LEGISLATIVE BODY
RICHARD J. LOA, MAYOR
LAURA BETTENCOURT, MAYOR PRO TEM
AUSTIN BISHOP, COUNCILMEMBER
ERIC OHLSEN, COUNCILMEMBER
ANDREA ALARCÓN, COUNCILMEMBER
1. CALL MEETING TO ORDER
Note: All City Council memberships are reflected in their City Council titles.
2. ROLL CALL
MAYOR LOA, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS BISHOP,
OHLSEN, ALARC
Ó
N
COMMISSIONERS FRAGA-SAENZ, BETTS
3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4. PRESENTATIONS
4.1 Fight Fentanyl Antelope Valley Awareness Campaign update and announcement of Youth Multimedia Challenge Winners; and recognition of Palmdale High
CITY COUNCIL
SUCCESSOR AGENCY
HOUSING AUTHORITY
CITY COUNCIL CHAMBER
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
TUESDAY, JUNE
3, 2025
5:00 PM
www.cityofpalmdaleca.gov
WELCOME
City Council
Tuesday, June
3, 2025
School Students Fentanyl Awareness PSA.
4.2 Department of Public Works Maintenance Division updates.
PPT PW Maintenance Division Update.pptx
5. PUBLIC COMMENTS
The public is allotted to speak a total of three (3) minutes on each section of the agenda i.e. Consent Calendar, Appointment-New Business, and Closed Session. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified. Any person who would like to address the Legislative Body on any agendized item may complete a speaker card for the City Clerk and identify the agenda item you would like to discuss.
6. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Consent Calendar and will be considered separately following this portion of the Agenda.
6.1 Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).
6.2 Receive and File the Monthly and Quarterly Investment Reports for April 2025.
SR Monthly Investment Reports April 2025.docx
Rpt Monthly Investment Reports April 2025.pdf
6.3 Approve agreement with eSentire, Inc., for Security Operations Center (SOC) Services and Incident Response in the amount of $333,000 for a term of three (3) years.
SR Agrmt No. A-9337 with eSentire, Inc.docx
Agrmt No. A-9337 with eSentire, Inc.pdf
6.4 Review and approve permit issuance for 36 non-profit organizations for fireworks stands, including their proposed locations.
SR 2025 Fireworks Stands.docx
Fireworks Stand Location Map 2025.pdf
6.5 Award agreement with WhiteWater West Industries, Ltd., for construction services for PN 924, DryTown Water Park Thrill Ride Attraction Project for a total not to exceed amount of $1,544,955 for a completion date no later than April 15, 2026.
SR Agrmt No. A-9344 with WhiteWater West.docx
Agrmt No. A-9344 with WhiteWater West Industries LTD.pdf
Exh A Contractor's Scope of Work.pdf
Exh B Contractor's Project Schedule.pdf
City Council
Tuesday, June
3, 2025
Attch C Project Map and Slide Rendering.docx
6.6 Adopt Resolution No. CC 2025-027, a Resolution of the City Council of the City of Palmdale declaring its intention to continue assessments for Fiscal Year 2025-26, preliminarily approving the annual Engineer’s Report, and providing notice of Public Hearing for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02.
SR Reso. No. CC 2025-027.docx
Reso. No. CC 2025-027.docx
Rpt Fiscal Year 2025-26 Engineers Report, Drainage Benefit Assessment Districts.pdf
6.7 Adopt Resolution No. CC 2025-028, a Resolution of the City Council of the City of Palmdale declaring its intention to continue assessments for Fiscal Year 2025-26, preliminarily approve the annual Engineer’s Reports and providing Notice of Hearing for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.
SR Reso. No. CC 2025-028.docx
Reso. No. CC 2025-028.docx
Rpt Fiscal Year 2025-26 Combined Engineers Report for Landscape Maintenance Assessment Districts and Annexations.pdf
Rpt Fiscal Year 2025-26 Engineers Report for Park Maintenance and Recreation Improvement District.pdf
Rpt Fiscal Year 2025-26 Engineers Report for Streetlight Maintenance Assessment Districts and Annexations.pdf
6.8 Approve agreement with EcoFert, Inc., for installation of new fertigation systems and monthly fertigation system service at various park sites for a total not to exceed amount of $528,640 for a term of one year from the Notice to Proceed, with two additional one-year options to extend.
SR Agrmt No. A-9326 with EcoFert Inc.docx
Agrmt No. A-9326 with EcoFert, Inc.pdf
6.9 Adopt Resolution No. CC 2025-042, a Resolution of the City Council of the City of Palmdale approving the application for Local Streets and Roads Funds authorized under Article 8 of the Transportation Development Act.
SR Reso. No. CC 2025-042 FY24-25.docx
Reso. No. CC 2025-042.docx
Atch 1 TDA Claim Forms FY 2025-signed.pdf
6.10 Approve the minutes from the previous meeting.
Mins 05 22 2025.pdf
Mins 05 21 2025.pdf
City Council
Tuesday, June
3, 2025
7. APPOINTMENTS
7.1 Appoint one (1) member to serve on the Board of Library Trustees.
SR Appt Board of Library Trustees.docx
Apps.pdf
8. JOINT PUBLIC HEARING CC/HA
8.1 Public Hearing to Receive Public Comments, Adopt Resolution No. HA 2025-001 of the Housing Authority of the City of Palmdale, approving Affordable Housing Agreement No. A-9241 with Victory Outreach - Palmdale, Housing Authority Ground Lease, and Housing Authority Loan of $580,000 for property Located at 513 East Avenue Q4 (APN 3008-013-902); Adopt Resolution No. CC 2025-041 of the City Council of the City of Palmdale, approving Affordable Housing Agreement No. A-9241 between the Housing Authority of the City of Palmdale and Victory Outreach - Palmdale, approving and authorizing the Conveyance of property located at 513 East Avenue Q4 (APN 3008-013-902) from the Housing Authority of the City of Palmdale to Victory Outreach - Palmdale, and making certain findings; Approve Measure H Loan Agreement A-9242 between the City of Palmdale and Victory Outreach - Palmdale for a Rehabilitation Loan of $361,145 for 513 East Avenue Q4.
SR 513 Q4 HA 2025-001.docx
Reso. No. CC 2025-041.docx
Reso. No. HA 2025-001.docx
Atch 1 Affordable Housing Agreement A-9241 with Victory Outreach Palmdale.pdf
Atch 2 Measure H Loan Agreement A-9242 with Victory Outreach Palmdale.pdf
Atch 3 Parcel Map.pdf
9. CITY MANAGER’S REPORT
10. NON-AGENDA PUBLIC COMMENTS
:
Now is the time for public participation on items not listed on the agenda. Each speaker is allotted three (3) minutes total.
11. COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
11.1 Discussion item Mayor Loa (1).
11.2 Council Reports.
Monthly Informational Report 060325 Bettencourt.pdf
Monthly Informational Report 060325 Bishop.pdf
Monthly Informational Report 060325 Ohlsen.pdf
City Council
Tuesday, June
3, 2025
12. PRESENTATION BY CITY ATTORNEY
12.1 Conference with Legal Counsel – Existing Litigation Candie Sue Schermerhorn v. City of Palmdale, et al.
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
13. ANNOUNCEMENT BY CITY ATTORNEY
14. ADJOURN
meeting to June 17, 2025, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.
If you require oral translation, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.
City Council
Tuesday, June
3, 2025
P U B L I C W O R K S D E P A R T M E N T
Maintenance Division Update
City Council Meeting
June 3, 2025
Maintenance Administration
0 20
40 60
80 100
120
Palmdale Lancaster Santa
Clarita
Victorville
City Comparison Square Miles
380 400 420 440 460 480 500 520
Lancaster
Victorville
Palmdale
Lane Miles in the High Desert
Facility Maintenance
Duties Total
Buildings Maintained & Repaired 74
Building Area Maintained 420,000 sq. ft.
Facilities with Custodial Services 48
Light Poles Maintained 1,493
Light Fixtures Maintained 2,609
Fleet Maintenance
Fleet Inventory Units
Cars, vans and trucks 154
Large construction equipment 43
Trailers and various maintenance equipment 27
Small maintenance equipment 150
Back-up generators 9
Fueling site 1
Street Maintenance
Streets and Drainage Statistics Units
Street Centerline 602 miles
Pavement Area 2,282 acres
Curb 606 miles
Alley 2 miles
Sidewalk 560 miles
Gravel/Dirt Road Centerline 2.5 miles
Bridges 9 miles
Box Culverts 6
Drywells 610
Drainage Basins (Regional and Ana Verde) 14
Traffic Safety Signs 8,645
Storm Drains and Culverts 17
Pump Stations 3
Sewer Maintenance
Sewer Maintenance Statistics Units
6- to 21-inch sewer mainline 395 miles
Footage of force main pumped sewage 2,790 gallons
Lift Stations 2
Manholes 8,541
Industrial Waste Permits 450
Traffic Signal &
Streetlight Maintenance
Traffic Signal & Streetlight Maintenance Units
Traffic Signals 110
Pedestrian, School, and Stop Beacons 54
Streetlights 17,954
Freeway and Soffit Maintenance 7
Shared Jurisdictional Signal Traffic Signals 71
Landscape Maintenance
Landscape Assessment Districts and General Benefit Landscape Landscape Statistics Units
Landscape Districts 247
General Benefit Landscape 57
Landscaped Areas 484 acres
Trees maintained 15,826
Drainage Basins 286
Nature Trails 6 miles
Irrigation Controllers 448
Backflow Prevention Devices 476
Drainage Basin Pump Stations 15
Weather Stations 3
Park Maintenance
Parks Statistics Units
Parks Maintained 20
Transportation Facilities Maintained 3
Total Area Maintained (Ac) 575 acres
Ball Fields
(softball and little league) (Ea)
17 Courts
(tennis/pickle ball, basketball, volleyball)
49.5 Multi Use Sports Fields
(soccer & flag football)
28 Skate Parks 2
Trees Maintained 6,897
Community Preservation Program
Community Preservation Program Units
Graffiti Removal 393,370 sq. ft.
Block Wall Restoration 1,383 sq. ft.
Illegal Dumping 2,380 tons
Shopping Cart Retrieval 750
Public Works Department
38250 Sierra Highway
Palmdale, CA 93550
661/267-5300
PW Maintenance Division
Public Works Maintenance Division
39110 3rd Street East
Palmdale, CA 93550
661/267-5338
City Council Staff Report
DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR APRIL 2025
RECOMMENDATION
Staff recommend that the City Council:
Receive and file the April 2025 monthly investment activity report s for the City of Palmdale and Successor Agency.
BACKGROUND
Pursuant to Section 16 of the City and Successor Agency Investment Policy, the City Treasurer shall prepare and present monthly reports on investments to the City Manager/Executive Director and the City Council/Directors. The reports shall detail the type of investment, issuer’s name, purchase date, maturity date, amount of deposit, and interest rate. This information shall be provided for all City and Successor Agency pooled investments and for Certificates of Participation, Revenue Bonds, Tax Allocation Bonds, Assessment Districts, and Communi ty Facilities District accounts managed by outside Fiscal Agents.
The monthly investment reports provide a synopsis of the City and Successor Agency’s investment activity. They provide information on assets, allocations, average maturities, yields, and bo ok valuations. The interest rates presented are the most current rates available as of the date of this report.
The market values presented for pooled City and Successor Agency investments are based on closing prices for the related investment as of the d ate of this report. This information was obtained from the Wall Street Journal, Bloomberg Financial Markets, Capital Market Finances, or other reliable sources of market prices.
Report to Mayor and City Council
Re: Monthly Investment Reports
June 3, 2025
DISCUSSION
Compliance with Investment Policy
For April, the City’s invested portfolio totaled $319,762,954 a decrease of $3,509,436 from the previous month and a decrease of $14,785,107 compared to the prior year.
The monthly decrease was the result of a G overnment Agency Paper maturity that occurred during the month.
The par value of Successor Agency’s portfolio as of April was $9,728,530. The balance increased by $35,455 from the prior month due to interest earned during the month.
All investments meet criteria appropriate to Section 8 of the Investment Policy. The portfolios are based on a combination of various investments, including CDs, Corporate Notes, US Treasury Securities, and Government Agency Paper, each adhering to portfolio percentage limitations.
The Finance Division is the custodian for the City and Successor Agency’s investment portfolio and follows the three main principles of both entities’ investment policies : 1) Investment in financial instruments that mitigate t he risk of monetary losses stemming from market fluctuations; 2) Establish and maintain a portfolio that has sufficient liquidity to allow the City and Successor Agency to meet all anticipated cash requirements; and, 3) Seek out investment instruments that provide a competitive market rate of return.
Liquidity
One core approach the Finance Division focuses on is providing liquidity to meet the City and Successor Agency’s operational requirements. Thus, the City invests in two pooled funds, Local Agency Investment Fund ( LAIF) and the California Asset Management Program (CAMP). These are intended for daily operational activities and can be used during economic uncertaintie s for ongoing operating and maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.
The City’s LAIF balance at the end of April was $111,218,218, an increase of $1,209,896 from the prior month due to earned interest.
The Successor Agency’s LAIF balance at the end of April was $3,899,819, an increase of $42,507 from the prior month due to earned interest.
The City’s CAMP balance at the end of April was $52,558,640 compared to $52,367,136 in March. The increase is due to interest earned during the month.
Report to Mayor and City Council
Re: Monthly Investment Reports
June 3, 2025
The interest rates presented are the most current rates available as of the date of this report. As of April 30, 2025, the interest rates for LAIF and CAMP investments were at
4.281 percent and 4.45 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of February were 4.313 percent and 4.47 percent. This time last year, LAIF and CAMP rates were at 4.272 percent and 5.44, respectively.
The chart above shows the LAIF and CAMP average monthly yields from July 2024 through April 2025. The difference between the two funds’ performance is primarily due to their varying pool characteristics. CAMP’s portfolio composition is more prone to market volatility, resulting in performance variations.
Diversity
The Finance Division aims to diversify the investment portfolios to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
The City and Successor Agency’s investment portfolios remain strongly diversified. The monthly reports include all investments held by both entities and current book values as of April 30, 2025.
The City and Successor Agency are expected to have sufficient funds to meet their expenditure requirements for the next six months. The Finance Division will continue to monitor current economic conditions and the impact on interest rates.
Attached are summaries of the investments in the City and Successor Agency’s books as of April 30, 2025.
