC (d/b/a Preston Hollow Community
Capital), its sole member
By: _____________________________
Name:_____________________________
Title: _____________________________

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-093

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

DECLARING RESULTS OF SPECIAL ELECTION IN THE CITY OF
PALMDALE COMMUNITY FACILITIES DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES), DETERMINING THAT

ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF

SPECIAL TAXES FOR THE DISTRICT IS LAWFULLY AUTHORIZED,

AND DIRECTING RECORDING OF AMENDED AND RESTATED NOTICE

OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), on this date this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Palmdale Calling Special Election Regarding Alteration of the Second Amended Rate and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)” (the “Resolution Calling Election”), calling for a special election of the qualified elector within the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”); and WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Attachment A; and
WHEREAS, this City Council has reviewed said Canvass and hereby approves it.

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 issue presented at said special election was the alteration of the second amended rate and method of apportionment of the special taxes to be levied within the District, as described in the Resolution Calling Election.

SECTION 2. The results of the special election are as set forth in said Canvass on file with the City Clerk, and attached to this Resolution as Attachment A, which is incorporated herein by this reference. Pursuant to said Canvass on file with the City Clerk, the issue presented at the special election was approved by the sole qualified elector of the District.

Resolution No. CC 2024-093

SECTION 3. The City Council hereby determines that the alteration of the second amended rate and method of apportionment of the special taxes for the District, as described in the Resolution Calling Election, is lawfully authorized.

SECTION 4. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Los Angeles an amended and restated notice of special tax lien with respect to the District, in substantially the form attached hereto as Attachment B, said recording to occur no later than fifteen days following adoption by this City Council of this Resolution.

SECTION 5. It is hereby found that all prior proceedings and actions taken by the City Council with respect to the District and the alteration of the [amended] rate and method of apportionment of special taxes for the District, were valid and in conformity with the Act.

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

PASSED, APPROVED and ADOPTED this 18th day of December, 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 18th day of December, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
Resolution No. CC 2024-093

ATTACHMENT A

CANVASS OF RETURNS AND STATEMENT OF RESULT OF SPECIAL ELECTION City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)
I hereby certify that on December 18, 2024, I canvassed the returns of the election held on December 18, 2024 in the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities), and that the total number of ballots cast in said election and the total number of votes cast for and against the measure are as follows, and that the totals as shown for and against the measure are full, true and correct:

Qualified
Eligible
Voters
Voters
Cast YES NO
City of Palmdale Community Facilities
District No. 2022-3 (Ritter Ranch
Phase 1 Public Facilities) Special
Election, December 18, 2024 236 236 ☐ ☐
BALLOT MEASURE: Shall the second amended rate and method of apportionment of the special taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) be altered as described in Resolution No. CC 2024-081 of the City Council of the City of Palmdale adopted November 6, 2024, entitled “A Resolution of the City Council of the City of Palmdale of Consideration to Alter the Rate and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)”? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 18th day of December, 2024.

By: _________________________
City Clerk, City of Palmdale

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-094

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT

RELATING TO THE CITY OF PALMDALE COMMUNITY FACILITIES
DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES) 2025 SPECIAL TAX BONDS
WHEREAS, the City Council of the City of Palmdale (the “City”) has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to form the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes to finance public facilities authorized to be funded by the District (the “Facilities”); and
WHEREAS, the City Council has determined that it is in the best interest of the owners of property in the District for the City to issue the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) 2025 Special Tax Bonds (the “2025 Bonds”) to provide financing for the Facilities; and WHEREAS, the City, for the District, and RdR Development Holdings, LLC (the “Master Developer”) are parties to an Acquisition Agreement (A-8174), dated as of November 1, 2022 (the “Original Agreement”) relating to the construction by the Master Developer of some of the Facilities; and
WHEREAS, the City Council now desires to approve Supplement No. 1 to Acquisition Agreement No. A-8174 (“Supplement No. 1”) to update the listed Facilities and Discrete Components in the Original Agreement, and to extend the effective date of the Original Agreement.

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

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

SECTION 1. Supplement No. 1 to Acquisition Agreement. Supplement No. 1, in the form presented at this meeting, is hereby approved by the City Council. The Mayor, the City Manager, and the Director of Operations (each, a “Designated Officer”), each acting alone, are hereby authorized, for and in the name and on behalf of the City, to execute and deliver Supplement No. 1 in said form together with such additions thereto or changes therein as are approved by the Designated Officer executing Supplement No. 1 upon consultation with the City Attorney and Bond Counsel, the approval of such Resolution No. CC 2024-094

additions or changes to be conclusively evidenced by the execution and delivery of Supplement No. 1 by a Designated Officer.