4.52% 4.58% 4.58% 4.52% 4.48% 4.43% 4.37% 4.33% 4.31% 4.28%
5.43% 5.41% 5.29% 5.03% 4.87% 4.73% 4.55% 4.51% 4.47% 4.45%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
July Aug Q1 Sep Oct Nov Q2 Dec Jan Feb Q3 Mar Apr
Pooled Investments Monthly Yields
LAIF CAMP
Report to Mayor and City Council
Re: Monthly Investment Reports
June 3, 2025
FISCAL IMPACT
$0; There is no fiscal impact associated with the recommended actions for this report.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Janelle Samson, Director of Operations
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney
ATTACHMENTS
Rpt. Monthly Investment Reports Apr 2025
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
U.S. TREASURY SECURITIES Yield
03-19-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 2,902,140.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,888,310.00 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,836,900.00 03-08-23 03-31-26 CITY 9128286L9 U.S. Treasury Note 2.25 3,200,000.00 3,029,330.80 3,064,000.00 01-03-24 12-31-26 CITY 912828YX2 U.S. Treasury Note 0.04 5,000,000.00 4,696,880.23 4,666,600.00 01-03-24 06-30-27 CITY 91282CEW7 U.S. Treasury Note 0.04 5,000,000.00 4,897,630.28 4,825,200.00 01-03-24 09-30-27 CITY 91282CFM8 U.S. Treasury Note 0.04 2,500,000.00 2,523,771.66 2,472,450.00 01-08-24 02-15-26 CITY 91282CGL9 U.S. Treasury Note 0.04 5,000,000.00 4,987,205.23 4,932,250.00 01-08-24 06-15-26 CITY 91282CHH7 U.S. Treasury Note 0.04 5,000,000.00 5,001,760.94 4,942,800.00 12-18-24 09-30-29 CITY 91282CFL0 U.S. Treasury Note 0.39 5,000,000.00 4,977,094.45 4,977,094.45 12-18-24 10-31-29 CITY 91282CFT3 U.S. Treasury Note 0.40 5,000,000.00 4,988,321.47 4,988,321.47 12-18-24 11-30-29 CITY 91282CFY2 U.S. Treasury Note 0.39 5,000,000.00 4,942,086.29 4,942,086.29 01-02-25 12-31-29 CITY 91282CGB1 U.S. Treasury Note 0.39 3,000,000.00 2,949,835.02 2,949,192.75 TOTAL U.S. TREASURY SECURITIES 54,700,000.00$ 54,967,840.58$ 53,387,344.96$
GOVERNMENT AGENCY PAPER
06-10-20 06-16-25 CITY 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 4,781,500.00 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.59 1,000,000.00 1,103,275.25 976,880.00 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.57 2,000,000.00 2,208,460.00 1,953,760.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,826,750.00 06-30-21 12-30-25 CITY 3130AMRQ7 Federal Home Loan Note 0.88 3,000,000.00 3,000,000.00 2,821,947.30 07-29-21 04-29-26 CITY 3130AN5C0 Federal Home Loan Note 1.05 4,000,000.00 4,010,455.13 3,734,320.00 12-17-21 11-12-25 CITY 3134GXBM5 Federal Home Loan Note 1.15 1,150,000.00 1,125,785.50 1,082,265.00 12-17-21 06-23-25 CITY 3133ENHW3 Federal Farm Credit 1.17 10,000,000.00 10,000,000.00 9,595,310.20 12-20-21 07-30-25 CITY 3136G4ZP1 Fannie Mae 0.65 3,500,000.00 3,444,175.00 3,339,331.94 12-20-21 09-24-25 CITY 3134GWUG9 Freddie Mac 0.57 10,000,000.00 9,806,600.00 9,459,892.40 12-21-21 12-22-26 CITY 3133ENJC5 Federal Farm Credit 1.29 5,000,000.00 5,000,000.00 4,589,481.35 06-29-22 08-12-25 CITY 3133EL3P7 Federal Farm Credit 3.34 1,810,000.00 1,660,349.20 1,722,111.58 06-24-22 02-26-27 CITY 3130AL5A8 Federal Home Loan Note 3.33 5,000,000.00 4,479,000.00 4,533,218.00 08-17-22 10-27-26 CITY 3134GW4C7 Freddie Mac 0.80 5,000,000.00 4,539,500.00 4,562,202.10 01-06-23 02-25-27 CITY 3130AQRH8 Federal Home Loan Note 4.38 5,000,000.00 4,590,638.89 4,670,265.65 01-06-23 04-19-27 CITY 3130ARHJ3 Federal Home Loan Note 4.38 5,000,000.00 4,801,354.86 4,801,570.80 05-18-23 05-18-27 CITY 3133EPKC8 Federal Farm Credit 5.39 5,000,000.00 5,000,000.00 4,991,602.80 06-05-23 05-30-28 CITY 3133EPLE3 Federal Farm Credit 4.67 2,815,000.00 2,822,746.50 2,790,565.80 05-03-24 05-01-28 CITY 3133ERCX7 Federal Farm Credit 5.17 5,000,000.00 5,000,000.00 5,000,777.50 12-03-24 12-04-29 CITY 3130B3XP3 Federal Home Loan 4.50 1,000,000.00 1,000,000.00 1,000,000.00 12-04-24 12-02-27 CITY 3133ERE23 Federal Farm Credit 4.32 1,000,000.00 1,000,000.00 1,000,000.00 01-27-25 07-27-27 CITY 3130B4RC7 Federal Home Loan Bank 4.50 3,000,000.00 3,000,000.00 3,000,000.00 01-28-25 07-21-27 CITY 3130B4QA27 Federal Home Loan Bank 4.55 3,000,000.00 3,000,000.00 3,000,000.00 TOTAL GOVERNMENT AGENCY PAPER 90,275,000.00$ 88,586,015.58$ 86,233,752.42$
CITY OF PALMDALE INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
CERTIFICATES OF DEPOSIT
01-04-24 06-15-26 CITY 05580A4Y7 BMW Bank of NA 4.03 240,000.00 243,434.40 238,848.00 01-04-24 11-30-27 CITY 46656MVH1 JPMorgan Chase Bank 4.76 240,000.00 242,022.91 240,415.20 01-04-24 12-28-28 CITY 09582YAV4 Blue Ridge Bank 4.09 240,000.00 240,948.00 234,677.60 06-11-24 06-12-28 CITY 59541KCV7 Mid-Missouri Bank 5.15 245,000.00 245,034.57 243,510.50 06-11-24 06-11-26 CITY 38150VUZ0 Goldman Sachs Bank 5.05 245,000.00 245,033.90 245,615.57 06-13-24 06-13-29 CITY 89235MPP0 Toyota Financial SGS 4.65 245,000.00 245,000.00 246,281.17 06-14-24 06-15-26 CITY 34520LBC6 Forbright Bank 5.05 245,000.00 245,000.00 245,699.42 06-14-24 06-14-28 CITY 307811KA6 Farmers & Merchs Bank 5.00 245,000.00 245,000.00 242,169.22 06-14-24 06-14-29 CITY 69503PAB7 Pacific Valley Bank 5.20 245,000.00 245,000.00 243,313.18 06-17-24 06-17-26 CITY 8562855V9 State Bank of India 5.10 245,000.00 245,000.00 245,875.30 06-18-24 06-18-29 CITY 229083AA8 Evangeline Bank & Trust 5.30 245,000.00 245,000.00 245,000.16 06-20-24 06-22-26 CITY 06051XER9 Bank of America NA 5.05 245,000.00 245,000.00 245,737.44 06-21-24 06-22-26 CITY 35634MAE1 Freedom Bank/Maywood NJ 5.05 245,000.00 245,000.00 245,737.72 06-25-24 06-25-29 CITY 09776DAG9 BOM Bank 5.35 245,000.00 245,000.00 245,000.11 TOTAL CERTIFICATES OF DEPOSIT 3,415,000.00$ 3,421,473.78$ 3,407,880.59$ 05-17-23 03-01-26 CITY 30231GAT9 Exxon Mobile Corporation 3.04 1,000,000.00 982,084.11 967,125.82 05-17-23 03-02-26 CITY 194162AQ6 Colgate-Palmolive 4.80 1,000,000.00 1,035,553.33 997,703.43 05-17-23 01-26-26 CITY 742718FY0 Procter & Gamble 4.10 1,000,000.00 1,018,471.67 987,387.46 01-04-24 07-27-26 CITY 61761J3R8 Morgan Stanley 4.70 500,000.00 481,185.25 478,020.00 01-04-24 06-15-26 CITY 46625HRS1 JPMorgan Chase & CO 4.52 500,000.00 484,840.25 481,325.00 01-04-24 03-02-28 CITY 718172CE7 Philip Morris Intl Inc 4.49 500,000.00 474,395.25 466,815.00 01-04-24 04-01-27 CITY 808513BW4 Charles Schaw Corp 4.68 500,000.00 479,390.25 477,190.00 01-09-24 06-02-26 CITY 11271LAA0 Brookfield Fin Inc 5.13 500,000.00 490,115.25 489,610.00 01-09-24 11-28-28 CITY 05565QDH8 BP Capital Markets PLC 4.48 500,000.00 483,460.25 475,490.00 01-09-24 01-28-26 CITY 06406RAQ0 Bank OF NY Mellon Corp 4.52 500,000.00 463,355.25 466,490.00 01-09-24 07-09-27 CITY 22550L2K6 Crdit Suisse New York 4.92 500,000.00 500,910.25 495,950.00 01-09-24 08-15-28 CITY 797440CE2 San Diego G & E 4.49 500,000.00 509,340.25 497,940.00 01-09-24 07-01-27 CITY 75973QAA5 Reneissance Financial 5.01 500,000.00 475,470.25 473,980.00 01-09-24 01-27-26 CITY 780082AD5 Royal Bank of Canada 4.97 500,000.00 496,930.25 492,915.00 08-27-24 02-01-29 CITY 06406RBN6 Bank of NY Mellon Corp 4.20 656,000.00 663,116.29 663,116.29 TOTAL CORPORATE BONDS $9,156,000 $9,038,618 8,911,058.00$
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY 98-19-620 0.78 57,004,603.30 57,004,603.30 57,004,603.30 9-19-2024 n/a PFA 40-19-078 36,500,000.00 36,500,000.00 39,313,382.47 9-28-2021 n/a ARPA 19-19-004 0.78 14,900,232.58 14,900,232.58 14,900,232.58 TOTAL LAIF ACCOUNTS 108,404,835.88$ 108,404,835.88$ 111,218,218.35$
CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY 6080-01 0.30 52,558,640.46 52,558,640.46 52,558,640.46 TOTAL CAMP ACCOUNTS 52,558,640.46$ 52,558,640.46$ 52,558,640.46$
UBS FINANCIAL SERVICES
n/a n/a CITY 0.00 100,058.80 100,058.80 100,058.80
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 100,058.80$ 100,058.80$ 100,058.80$ TOTAL CITY INVESTMENTS 318,609,535.14$ 317,077,483.23$ 315,816,953.58$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRARY 16-19-012 0.78 13,776.68
TOTAL LIBRARY INVESTMENTS 13,776.68$
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 119.82
05-10-95 n/a IMPROVEMENT 95421222 0.10 174,138.93
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 174,258.75$
BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 13.82
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,898,550.11
04-06-95 n/a BOND 95420887 0.15 0.15
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,898,564.08$
BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 74.41
08-01-19 n/a RESERVE 242969003 0.00 722,953.75
08-01-19 n/a SP TAX - REFNDING BOND 242969004 0.01 15,151.49 TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 738,179.65$
BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 342,592.14
n/a RESERVE FUND 251009001 0.01 643,041.90
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021985,634.04$
LIBRARY INVESTMENTS
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
BOND PROCEEDS
2006-1 GODDE HILL ESTATE SEWER IMPROVEMENTS LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 102,484.45
11-08-06 n/a ADM EXP 106844002 0.01 1,791.91
11-08-06 n/a RESERVE FUND 106844003 0.01 86,572.84
TOTAL 2006-1 GODDE HILL ESTATE SEWER IMPROVEMENTS LOIB 190,849.20$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 40,722.35 TOTAL 2015 HA DEBT SERVICE RESERVE 40,722.35$
PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 10,173,902.50 TOTAL PARS PENSION TRUST FUND 10,173,902.50$
BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 225,538.41
09-03-15 n/a INTEREST ACCT 277067001 0.01 5.87
09-03-15 n/a BOND RESERVE 277067003 0.00 281,020.80
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,325,903.00 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,832,468.08$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 0.98
04-05-17 n/a REVENUE REFUNDING BOND 271128001 n/a 171,143.79 $42,830 n/a REVENUE REFUNDING BOND 271128002 0.10
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 171,144.87$
BOND PROCEEDS
2023 A&B SERIES ACQUISITION & CONSTRUCTION REVENUE BOND Fiscal Agent: U.S. Bank National Association (fka First Trust) 248041000 7.49
11-30-23 n/a INTEREST 248041001 560,556.55
11-30-23 n/a REVENUE FUND 248041004 13.54
11-30-23 n/a INTEREST 248041007 0.38
11-30-23 n/a REVENUE FUND 248041008 4,800,260.61
TOTAL 2023 A&B SERIES B ACQUISITION & CONSTRUCTION REV BOND 5,360,838.57$ GRAND TOTAL - FISCAL AGENT CASH 22,566,562.09$
Cash on Hand 13,843,301$
Pooled Cash Investments
City: 311,163,811$
Insur Fund: 4,653,143$ 315,816,954$ Library Investments 13,777$
Subtotal 329,674,032$
City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 22,566,562$
Grand total 352,240,594$
The interest rate quoted on LAIF, AIM, and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF & AIM interest Rates are as of March 31, 2025
SUMMARY OF CASH AND INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
CITY OF PALMDALE
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF), CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP), & UBS FINANCIAL SERVICES
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - CITY ACCOUNT 98-19-620
Beginning Balance 56,352,264.25$
04-15-25 652,339.05$
Subtotal -$ -$ 652,339.05$ 57,004,603.30$ LAIF - PFA ACCOUNT 40-19-078
Beginning Balance 38,918,234.07$
04-15-25 395,148.40$
Subtotal -$ -$ 395,148.40$ 39,313,382.47$ LAIF - LIBRARY ACCOUNT 16-19-012
Beginning Balance 13,626.52$
04-15-25 150.16$
Subtotal -$ -$ 150.16$ 13,776.68$ LAIF - ARPA ACCOUNT 19-19-004
Beginning Balance 14,737,823.36$
04-15-25 162,409.22$
Subtotal -$ -$ 162,409.22$ 14,900,232.58$ CAMP
Beginning Balance 52,367,136.45$
04-30-25 191,504.01 $
Subtotal -$ -$ 191,504.01$ 52,558,640.46$ UBS Financial Services
Beginning Balance 184,492.15$
04-30-25 129,254.15 $
04-30-25 (213,687.50)$
Subtotal -$ (213,687.50)$ 129,254.15$ 100,058.80$ Total -$ (489,013.10)$ 1,806,130.59$ 163,890,694.29$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
TN= US Treasury C = Call
FP= Federal Paper M= Maturity
CD= Certificate of Deposit CB= Corporate Bond
FACE
PURCHASE MATURITY VALUE INTEREST NET INVESTED GAIN/
ISSUER DATE DATE REDEEMED RECEIVED FUNDS AMOUNT (LOSS)
-
3133EMUP5 Federal Farm Credit 04-01-21 04-01-25 FP 5,000,000.00 17,750.00 5,017,750.00 4,826,404.05 173,595.95 5,000,000.00$ 17,750.00$ 5,017,750.00$ 4,826,404.05$ 173,595.95$ Total Number of Transactions:
CITY OF PALMDALE
POOLED CASH - INVESTMENTS MATURED OR CALLED
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
APRIL 30, 2025
TN = US Treasury
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes ACCRUED
PURCHASE MATURITY FACE PREMIUM / PURCHASE INTEREST NET Yield
ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE -
-
-
-$ -$ -$ -$ -$ Total Number of Transactions:
POOLED CASH - INVESTMENTS PURCHASED
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
April 30, 2025
PURCHASE MATURITY ACCOUNT/ INTEREST INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL
LAIF - SA ACCOUNT 65-19-035
09-01-84 n/a SA Account 65-19-035 0.78 3,899,819.00
3,899,819.00$
FISCAL AGENT CASH
BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a Reserve Fund 94460700 2.54 536,705.23
08-20-02 n/a Interest Acct 94460701 0.04 41,577.65
08-20-02 n/a Principal Acct 94460702 0.04 371.71
TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 578,654.59$
BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a Debt Service 245113000 0.00 6.29
04-26-16 n/a Interest Acc 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 6.29$ GRAND TOTAL - FISCAL AGENT CASH 578,660.88$
SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 5,250,050$ 5,256,592.07$
($6,542)
Pooled Cash Investments 3,899,819$ $0
5,250,050.29$
Successor Agency Fiscal Agent Cash 578,661$ *
Grand total 9,728,530$
* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF interestrates are as of April 30, 2025.
S:\Cash and Investment\Investment\Investment Reports\24-25\10 Apr 2025\[Apr 2025 Successor Investment Report.xls]APR 2025 Monthly
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
April 30, 2025
POOLED CASH - STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF)
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - SA ACCOUNT 65-19-035
Beginning Balance 3,857,311.77
04-15-25 42,507.23$
Subtotal -$ -$ 42,507.23$ 3,899,819.00$
City Council Staff Report
DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
INFORMATION TECHNOLOGY DIVISION
DISTRICT: ALL
SUBJECT: APPROVE AGREEMENT WITH ESENTIRE , INC., FOR SECURITY
OPERATIONS CENTER (SOC) SERVICES AND INCIDENT
RESPONSE IN THE AMOUNT OF $333,000 FOR A TERM OF THREE
(3) YEARS
RECOMMENDATION
Staff recommend that the City Council:
1. Approve Agreement No. A-9337 with eSentire, Inc., for SOC Services and Incident Response in the amount of $333,000 for a term of three (3) years; and,
2. Authorize the City Manager Pro Tem or his designee to execute Agreement No.
A-9337 with eSentire, Inc., including minimal and/or non-substantial changes.
BACKGROUND
Like many municipalities nationwide, the City of Palmdale is an ongoing target for cyberattacks. As digital threats continue to evolve in complexity and frequency, it is critical that the City maintain a strong and proactive cybersecurity posture to safeguard public systems, services, and sensitive data.
DISCUSSION
Maintaining this level of protection requires continuous system monitoring, real -time threat detection, and the ability to respond immediately to incidents. To effectively meet these demands, s taff recommends partnering with a third -party Security Operations Center (SOC). A contracted SOC would provide 24/7 cybersecurity support, including active threat monitoring, incident response, and forensic analysis.
Report to Mayor and City Council
Re: Approve Agrmt. No. A-9337 with eSentire, Inc.
June 3, 2025
Leveraging a third -party SOC would enh ance the City’s ability to prevent, detect, and respond to cyber threats efficiently and with greater technical depth. This proactive approach represents a strategic investment in operational resilience and public trust, ensuring the continuity and integrity of City services.
The following table details the annual costs associated with each service covered under this agreement:
SCOPE OF WORK COST
24x7 Monitoring, Investigation, Response, and Remediation Included Network Services License 9,200
Network Services – 201 Series Sensor (3) 11,110
Endpoint Services – Crowdstrike w/Overwatch (600) 44,310 Log Services – Sumo Logic – Essentials 4,920
Log Services – Sumo Logic 12,600
Managed Vulnerability Service – per scanned asset 1,040 Managed Vulnerability Service – Managed Only 5,230
External Vulnerability Scan and Penetration Test 8,550
Dark Web Monitoring – Advanced 14,040
Total Cost: $111,000
FISCAL IMPACT
$333,000; Funds are budgeted and available in FY 202 4-25. Services have been procured through TIPS RFP 210101 Technology Solutions, Products and Services Cooperative Agreement.
STRATEGIC PLAN
Goal III: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Prepared by: Janelle Samson, Director of Operations
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney
ATTACHMENTS
Agrmt No. A-9337 with eSentire, Inc.
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 1 of 12 (2023-11)
This Master Security Services Agreement (this “Agreement”) is by and between City of Palmdale (“Client”), with offices at 38250 Sierra Highway Palmdale, California, United States 93550, and eSentire, Inc. (“eSentire”), with offices at 451 Phillip Street Unit 135, Waterloo, ON, Canada N2L 3X2, each a “Party” and together the “Parties.” This Agreement is effective on the date of the last signature below (the “Effective Date”).
1. Definitions
In addition to the capitalized terms defined elsewhere in this Agreement or in the applicable Order Form, the following terms will have the meanings ascribed to them in this Section 1. “Affiliate” of a Party means any corporation or other legal entity that such Party directly or indirectly controls, is controlled by, or is under common control with. In this context, a Party “controls” a corporation or other entity if it or any combination of it and/or its Affiliates owns more than 50% of the voting rights for the board of directors or other mechanism of control for such corporation or other entity. “Client Data” means (a) data, records, files of Client including e-mail sent or received by personnel of Client, and (b) all reports generated for or by Client as a result of the provision or use of the Services, except to the extent such reports contain eSentire Intellectual Property.
“Confidential Information” means any and all information disclosed by either Party (“Disclosing Party”) to the other (“Receiving Party”) that is not deemed public information, that is not protected by Requirements of Law applicable to information that is Personal Information and that is marked “confidential” or “proprietary,” or similar designation or which the recipient knows or has reason to know is regarded by the Disclosing Party as such, including oral information. For the avoidance of doubt, Confidential Information does not include any information that the Receiving Party can demonstrate: (a) was known to it prior to its disclosure hereunder by the Disclosing Party; (b) is or becomes known through no wrongful act of the Receiving Party; (c) has been rightfully received from a third party without restriction or disclosure and without breach by such third party of a non-disclosure obligation; (d) is independently developed by the Receiving Party; or (e) has been approved for release by the Disclosing Party’s prior written authorization.
“Day” or “Days” means calendar days, unless otherwise specified. “Encrypt” or “Encryption” means the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without the use of a confidential process or key; “Intellectual Property” means (a) any rights provided under (i) patent law, (ii) copyright law, (iii) trade-mark law, (iv) design patent or industrial design law or (v) any other statutory provision or common law principle applicable to this Agreement, including trade dress and trade secret law, which may provide a right in either ideas, formulae, algorithms, concepts, inventions or know-how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventions or know-how; and (b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing. eSentire’s Intellectual Property includes New Intellectual Property, as defined in Section 2.4 below. “Order Form” means an ordering document, executed by the Parties, that specifies the Services to be provided to Client, including any amendments and supplements thereto. Each such Order Form, and any schedules, documents, or other attachments thereto, incorporates and is subject to the terms and conditions of this Agreement. “Participating Affiliate” means a Client Affiliate authorized by Client under eSentire’s processes to contract for Services in Participating Affiliate’s own name subject to the terms of this Agreement. “Personal Information” means information that can be used on its own or in combination with other information to identify, contact, or locate a particular individual, including but not limited to, name, address, telephone number, email address, IP address, place of birth, mother’s maiden name, sexual orientation, social insurance or social security numbers, credit history and score, financial records, password and login information, biometric data, medical records, health insurance number, employment information and driver’s license number, as applicable and/or as defined and protected by Requirements of Law. 1-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 2 of 12 (2023-11)
“Requirements of Law” mean all laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions, and agreements with any government authority, agency, body or department, whether federal, provincial, state, municipal or law of a jurisdiction outside Canada or the U.S. that now or at any time hereafter may be applicable to a Party in the performance of its obligations under this Agreement or any part of them (including all applicable privacy and data protection laws). “Services” means the services specified in an Order Form. “Systems” means any combination of hardware and software, including without limitation any telecommunication lines or other networking devices used to link such combination of hardware and software.
2. Services, License Grants and Restrictions
2.1 Services. eSentire shall provide to Client the Services as set forth in the Order Form during the Term. eSentire personnel shall remain under the direction and control of eSentire.
2.2Usage Restrictions. Except as expressly permitted by eSentire, Client will not (and will not allow any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, or underlying structure, ideas, or algorithms of the software provided or used by eSentire in delivering the Services (“Software”) or the Services; (ii) copy or duplicate the Software or modify, translate, or create derivative works based on the Software; (iii) rent, lease, distribute, sublicense, resell, pledge, assign, or otherwise transfer, provide access to or encumber rights to Software or the other Services; or (iv) use the Services or Software for service bureau purposes or otherwise for the benefit of a third party. Client will use the Services solely in compliance with all Requirements of Laws.
2.3Ownership and Use of Client Data. Except as provided below, eSentire expressly acknowledges and agrees that as between Client and eSentire, Client is the owner of and has exclusive rights, title, and interest in and to Client Data. Notwithstanding the foregoing, to the extent any reports provided by eSentire to Client hereunder include any eSentire Intellectual Property including without limitation, the format of such reports, eSentire shall retain all rights in and to such eSentire Intellectual Property. eSentire hereby grants to Client a nonexclusive, nontransferable, limited license to use such eSentire Intellectual Property solely for the purposes for which such reports are provided by eSentire to Client pursuant to this Agreement. Client will not create derivative works based upon, using, or incorporating any eSentire Intellectual Property, disassemble or reverse engineer, decompile or design around any eSentire Intellectual Property. eSentire will have the right to access and use such Client Data solely (i) as necessary to provide the Services and (ii) for trend analysis that may assist eSentire in the provision of its services in its business generally, provided that no such trend analysis will result in the disclosure of any Personal or Confidential Information about or from Client or its employees or customers. eSentire will not retain, use, disclose, sell, or otherwise process Client Data for any purpose other than the specific purpose of performing the Services under this Agreement.
2.4Freedom to Use Ideas. The ideas, formulae, algorithms, concepts, inventions, know how, improvements, discoveries, processes and other information and materials (“New Intellectual Property”) developed during the course of performing Services for Client under this Agreement by eSentire and/or eSentire personnel will become the sole Intellectual Property of eSentire, except to the limited extent such New Intellectual Property contains Client Data. eSentire may use any such New Intellectual Property without limitation, including by or for its clients or customers other than Client, notwithstanding anything to the contrary contained in this Agreement.
2.5Retention of Rights. Except for the rights expressly granted under this Section 2, eSentire, or its third-party vendor(s) or licensor(s), as applicable, retains all right, title, and interest in and to all Software, eSentire hardware and embedded proprietary software (“Equipment”), Services, and all Intellectual Property created, used, or provided by eSentire to Client pursuant to this Agreement. eSentire will also own all right, title, and interest in and to all modifications or derivatives of, and improvements to, Software, eSentire Equipment and Services. Client acknowledges that nothing contained herein will constitute an assignment or transfer of any such eSentire Intellectual Property to Client.
2-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 3 of 12 (2023-11)
2.6Update of the Services. eSentire reserves the right in future to make additions, changes, or updates to components of the Services (including end of life, removal of features) (collectively, “Changes”). If such components are no longer supported or made available by eSentire, eSentire will give Client at least 90 Days’ prior written notice of any planned, material Changes to the Services together with associated implementation timelines. If Client believes any such Change will have a material adverse impact on its use of such Services, and eSentire cannot reasonably mitigate the impact of such Change within 30 Days after receipt of Client’s written notice of such material adverse impact then Client may, following the end of such 30-Day Period, terminate the affected Service(s) upon 60 Days’ prior written notice to eSentire.
2.7Client Responsibilities. Client hereby agrees to perform its obligations as set forth in the applicable Order Form.
3. Fees and Payment Terms
3.1 Fees. The fees for Services are set forth on the Order Form (the “Fees”). If Client requests or eSentire recommends additional Services, the Parties will execute a separate Order Form for such additional Services.
3.2 Invoicing. eSentire will invoice Client as indicated in the applicable Order Form and Client agrees to pay all invoices upon receipt. If Client in good faith believes that eSentire has billed Client incorrectly, Client must notify eSentire in writing no later than 30 Days after the date of such invoice. The Parties will cooperate in good faith to resolve any billing concern raised by Client within such 30-Day period. eSentire reserves the right to charge interest at the rate of the lesser of (i) 1.5% per month or (ii) the maximum amount allowed by law, in respect of invoiced amounts that have remained unpaid for more than 30 Days after the date of the applicable invoice. If eSentire pursues collection efforts against Client due to Client’s failure to pay Fees when due hereunder, Client will pay eSentire’s reasonable costs of collection, including any legal fees related thereto.
3.3 Taxes. All Fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature including, without limitation, fees, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Client is responsible for self-assessment of and self-remission of any and all Taxes associated with this Agreement to the applicable collecting agency or party. In the event that eSentire pays Taxes on behalf of the Client, the Client will reimburse eSentire for its payment of all such Taxes imposed upon the services provided hereunder to Client (excluding Taxes based upon eSentire’s income).
3.4 Suspension of Services. eSentire reserves the right, but assumes no obligation, to suspend performance of the Services with immediate effect on written notice to Client in the event Client is more than 30 days overdue in making payments that have not been disputed in good faith.
4. Warranties
4.1 Mutual. Each Party represents and warrants to the other that it has the right to enter into this Agreement, and that the consent of no other person or entity is necessary for it to enter into or fully perform this Agreement.
4.2 eSentire Warranties. eSentire represents, warrants, and covenants to Client as follows:
4.2.1 the Services will be performed by qualified personnel in a good, workmanlike, professional manner and substantially in accordance with the applicable Service description provided in the applicable Order Form;
4.2.2 it is not under any contractual obligation that would preclude it from entering into this Agreement or providing the Services hereunder;
4.2.3 it is the owner or licensee of the Software used in providing the Services and has all rights necessary to grant the rights herein and to perform its obligations hereunder. In the event that the Software is held to or believed by eSentire to infringe third party Intellectual Property, Client’s sole remedy will be the remedy set forth in Section 9.1;
3-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 4 of 12 (2023-11)
4.2.4 in performing its obligations under this Agreement, it will comply with all data protection laws applicable to eSentire in the performance of its obligations hereunder (which, for the avoidance of doubt, excludes any laws exclusively applicable to Client) and will use the same efforts to safeguard and prevent the misuse of all Personal Information disclosed to it under this Agreement or in the course of providing the Services as it does in protecting its own Confidential Information;
4.2.5 neither this Agreement nor the performance of or exercise of rights under this Agreement will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the Effective Date) to which eSentire is a party or by which it may be bound, or constitute a default thereunder; and
4.2.6 deliverables will conform substantially to the specifications for the same, if any, set out in the applicable Order Form.
4.3 Client Warranties. Client represents, warrants, and covenants to eSentire as follows:
4.3.1 it is duly organized and existing under the laws of its own jurisdiction and is not under any contractual obligation that would preclude it from entering into this Agreement or granting access to eSentire as provided herein to provide the Services;
4.3.2 in accessing and using the Services and in otherwise performing its obligations under this Agreement, Client will comply with all applicable Requirements of Law and all applicable export and encryption laws and regulations, and will not provide or provide access to a decryption key to eSentire;
4.3.3 Client has all rights necessary to provide eSentire with access to Client Data and Systems for use in accordance with the terms of this Agreement, and eSentire’s use of any Client Data in accordance with the terms of this Agreement will not violate the rights of any third party;
4.3.4 if Client (1) orders Services hereunder to be performed by eSentire with respect to any third-party devices, data, facilities, or environments or (2) deploys agents to third-party endpoints for purposes of Services ordered hereunder (collectively, “Third Party Services”), Client has obtained all required authorizations including, without limitation, the prior consent of all such third parties for any such Third Party Services; and
4.3.5 neither this Agreement nor the performance of or exercise of rights under this Agreement will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the Effective Date) to which Client is a party or by which it may be bound, or constitute a default thereunder.
4.4 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL
OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT, WHILE ESENTIRE WILL USE ITS BEST EFFORTS TO DETECT INAPPROPRIATE OR UNAUTHORIZED TRAFFIC OR CONTENT WITHIN CLIENT’S
SYSTEMS AND NETWORK, DUE TO THE NATURE OF THE INTERNET AND ITS USERS, ESENTIRE DOES NOT WARRANT THAT IT WILL BE ABLE TO DETECT ALL SUCH CONTENT AND TRAFFIC.
5. Supply of Software and Hardware
5.1 To provide the Services, certain eSentire Equipment may be installed at Client’s premises as set forth in the applicable Order Form. Client acknowledges and agrees that all such eSentire Equipment shall, at all times, be considered to be personal property of eSentire and its licensors and not Client’s property or a part of Client’s premises. Client will take all reasonable action to protect the eSentire Equipment from theft, damage, or destruction as if such hardware and software were owned by Client.
5.2 With Client’s consent, eSentire, or its authorized third parties, may during normal business hours and upon reasonable notice, enter upon Client’s premises and remove the eSentire Equipment, provided that such removal is not disruptive to the provision of the Services. 4-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 5 of 12 (2023-11)
5.3 Client will not place or allow any lien or other encumbrance to be placed on such eSentire Equipment. Client will not remove the eSentire Equipment from its premises without the prior written consent of eSentire.
Client authorizes eSentire to file any and all appropriate documentation, with no prior requirement to obtain Client's signature, to acknowledge and secure eSentire’s ownership of such eSentire Equipment.
6. Term and Termination
6.1 The term of this Agreement will commence on the Effective Date and will continue in effect for an initial term of three years. Upon expiration of the initial term, the term of this Agreement will automatically renew for additional, consecutive 12-month terms (each such term, a “renewal term”), unless otherwise terminated as described in this Section 6 (the initial term and each such renewal term are collectively referred to as the “Term”). Following expiration of the initial term, Client may terminate this Agreement upon expiration of any renewal term by giving eSentire written notice of its intent to terminate not less than 60 Days prior to the expiration of the then-current renewal term. The termination of this Agreement pursuant to Section 6.1 will not affect the validity of any Order Form(s) then in effect and any such Order Form(s) will continue in effect until termination of such Order Form(s) pursuant to the terms set forth therein.
6.2 Termination for Breach. Without prejudice to any other rights or remedies which it may have, either Party may terminate this Agreement if the other Party fails to cure a material breach of this Agreement and such material breach remains uncured 30 Days after receiving written notice of the breach from the non-breaching Party. For the avoidance of doubt, this cure period will not apply to any Client failure to pay Fees due under this Agreement and, in addition to eSentire’s remedies under Section 3.4, eSentire may immediately terminate this Agreement by written notice to Client if Client fails to pay any Fees.
6.3 Insolvency. A Party may also terminate this Agreement immediately by written notice to the other party (i) if the other Party is declared insolvent or bankrupt by a court of competent jurisdiction; or (ii) if a petition is filed in any court of competent jurisdiction to declare the other Party bankrupt or for a reorganization under bankruptcy law or any similar statute and such petition is not dismissed within 60 Days after such filing or if a trustee in bankruptcy or a receiver or similar entity is appointed for the other Party or (iii) the affected Party has been unable to reasonably satisfy the other Party that it is able to perform its obligations in accordance with this Agreement and with no adverse impact to the other Party.
7. Effect of Termination
7.1 In the event either Party terminates this Agreement pursuant to Section 6.2 such Party may terminate any and all Order Forms then in effect between eSentire and Client with immediate effect, upon written notice to the other Party.
7.2 Upon termination of this Agreement, all rights granted by either Party to the other Party hereunder will revert to the granting Party, all licenses will terminate and Client’s access to or use of the Services will immediately terminate, with the exception of eSentire’s right to remove eSentire Equipment from Client’s premises. All accrued rights to payment under this Agreement will survive termination.
7.3 Upon termination of this Agreement, Client will delete all copies of any Software provided by eSentire and all related materials. At eSentire’s request, Client agrees to certify the deletion of such Software and/or return of the related materials to eSentire in writing.
7.4 Within 30 Days after any termination of this Agreement, each Party will return to the other Party or destroy all Confidential Information of the other Party, at the receiving Party’s option.
7.5 Within 30 Days after any termination of this Agreement, Client will return the eSentire Equipment to a location specified by eSentire, at Client’s expense. Client acknowledges and agrees that, if Client does not deliver such eSentire Equipment within such 30-Day period, Client will pay eSentire a reasonable replacement charge per sensor to cover eSentire’s costs to replace the eSentire Equipment. 5-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 6 of 12 (2023-11)
8. Liability Limitations
EXCLUDING LOSSES ARISING PURSUANT TO SECTION 9 OR FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S
LIABILITY TO THE OTHER HEREUNDER FOR ANY LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, DEFICIENCIES,
COSTS OR EXPENSES, INCLUDING THE REASONABLE FEES AND REASONABLE EXPENSES OF LEGAL COUNSEL, ACCOUNTANTS OR OTHER EXPERTS AND PROFESSIONAL ADVISERS (COLLECTIVELY, “LOSS”), ARISING FROM OR
RELATING TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES HEREUNDER WILL NOT EXCEED THE AMOUNT
PAID BY CLIENT TO ESENTIRE FOR THE SPECIFIC SERVICE TO WHICH SUCH CLAIM RELATES DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE THE LOSS OCCURRED. REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF
LIABILITY (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY REQUIREMENTS OF LAW, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT), NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY:
INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF THE PARTY
CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OR HAD KNOWLEDGE OF THE POSSIBILITY OF SAME OR COULD
REASONABLY HAVE FORESEEN SAME), INCLUDING LOST BUSINESS REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF PROFITS OR FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS). THE PARTIES AGREE THAT THIS SECTION 8 REPRESENTS A REASONABLE ALLOCATION OF RISK.
9. Indemnities
9.1 eSentire Intellectual Property Infringement Indemnity. eSentire will defend or settle, indemnify and hold Client and its Affiliates, subsidiaries, officers, directors, employees, agents and assigns harmless from and against any third party claim, suit or proceeding, and pay any damages awarded in a final judgment against Client, based on a claim that any eSentire Service or eSentire Equipment (for purposes of convenience in this Section 9, collectively “Services” or “Service”) as provided under this Agreement infringes any U.S. copyright, patent right, trademark or similar proprietary right of any third party (a “Third Party IP Claim”). eSentire will also pay reasonable attorneys’ fees and expenses incurred in connection with such defense or settlement.
Notwithstanding the foregoing, eSentire will have no indemnity obligation or liability hereunder to Client for any Third Party IP Claim which is due in whole or in part, directly or indirectly, to: (i) modification by Client or any third party on Client’s behalf or direction of the Services or associated technology, provision of the Services other than by eSentire or by another party at the direction or instruction of eSentire, including any portion of the Software or hardware provided to Client as part of the Services; or (ii) combination of eSentire’s Services with parts, equipment, software, devices or third-party services not provided by eSentire where such infringement would not exist but for such combination; or (iii) any willful misconduct or fraudulent action of Client or any third party. For greater certainty, eSentire will not settle any Third Party IP Claim in a manner that attributes liability to Client without Client’s written consent (which consent will not unreasonably be withheld). In the event that the Services are held to or believed by eSentire to infringe any third party U.S. copyright or patent right, eSentire will have the option to: (x) replace or modify the Services to be non- infringing, provided that such modification or replacement provides substantially similar features and functionality; (y) obtain for Client the right to continue using the Services; or (z) if both (x) and (y) are not reasonably practicable, terminate this Agreement on written notice to client and refund to Client the prorata portion of the Fees paid to eSentire for the Services not provided by eSentire after the date eSentire received notice of the Third Party IP Claim. eSentire will not have any obligation to indemnify Client hereunder with respect to any claim that any third-party “open source” or “shareware” software incorporated into any Software provided hereunder infringes any third-party U.S. copyright, patent, or similar proprietary right.
ESENTIRE WILL HAVE NO OBLIGATION TO CLIENT IF ANY ALLEGED THIRD PARTY IP CLAIM IS BASED UPON THE
USE OF THE SERVICES FOR A PURPOSE FOR WHICH THE SERVICES WERE NOT INTENDED OR UPON USE OF ANYTHING OTHER THAN THE MOST CURRENT VERSION OF THE SERVICES.
9.2 Mutual General Indemnity. Each Party will defend or settle, indemnify and hold harmless the other Party and its Affiliates, subsidiaries, officers, directors, employees and agents (individually and collectively, “Indemnitee”) from and against any and all third-party claims, actions, damages, losses, liabilities and expenses (of whatever form or nature including, without limitation, reasonable attorneys’ fees and expenses and all costs of litigation), whether direct or indirect, alleging damages (each a “Covered Claim”) (i) to real or personal property or personal injury and caused by the active negligence or willful or intentional misconduct 6-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 7 of 12 (2023-11)
of the indemnifying Party or its Affiliates, officers, directors, employees or agents (individually and collectively, “Indemnitor”); (ii) arising out of or relating to Indemnitor’s violation of any Requirements of Law; (iii) with respect to any Third Party Services, arising out of or relating to Client’s failure to obtain the required authorizations or third-party consents, or the adequacy of such consents; or (iv) with respect to Client’s indemnification obligations under this section, arising out of or relating to a Client Indemnitor’s failure to Encrypt Confidential Information or personal information pursuant to Requirements of Law or this Agreement. Client will Encrypt all Confidential Information and Personal Information provided or made available to eSentire under this Agreement. “Covered Claims” exclude any claim alleging damages to the extent caused by the negligence, fraud, or willful misconduct of an Indemnitee or for which eSentire is responsible under Section 9.1.