SECTION 2. Official Actions. All actions heretofore taken by the officers and agents of the City with respect to the execution and delivery of Supplement No. 1, are hereby approved, confirmed, and ratified, and the proper officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful execution and delivery of Supplement No. 1 in accordance with this Resolution, and any certificate, agreement, and other document described in the documents herein approved.

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

PASSED, APPROVED and ADOPTED this 18th day of December, 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 18th day of December, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
32021.00001\42789907.2
1 SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT
(A-8174)
by and between the

CITY OF PALMDALE, CALIFORNIA
and

RDR DEVELOPMENT HOLDINGS, LLC
dated as of December 1, 2024
relating to:

City of Palmdale
Community Facilities District No. 2022-3
(Ritter Ranch Phase 1 Public Facilities)
32021.00001\42789907.2
2 THIS SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT No. A-8174, dated as of December 1, 2024 (this “Supplement No. 1”), is by and between the City of Palmdale, California, a charter city and municipal corporation (the “City”), for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “CFD”); and (ii) RdR Development Holdings, LLC, a Delaware limited liability company (the “Developer”), and amends Acquisition Agreement No. A-8174, dated as of November 1, 2022 (the “Original Agreement”), by and between the City, for the CFD, and the Developer. Capitalized terms used in this Supplement No. 1 and not otherwise defined herein have the meanings given to such terms in Section 1.01 of the Original Agreement.

RECITALS:

A. The City, for the CFD, and the Developer desire to replace Exhibit B to the Original Agreement with Exhibit A to this Supplement No. 1 to reflect changes to the budget for the Facilities and Discrete Components thereof listed in said Exhibit B that have occurred since the Original Agreement was executed, and to amend the Original Agreement to update the address of the Developer for notices in Section 10.05 of the Original Agreement.

B. This Supplement No. 1 is a “Supplement,” as defined in the Original Agreement.

AGREEMENT:

In consideration of the premises, and for other consideration the receipt and sufficiency of which are hereby acknowledged, the City, for the CFD, and the Developer, hereby agree as follows:

SECTION 1. Recitals. The City and the Developer agree that the foregoing recitals are true and correct.

SECTION 2. Amendments to Original Agreement. The Original Agreement is hereby amended as follows:
(a) The address for the Developer to receive notices in Section 10.05 of the Original Agreement is hereby amended to be as follows: RdR Development Holdings, LLC, c/o PHCC LLC, 2121 North Pearl Street, Suite 600, Dallas, Texas 75201, Attention: John Dinan, General Counsel.
(b) The definition of “Facilities” in the Original Agreement is hereby amended in its entirety to read:
i. “Facilities” means those Eligible Facilities financed with Bonds listed in Exhibit B hereto, as amended from time.
(c) Section 5.06 of the Original Agreement is hereby amended by adding thereto, as subsection F. thereof, the following:
i. Requirement for Joint Community Facilities Agreements.

Notwithstanding any other provision of this Acquisition Agreement, 32021.00001\42789907.2
3 the City shall not use, or be required to use, proceeds of any series of the Bonds deposited to the Improvement Fund, or any earnings thereon, to finance any facilities to be owned or operated by Los Angeles County Water Works District No. 40, Antelope Valley Region, or the Antelope Valley–East Kern Water Agency, unless the City has entered into a joint community facilities agreement described in Section 53316.2 of the Act with such respective agency prior to the adoption of a resolution by the City Council authorizing the issuance of such series of the Bonds. It is hereby acknowledged that the City Council had not entered into a joint community facilities agreement with either such entities prior to the adoption of Resolution No. CC 2024-02 authorizing the issuance of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) 2025 Special Tax Bonds.
(d) Section 5.06 of the Original Agreement is hereby amended in its entirety to read as follows:
i. If, for any reason, the City does not issue the first series of the Bonds for the CFD by December 31, 2025, this Acquisition Agreement shall terminate and be null and void and of no further effect. If not terminated pursuant to the preceding sentence, and unless otherwise agreed to in writing by the parties hereto, the provisions of Articles IV and V of this Acquisition Agreement shall terminate on December 31, 2031; and, from and after such date, the City shall have no further obligation to pay the Purchase Price of any Facilities or Discrete Components thereof hereunder.
(e) Exhibit B to the Original Agreement is hereby amended and restated in whole to be as set forth in Exhibit A hereto.

SECTION 3. Governing Law. This Supplement No. 1 shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State.

SECTION 4. Ratification and Reaffirmation of Original Agreement. Except as hereby expressly amended, the Original Agreement shall remain in full force and effect; and the Original Agreement, as amended hereby, is ratified and confirmed.

SECTION 5. Interpretation. In the event of any conflict between the provisions of the Original Agreement and the provisions of this Supplement No. 1, the provisions of this Supplement No. 1 shall control.

SECTION 6. Interpretation of Supplement No. 1. Captions used in this Supplement No. 1 are for convenience of reference only and shall not affect the interpretation or of meaning of this Supplement No. 1 or of the Original Agreement.
32021.00001\42789907.2
4 SECTION 7. Successors and Assigns. This Supplement No. 1 shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

SECTION 8. Counterparts. This Supplement No. 1 may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. The delivery of an executed counterpart of this Supplement No. 1 by facsimile or PDF or similar attachment to an email shall constitute effective delivery of such counterpart for all purposes with the same force and effect as the delivery of an original, executed counterpart.

IN WITNESS WHEREOF, the parties hereto have executed this Supplement No. 1 as of the day and year first-above written.
32021.00001\42789907.2
5 CITY OF PALMDALE, CALIFORNIA, for
the CITY OF PALMDALE COMMUNITY
FACILITIES DISTRICT NO. 2022-3
(RITTER RANCH PHASE 1 PUBLIC

FACILITIES)
By: __________________________
Ronda Perez,
City Manager
Attest:

By: __________________________
Rochelle Scott,
City Clerk
Approved as to form:

By: __________________________
William P. Curley III,
City Attorney
RDR DEVELOPMENT HOLDINGS, LLC, a
Delaware limited liability company
By: PHCC LLC (d/b/a Preston Hollow
Community Capital), its sole member
By: __________________________
Name: __________________________
Title: __________________________
32021.00001\42789907.2
6 EXHIBIT A TO SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT

EXHIBIT B TO ACQUISITION AGREEMENT

DESCRIPTION OF FACILITIES, DISCRETE COMPONENTS AND BUDGETED COSTS Facility Discrete Component Discrete
Component
Budget
Sewer Facilities
Sanitary Sewer Facilities, including
but not limited to construction and
installation of sewer lines and
related appurtenances.

Elizabeth Lake Road
Ranch Center Drive from ELR to Westland Avenue Drive
Westland Avenue from Ranch Center Drive to Avenue S
City Ranch Road
Red Tail Drive from City Ranch Road
Park View Drive
Avenue S Extension from Westlund to Park
50% Offsite Sewer in Ana Verde In Future Bridge Road within Anaverde - L=2,480 LF
Avenue S from Westland Drive to 650 East
Intract 51604 - Streets KK, OO, LL, NN, JJ, W, PP, X
Intract 51605 - Streets W, T, R, P, X, Q, S, U, V, W
Intract 51606 - Streets L, M, N, O, K
Intract 51607 - Streets E, F, D, J, I, G, H
Intract 52116 - Streets UU, TT, SS, QQ, RR
Intract 52093 - Streets FF, DD, CC, BB, AA, EE, II, HH, GG Intract 63145-1 - Streets A thru O
$218,316
34,255
31,231
36,417
13,900
19,721
380,445
1,164,266
12,065
1,024,067
1,275,239
619,946
745,527
423,057
885,920
1,024,038
TOTAL, SEWER FACILITIES $7,908,411
Storm Drain Facilities
Storm Drain Facilities, including
but not limited to construction and
installation of pipes, inlets, basins
and treatment facilities.