9.3 Procedure. Each Party’s (as “Indemnitor”) indemnity obligations under this Section 9 are contingent on the other party promptly notifying the Indemnitor in writing of any claim or threat thereof, promptly tendering to the Indemnitor sole control of the defense and any settlement of such claim, and providing to Indemnitor (at Indemnitor’s cost) any reasonable assistance necessary to such defense or settlement. Indemnitor will not be responsible for any settlement it does not approve in writing (which consent will not unreasonably be withheld).
THIS SECTION 9 SETS FORTH THE PARTIES’ ENTIRE LIABILITY, AND THE PARTIES’ SOLE REMEDIES, IN THE EVENT OF ANY THIRD PARTY IP CLAIMS OR COVERED CLAIMS HEREUNDER.
10. Confidentiality
10.1 The Receiving Party:
10.1.1 will not, directly, or indirectly, use or disclose such Confidential Information or any part thereof to any person or entity or for any purpose whatsoever except as expressly permitted hereunder or unless and until expressly authorized to do so by the Disclosing Party;
10.1.2 will use, disclose, and reproduce the Confidential Information of the Disclosing Party only to the extent necessary to fulfill the Receiving Party’s obligations or exercise its rights under this Agreement;
10.1.3 will promptly comply with requests made by the Disclosing Party to delete Confidential Information when such Confidential Information is no longer needed by the Receiving Party to perform its obligations hereunder;
10.1.4 will disclose the Confidential Information of the Disclosing Party only to those of its representatives, professional advisors, subcontractors and its Affiliates and their representatives, professional advisors and subcontractors (collectively, “Representatives” for purposes of this Section 10) who have a need to know such Confidential Information for the purposes of fulfilling the Receiving Party’s obligations or exercising its rights under this Agreement, and who have assumed obligations of confidentiality equal to or greater than the obligations of the Receiving Party under this Section 10 with respect to the Confidential Information.
In all cases, the Receiving Party will be responsible for any (a) loss or theft of, or unauthorized access to the Disclosing Party’s Confidential Information or (b) violation of Requirements of Law applicable to Confidential Information by its Representatives;
10.1.5 will use reasonable efforts to treat, and to cause all of its Representatives to treat, the Disclosing Party’s Confidential Information with at least the same degree of care the Receiving Party exercises in protecting its own Confidential Information and, in any event, with no less than a reasonable standard of care; and
10.1.6 will be entitled to disclose Confidential Information if such disclosure is required (i) by a court, administrative or regulatory body (including a stock exchange) of competent jurisdiction, whether as a result of any application made by the Receiving Party, a request made by an individual Data Subject, as defined in the General Data Protection Regulation, or (ii) pursuant to an investigation initiated by a regulatory body, other governmental authority or pursuant to court order, provided that the Receiving Party will:
7-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 8 of 12 (2023-11)
10.1.6.1 give prompt written notice of any such requirement for disclosure to the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy or response;
10.1.6.2 take such steps as are reasonably necessary and available to maintain the confidentiality of the Confidential Information by such court, administrative or regulatory body;
10.1.6.3 in any event, make such disclosure only to the extent so legally required; and
10.1.6.4 except as otherwise provided in this Agreement, not use, or disclose to third parties any Confidential Information of the Disclosing Party unless required by law or expressly consented to by the Disclosing Party.
11. Insurance
11.1 e-Sentire, at its expense, shall maintain in effect at all times during the performance of work under this Agreement not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California. Proof of Insurance, as identified in Section 11.8, must be reviewed and accepted by the Client.
11.1.1 Workers’ Compensation and Employer’s Liability
•Workers’ Compensation -- coverage as required by the State of California •Employer’s Liability
o$1,000,000.00 each accident
o$1,000,000.00 policy limit bodily injury
o$1,000,000.00 each employee bodily injury by disease
11.1.2 Commercial General Liability
•$2,000,000.00 limit on a per occurrence basis
•$5,000,000.00 general aggregate limit
11.1.3 Professional Liability (Errors & Omissions)* - Primary & Excess •$10,000,000 limit on a per occurrence basis
11.1.4 Cyber Liability* Primary & Excess
•$10,000,000 limit on a per occurrence basis
11.2 All of e-Sentire’s policies shall contain an endorsement providing that written notice shall be given to Client at least thirty (30) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
11.3 Policies providing for bodily injury and property damage coverage shall contain the following:
11.3.1 An endorsement extending coverage to the Client as an additional insured, as respects liability arising out of the performance of any work under the Agreement. Such insurance shall be primary insurance, as respects the interest of the Client, and any other insurance maintained by the Client 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”.
11.3.2 “Severability of Interest” Clause.
11.4 Promptly upon execution of this Agreement, and prior to commencement of any work, e-Sentire shall deliver to Client certificates of insurance and endorsements to all required policies demonstrating that e-Sentire has the required coverage and showing the required named insured. Within five (5) days of written request from Client, e-Sentire shall deliver to Client full and complete copies of all insurance policies required by this Agreement.
11.5 The requirements as to the types and limits of insurance to be maintained by e-Sentire are not intended to 8-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 9 of 12 (2023-11)
and shall not in any manner limit or qualify e-Sentire’s liabilities and obligations under this Agreement.
11.6 Any policy or policies of insurance that e-Sentire elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Agreement shall include a provision waiving the insurer’s right of subrogation against Client.
11.7 All insurance coverage must be maintained throughout the duration of this Contract.
11.8 Acceptable Proof of Insurance:
11.8.1 ACORD Certificate of Insurance (or Canadian equivalent) 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.
11.8.2 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 Client.
11.8.3 When professional and/or cyber liability insurance coverage is provided on a "claims-made basis" e-Sentire 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 e-Sentire, or its officers, employees or agents during the time this Agreement was in effect.
11.8.4 Notwithstanding any other provision of this Contract, Client may immediately terminate this Contract if, at any time eSentire fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
11.8.5 eSentire 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 eSentire shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be eSentire's sole risk. eSentire's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12. General Provisions
12.1 Interpretation. In this Agreement: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the word “including” or the phrase “e.g.,” in this Agreement mean “including, without limitation,” throughout this Agreement; (iii) all monetary amounts are expressed in United States dollars, unless expressly provided otherwise. Headings and the division of this Agreement into articles and sections are for convenience of reference only and is not intended to and will not affect the interpretation hereof. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions contained in an Order Form, the terms and conditions of the Order Form will take precedence.
12.2 No Licenses. Unless otherwise expressly provided in this Agreement, no licenses to any technology, trademarks, or any other Intellectual Property rights of a Party or any third party are granted by virtue of this Agreement.
12.3 Force Majeure. With the exception of Client’s obligation to make payment hereunder, either Party may be excused for any delay or failure to perform its duties and obligations hereunder to the extent such failure is caused by any circumstances beyond such Party’s reasonable control including, but not limited to, acts of God, fire, flood, war, sabotage, terrorism, civil or military authority, labor disputes, accidents, power surges or failures, internet connectivity, or the act or omission of any third party (a “Force Majeure Condition”). The Party affected by the Force Majeure Condition will be excused from such performance for a period no longer than the delay or failure in performance caused by the Force Majeure Condition, provided such Party uses (i) industry standard procedures to minimize the disruption caused by and (ii) reasonable efforts to remove the 9-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 10 of 12 (2023-11) cause(s) of the Force Majeure Condition.
12.4 Entire Agreement. This Agreement supersedes and cancels all previous agreements, proposals or representations related to the subject matter.
12.5 Assignment. Client will not assign this Agreement without the prior written consent of eSentire.
Notwithstanding the foregoing, Client may assign this Agreement without such consent in connection with the transfer or sale of all or substantially all of its stock, assets or business relating to the Services to which this Agreement relates. Client will give eSentire written notice of any such permitted Assignment within 30 days after the closing date of such transfer or sale. Notwithstanding the foregoing, in order for any assignment to be effective, the assignee must (i) agree in writing to be bound by the terms of this Agreement and (ii) demonstrate to eSentire’s reasonable satisfaction that it possesses the financial ability to perform Client’s obligations hereunder.
12.6 Severability. In the event that any provision of this Agreement is found to be illegal, void, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Agreement will remain in full force and effect.
12.7 Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither Party has any authority of any kind to bind the other in any respect whatsoever. Neither Party has any right to or will make any contracts, warranties or representations or assume or create any other obligations, express or implied, in the other Party’s name or on its behalf.
12.8 Non-Exclusive Nature of Relationship. Notwithstanding anything to the contrary herein, nothing contained in this Agreement prohibits either Party from entering into a similar arrangement with a third party irrespective of the potential similarity thereof to services which might be provided by eSentire to Client.
12.9 No Third Party Beneficiaries; Inurement. There are no third party beneficiaries to this Agreement, except as may otherwise be provided herein. This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns.
12.10 Publicity. Client acknowledges and agrees that eSentire may use Client’s name and logo for the purpose of identifying Client as a customer of eSentire.
12.11 Survival. Section 2.3 (Ownership and Use of Client Data), Section 2.4 (Freedom to Use Ideas), Section 2.5 (Retention of Rights), Section 8 (Liability Limitations), Section 9 (Indemnities), Section 10 (Confidentiality), Section 12 (General Provisions) and any other provisions which by their nature ought to survive termination of this Agreement will survive the termination of this Agreement.
12.12 Notices. All notices, demands, consents, authorizations, approvals and other communications under this Agreement will be in writing and will be deemed to have been duly given (i) if delivered in person, on the date of such delivery; (ii) if sent by facsimile or email, when receipt is electronically confirmed; (iii) if sent by recognized commercial overnight courier, on the delivery date stated in the receipt provided by such courier; and (iv) upon receipt, if sent by certified or registered mail, return receipt requested to the respective Party’s address set forth on the Order Form. Either Party may change its address for notice under this Agreement by giving written notice to the other Party by the means set forth in this Section 12.12.
12.13 Governing Law and Modification. This Agreement will be governed by and construed in accordance with the laws of the state of New York, without regard to its choice of law provisions. Any action seeking legal or equitable relief arising out of or relating to this Agreement will be brought only in the courts of the state of New York. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any changes to this Agreement, or any additional or different terms in Client’s purchase orders, acknowledgments or other documents will have no effect and will not supersede the terms of this Agreement. Any modifications or amendments to this Agreement must be in writing and signed by both Parties.
12.14 Rights and Remedies. Except as specifically provided in this Agreement, the rights and remedies provided in this Agreement and all other rights and remedies available to either Party at law or in equity are, to the extent 10-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 11 of 12 (2023-11) permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity, neither asserting a right nor employing a remedy will preclude the concurrent assertion of any other right or employment of any other remedy.
12.15 Further Assurances. Each Party will from time to time and at all times do such further acts and execute and deliver such further documents as may be reasonably required in order to evidence, carry out and give full effect to the terms, conditions, intent and meaning of this Agreement.
12.16 Non-Solicitation. Client will not solicit for employment, hire, or enter into any independent contractor or other similar relationship with any employee of eSentire who has been involved, directly or indirectly, in the provision of any of the Services hereunder to Client during the immediately preceding 12-month period without the express prior written consent of an authorized eSentire executive. This Section 12.16 will not prohibit Client from hiring an employee of eSentire in response to an employment or contracting advertisement or other general solicitation not specifically targeted at such employee.
12.17 Counterparts. This Agreement may be executed by the Parties in one or more counterparts, each of which will be considered one and the same agreement. This Agreement may be delivered by facsimile, email, or other functionally equivalent electronic means of transmission. [signature page follows]
11-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
MSSA #: 00058482
Master Security Services Agreement
City of Palmdale – May 28, 2025 Page 12 of 12 (2023-11) IN WITNESS WHEREOF, each of the Parties hereto has caused this Order Form to be executed and delivered by its duly authorized representative as of the Effective Date. eSentire, Inc.
\s3\
Signature
\n3\
Full Name
\t3\
Title
\d3\
Date
Approved by eSentire Legal
\i2\ \d2\
Initials and Date
City of Palmdale City of Palmdale
\s3\
\s1\
Signature
Salvador Mendez\n3\
Signature
Janelle Samson
Full Name
City Manager Pro Tem
Full Name
Director of Operations\t1\
Title
d3\
Title
\d1\
Date Date
City of Palmdale City of Palmdale
\s3\
\s1\
Signature
Alexandra Halfman
Signature
Roxanne Faber\n1\
Full Name
Acting City Attorney\t3\
Full Name
City Clerk\
Title
\d3\
Title
\d1\
Date Date
12-12Concord - Document ID: 0303BVIh7rMfwSNnqtrzMA
Record of Signing
Signed with https://www.concord.app/
For
Name
Title
Signed on 2025-05-29 17:17:59 GMT
Secured by Concord™
DocumentID: 0303BVIh7rMfwSNnqtrzMA
SigningID: 0303BVIh1oeSpKqZRs5kWr
Signing date: 5/29/2025
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2025-05-29 19:05:12 GMT
Secured by Concord™
DocumentID: 0303BVIh7rMfwSNnqtrzMA
SigningID: 0303E8QeHw6hCoDvANsu08
Signing date: 5/29/2025
IP Address: 38.29.28.2
Email: [email protected]
MSSA #: 00058482
Order Form #: 00059707
City of Palmdale Page 1 of 3
Date Generated: May 15, 2025
ORDER FORM
This “ Order Form ” is between City of Palmdale (the “ Client”) and eSentire, Inc. (“ eSentire”), each a “ Party” and together the “ Parties” and incorporates by reference and is governed by the Master Security Services Agreement #00058482 (the "MSSA") between the Parties. Capitalized terms used and not otherwise defined in this Order Form or Service Description(s) have the meaning set forth in the MSSA. The Parties have executed this Order Form on the date of the last signature (the “Effective Date”). “Day” or “Days” means calendar days, unless otherwise specified.
Client acknowledges and agrees to all terms of this Order Form, the MSSA, and the service particulars outlined herein (together, for the purposes of this Order Form, referred to as the “Agreement”).
1. TERM AND TERMINATION.
a. The term of the Services will begin 15 Days from the Effective Date (the “Service Commencement Date”) and will continue for 36 consecutive months (“Initial Term”).
b. Upon expiration of the Initial Term, the term of this Order Form will automatically renew for a period of 12 consecutive months (each a “Renewal Term”). The Initial Term and any Renewal Term are collectively referred to in this Order Form as the “Term.”
c. If Client wishes to terminate this Order Form at the end of the then -current Term, Client may do so by providing eSentire with written notice of termination at least 60 Days prior to the end of such Term. d. The date of expiration of any 12 consecutive month period beginning on the Service Commencement Date will be known as a “Contract Year.”
2. SERVICE FEES. All Fees are in USD. Client acknowledges that pricing is based on the Services specified in this Order Form and the attached schedules. Client agrees to execute additional Order Forms to document any material increase to the scope of such Services and acknowledges that additional Fees will apply to any such increases. Additionally, if applicable, Client acknowledges and agrees that additional shipping charges will apply for eSentire Equipment shipped by eSentire to a Client location outside of Canada, United States, United Kingdom or Ireland.
3. RENEWAL TERM PRICING. Upon expiry of the Initial Term, and at each subsequent Renewal Term, eSentire will be entitled to increase the price of the Services. Any such annual increase will not exceed an amount equal to 5%. If a greater increase is required, eSentire will notify Client of same at least 90 Days prior to the commencement of the Renewal Term.
4. PAYMENT TERMS. Fees are exclusive of all Taxes. eSentire will invoice Client for Fees annually in advance and payment is due on receipt.
5. TRAVEL AND RELATED EXPENSES. If, at the request and with approval of Client, eSentire personnel are assigned to provide Services at Client’s premises or another location designated by Client, Client will reimburse eSentire for reasonable travel directly attributable to the provision of such Services, in addition to the applicable Fees.
6. SERVICES. eSentire will provide the following Services at the Fees set forth below:
6.1 MANAGED DETECTION AND RESPONSE (“MDR”) SERVICES. Client acknowledges and agrees to the MDR Service details and applicable Service Descriptions for the Services ordered pursuant to this Order Form found at:
https://www.esentire.com/legal/documents?Service=MDR (“MDR Link”). MDR Services ordered and associated Fees are listed below:
a. Endpoint Services – CrowdStrike as described in the MDR Link above, and further detailed below.
Description Quantity Annual Fees
Prevent, Detect & Respond with Overwatch - MSSP 600 Endpoints Total Annual Fees $44,302.50
MSSA #: 00058482
Order Form #: 00059707
City of Palmdale Page 2 of 3
Date Generated: May 15, 2025
b. Network Services as described in the MDR Link above, and further detailed below.
Description Quantity Annual Fees
Network Services 30 Users
Network Services- 201 Series Sensor 3 Units
Total Annual Fees $23,650.20
c. Log Services – Sumo Logic as described in the MDR Link above, and further detailed below.
Description Hosting Location Quantity Annual Fees*
Daily Ingestion Rate (Log Standard)
Daily Ingestion Rate (Log Essentials)
North America
North America
5 GB/Day1
5 GB/Day1
$13,650.00
$ 5,330.00
Total Annual Fees $18,980.00
1Should Client’s ingestion usage as a daily average exceed 10% of the daily ingestion quota (measured on an average over one calendar month), notwithstanding any security event (the “Overage”), then Client will either (i) take steps to reduce its usage within 30 Days of such Overage, or (ii) move to the next ingestion level as set out in the below tables to accommodate its usage for the remainder of the Term. *Table 1: Additional Storage Fees for Log Standard
Daily Ingestion rate (GB/day) Annual Fees
7 $18,330.00
9 $21,775.00
12 $26,650.00
15 $31,655.00
20 $38,480.00
*Table 2: Additional Storage Fees for Log Essentials
Daily Ingestion rate (GB/day) Annual Fees
7 $6,890.00
9 $7,995.00
12 $9,555.00
15 $11,050.00
20 $13,260.00
6.2 MANAGED RISK SERVICES (“MRS”). Client acknowledges and agrees to the MRS details and applicable Service Description for the Service ordered pursuant to this Order Form found at:
https://www.esentire.com/legal/documents?Service=MRS (“MRS Link”). MRS ordered and associated Fees are listed below:
a. Managed Vulnerability Service – Managed Only as described in the MRS Link above, and further detailed below.
Description Quantity Annual Fees
Managed Vulnerability Service - per scanned asset - Managed Only 150 IPs Total Annual Fees $7,962.50
b. Technical Testing – External Vulnerability Scan and Penetration Test as described in the MRS Link above, and further detailed below.
Description Quantity Annual Fees
Technical Testing - External Vulnerability Scan and Penetration Test 50 IP Total Annual Fees $9,975.00
c. Dark Web Monitoring – Advanced as described in the MRS Link above, and further detailed below.
Description Quantity Annual Fees
Dark Web Monitoring - Advanced 1,000 Knowledge Workers
Total Annual Fees $14,040.00
City Council Staff Report
DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICT: ALL
SUBJECT: REVIEW AND APPROVE PERMIT ISSUANCE FOR 36 NON-PROFIT
ORGANIZATIONS FOR FIREWORKS STANDS , INCLUDING THEIR
PROPOSED LOCATIONS
RECOMMENDATION
Staff recommend that the City Council:
1. Review and approve permit issuance for 36 non-profit organizations for firework stands, including their proposed locations; and,
2. Authorize the City Manager Pro Tem or his designee to issue 36 firework stand permits for non -profit organizations, including minimal and/or non -substantial changes.
BACKGROUND
Each year, th e City administers the application process for the sale of Safe and Sane Fireworks. Fireworks sales will occur from 12 pm on June 28, 2025, to 12 pm on July 5, 2025. According to Palmdale Municipal Code (PMC) Section 8.04.490 (Fireworks — Permit— Eligible organizations), all proposed fireworks stands must be operated by non- profit organizations for fundraising purposes. To be eligible, each organization must meet the following criteria:
Be a non -profit organization primarily for youth, veterans, patriotic, welfare, civic betterment, or charitable purposes;
Have its principal meeting place in the City, or draw more than 50 percent of its active members from within the incorporated City;
Have been organized and established in the area that is within the City for at least 12 months preceding the filing; and,
Have at least 20 members.
Report to Mayor and City Council
Re: Approval of 36 Fireworks Stand Permits for Non-profit Organizations June 3, 2025
As specified within PMC Section 17.98.020.E.1.a (Temporary Uses), fireworks stands are allowed in any zone provided that the site is:
Not residentially developed;
200 feet from any residential use; and,
Not located in a very high fire hazard severity zone.
In 2024, 37 out of the maximum allowed 55 permitted fireworks stands were in operation.
In an effort to boost participation from local organizations, the City Council directed staff to initiate public outreach, promoting the sale of Safe and Sane Fireworks. In response, a bilingual (English/Spanish) outreach flyer was developed and distributed via email o n January 16, 2025, to 125 non -profit organizations within the area. The information was also made available on the City’s website and shared on social media as part of the broader outreach strategy.
DISCUSSION
As specified within PMC Section 8.04.500.E (Fireworks – Stand – Operation), one fireworks stand is permitted for every 3,000 residents. According to the California Department of Finance, Palmdale’s current population is estimated to be 166,055; therefore, a maximum of 55 stands may be authorized.
36 qualifying non -profit organizations have submitted applications to operate fireworks stands. Of these, 32 are returning applicants from 2024. All organizations have satisfied the eligibility criteria and met the application requirements outlined in the PMC.
The proposed operators and their stand locations are summarized in Table 1, and a map is included as Attachment 1.
TABLE 1 – PROPOSED FIREWORKS OPERATORS AND STAND LOCATIONS Organization Stand Location
1. Antelope Valley Desert Divers,
Inc.
5038 West Avenue N
2. The Palmdale Aerospace
Academy PTSO
3875 West Rancho Vista Boulevard
(Neighborhood Walmart parking lot)
3. Cornerstone Apostolic Church of
Antelope Valley
3135 West Rancho Vista Boulevard
4. Bet-El Casa De Dios 39700 30th Street West (Marie Kerr Park)
5. Palmdale Vineyard North of 41843 10th Street West
6. Crosswind Community Church 41337 10th Street West (church parking lot)
7. World Harvest Christian
Outreach
40437 10th Street West
Report to Mayor and City Council
Re: Approval of 36 Fireworks Stand Permits for Non-profit Organizations June 3, 2025
TABLE 1 – PROPOSED FIREWORKS OPERATORS AND STAND LOCATIONS (CONTINUED)
Organization Stand Location
8. Lancaster Eagles Wrestling
Boosters Inc.
40130 10th Street West (Walmart parking
lot near Sonic Drive-In)
9. Palmdale Elks Lodge #2027 39940 10th Street West (Sam’s Club parking lot, east of Panda Express)
10. Adorable Baby’s Jump Start 1301 West Rancho Vista Boulevard
11. Antelope Valley Youth Athletics, Inc. 1123 West Rancho Vista Boulevard (10th Street West entrance)
12. American Indian Little League 39626 10th Street West (south of Applebee’s)
13. Water of Life of Antelope Valley, Inc. 39522 10th Street West (parking lot south of Sharky’s Woodfired Mexican Grill)
14. St. Stephen’s of the Valley Lutheran
Church
38727 Tierra Subida Avenue (Albertson’s
parking lot)
15. Palmdale American Legion Post
NO. 348
856 West Palmdale Boulevard
16. Great Commission Community
Solutions, Inc.
Vacant lot on the west side of Sierra
Highway, south of Rancho Vista
Boulevard
17. The Highland Gridiron Booster Club 266 East Palmdale Boulevard
18. Kingdom Builders 440 East Palmdale Boulevard (parking lot between Vallarta and Chevron)
19. Kiwanis Club of Palmdale 1763 East Palmdale Boulevard (parking lot east of the Starbucks)
20. R.J. Esthers Southeast corner of Palmdale Boulevard and 20th Street East
21. Lions Club of Palmdale 2049 East Palmdale Boulevard
22. U.S. Naval Sea Cadets Corps
RADM Charles W Parks Battalion
2520 East Palmdale Boulevard
23. Love and Grace Christian
Fellowship Church, Inc.
3005 East Palmdale Boulevard
24. Next Dimension Ministries Church Southeast corner of Sierra Highway and Avenue S
25. Victory Outreach 37419 25th Street East
26. Community Development Center
USA
2419 East Avenue S
27. The Highland High School
Instrumental Music Booster Club
2535 East Avenue S (Stater Bros parking
lot)
28. Help for Heroes 37951 47th Street East
29. True Memories Car Club Charities
Inc.
37950 47th Street East
Report to Mayor and City Council
Re: Approval of 36 Fireworks Stand Permits for Non-profit Organizations June 3, 2025
TABLE 1 – PROPOSED FIREWORKS OPERATORS AND STAND LOCATIONS (CONTINUED)
Organization Stand Location
30. DDE Academy, Inc. 37716 55th Street East (Domenic Massari Park)
31. Littlerock High School Band
Boosters Club
4644 East Avenue S (southwest corner of
Avenue S and 47th Street East)
32. Marine Corps League, Antelope
Valley Detachment 930
37218 47th Street East (Stater Bros parking
lot)
33. Palmdale Repertory Theatre 37140 47th Street East (Walmart parking lot)
34. Knight High School Wrestling
Team Booster Club
5100 East Avenue S (Yellen Park)
35. St. Mary’s Catholic Church 4343 Pearblossom Highway
36. LACOSEPA 5645 East Avenue T (vacant lot)
FISCAL IMPACT
$35,408; The total projected revenue to the City’s General Fund is $35,408. This includes contributions from 32 renewing organizations at $979.25 each and four new organizations at $1,018 each. Each organization’s fee includes a $558.75 allocation dedicated to fireworks enforcement.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work, and play.
D. Develop and maintain diverse programs and events that inspire growth, pride, and lifelong learning.
Prepared by: Megan Taggart, Director of Economic and
Community Development
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney
ATTACHMENTS
Map Fireworks Stand Location 2025
110TH STREET EAST
100TH STREET EAST
90TH STREET EAST
80TH STREET EAST
70TH STREET EAST
60TH STREET EAST
50TH STREET EAST
40TH STREET EAST
20TH STREET EAST
30TH STREET EAST AVENUE L
COLUMBIA WAY / AVENUE M
AVENUE N
AVENUE O
AVENUE P
AVENUE Q
PALMDALE BLVD
AVENUE S
AVENUE TPEARBLOSSOM HIGHWAY
70TH STREET WEST
60TH STREET WEST
50TH STREET WEST
30TH STREET WEST
AVENUE P
SIERRA HIGHWAY
DIVISION STREET
10TH STREET WEST
20TH STREET WEST
AVENUE N
AVENUE O
AVENUE R
CALIFORNIA
80TH STREET WEST
90TH STREET WEST
10TH STREET EAST
40TH STREET WEST
AVENUE M
AQUEDUCT
AMARGOSA
CREEK
BARREL SPRINGS
RD 47TH ST EAST
25TH STREET EAST
·|}þ
AVENUE S
35TH STREET EAST
AVENUE Q
AVENUE R
RANCHO
VISTA
BLVD
14 ·|}þ138
·|}þ138
))
))
))
))
))
))
))
)))))) )) ))
))
))
))
))
)))))) )))) ))))
))))
))
))
)) ))))
)) )) ))))
))
))
30 19
2 8
9 33
25 10
12 1
11 4
6 16
23 27
18 32
15 21
35 36
26 31
17 13
28 34
22 24
5 14
7 3
20 29
LACO
LA
CO
LACO
LA
CO
LACO
DISCLAIMER: CONFIDENTIALITY NOTICE.
THE CITY OF PALMDALE ASSUMES NO LIABILITY FOR DAMAGES THAT
MAY ARISE FROM THE USE OF INFORMATION RETRIEVED FROM THIS MAP. THE MAP AND ASSOCIATED DATA ARE PROVIDED WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT- ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PUBLIC
SHOULD NOT MAKE BUSINESS OR PERSONAL DECISIONS BASED ON
THE MAP BEFORE VALIDATING DATA WITH THE CITY OF PALMDALE OR OTHER LOCAL, COUNTY, STATE OR FEDERAL AGENCIES.
THE CITY OF PALMDALE HAS MADE EVERY EFFORT TO ENSURE THAT THIS MAP IS CORRECT; NEVERTHELESS, SOME INFORMATION MAY NOT BE ENTIRELY ACCURATE.
Data Source: Copyright 2025. All rights reserved. The City of Palmdale owns and licenses geographic data from a variety of sources. The information contained herein is the proprietary property of the following owners supplied under license and may not be reproduced except as licensed by those owners:
City of Palmdale, Los Angeles County Assessor's Office, Environmental Systems Research Institute (ESRI) Data & Maps, United States Geological Survey (USGS), California Department of Forestry and Fire Protection (FRAP) & Tele Atlas (courtesy of the Southern California Association of Governments (SCAG)). 0 1 2 3 40.5
Miles
LACO: Unincorporated LA County Pocket
City of Palmdale )) Fireworks Stand Location
µ
City of Palmdale
Safe & Sane Fireworks Stands
2025
Organization Stand Location
1 ANTELOPE VALLEY DESERT DIVERS INC. 5038 W AVENUE N
2 THE PALMDALE AEROSPACE
ACADEMY PTSO 3875 W RANCHO VISTA BLVD
3 CORNERSTONE APOSTOLIC
CHURCHOF ANTELOPE VALLEY 3135 W RANCHO VISTA BLVD
4 BET-EL CASA DE DIOS 39700 30TH ST W MARIE KERR PARK
5 PALMDALE VINEYARD NORTH OF 41843 10TH ST W
6 CROSSWIND COMMUNITY CHURCH 41337 10TH ST W
7 WORLD HARVEST CHRISTIAN OUTREACH 40437 10TH ST W
8 LANCASTER EAGLES WRESTLING
BOOSTERS INC. 40130 10TH ST W
9 PALMDALE ELKS LODGE #2027 39940 10TH ST W
10 ADORABLE BABY'S JUMP START 1301 W RANCHO VISTA BLVD
11 ANTELOPE VALLEY YOUTH
ATHLETICS INC. 1123 W RANCHO VISTA BLVD
12 AMERICAN INDIAN LITTLE LEAGUE 39626 10TH ST W
13 WATER OF LIFE OF ANTELOPE VALLEY INC. 39522 10TH ST W 14 ST. STEPHENS OF THE VALLEY LUTHERAN
CHURCH 38727 TIERRA SUBIDA AVE
15 PALMDALE AMERICAN LEGION
POST NO. 348 856 W PALMDALE BLVD
16 GREAT COMMISSION COMMUNITY
SOLUTIONS, INC.
VACANT LOT ON THE WEST OF SIERRA
HIGHWAY, SOUTH OF RANCHO VISTA BLVD
17 THE HIGHLAND GRIDIRON BOOSTER CLUB 266 E PALMDALE BLVD 18 KINGDOM BUILDERS 440 E PALMDALE BLVD
19 KIWANIS CLUB OF PALMDALE 1763 E PALMDALE BLVD
20 R.J. ESTHERS SOUTHEAST CORNER OF PALMDALE BLVD.
AND 20TH STREET EAST
21 LIONS CLUB OF PALMDALE INC. 2049 E PALMDALE BLVD
22 U.S. NAVAL SEA CADETS CORPS RADM
CHARLES W PARKS BATTALION 2520 E PALMDALE BLVD
23 LOVE AND GRACE CHRISTIAN
FELLOWSHIP CHURCH, INC. 3005 E PALMDALE BLVD
24 NEXT DIMENSION MINISTRIES CHURCH SOUTHEAST CORNER OF SIERRA HIGHWAY
AND AVENUE S
25 VICTORY OUTREACH 37419 25TH ST E
26 COMMUNITY DEVELOPMENT CENTER USA 2419 E AVENUE S
27 THE HIGHLAND HIGH SCHOOL
INSTRUMENTAL MUSIC BOOSTER CLUB 2535 E AVENUE S
28 HELP FOR HEROES 37951 47TH ST E
29 TRUE MEMORIRES CAR CLUB
CHARITIES INC. 37950 47TH ST E
30 DDE ACADEMY INC 37716 55TH ST E DOMENIC MASSARI PARK 31 LITTLEROCK HS BAND BOOSTERS 4644 E AVENUE S
32 MARINE CORPS LEAGUE 37218 47TH ST E
33 PALMDALE REPERTORY THEATRE 37140 47TH ST E
34 KNIGHT HIGH SCHOOL WRESTLING
TEAM BOOSTER CLUB
5100 E AVENUE S
YELLEN PARK
35 ST MARY'S CATHOLIC CHURCH 4343 PEARBLOSSOM HWY
36 LACOSEPA 5645 E AVENUE T
Fireworks Stand Location Map 2025
City Council Staff Report
DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: ALL
SUBJECT: AWARD AGREEMENT WITH WHITEWATER WEST INDUSTRIES , LTD., FOR CONSTRUCTION SERVICES FOR PN 924, DRYTOWN
WATER PARK THRILL RIDE ATTRACTION PROJECT FOR A
TOTAL NOT TO EXCEED AMOUNT OF $1,544,955 FOR A
COMPLETION DATE NO LATER THAN APRIL 15, 2026
RECOMMENDATION
Staff recommend that the City Council:
1. Approve Construction Agreement No. A -9344 with WhiteWater West Industries , Ltd., (WhiteWater) for PN 924, DryTown Water Park Thrill Ride Attraction Project for a total not to exceed amount of $1,544,955, which includes a contract amount of $1,404,477, plus a 10% contingency amount of $140,478 for a completion date no later than April 15, 2026;
2. Authorize the City Manager Pro Tem or his designee to execute Agreement No.
A-9344 with WhiteWater, including minimal and/or non-substantial changes;
3. Appropriate $1,544,955 from General Fund unappropriated fund balance to establish funding for this project; and,
4. Authorize the City Manager Pro Tem to approve Contract Change Orders (CCO) for additional or changed scope of work up to the 10% contingency amount approved by the Council.
BACKGROUND
DryTown Water Park was constructed and opened in 2006. Since the original construction date, one new attraction was installed, a four -lane mat racer slide, in 201 2. A common amusement park’s best practice to maintain park interest is to install a new attraction at an achievable pace. A future park planning assessment was completed by Councilman Report to Mayor and City Council
Re: Award of PN 924, Agreement No. A-9344 with WhiteWater West Industries, Ltd.
June 3, 2025
Hunsaker, an aquatic design, planning , and operations firm , in 2017. The assessment indicated that an amusement park attraction geared toward thrill seekers is lacking to round out the guest park experience. A drop slide is an ideal solution, as it fits within the existing park footprint, thereby requiring fewer infrastructure upgrades.
DISCUSSION
Per PMC 3.08.140 (C) , a sole source justification was authorized to specify that new DryTown Water Park attr actions are to be purchased from existing park manufacturers.
In January 2025, a request for proposal was issued to WhiteWater and ProSlide Technology Inc. Both water park attraction manufacturers are industry leaders and have previously installed attractions at DryTown Water Park.
Upon reviewing both proposals, WhiteWater was selected because it offered a more affordable attraction with a greater variety of slides. As a global leader in water park design and manufacturing, WhiteWater has completed over 5,000 projects in the past 40 years. The company provides innovative, sustainable, and cost -effective solutions supported by patented technologies and expert service.
The WhiteWater proposal includes a 35-foot-tall tower with three rides: Pool Sider, AquaTube, and Freefall. The attraction offers an exciting mix of thrills and family-friendly fun. The Pool Sider provides a gentle yet exciting ride, the versatile AquaTube is a fully enclosed tube with many twists and turns, and the Freefall delivers a heart-pounding drop.
WhiteWater’s proposed timeline allows the new attraction to open for the 2026 DryTown Water Park season. Approving the contract now will ensure timely fabrication and keep the project on schedule. The proposal includes the design, manufacturing, and installation of the slide tower and three slides. A separate project team will be hired for general site work and slide mechanical systems through a formal request for proposal (RFP) process.
FISCAL IMPACT
$1,544,955; Funds are to be appropriated from General Fund unappropriated fund balance.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Leonardo Torres, P.E.
Director of Public Works
Report to Mayor and City Council
Re: Award of PN 924, Agreement No. A-9344 with WhiteWater West Industries, Ltd.
June 3, 2025
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney
ATTACHMENTS
Agrmt No. A-9344 with WhiteWater West Industries, Ltd.