Water Quality Basins Basins
Westland Avenue from Ranch Center Drive to Existing Outlet Structure Intract 51604 - Streets KK, OO, LL, NN, JJ, W, PP, X
Intract 51605 - Streets W, T, R, P, X, Q, S, U, V, W
Intract 51606 - Streets L, M, N, O, K
Intract 51607 - Streets E, F, D, J, I, G, H
Intract 52116 - Streets UU, TT, SS, QQ, RR
Intract 52093 - Streets FF, DD, CC, BB, AA, EE, II, HH, GG Intract 63145-1 - Streets A thru O
$342,755
47,441
337,292
0 498,804
124,832
156,863
229,815
433,353
TOTAL, STORM DRAIN FACILITIES $2,171,155
Street Improvements
Street Improvements, including but
not limited to construction and
installation of streets, curbs,
gutters, medians, sidewalks, traffic
signals, street signs, street lights,
entry monuments and
appurtenances.

Elizabeth Ranch Road
Redtail Drive, City Ranch Road, Ranch Center Drive
Parkview Drive & Westland Drive
Avenue S between Westlund and Parkview
Avenue S, (100% Completion North Half)
Traffic Signalization - Elizabeth Lake Road
Intract 51604 - Streets KK, OO, LL, NN, JJ, W, PP, X
Intract 51605 - Streets W, T, R, P, X, Q, S, U, V, W
Intract 51606 - Streets L, M, N, O, K
Intract 51607 - Streets E, F, D, J, I, G, H
Intract 52116 - Streets UU, TT, SS, QQ, RR
Intract 52093 - Streets FF, DD, CC, BB, AA, EE, II, HH, GG Intract 63145-1 - Streets A thru O
Street Lights - Elizabeth Ranch Road Parkway
Street Lights - Redtail Drive, City Ranch Drive, Ranch Center Drive Street Lights - Avenue S
$2,683,019
2,775,768
1,164,806
880,792
2,820,749
658,539
1,671,076
1,584,709
1,090,081
1,268,277
869,329
1,421,025
2,194,090
2,202,420
3,196,477
558,415
TOTAL, STREET IMPROVEMENTS $27,039,573
32021.00001\42789907.2
7 Landscape Within Right of Way
Installation of Landscaping and
related irrigation improvements in
public rights of way.

Elizabeth Ranch Road - West to Joshua Ranch Entrance
Ranch Center Drive, Center Ranch Road, Westland, Parkview, Redtail Road Avenue S
$3,611,124
6,543,357
1,261,267
TOTAL, STREETSCAPE $11,415,749
Public Parks
Construction and development of
parks, parkways and trails and
related appurtenances.

Community Park, Active - PA-5T - 1A
Community Park, Active - PA-5T - 1B
Neighborhood Park - Active - PA-5F - 1A
Neighborhood Park - Active - PA-5U - 1B
Trails
$1,888,446
4,452,555
4,032,064
2,246,355
568,531
TOTAL, PARKS AND TRAILS $13,187,951
Los Angeles County Water
Facilities Water Works
Domestic water facilities, including
but not limited to construction and
installation of water distribution,
treatment and storage facilities,
pump stations, irrigation lines and
related appurtenances.

Water Tank - 3,000,000 MG - Pressure Zone 3240
Water Pump Station - O-12 & 25th Street West
Water Transmission Main - 36" Transmission Main in 25th Street West from Avenue O14 to Rancho Vista Blvd
Water Tank Access Road
Domestic Water - Ranch Center Drive from ELR to Westland Avenue Domestic Water - Westland Avenue North - from Ranch Center Drive to 1B Domestic Water - Westland Avenue South - from 1A to Avenue S Domestic Water - City Ranch Road from Ranch Center Drive, West to End Domestic Water - City Ranch Road from Ranch Center Drive, East to End Domestic Water - Red Tail Drive from City Ranch Road
Domestic Water - Park View Drive from Westland Drive
Convert Raw Water Line in Ranch Center Drive to water district standards and connect to potable
Intract 51604 - Streets KK, OO, LL, NN, JJ, W, PP, X
Intract 51605 - Streets W, T, R, P, X, Q, S, U, V, W
Intract 51606 - Streets L, M, N, O, K
Intract 51607 - Streets E, F, D, J, I, G, H
Intract 52116 - Streets UU, TT, SS, QQ, RR
Intract 52093 - Streets FF, DD, CC, BB, AA, EE, II, HH, GG Intract 63145-1 - Streets A thru O
$8,662,544
12,133,390
1,484,243
3,421,899
10,335
5,388
658,974
14,403
3,431
12,556
24,955
405,964
1,159,390
1,433,747
887,097
1,972,387
596,126
1,118,440
1,400,527
TOTAL, LACWWD FACILITIES $35,405,797
AVEK Water Facilities Pump
Station
Domestic water facilities, including
but not limited to construction and
installation of water distribution,
treatment and storage facilities,
pump stations, irrigation lines and
related appurtenances.

Water Turn Out - O-12 & 25th Street West , Portion of Pump Station and 36" water Line in 25th West
$3,534,465
TOTAL, AVEK FEES $3,534,465
City Council Staff Report
DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
DISTRICT: ALL
SUBJECT: ADOPT ORDINANCE NO. 1647, APPROVING ZONING ORDINANCE AMENDMENT 24 -0001 AND FINDING THAT THE PROJECT IS

CONSISTENT WITH PROGRAM ENVIRONMENTAL IMPACT REPORT
22-002 PREPARED AND CERTIFIED IN CONJUNCTION WITH THE
CITY’S GENERAL PLAN (PALMDALE 2045)

RECOMMENDATION
Staff recommends that the City Council:

1. Receive public testimony regarding proposed Ordinance No. 1647;

2. Adopt Ordinance No. 1647 approving Zoning Ordinance Amendment (ZOA) 24- 0001; and,

3. Find that the request is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045)

BACKGROUND
On September 21, 2022, Palmdale 2045 was adopted by the City Council and replaced the previously adopted General Plan (1993). State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. ZOA 21-007 was adopted by the City Council on March 15, 2023, which amended Title 17 of the Palmdale Municipal Code (PMC) to implement the vision of Palmdale 2045 as well as support new land use patterns and future development. Since then, staff identified minor amendments to Title 17, which are necessary to address review procedures and st reamline review processes for City projects.

On November 21, 2024, the Planning Commission adopted Resolution No. PC-2024-023 recommending City Council approval of ZOA 24-0001.

Report to Mayor and City Council
Re: Adopt Ord. No. 1647
December 18, 2024

DISCUSSION
Section 500 of the Palmdale City Charter grants the City of Palmdale full authority to regulate local land use and public facilities. As such, City staff is requesting a streamlined approval process for City projects. The proposed ZOA would allow the City Manager or her designee to approve these projects administratively at her discretion. Approval of the proposed ZOA would expedite the review and approval process for City projects, ultimately preserving staff resources, time, and reducing project costs.

TABLE 1 - GENERAL PLAN CONSISTENCY
Element Goal, Objective,
or Policy
Standard
Met?
Justification*
Public
Facilities,
Services, and
Infrastructure
PFSI-1: Maintain
superior public
facilities to support
the Palmdale
community.

Yes The proposed amendment will
enable the City Manager, or their
designee, to approve City projects
administratively, simplifying the
review process. City projects play a
crucial role in enhancing our
community by not only upgrading
existing facilities but also expanding
services to meet the evolving needs
of residents.

ENVIRONMENTAL REVIEW
PEIR 22-002 (State Clearinghouse # 2021060494) was prepared and certified by the City Council (Resolution No. CC 2022-096) on September 21, 2022, for approval of the City’s General Plan (Palmdale 2045). As part of the environmental analysis, PEIR 22-002 also considered the adoption and implementation of the Comprehensive Zoning Code and Map update. Staff review has determined that a subsequent or supplemental PEIR as described in California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15163, or 15164, is not required because the proposed ZOA would not require major revisions of the PEIR, there are no significant changes in circumstances and there is no new information of substantial importance that will involve new significant environmental effects or increase the severity of previously identified significant effects. Any future projects would be required to go through separate environmental reviews as this ZOA only amends procedures for City projects. As such, staff concluded that the request is consistent with the previous PEIR in accordance with CEQA Guidelines and has determined that no additional environmental analysis is required.

FISCAL IMPACT
$0; There is no proposed development; therefore, this action has no fiscal impact.