Project Map and Slide Rendering
Exh A Contractor’s Scope of Work
Exh B Contractor’s Project Schedule
Attch C Project Map and Slide Rendering
AGREEMENT NO. A- 9344CONSTRUCTION CONTRACTBETWEEN THE CITY OF PALMDALE AND WHITEWATER WEST INDUSTRIES, LTD (WHITEWATER) THIS CONTRACT (“Contract”) is made and entered into by and between City of Palmdale, a public entity ("City"), and WHITEWATER WEST INDUSTRIES, LTD (WHITEWATER), a Limited Company ("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 WorkContractor 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:PN 924 DryTown Water Park Thrill Ride Attraction ProjectThis project in general consists of, but is not limited to, the preparation of preliminary and final design of a 35-foot-tall tower with three slides, furnishing equipment, delivery of equipment, erection of all structural steel, installation of WhiteWater supplied equipment, testing and certification of equipment, providing WhiteWater on-site representative, and commissioning. CONTRACTOR's detailed scope of work attached as Exhibit "A".CONTRACTOR's Project Schedule attached as Exhibit "B".2 Standard SpecificationsProject shall comply with applicable City, County, and State Standards regulations.3 CompensationCity shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of ONE MILLION, FOUR HUNDRED AND FOUR THOUSAND, FOUR HUNDRED AND SEVENTY-SEVEN Dollars ($1404477.00) 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 actual work performed. Corporate Income Tax, Tariffs, and Customs DutiesThe purchase price is inclusive of any corporate income tax tariffs and customs duties as such were applied before February 2025. However, if customs duties are increased or additional tariffs are imposed and applied after February 1, 2025 on a) the foreign materials that are incorporated into the work or b) the products subject of this agreement, then such an amount will be in addition to the current purchase price and payable immediately by the City upon receipt of WhiteWater's notice and documentation of such increase. 4 Fee Schedule Deposit Payment (Upon Notice to Proceed)10%Factory Booking (to reserve capacity in manufacturing schedule)15%Materials Order (to start procurement including deposit on major purchase orders)15%Manufacturing (four weeks after start of procurement)15%Manufacturing Complete (materials ready for inspection if any)15%Shipping Initiation (prior to and as a condition of loading materials on board for shipping)10%Shipping Completion(upon receipt of materials at destination)10%Pre-Installation(upon mobilization of our personnel on site)5%Final Payment(upon issuance of Certificate of Substantial Completion)5% 5 Completion Date 5.1 The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed to the satisfaction of the City no later than April 15, 2026. 5.2 Delays by Contractor:If the project is delayed as a result of Contractor not meeting a scheduled milestone, then the project schedule will be adjusted accordingly. When Contractor is the sole cause of the delay to the commissioning and substantial completion and delay is not caused by an event of Force Majeure or by the City's failure to make payments in accordance with the Contract or to provide required information to Contractor when contemplated in the Contract, City shall be entitled to liquidated damages in the sum at the daily rate of $1,000.00, beginning at zero (0) days from written notice given by City up to a maximum liquidated damage aggregate of ten percent (10%) of the contract price of the equipment delayed. 6 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 projected annual recurring services price for each year of the term of the contract. 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. 7 Licenses At all times during the term of this Contract, Contractor shall possess a valid and current Class B-General Building Contractor's License or Specialty Contractor License consisting of Class N/A licensee to perform the required work (“Work”). Contractor’s DIR registration number is 2000009323. Contractor hereby certifies that it holds the required license(s). CONTRACTOR shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract. 8 Subcontracting 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. 9 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. 10 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. 11 Indemnification To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and the General Contractor and agents and employees of any of them, with the exclusion of any service providers like architects or project engineers, from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.Indemnitee shall notify Indemnitor of any claim or lawsuit that Indemnitee will assert Indemnitor might be obligated to defend under this Section within fifteen (15) days of Indemnitee’s receipt of notice of said claim or lawsuit. In addition to the forgoing, Indemnitee will use reasonable efforts to notify Indemnitor within fifteen (15) days of obtaining facts which suggest that Indemnitor may be obligated to defend and indemnify the Indemnitee in accordance with this provision. Failure to provide such notice in the preceding sentence shall not void the indemnity provision unless Indemnitor can prove that Indemnitee’s failure to so notify Indemnitor materially impaired Indemnitor’s ability to defend any claim arising from such facts. 12 Insurance12.1 Without limiting Contractor's indemnification of City, as described in paragraph 11, 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.12.1.1 Commercial General Liability (including limited sudden and accidental pollution liability coverage as afforded through this policy) $10,000,000.00 limit on a per occurrence basis $10,000,000.00 general aggregate limit 12.1.2 Commercial Automobile Liability $10,000,000.00 combined single limit including owned (if any), non-owned and hired automobile coverage 12.1.3 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 12.1.4 Professional Liability (Errors & Omissions)* $5,000,000.00 limit on a per occurrence basis $5,000,000.00 general aggregate limit
12.2 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. 12.3 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. 12.4 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.12.5 The required policies of insurance shall be endorsed to waive all rights of subrogation. Contractors waives all rights of subrogation.12.6 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 and/or professional 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.
12.7 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.12.8 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. 12.9 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. 12.10 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. Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 12 will not be impacted and/or limited by such deviation.13 State Labor Code13.1 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. 13.2 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.13.3 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. 13.4 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. 13.5 Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 13.6 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. 13.7 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. 13.8 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.
13.9 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 1813.14 Antitrust ClaimsIn 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 the time the City tenders final payment to Contractor without further acknowledgment by the parties.15 Trenching and ExcavationsPursuant 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:15.1 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/or15.2 Subsurface or latent physical conditions at the site differing from those indicated; and/or 15.3 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. 15.4 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. 16 Third Party ClaimsPursuant 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-CollusionContractor 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 InterestContractor 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 AuditThe 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 SecurityPursuant 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 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 ResolutionIn 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 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 Opportunity22.1 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.23 IntegrationThis contract includes Exhibit A which is made part of this contract by reference or as an attachment or annex, 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 Debarment and Suspension CertificationTitle 2, Code of Federal Regulations, Part §180.300The bidder, under penalty of perjury, certifies that, except as noted in a separate document, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, or manager:is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.25 Governing LawThis 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.26 Successors and AssignsThe terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.27 ExhibitsThe 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. 28 Authority to SignThe 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. 29 Time is of the EssenceTime is of the essence in every provision of this Agreement in which time to perform is a factor. 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 WHITEWATER WEST INDUSTRIES, LTD (WHITEWATER) Salvador Mendez DateCity Manager Pro Tem
Luc Benac DateDirector, Legal & Risk Management ADDRESS FOR NOTICE:CITY OF PALMDALE38250 Sierra HighwayPalmdale, CA 93550 ADDRESS FOR NOTICE:WHITEWATER WEST INDUSTRIES, LTD (WHITEWATER)180-6651 Fraserwood PlaceRichmond British Columbia, V6W 1J3APPROVE AS TO FORM:
Alexandra HalfmanActing City Attorney ATTEST:
Roxanne FaberCity ClerkATTEST: If Corporation N/ASecretary [Signatures of contractor on bond(s) must be notarized. Obtain two corporate signatures if contractor is a corporation.] ---------------------------------------- INTERNAL USE ONLY ---------------------------------------- and Endorsement(s) attached business name on contract with certificate(s) notarized bond(s), Worker's Compensation Certificate, and Guaranty Agreement Checklist and met all requirements CFR 200 Checklist (if federally funded)
REVISION: 2
FILENAME: 49506 CI.DOCXFORM: CPFO105_V2PAGE: 1 OF 1 DATE MODIFIED: 20250515 CRITICAL START UP INFORMATION* (ENGINEERING PREREQUISITE CHECKLIST) PROJECT NUMBER:PROJECT NAME:PROJECT LOCATION:BELOW INFOREQUIRED BY:YYYYMMDD49506DryTown Water ParkPalmdale, CA20250625 The purpose of this document is to confirm the information required to start engineering for a given project is available and inthe possession of WhiteWater. Project schedules and other documents are to be confirmed separately. 1. GENERAL REQUIREMENTS (all projects)ItemRequirementa. Clearly Defined Scope (some examples of information needed are in bullet point below) Clientapproved Statement of Work (what we are contractually obligated to provide/supply) Final client approved SK drawings Defined project design code(s) Defined 3rd party review (if a review is required, who will conductit and to what standard) Defined product interfaces (underground utilities to avoid/slide penetrating wall of building/deck of a cruiseship) Client specific design requirements Customization requested by clientb. CAD site layout with the following: Defined elevations Site coordinate system Site Boundaries and limiting envelopes Utilities and easements needing to be taken into accountc. Geotechnical Report (soils report)d. Climatic report (seismic/wind/climate)e. Approved theming designf.Identify and define SOW of all limited release products Exhibit C, Project Map and Slide Rendering
Agrmt. No. A-9344 with WhiteWater
City Council Staff Report
DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 1, 2
SUBJECT: ADOPT RESOLUTION NO. CC 2025-027, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE DECLARING ITS
INTENTION TO CONTINUE ASSESSMENTS FOR FISCAL YEAR
2025-26, PRELIMINARILY APPROVING THE ANNUAL ENGINEER’S
REPORT, AND PROVIDING NOTICE OF PUBLIC HEARING FOR
THE CITY OF PALMDALE DRAINAGE BENEFIT ASSESSMENT
DISTRICTS NO. 1 AND NO. 2006-02
RECOMMENDATION
Staff recommend that the City Council:
1. Adopt Resolution No. CC 2025-027, a Resolution of the City Council of the City of Palmdale, declaring its intention to continue assessments for Fiscal Year 2025-26;
2. Preliminarily approve the annual Engineer’s Report;
3. Authorize the Mayor to execute Resolution No. CC 2025-027, declaring its intention to continue assessments for the Fiscal Year 2025-26; and,
4. Provide notice of public hearing for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02.
BACKGROUND
The Anaverde, and Ritter Ranch developments required the formation of a Drainage Benefit Assessment District (DBAD) as a condition of approval to provide the funds to maintain the necessary drainage facilities. As a result, the formation of Anaverde DBAD No. 1 was approved by the property owners on May 12, 2004 , and the Ritter Ranch DBAD No. 2006 -02 was approved by the property owners on January 3, 2007, respectively, pursuant to mailed ballot elections conducted in accordance with Article XIIID of the California Constitution.
Report to Mayor and City Council
Re: Adopt Resolution No. CC 2025-027
June 3, 2025
The purpose of the DBAD is to fund the installation, construction, or maintenance of any authorized improvements under the Benefit Assessment Act of 1982 (California Government Code Section 54703 et seq.), including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
DISCUSSION
On April 15, 2025, the City Council took the first step to continue assessing the levies for Fiscal Year 2025-26 by adopting Resolution No. CC 202 5-025, which directed N BS, as the Engineer of Work, to prepare the annual Engineer’s Report for DBAD No. 1 and No. 2006-02 for Fiscal Year 2025-26.
Resolution No. CC 2025-027 is the second step in the process. It provides the intention to continue the assessments for Fiscal Year 2025-26, preliminarily approves the annual Engineer’s Report prepared by NBS, and establishes the date, time, and place of a public hearing to receive testimony regarding the continued assessments to be placed on LA County tax rolls.
The third and final step will be the public hearing set for July 1, 202 5, to obtain the final approval of the annual Engineer’s Report and the ordering of the levies for Fiscal Year 2025-26.
The annual Engineer’s Report contains information required by th e Benefit Assessment Act of 1982 and Article XIIIC and XIIID of the California Constitution (Proposition 218) determining the special benefit to property owners within DBAD No. 1 and No. 2006-02, identifying the methodology for assigning assessments to each parcel and estimating the cost for improvements . The annual Engineer’s Report establishes the important foundation and justification for the continued collection of the assessments for Fiscal Year 2025-26.
FISCAL IMPACT
$131,400; Based on the annual CPI increase of 3.11%, the total proposed assessments for both Districts are approximately $131,400. The annual Engineer’s Report indicates the proposed assessments for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02 and is included as an attachment.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Report to Mayor and City Council
Re: Adopt Resolution No. CC 2025-027
June 3, 2025
B. Establish healthy reserves for ongoing replacement and repair of capital assets while stabilizing annual spending.
Prepared by: Leonardo Torres P.E.,
Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney
ATTACHMENTS
Reso. No. CC 2025-027
Rpt Fiscal Year 2025-26 Engineer’s Report: Drainage Benefit Assessment Districts
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
DECLARING ITS INTENTION TO CONTINUE ASSESSMENTS FOR
FISCAL YEAR 2025-26, PRELIMINARILY APPROVING THE ANNUAL ENGINEER’S REPORT, AND PROVIDING NOTICE OF PUBLIC HEARING FOR THE DRAINAGE BENEFIT ASSESSMENT DISTRICTS NO. 1 AND NO. 2006-02
WHEREAS, the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02 (the “Districts”) were approved by property owners pursuant to mailed ballot elections conducted in accordance with Article XIIID of the California Constitution, and the Benefit Assessment Act of 1982 (the “Act”), being Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (commencing with Section 54703 thereof); and
WHEREAS, NBS has been designated as the Engineer of Work for purposes of these proceedings (the “Engineer of Work”) and ordered to prepare an Engineer’s Report in accordance with Act and Article XIIID of the California Constitution; and WHEREAS, the Engineer of Work has filed an Engineer’s Report (the “Report”) with the City Clerk, copies of which have been submitted to this City Council, which Report contains the following: (a) a calculation of the portion of the improvements to be provided by the Districts that constitute a special benefit to the parcels in the Districts; (b) a methodology for assigning assessments to individual parcels; (c) a listing of each lot or parcel of property that would be subject to the proposed assessment, including public parcels; (d) the estimate of cost for the improvements; and (e) the amount of the proposed assessment for each lot or parcel for the Fiscal Year 2025-26.
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. This City Council intends to continue to levy and collect assessments within the Districts for Fiscal Year 2025-26.
SECTION 3. The Report, in the form on file with the City Clerk, is hereby received, filed, and preliminarily approved.
Resolution No. CC 2025-027
SECTION 4. The proposed improvements to be made in the Districts may be described as follows: the installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
SECTION 5. The general location and boundaries of the existing Districts are shown on maps on file in the office of the Director of Public Works, are incorporated herein by reference, and are open to public inspection. The Districts are designated as follows:
Drainage Benefit Assessment District No. 1 and Drainage Benefit Assessment District No. 2006-02.
SECTION 6. Reference is hereby made to the Report for a full and detailed description of the improvements, the boundaries of the Districts, and the assessments upon assessable lots and parcels of land within the Districts.
SECTION 7. The assessments are subject to an annual adjustment tied to the annual change in the Consumer Price Index for the Los Angeles Area as of February of each succeeding year (“CPI”). The change in the CPI from February 2024 to February 2025 was 3.11%. Therefore, the maximum authorized assessment rates for Fiscal Year 2025-26 are the previous year’s maximum authorized assessment rate for each District increased by 3.11%. The amount of the assessments proposed does not exceed the authorized amount.
SECTION 8. A public hearing regarding the proposed assessments for the Districts shall be held by the City Council on July 1, 2025, at 5:00 p.m. or as soon thereafter as the matter may be heard in the City Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, California.
SECTION 9. The City Clerk is hereby authorized and directed to cause a notice of the hearing for the continuation of the assessments for the Districts to be given by publishing a notice once, at least fourteen (14) days before the date of the hearing above specified, in a newspaper circulated in the Districts.
SECTION 10. This Resolution shall take effect immediately upon its adoption.
Resolution No. CC 2025-027
SECTION 11. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 3rd day of June, 2025. _________________________________
Richard J. Loa, Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ _________________________________ Alexandra Halfman, Rochelle Scott, City Clerk
Acting City Attorney
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 3 rd day of June, 2025 by the following roll call vote:
AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT:___________________________ Date: ______________________________ _____________________________ Rochelle Scott, City Clerk
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2025/26 Engineer’s Report For:
Drainage Benefit Assessment Districts
May 2025
TABLE OF CONTENTS
1. Engineer’s Letter ............................................................................................................. 1
2. Introduction ................................................................................................................... 2 Background .............................................................................................................. 2 Process for Annual Assessment .............................................................................. 2 Legislative Context .................................................................................................. 3
3. Plans and Specifications .................................................................................................. 6
4. Estimate of Costs ............................................................................................................ 7
5. Method of Apportionment.............................................................................................. 9 Special Benefit ......................................................................................................... 9 General Versus Special Benefit ............................................................................. 10 Quantification General Benefit ............................................................................. 10 Method of Assessment.......................................................................................... 11 Cost of Living Inflator ............................................................................................ 12 Fiscal Year 2025/26 Maximum Assessment .......................................................... 13 Duration of Assessment ........................................................................................ 13 Appeals and Public Hearing ................................................................................... 13
6. Assessment Diagram ..................................................................................................... 14
7. Assessment Roll ............................................................................................................ 15
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 1
1. ENGINEER’S LETTER
WHEREAS, the City Council of the City of Palmdale (the “City”), State of California, under the Benefit Assessment Act of 1982 (the “Act”), directed NBS to prepare and file the Annual Engineer’s Report for the Drainage Benefit Assessment District No. 1 and No. 2006-02 (the “Districts”) for Fiscal Year 2025/26, in accordance with Article 4 of Chapter 6.4 of the Act and Article XIII D of the California Constitution. The report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the administration, maintenance, operations and servicing of the improvements for Fiscal Year 2025/26, the diagram for the Districts, showing the area and properties to be assessed, and assessing the net amount upon the assessable lots and/or parcels within the Districts in proportion to the special benefit received.
NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the Districts in proportion to the special benefit received.
District Parcels
EDUs per
District(1)
FY 2025/26
Assessment
Amount
Proposed
Assessment
Rate per EDU
Maximum
Assessment
Rate Per EDU
DBAD No. 1 1,417 1,417.00 $56,793.36 $40.08 $55.18
DBAD No. 2006-02 32 6,588.85 74,585.62 11.32 58.42
Totals: 1,449 8,005.85 $131,378.98
(1) Equivalent Dwelling Unit. See “Method of Assessment” for explanation of EDU apportionment.
I, the undersigned, respectfully submit this Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed and levied in accordance with the assessment methodology adopted, approved and ordered by the City Council of the City of Palmdale at the time of each District formation.
____________________________________________
John G. Egan, P. E.
Assessment Engineer
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 2
2. INTRODUCTION
Background
The City provides maintenance and servicing of certain publicly owned stormwater detention and drainage basins throughout the City. In order to fund the maintenance of these projects and improvements, the City has formed two Drainage Benefit Assessment Districts covering an area of approximately 6,600 acres and approximately 1,470 parcels. The Districts have been formed and the levies have been made pursuant to Section 54703 et seq. of the California Government Code, commonly known as the Benefit Assessment Act of 1982, and Article XIII D of the California Constitution (the “Article XIII D”).
Drainage Benefit Assessment District No. 1 (“DBAD No. 1”) (Anaverde Master Planned Community Avenue S at Approximately 20th Street West) is located within the Anaverde Master Planned Community at Avenue S and approximately 20th Street West. Drainage Benefit Assessment District No. 2006-02 (“DBAD No. 2006-02”) (Ritter Ranch Master Planned Community, Phase I through phase V, South of Elizabeth Lake Road at Approximately 40th Street West) is located within the Ritter Ranch Master Planned Community along Elizabeth Lake Road and west of the Anaverde Community.