Report to Mayor and City Council
Re: Adopt Ord. No. 1647
December 18, 2024

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

A. Support opportunities to celebrate rich traditions and diverse cultures in the 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

ATTACHMENT
Ord. No. 1647

CITY OF PALMDALE, A CHARTER CITY,

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1647

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ZONING ORDINANCE AMENDMENT 24-0001 AND

FINDING THAT THE PROJECT IS CONSISTENT WITH PROGRAM
ENVIRONMENTAL IMPACT REPORT 22-002 PREPARED AND
CERTIFIED IN CONJUNCTION WITH THE CITY’S GENERAL PLAN
(PALMDALE 2045)
A. INTENT OF THE CITY COUNCIL:

1. The City of Palmdale (City) has filed an application that applies to the City and the City’s sphere of influence, requesting approval of Zoning Ordinance Amendment (ZOA) 24-0001, to streamline review procedures for City projects, as indicated in Exhibits A and B (hereinafter referred to as “Application”); and

2. State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. On September 21, 2022, the City Council adopted a comprehensive update to the General Plan (Palmdale 2045), which required a comprehensive update to Title 17 of the Palmdale Municipal Code (PMC); and

3. On March 15, 2023, the City Council of the City of Palmdale adopted Ordinance No. 1603 a comprehensive Zoning Code and Map update; and

4. On August 16, 2023, the City Council of the City of Palmdale adopted Ordinance Nos. 1613 and 1614 which identified minor amendments to the PMC necessary to address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the associated Zoning Map; and

5. On December 6, 2023, the City Council of the City of Palmdale adopted Ordinance No. 1627 which identified minor amendments to Title 17 necessary to address inconsistencies and clarify review procedures; and

6. On February 7, 2024, the City Council of the City of Palmdale adopted Ordinance No. 1639 which amended the Noise Element of the General Plan, the Development Standards for Mixed-Use zones, the Land Use map, and Zoning map to address inconsistencies and clarify review procedures; and

7. On November 21, 2024, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2024-023 recommending City Council approval of the Application; and
Ordinance No. 1647

8. On December 18, 2024, the City Council of the City of Palmdale conducted a duly noticed public hearing. All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A of this Ordinance, are true and correct.

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

A PEIR 22-002 (State Clearinghouse #2021060494) was prepared and certified by the City Council (Resolution No. CC 2022-096) on September 21, 2022, for approval of the City’s General Plan (Palmdale 2045). As part of the environmental analysis, PEIR 22-002 also considered the adoption and implementation of the Comprehensive Zoning Code and Map update. Staff review has determined that a subsequent or supplemental PEIR as described in California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15163, or 15164, is not required because the proposed ZOA modifies language in the recently adopted General Plan and Title 17 of the PMC. The amendment includes review procedures to streamline City projects and would not require major revisions of the PEIR, there are no significant changes in circumstances and there is no new information of substantial importance that will involve new significant environmental effects or increase the severity of previously identified significant effects. Any future projects would be required to go through separate environmental reviews as this ZOA is only amending procedures for City projects. As such, staff concluded that the request is consistent with the previous PEIR in accordance with CEQA Guidelines and has determined that no additional environmental analysis is required.

B The custodian of records for the environmental document and all other materials which constitute the record of proceedings upon which the Planning Commission’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.

In addition, the Final PEIR is
available at: https://palmdale2045gp.org/wp- content/uploads/2022/10/Palm daleGP_FinalEIRAppendicesResponsetoCommentsFindingofFactandState mentofOverridingConsiderations.pdf.

Ordinance No. 1647

SECTION 3. Based upon substantial evidence presented to the City Council during the above-referenced December 18, 2024, public hearing, including public testimony, and written and oral staff report, this Commission specifically finds as follows:

A. The proposed ZOA conforms with the goals, objectives, and policies of the General Plan.

B. The proposed ZOA is necessary to implement the General Plan and to provide public safety, convenience and/or general welfare.

The proposed project will amend the Zoning Ordinance to streamline review procedures for City projects. City projects typically include upgrades to City facilities or the expansion of services within City facilities. The proposed amendment is consistent with the goals, objectives, and policies of the General Plan and are necessary to provide public safety, convenience, and/or general welfare because this amendment will, ultimately preserving staff resources, time and, reducing project costs.

SECTION 4. Based on the findings and conclusions outlined in paragraphs 1, 2, and 3 the City Council approves ZOA 24-0001, as shown in Exhibit A and B finds that the project is consistent with PEIR 22-002 prepared and certified for Palmdale 2045.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.

Ordinance No. 1647

SECTION 6. All legal prerequisites and pre-conditions to introducing, enacting, and adopting this Ordinance have occurred as required by law and policy.

SECTION 7. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.

PASSED, APPROVED and ADOPTED this 18th day of December, 2024. ________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 18th day of December 2024 effective on the 20 th day of January 2025 by the following roll call vote:

AYES:

NOES:__________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

EXHIBIT A

GENERAL PLAN CONSISTENCY
Element Goal, Objective,
or Policy
Standar
d Met?
Justification*
Public
Facilities,
Services, and
Infrastructure
PFSI-1: Maintain
superior public
facilities to support
the Palmdale
community.