Drainage Benefit Districts
District
Tract/Parcel
Map Land Use General Location
DBAD No. 1 Anaverde Residential 20th Street West and Avenue S DBAD No. 2006-02 Ritter Ranch Residential/
Commercial Elizabeth Lake Road and Ranch Center Drive
The Districts were formed in previous years; DBAD No. 1 was formed in 2004 and DBAD No. 2006-02 was formed in 2007. The developments required the formation of a drainage benefit assessment district as a condition of approval in order to provide the funds to maintain the drainage facilities for the developments. As a result, the formation of the Districts was approved by the property owners (on May 12, 2004 and January 3, 2007, respectively) pursuant to mailed ballot elections conducted in accordance with the Act and Article XIII D.
Process for Annual Assessment
In each subsequent year for which the assessment will be continued, the City Council may direct an Engineer’s Report to be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Districts.
The City Council may also annually adopt a resolution of intention which:
• Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein.
• Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 3 • Refers to the assessment district by its distinctive designation and indicates the general location of the district.
• Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment.
• States whether the assessment is proposed to increase from the previous year.
If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published.
Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218.
The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
Legislative Context
In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments.
Article XIII D imposes four basic substantive requirements on assessments1:
• All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified;
• The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit.
1 California Constitution Article XIII D Section 4.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 4 Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below.
GENERAL BENEFIT
Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable.
The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011) (Golden Hills)2 clarified this concept by stating, “Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” The Court of Appeal in Beutz v. County of Riverside (2010) (Beutz)3 quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”
The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (SVTA) 4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors.
BENEFIT-BASED NOT COST-BASED
In Bonander v. Town of Tiburon (2009) (Tiburon)5, the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “Proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.”
The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.”
2 Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) 3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007)
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 5
PUBLIC PROPERTY
Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed.
The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017) (Manteca)6 clarified this issue by stating, “section 4, subdivision (a) of article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.”
IMPRECISION
The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied.”
6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017)
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 6
3. PLANS AND SPECIFICATIONS
The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the Districts defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows:
Article XIII D of the California Constitution defines "maintenance and operation expenses" as, "the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement" (hereafter referred to as the “improvements”). The Districts funding includes, but is not limited to, the removal, repair, replacement and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and operation of the drainage improvements benefiting Districts parcels.
The improvements for DBAD No. 1 consist of five drainage basins (DB) located just outside of DBAD No. 1 along the southern boundary of DBAD No. 1, DB No. 1 (0.5 acres), DB No. 2 (0.5 acres), DB No. 5 (10.0 acres), DB No. 6 (3.0 acres), and DB No. 7 (4.0 acres). There is also one drainage basin located on the northern side of the California Aqueduct, DB No. 9 (15.0 acres).
The improvements for DBAD No. 2006-02 consist of 126,658 cubic feet of drainage basin/storm water improvements which are detailed in the Ritter Ranch Specific Plan on file with the City.
Plans and Specifications for the improvements of the Districts are voluminous and are not bound in this Engineer’s Report but by this reference are incorporated and made a part of this Engineer’s Report. The Plans and Specifications are on file in the office of the Director of Public Works where they are available for public inspection.7
7 As detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 7
4. ESTIMATE OF COSTS
Fiscal Year 2025/26 estimated costs of maintenance and servicing the improvements as described in the Plans and Specifications are summarized below. The full itemized budget for the Districts is voluminous and is not bound in this Engineer’s Report but by reference is incorporated and made a part of this Engineer’s Report. The itemized budget is on file in the Department of Public Works, where it is available for public inspection. The tables below show the budget summary for each District.
Drainage Benefit Assessment District No. 1 Budget
Description
Proposed
FY 2025/26 Costs
Direct Maintenance Costs $36,300.00
Other Costs 20,493.36
Estimated Expenditures $56,793.36
Fiscal Year 2025/26 Net Amount to be Assessed $56,793.36 Total Equivalent Dwelling Units (EDUs) 1,417.00
Total Parcels 1,417
Total Cost Per EDU $40.08
Maximum Rate per EDU $55.18
Drainage Benefit Assessment District No. 2006-02 Budget Description
Proposed
FY 2025/26 Costs
Direct Maintenance Costs $54,447.50
Other Costs 20,138.12
Estimated Expenditures $74,585.62
Fiscal Year 2025/26 Net Amount to be Assessed $74,585.62 Total Equivalent Dwelling Units (EDUs) 6,588.85
Total Parcels 32
Total Cost Per EDU $11.32
Maximum Rate per EDU $58.42
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 8 The following cost descriptions apply to the budget8:
DIRECT COSTS
Maintenance Costs. Labor, Material, and Equipment - Includes all labor, material, and equipment required to properly maintain and service the drainage structures, and appurtenant facilities within the district, including the maintenance and servicing of fencing, and drainage facilities. All improvements within the district will be maintained and serviced on a regular basis. City staff will determine the frequency and specific maintenance operations required.
Utilities. Gas and Electric - The furnishing of electricity and gas required for the operation of the drainage structures, and appurtenant facilities such as pumps.
Renovation. Repairs, which are unforeseen and not normally included in the yearly maintenance cost. This may include repair of damage due to vandalism, storms, and frost. Planned upgrades of the improvements that provide a direct benefit to the district could also be included in renovation costs.
OTHER COSTS
Personnel/Overhead. The cost of City staff for providing the coordination for maintenance and servicing, responding to public concerns, and levying and collecting assessments. This includes reimbursement for time spent by Finance and Accounting, the City Attorney, the City Manager, and the Public Works staff.
Consultants. The cost of contracting with professionals to provide services specific to the levy and annual administration.
Professional Fees. These are the costs of contracting with professionals for annual certification of all irrigation back flow devices, and for professionals to provide any additional administrative or engineering services specific to the district such as the cost to prepare and mail notices of the public meeting and hearing, or preparation of assessment diagrams.
County Administration Fees. The costs charged by the County to place the assessments on the property tax rolls.
8 As detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 9
5. METHOD OF APPORTIONMENT
The following section includes an explanation of the benefits to be derived from the installation, maintenance and servicing of the improvements throughout each District, as well as a description of the assessment methodology used to apportion the total assessment to properties within each District.
Previous annual Engineer’s Reports were prepared by a different engineer of record and specific language from the prior year Engineer’s Report9 has been referenced to describe the Method of Apportionment within the following section of this report.10 The Districts consist of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this report and the parcels identified by the Assessor Parcel Numbers listed with the included levy roll. The parcel list includes all privately and publicly owned parcels with the boundaries. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the Districts over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.
Special Benefit
The improvements are expected to confer certain special benefits to parcels within each District. Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows:
Each and every parcel within the Districts receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements.
First, all of the improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the City of Palmdale required the developer to install and guarantee the maintenance of storm water control structures and appurtenant facilities to serve the parcels. Therefore, each and every parcel within the Districts could not have been developed in the absence of the installation and promised maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the nature of the improvements. The proper maintenance of storm water control and appurtenant facilities specially benefit parcels within the Districts by alleviating excess water during periods of rain. This allows individual parcels to be used to their fullest extent. All of the above- mentioned improvements contribute to a specific enhancement of each of the parcels within the Districts.
9 Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020 (“Prior Engineer’s Report”). 10 Method of Apportionment and subsections as detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 10 General Versus Special Benefit
General benefit is an overall and similar benefit to the public at large resulting from the improvements to be maintained by the assessments levied. Within the Prior Engineer’s Report, the Engineer found that while the overwhelming majority of the benefit was special, there was a small amount of general benefit.
Specific language describing the relationship and proportion of Special Benefit versus General Benefit from the Prior Engineer’s Report has been included below:
In addition to the special benefits received by the parcels within the Districts, there are incidental general benefits conferred by the improvements.
The total benefits are thus a combination of the special benefits to the parcels within the Districts and the general benefits to the public at large and to adjacent property owners. The portion of the total drainage maintenance costs, which are associated with general benefits, will not be assessed to the parcels in the Districts, but will be paid from other City Funds.
Because the drainage facilities are located immediately adjacent to properties within the Districts and are maintained solely for the benefit of the properties within the Districts, any benefit received by properties outside of the Districts is merely incidental. It is estimated that the general benefit portion of the benefit received from the improvements for the Districts are less than one (1) percent of the total benefit. Nonetheless, the City has agreed to ensure that no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property.
Quantification General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general.
General benefits cannot be funded by these assessments – the funding must come from other sources.
The maintenance and servicing of these improvements is also partially funded, directly and indirectly from other sources including the City of Palmdale, Los Angeles County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). The funding from other sources more than compensates for general benefits, if any, received by the properties within the Districts.
STEP 1 – CALCULATE GENERAL BENEFIT
The general benefits from this assessment may be quantified as illustrated in the following table.
Calculation of General Benefit(1)
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Increased safety from flood control 10 25% 2.5
Creation of individual lots for development or approval of building permits 90 0% 0
100 2.5
Total Calculated General Benefit = 2.5%
(1) Per the Prior Engineer’s Report.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 11 As a result, the City will contribute at least 2.5% of the total budget from sources other than the assessment. The following contribution offsets any general benefits from the assessment services.
STEP 2 – CALCULATE THE CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY Pursuant to the Prior Engineer’s Report, this general benefit contribution is the sum of the following components:
The City owns, maintains, rehabilitates and replaces curb and gutter along the border of the Districts’ improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.
The City owns and maintains a storm drainage system along the border of the Districts’ improvements. This system serves to prevent flooding and associated damage to the improvements and manage urban runoff including local pollutants loading from the improvements. The contribution from the City towards general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 1%.
The City owns and maintains local public streets along the border of the Districts’ improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.
The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 25%.
Therefore, the total general benefit is conservatively quantified at 2.5% which is more than offset by the total non-assessment contribution towards general benefit of 28%.
Method of Assessment
The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. (As part of the transition between assessment engineers in 2010/2011, the existing methodology was reviewed and confirmed, and fundamentally maintained with some minor updates.) The precise language from the Prior Engineer’s Report has been provided below:
The Districts assessments are based on land use so that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of the parcels expected to exist in the Districts. In the event there is a question regarding the land use designation of any parcel in the Districts the Director of Public Works will be responsible for administratively assigning one of the land uses listed below.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 12 • Residential Single family residential parcels
• Condo Condominium or town home parcels
• Non-Res Non-residential parcels
• Exempt Parcels exempt by law from the assessment, or those parcels that do not benefit from the improvements
For DBAD No.1, in a single-family residential district, all the parcels in the Districts receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements. Therefore, each parcel is assessed an equal amount.
Storm drain improvements intercept storm runoff from the properties and convey the runoff through the area in a controlled manner providing flood protection. To properly serve development in the Districts the developers were required to provide storm water retention/detention basins within their projects.
Since storm runoff is a function of area the special benefit shall be apportioned to the respective developed lots or parcels in the Districts on a gross acreage basis net of arterial and collector streets. Within a residential tract, once the improvements have been allocated based on acreage as described above, it will be apportioned further based on the number of similar lots or parcels or multi-family units such that each lot or parcel or unit is assessed an equal amount. Within non- residential developments, the improvement costs shall be apportioned based on net parcel area.
Parcels in the Districts will be assigned a weighting factor known as an equivalent dwelling unit (EDU). This method is used to relate dissimilar land uses such as non-residential and residential.
Single family residential parcels are assigned an EDU of 1.0. The total number of EDUs in a District is divided into the total balance to levy for the district. This establishes the levy per EDU (rate). The rate is then multiplied by the parcel's individual number of EDUs to establish the parcel's levy amount.
The following table shows the EDU factors for each parcel type in the Districts.
Property Type Factor Basis
Developed/Vacant Residential 1.00 Parcel
Developed/Vacant Multi-Family 1.00 Unit
Developed/Vacant Non-Residential 6.00 Acre
Cost of Living Inflator
Annually, the assessment rates for the Districts may be increased, based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles-Long Beach-Anaheim Area ("CPI”), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Assessment Engineer shall compute the percentage difference between the CPI for February of each year and the CPI for the previous February and shall then adjust the existing assessment rates by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 13 preparation of such index, the Assessment Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. 11 The annual calendar year percentage change in the CPI applicable to the Fiscal Year 2025/26 assessment is
3.11%, based on the increase of the February 2024 to February 2025 CPI of 3.11%.
Fiscal Year 2025/26 Maximum Assessment
The maximum authorized assessment rate for Fiscal Year 2025/26 is increased by 3.11% which equates to $55.18 per EDU for DBAD No. 1 and $58.42 per EDU for DBAD No. 2006-02. Each District’s budget, provided in the Estimate of Costs section of this Engineer’s Report, proposes assessments for Fiscal Year 2025/26 at the rate of $40.08 per EDU for DBAD No. 1, which is less than the maximum authorized assessment rate, and $11.32 per EDU for DBAD No. 2006-02 which is less than the maximum authorized assessment rate.
Duration of Assessment
DBAD No. 1 was formed in 2004 and DBAD No. 2006-02 was formed in 2007. It is proposed that the assessments be continued every year thereafter, so long as the drainage improvements need to be maintained and improved, and the City requires funding from the assessments for these improvements in each District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment.
Appeals and Public Hearing
Any property owner who feels that the assessment levied on the subject property is in error, as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City of Palmdale Public Works Department. Any such appeal is limited to correction of an assessment during the then current fiscal year or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City of Palmdale Public Works Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Engineer of the City of Palmdale or her or his designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Engineer or her or his designee shall be referred to the Director of Public Works of the City of Palmdale, and the decision of the Director of Public Works of the City of Palmdale shall be final.
11 As detailed in the Annual Engineer’s Report, City of Palmdale, Drainage Benefit Assessment Districts, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 14
6. ASSESSMENT DIAGRAM
The boundaries of the Districts are displayed on the following Assessment Diagram. The lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Engineer’s Report was prepared, and are incorporated by reference herein and made part of this Engineer’s Report.
City of Palmdale
Drainage Benefit Assessment Districts - Fiscal Year 2025/26 Engineer’s Report 15
7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.
A listing of assessor’s parcels subject to the assessments for Fiscal Year 2025/26, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.
The following table summarizes the Fiscal Year 2025/26 assessments for the Districts.
District Parcels
EDUs per
District
FY 2025/26
Maximum
Assessment Rate
Per EDU
FY 2025/26
Assessment
Rate Per EDU
FY 2025/26
Assessment
Amount
DBAD No. 1 1,417 1,417.00 $55.18 $40.08 $56,793.36
DBAD No. 2006-02 32 6,588.85 58.42 11.32 74,585.62
Totals: 1,449 8,005.85 $131,378.98
City Council Staff Report
DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2025-028, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE DECLARING ITS
INTENTION TO CONTINUE ASSESSMENTS FOR FISCAL YEAR
2025-26, PRELIMINARILY APPROV E THE ANNUAL ENGINEER’S
REPORTS AND PROVIDING NOTICE OF HEARING FOR THE CITY
OF PALMDALE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICTS AND ANNEXATIONS , PARK MAINTENANCE AND
RECREATION IMPROVEMENT DISTRICT, AND STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICTS AND ANNEXATIONS
RECOMMENDATION
Staff recommend that the City Council:
1. Adopt Resolution No. CC 2025-028, a Resolution of the City Council of the City of Palmdale, declaring its intention to continue assessments for Fiscal Year 2025-26;
2. Preliminarily approve the annual Engineer’s Reports;
3. Authorize the Mayor to execute Resolution No. CC 2025 -028, declaring its intention to continue assessments for Fiscal Year 2025-26; and,
4. Provide notice of public hearing for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations , Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.
BACKGROUND
The City of Palmdale Landscape Maintenance Assessment Districts and Annexations , Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Report to Mayor and City Council
Re: Adopt Resolution No. CC 2025-028
June 3, 2025
Assessment Districts and Annexations (all combined and referred to as the “Districts”) were approved by property owners pursuant to mailed ballot elections conducted in accordance with Article XIIID of the California Constitution.
The purpose of the Landscape Mainte nance Assessment Districts and Annexations is to fund the installation, maintenance, and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation syste ms, drainage devices and drywells located in public places within the boundaries of the Landscape Maintenance Assessment Districts and Annexations.
The purpose of the Park Maintenance and Recreation Improvement District is to fund the installation, maintenance, and servicing of public parks and recreational facilities throughout the City.
The purpose of the Streetlight Maintenance Assessment Districts and Annexations is to fund the installation, maintenance, and servicing of any authorized improvements under the Act, including, but not limited to streetlight, traffic signal, and highway safety light improvements, and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
The Landscaping and Lighting Act of 1972 requires that each year, the districts have a detailed annual engineer’s report approved by the City Council in order to continue the annual assessment levy.
DISCUSSION
On April 15, 2025, the City Council took the first step to continue assessing the levies for Fiscal Year 2025-26 by adopting Resolution No. CC 2025-026, which directed NBS, the Engineer of Work, to prepare the annual Engineer’s Report s for the Districts for Fiscal Year 2025-26.
This Resolution No. CC 2025-028 is the second step in the process which provides intention to continue the assessments for Fiscal Year 2025-26, preliminarily approves the annual Engineer’s Reports prepared by NBS, and establishes the date, time, and place of a public hearing to receive testimony regarding the continued assessments to be placed on LA County tax rolls.
The third and final step will be the public hearing regarding the final approval of the annual Engineer’s Reports and the ordering of the levies for Fiscal Year 2025-26 that will be held by the City Council on July 1, 2025.
The annual Engineer’s Report s contain information required by the Landscaping and Lighting Act of 1972 and Articles XIIIC and XIIID of the California Constitution (Proposition Report to Mayor and City Council
Re: Adopt Resolution No. CC 2025-028
June 3, 2025
218), determining the special benefit to property owners within each district, identifying the methodology for assigning assessments to each parcel, and estimating the cost for improvements. The annual Engineer’s Reports establish the foundation and justification for the continued collection of the assessments for Fiscal Year 2025-26.
FISCAL IMPACT
The annual Engineer’s Reports indicate the proposed assessments for the Districts and are included as attachments.
The Fiscal Year 2025-26 annual assessment inflator f or the Landscape Maintenance Assessment Districts and Annexations may be based on February or March CPI, depending on the approved methodology when each district/annexation was formed. For the districts/annexations that are increased based on the February CPI, the maximum assessment rates are increased by 3.11%. For the d istricts/annexations that are increased based on the March CPI, the maximum assessment rates are increased by
3.02%. The total proposed assessment for all districts combined is approximately $7,628,300.