Yes The proposed amendment will
enable the City Manager, or their
designee, to approve City projects
administratively, simplifying the
review process. City projects play a
crucial role in enhancing our
community by not only upgrading
existing facilities but also
expanding services to meet the
evolving needs of residents.

Approving this ZOA would remove
bureaucratic obstacles preventing
the City from providing high-quality
public facilities for Palmdale
residents.

EXHIBIT B

17.20.140 City Project Review.

All City projects that would otherwise require Planning Commission approval under this Title shall be reviewed and determined by the City Manager, or his or her designee, and may be approved administratively.

City Council Staff Report
,DATE: DECEMBER 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1650 , AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
AMENDING SECTION 3.21 OF THE PALMDALE MUNICIPAL CODE

RELATING TO THE IMPLEMENTATION AND COLLECTION OF

REDUCED TRANSACTIONS AND USE TAX, AND ADOPT
RESOLUTION NO. 2024 -096, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALMDALE PHASING THE

IMPLEMENTATION OF THE TRANSACTIONS AND USE TAX
INCREASE AUTHORIZED BY AB 2443 AND ENACTED BY
MEASURE PD.

RECOMMENDATION
Staff recommends that the City Council:

1. Introduce and Adopt Ordinance No. 1650, an Ordinance of the City Council of the City of Palmdale amending Section 3.21 of the Palmdale Municipal Code relating to the implementation and collection of reduced transactions and use tax; and,

2. Adopt Resolution No. CC 2024 -096, a Resolution of the City C ouncil of the City of Palmdale phasing the implementation of the transactions and use tax increase authorized by AB 2443 and enacted by Measure PD.

BACKGROUND
On November 3, 2020, voters passed Measure AV, which enacted Chapter 3.21 of the Palmdale Municipal Code and established an additional sales tax of 0.75% within the City of Palmdale (“City”) to fund essential services including , but not limited to, street repair, addressing homelessness, emergency response, public safety, maintaining local businesses, protecting water resources, and programs for seniors, veterans, mental health and the community.

Report to Mayor and City Council
Re: Ord. No. 1650 and Reso. No. CC 2024-096
December 18, 2024

On November 5, 2024, the City of Palmdale voters passed Measure PD, which amended Chapter 3.21 of the Palmdale Municipal Code and established an automatic increase of the City’s Transactions and Use Tax if, whenever, and to the extent permitted by applicable law. Measure PD establishes the City’s Transactions and Use Tax as the maximum rate permitted by law, but is silent as to how, when, and to what extent the City must implement and collect the maximum rate, or whether, in the alternative, the City may phase, defer, or otherwise implement and collect a lower rate.

DISCUSSION
This proposed ordinance adds a new Section 3.21.035 to the Palmdale Municipal Code that authorizes the City Council, by resolution or other action, to phase, defer, or otherwise implement and collect a rate that is lower than the full rate established by Sections 3.21.040 and/or 3.21.060. Notwithstanding any such phasing, deferral, or other reduced collection, the rates established by Sections 3.21.040 and 3.21.060 shall remain the City’s authorized, approved, and established Transactions and Use Tax rates. The City Council may exercise its authority, under this proposed ordinance only as and to the extent permitted by law. Nothing in this proposed ordinance authorizes the City Council to impose a tax rate increase that would exceed the maximum rates established by Sections 3.21.040 and 3.21.060 or require voter approval.

The proposed resolution defers until January 1, 2028, the implementation and collection of one-quarter (1/4); and defers until January 1, 2029, the implementation and collection of the final one-quarter (1/4) of the 1% transactions and use tax increase authorized by AB 2443 and enacted by Measure PD (i.e., 0.5%).

FISCAL IMPACT
The fiscal impact associated with this action is unknown at this time.