The Park Maintenance and Recreation Improvement District’s Fiscal Year 2025-26 assessment inflator is 3%, and the total proposed assessment for the district is approximately $3,265,400.
For Streetlight Maintenance Assessment Districts and Annexations , the inflator for the Fiscal Year 2025 -26 assessment is 3.11%, and the total proposed assessment for all districts is approximately $5,025,000.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
B. Establish healthy reserves for ongoing replacement and repair of capital assets while stabilizing annual spending.
Prepared by: Leonardo Torres, P.E.,
Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney
Report to Mayor and City Council
Re: Adopt Resolution No. CC 2025-028
June 3, 2025
ATTACHMENTS
Reso. No. CC 2025-028
Rpt Fiscal Year 2025-26 Combined Engineer’s Report for Landscape Maintenance Assessment Districts and Annexations
Rpt Fiscal Year 2025-26 Engineer’s Report for Park Maintenance and Recreation Improvement District
Rpt Fiscal Year 2025-26 Engineer’s Report for Streetlight Maintenance Assessment Districts and Annexations
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
DECLARING ITS INTENTION TO CONTINUE ASSESSMENTS FOR
FISCAL YEAR 2025-26, PRELIMINARILY APPROVE THE ANNUAL
ENGINEER’S REPORTS AND PROVIDING NOTICE OF HEARING FOR
THE CITY OF PALMDALE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICTS AND ANNEXATIONS, PARK MAINTENANCE AND
RECREATION IMPROVEMENT DISTRICT, AND STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICTS AND ANNEXATIONS
WHEREAS, the City of Palmdale Landscape Maintenance Assessment Districts and Annexations (the “Landscape Assessment Districts”), Park Maintenance and Recreation Improvement District (the “Park District”), and Streetlight Maintenance Assessment Districts and Annexations (the “Streetlight Assessment Districts”, or all together, the Landscape Assessment Districts, Park District, and Streetlight Assessment Districts may be referred to as the “Districts”) were approved by property owners pursuant to mailed ballot elections conducted in accordance with Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof); and
WHEREAS, NBS has been designated as Engineer of Work for purposes of these proceedings (the “Engineer of Work”) and ordered to prepare the Engineer’s Reports in accordance with the Act and Article XIIID of the California Constitution; and WHEREAS, the Engineer of Work has filed the Engineer’s Reports (the “Reports”) with the City Clerk, copies of which have been submitted to this City Council, which Reports contain the information required by the Act, including: (a) a calculation of the portion of the services to be provided by the Districts that constitute a special benefit to the parcels in the Districts; (b) a methodology for assigning assessments to individual parcels; (c) a listing of each lot or parcel of property that would be subject to the proposed assessment, including public parcels; (d) the estimate of cost for the improvements; and (e) the amount of the proposed assessment for each lot or parcel for the Fiscal Year 2025/2026.
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. It is the intention of this City Council to continue to levy and collect assessments within the Districts for Fiscal Year 2025-26.
Resolution No. CC 2025-028
SECTION 3. The Reports, in the form on file with the City Clerk, are hereby received, filed and preliminarily approved.
SECTION 4. The proposed improvements to be made in the Landscape Assessment Districts may be briefly described as follows: the installation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, drainage devices and drywells located in public places within the boundaries of the Districts. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the ornamental structures, landscaping and appurtenant facilities, including repair, removal, or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electricity for the lighting and operation of the ornamental structures, landscaping, and appurtenant facilities, water for the irrigation and control of the landscaping, and the maintenance of any of the ornamental structures, landscaping, and appurtenant facilities.
Within the Park District, the existing and proposed improvements to be undertaken by the Park District are generally described as: installation, maintenance and servicing of public facilities, including but not limited to, landscaping, sprinkler systems, park grounds, park facilities, amphitheaters, landscape corridors, ground cover, shrubs and trees, street frontages, multi-use trails, camp sites and picnic areas, equestrian facilities, playground equipment and hardcourt areas, senior and community centers, drainage systems, lighting, fencing, entry monuments, sport and recreation fields, concession stands, basketball courts, tennis courts, running tracks, aquatic parks, swimming pools and pool enclosures, other recreational facilities, security guards, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned, operated or maintained by the City of Palmdale. Whereas, installation means the construction of recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities, and public restrooms. Whereas, maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of said improvements, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Whereas, servicing means the furnishing of electric current or energy for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements.
Within the Streetlight Assessment Districts, the existing and proposed improvements to be undertaken may be briefly described as follows: the installation, Resolution No. CC 2025-028
maintenance, and servicing of any authorized improvements under the Act, including, but not limited to streetlight, traffic signal, and highway safety light improvements, and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
SECTION 5. The general location and boundaries of the existing Districts are shown on maps on file in the office of the Director of Public Works, are incorporated herein by reference, and are open to public inspection.
The designation of the Landscape Assessment Districts is as follows:
District Nos. 1997-1, 2, 6, 7, 9, 10, 13, 14, 17, 19, 20, 23, 24, 24-1, 24-2, 24-3, 24- 5, 25, 26, 28, 29, 31, 33, 35, 36, 41, 43, 46, 48, 49, 51, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 72, 73, 75, 76, 78, 80, 83, 84, 85, 86, 87, 88, 89, 93, 94, 96, 97, 98, 99, 100, 102, 105, 107, 110, 111, 114, 115, 116, 119, 120, 121, 122, 123, 125, 126, 127, 128, 129, 131, 133, 135, 136, 139, 140, 143, 144, 145, 146, 148, 151, 152, 153, 154, 156, 157, 160, 163, 165. 167, 168, 171, 175, 176, 177, 178, 179, 183, 188, 189, 190, 191, 192, 193, 195, 199, 203, 204, 206, 207, 213, 216, 220, 224;
District Nos. 1998-5, 11, 12, 15, 16, 21, 22, 30, 32, 37, 39, 40, 42, 52, 56, 68, 77, 92, 103, 109, 112, 137, 212, 214;
District Nos. 1999-106, 113, 138, 150, 182, 201, 202, 222, 233, 234; District Nos. 2000-24-6, 44, 82, 219, 235;
District Nos. 2001-236, 237, 238;
District Nos. 2002-141, 239, 240, 242, 243, 244, 251, 252, 253, 254, 255, 256; District Nos. 2003-197, 245, 246, 259, 260;
District Nos. 2004-180, 221, 241, 247, 248, 257, 261, 262, 264, 265, 266, 267, 268, 271, 272, 274, 276, 277, 900;
District Nos. 2005-159, 184, 217, 256-01, 263, 272-01, 273, 275, 278, 279, 281, 282, 283, 286, 287, 289, 292, 293, 296, 299;
District Nos. 2006-173, 272-02, 292-01, 294, 295, 297, 298, 301, 302, 314, 315, 901;
District Nos. 2007-304, 312, 313, 316, 318, 319, 320;
District Nos. 2014-321 and 322;
Resolution No. CC 2025-028
The designation of the Park District is as follows: Park Maintenance and Recreation Improvement District;
The designation of the Streetlight Assessment Districts is as follows:
District No. 1, located throughout the City includes Annexation Nos. 001; 003 through 007; 009; 011; 013 through 080; 082 through 092; 095 through 097; 099 through 111; 113 through 117; 119 through 132; 134 through 137; 139 through 141, 144 through 152, 154, 186 and 203.
District No. 2, located in the Anaverde Master Planned Community consists of 2 annexations, 800 and 801.
District No. 3, located in the Master Planned Community of Ritter Ranch consists of one annexation, 900.
District No. 4, located throughout the City includes Annexation Nos. 155 through 170, 172 through 175, 178, 180, 184, and 193.
District No. 5, located throughout the City, includes one district, No. 91616, which was previously covered under the Los Angeles County Lighting Maintenance District No. 1616. LA County administered the streetlights assessments and managed the streetlights improvements up to Fiscal Year 2013-14. Starting in Fiscal Year 2014-15, the City of Palmdale took over these functions from the County.
SECTION 6. Reference is hereby made to the Reports for a full and detailed description of the improvements, the boundaries of the Districts and the assessments upon assessable lots and parcels of land within the Districts.
SECTION 7. The assessments for the Landscape Assessment Districts are subject to an annual adjustment tied to the annual change in the Consumer Price Index (“CPI”) for the Los Angeles Area as of February or March of each succeeding year. The change in the CPI from February 2024 to February 2025 was 3.11%. The change in the CPI from March 2024 to March 2025 was 3.02%. Therefore, for Fiscal Year 2025/2026, the maximum authorized assessment rates which are based on the February CPI are the previous year maximum authorized assessment rate for each District increased by 3.11% and the maximum authorized assessment rates which are based on the March CPI, are the previous year maximum authorized assessment rate for each District increased by
3.02%. The amount of the assessment proposed does not exceed the authorized amount.
The assessment for the Park District is subject to an annual adjustment tied to the annual change in the CPI for the Los Angeles Area as of January of each succeeding year, with the maximum annual adjustment not to exceed 3%. Any change in the CPI in excess of 3% shall be cumulatively reserved as the “Unused CPI” and shall be used to increase the maximum authorized assessment rate in years in which the CPI is less than Resolution No. CC 2025-028
3%. The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the assessment was levied adjusted annually by the minimum of (a) 3% or (b) the change in the CPI plus any Unused CPI as described above. The change in the CPI from January 2024 to January 2025 was 3.33%. Therefore, the maximum authorized assessment rate for Fiscal Year 2025-26 is increased by 3%. The amount of the assessment proposed does not exceed the authorized amount.
The assessments for the Streetlight Assessment Districts are subject to an annual adjustment tied to the annual change in the CPI for the Los Angeles area as of February of each succeeding year. The change in the CPI from February 2024 to February 2025 was 3.11%; therefore, for Fiscal Year 2025-26, the maximum authorized assessment rates are the previous year's maximum authorized assessment rate for each District increased by 3.11%. District No. 1, Annexation Nos. 186 and 203, include a maximum annual adjustment not to exceed 3%; therefore, the maximum authorized assessment rates for Fiscal Year 2025/2026 are increased by 3%. The amount of the assessment proposed for all Streetlight Assessment Districts does not exceed the authorized amount.
SECTION 8. A public hearing concerning the proposed assessments for the Districts shall be held by the City Council on July 1, 2025, at 5:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, California, in accordance with Chapter 3, Section 22626 of the Act.
SECTION 9. The City Clerk is hereby authorized and directed to cause a notice of the hearing for the continuation of the assessments for the Districts to be given by publishing a notice once, at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the Districts.
SECTION 10. This Resolution shall take effect immediately upon its adoption.
Resolution No. CC 2025-028
SECTION 11. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 3rd day of June, 2025. _________________________________
Richard J. Loa, Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ _________________________________ Alexandra Halfman, Rochelle Scott, City Clerk
Acting City Attorney
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 3 rd day of June, 2025, by the following roll call vote:
AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT:___________________________ Date: ______________________________ _____________________________ Rochelle Scott, City Clerk
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2025/26 Combined Engineer’s Report For:
Landscape Maintenance Assessment Districts
and Annexations
May 2025
TABLE OF CONTENTS
1. Engineer’s Letter ............................................................................................................. 1
2. Introduction ................................................................................................................... 2
2.1 Background .............................................................................................................. 2
2.2 Assessment District Inventory ................................................................................. 2
2.3 District Changes ....................................................................................................... 3
2.4 Process for Annual Assessment .............................................................................. 5
2.5 Legislative Context .................................................................................................. 6
3. Plans and Specifications .................................................................................................. 8
4. Estimate of Costs ............................................................................................................ 9
5. Method of Apportionment............................................................................................ 11
5.1 Special Benefit ....................................................................................................... 11
5.2 Quantification of General Benefit ......................................................................... 12
5.3 Method of Assessment.......................................................................................... 14
5.4 Cost of Living Inflator ............................................................................................ 14
5.5 Fiscal Year 2025/26 Maximum Assessment Rates ................................................ 18
5.6 Duration of Assessment ........................................................................................ 18
5.7 Appeals and Interpretation ................................................................................... 18
6. Assessment Diagram ..................................................................................................... 19
7. Landscape Maintenance Districts Area Maintained ....................................................... 20
8. Assessment Roll ............................................................................................................ 25
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 1
1. ENGINEER’S LETTER
WHEREAS, the City Council of the City of Palmdale (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), directed NBS to prepare and file the Combined Annual Engineer’s Report for the Landscape Maintenance Assessment Districts and Annexations (the “Assessment Districts” or “Districts”) for Fiscal Year 2025/26, in accordance with Article 4 of Chapter 1 of the Act and Article XIII D of the California Constitution. The report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the administration, maintenance, operations and servicing of the improvements for Fiscal Year 2025/26, the diagram for the Assessment Districts, showing the area and properties to be assessed, and assessing the net amount upon the assessable lots and/or parcels within the Assessment Districts in proportion to the special benefit received.
NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the Assessment Districts in proportion to the special benefit received.
District
Parcel
Count(1)
Total
EDUs(2)
Proposed FY 2025/26
Assessment Amount
Landscape Maintenance Assessment
Districts and Annexations(3) 28,790 27,606.10 $7,628,270.66 (1) Includes parcels levied and active parcels not yet subject to the assessment. (2) Includes only EDUs for districts which are levied in Fiscal Year 2025/26. (3) A list of the Assessment Districts and annexations containing the total proposed Fiscal Year 2025/26 assessments, the number of parcels assessed and assessment rate are detailed in Section 8 of this Engineer’s Report.
I, the undersigned, respectfully submit this Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed and levied in accordance with the assessment methodology adopted, approved and ordered by the City Council of the City of Palmdale at the time of each District formation.
____________________________________________
John G. Egan, P. E.
Assessment Engineer
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 2
2. INTRODUCTION
2.1 Background
The City provides maintenance and servicing of certain publicly owned landscaped areas and detention basins throughout the City. In order to fund the maintenance of these landscaping projects and improvements, the City has formed 251 Landscape Maintenance Assessment Districts and Annexations with approximately 29,000 parcels. The Assessment Districts have been formed and the assessment levies have been made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972, and Article XIII D of the California Constitution (the “Article XIII D”).
2.2 Assessment District Inventory
Currently there are 246 existing Assessment Districts covering approximately 29,000 parcels. This Engineer’s Report covers the 246 existing Assessment Districts. The City currently maintains landscape for only 234 Assessment Districts, encompassing about 27,250 parcels, and over 217 acres of landscaping located throughout the City. Although some Assessment Districts have been formed, the local improvements have not yet been installed and the City has not taken over the maintenance of their landscaping. Most of the Assessment Districts are comprised of residential parcels, both single-family and multi-family, with the exception of a few commercial developments.1 A complete list of the Assessment Districts including the number of parcels and the area of landscaping maintained is included in Sections 7 and 8 of this Engineer’s Report. In addition to the existing 246 Assessment Districts, there are several developments throughout the City that were covered under the original district, prior to 1996, and are not included within the existing 246 Assessment Districts. The developments and reason for their exclusion are as follows:
• There are 20 developments within the City that were originally maintained by the City. These 20 developments failed to receive voter approval in 1996 and, therefore, are no longer maintained by the City;
• There are 23 developments within the City, which have no landscaping improvements and are, therefore, not maintained by the City; and
• There are 10 developments within the City, which have been combined with other developments when the Assessment Districts were approved.
The designation of the existing Assessment Districts is as follows:
Assessment District Nos. 1997-1, 2, 6, 7, 9, 10, 13, 14, 17, 19, 20, 23, 24, 24-1, 24-2, 24-3, 24-5, 25, 26, 28, 29, 31, 33, 35, 36, 41, 43, 46, 48, 49, 51, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 72, 73, 75, 76, 78, 80, 83, 84, 85, 86, 87, 88, 89, 93, 94, 96, 97, 98, 99, 100, 102, 105, 107, 110, 111, 114, 115, 116, 119, 120, 121, 122, 123, 125, 126, 127, 128, 129, 131, 133, 135, 136, 139, 140, 143, 144, 145, 146, 148, 151, 152, 153,
1 As detailed in the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessment Districts and Annexations, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 3 154, 156, 157, 160, 163, 165. 167, 168, 171, 175, 176, 177, 178, 179, 183, 188, 189, 190, 191, 192, 193, 195, 199, 203, 204, 206, 207, 213, 216, 220, and 224;
Assessment District Nos. 1998-5, 11, 12, 15, 16, 21, 22, 30, 32, 37, 39, 40, 42, 52, 56, 68, 77, 92, 103, 109, 112, 137, 212, and 214;
Assessment District Nos. 1999-106, 113, 138, 150, 182, 201, 202, 222, 233, and 234; Assessment District Nos. 2000-24-6, 44, 82, 219, and 235; Assessment District Nos. 2001-236, 237, and 238;
Assessment District Nos. 2002-141, 239, 240, 242, 243, 244, 251, 252, 253, 254, 255, and 256; Assessment District Nos. 2003-197, 245, 246, 259, and 260; Assessment District Nos. 2004-180, 221, 241, 247, 248, 257, 261, 262, 264, 265, 266, 267, 268, 271, 272, 274, 276, 277, and 900;
Assessment District Nos. 2005-159, 184, 217, 256-01, 263, 272-01, 273, 275, 278, 279, 281, 282, 283, 286, 287, 289, 292, 293, 296, and 299;
Assessment District Nos. 2006-173, 272-02, 292-01, 294, 295, 297, 298, 301, 302, 314, 315, and 901; Assessment District Nos. 2007-304, 312, 313, 316, 318, 319, and 320; Assessment District Nos. 2014-321 and 2014-322; and
Assessment District Nos. 2020-290 and 2020-324. For details of the assessments, refer to the annexation Engineer’s Report approved on January 12, 2022 and the amended on May 4, 2022 for Assessment District No. 2020-290. Refer to the annexation Engineer’s Report approved on November 3, 2021 for Assessment District No. 2020-324.
2.3 District Changes
The following information highlights certain Assessment Districts that have had modifications from their original formation or require individual budgetary attention.2 Annexation 97-24-5B is assessed under Annexation 97-24-5.
Beginning with Fiscal Year 2001/02, the landscaping within Assessment District No. 140, located on the southeast corner of 60th Street West and Avenue N-4, is maintained by Assessment District No. 140's homeowner's association (HOA). For Fiscal Year 2001/02, Assessment District No. 140's assessment was lowered to $40 per parcel. Therefore, Assessment District No. 140's annual assessments only include administrative costs to provide compliance monitoring for maintenance standards and quality.
Beginning with Fiscal Year 2006/07, the landscaping within Assessment District No. 251, located south of Avenue