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

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

Prepared by: Janelle Samson, Director of Operations
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
Ord. No. 1650
Reso. No. CC 2024-096

CITY OF PALMDALE, A CHARTER CITY,

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1650

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTION 3.21 OF THE PALMDALE MUNICIPAL CODE

RELATING TO IMPLEMENTATION AND COLLECTION OF REDUCED

TRANSACTIONS AND USE TAX
A. INTENT OF THE CITY COUNCIL:

1. On November 3, 2020, voters passed Measure AV, which enacted Chapter

3.21 of the Palmdale Municipal Code and established an additional sales tax of 0.75% within the City of Palmdale (“City”) to fund essential services including street repair, addressing homelessness, emergency response, public safety, maintaining local businesses, protecting water resources, and programs for seniors, veterans, mental health and the community, thereby increasing the total sales tax rate in the City from 9.5% to 10.25%; and

2. On November 5, 2025, voters passed Measure PD, which enacted Chapter

3.21 of the Palmdale Municipal Code and established an automatic increase of the City’s Transactions and Use Tax if, whenever, and to the extent permitted by applicable law; and

3. Measure PD established the City’s Transactions and Use Tax as the maximum permitted by law, but is silent as to how, when, and to what extent the City must implement and collect the maximum rate, or whether, in the alternative, the City may phase, defer, or otherwise implement and collect a lower rate.

B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and constitute a substantive part of this ordinance.

SECTION 2. Amendment of Municipal Code.Section 3.21.035 of the Palmdale Municipal Code is hereby added to read as follows:

3.21.035 Implementation and collection of maximum rates.

The City Council may, by resolution or other action phase, defer or otherwise implement and collect a rate that is lower than the full rate established by Sections 3.21.040 and/or 3.21.060. Notwithstanding any such phasing, deferral, or other reduced collection, the rates established by Sections 3.21.040 and 3.21.060 shall remain the City’s authorized, approved, and established Transactions and Use Tax rates. The City Council may exercise its authority under this Section 3.21.035 only as to the extent permitted by law. Nothing in Section

3.21.035 authorizes the City Council to impose a rate increase that would exceed the maximum rates established by Sections 3.21.040 and 3.21.060 or require voter approval.

SECTION 3 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.

SECTION 4. All legal prerequisites and pre-conditions to introducing, enacting, and adopting this Ordinance have occurred as required by law and policy.

SECTION 5. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.

PASSED, APPROVED and ADOPTED this 18th day of December, 2024 ________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ effective on the ____ day of ___________, 20___ by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-096

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

TO PHASE IMPLEMENTATION OF THE TRANSACTIONS AND USE TAX INCREASE AUTHORIZED BY AB 2443 AND ENACTED BY MEASURE
PD.

WHEREAS, Assembly Bill 2443 (“AB 2443”), an immediately effective urgency statute approved by the Governor on September 29, 2024, added Section 7287.13 to the California Revenue and Taxation Code, and authorizes the City of Palmdale to impose a transactions and use tax for general or specific purposes at a rate of no more than 1% that would, in combination with all other applicable taxes, exceed the limit established in Section 7251.1 of the California Revenue and Taxation Code; and WHEREAS, on November 5, 2024, voters passed Measure PD (“Measure PD”), which amended Chapter 3.21 of the Palmdale Municipal Code and established an automatic increase of the City’s Transaction and Use Tax if, whenever, and to the extent permitted by applicable law; and
WHEREAS, Measure PD imposes and enacts for general purposes the 1% transactions and use tax authorized by AB 2443 (the “AB 2443 Increase”), but is silent as to how, when, and to what extent the City must actually implement and collect the full AB 2443 Increase amount, or whether the City may phase or defer all or any portion thereof; and
WHEREAS, on December 18, 2024, the City Council approved and enacted Ordinance No. 1650, which authorizes the City Council to, by resolution or other action, phase, defer, or otherwise implement and collect a transactions and use tax that is lower than the full rate established by Section 3.21.040 and Section 3.21.060 of the Palmdale Municipal Code, which includes the AB 2443 Increase; and WHEREAS, the City Council desires to exercise its authority to defer a portion of the AB 2443 Increase, as set forth below.

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 finds and determines that the foregoing recitals are true and correct. The recitals are hereby incorporated into the operative provisions of the Resolution by this reference.

Resolution No. CC 2024-096

SECTION 2. One-quarter (1/4) of the 1% transactions and use tax increase authorized by AB 2443 and enacted by Measure PD shall be deferred and to not take effect until January 1, 2028.

SECTION 3. One-quarter (1/4) of the 1% transactions and use tax increase authorized by AB 2443 and enacted by Measure PD shall be deferred and to not take effect until January 1, 2029 .

SECTION 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
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 18 day of December, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk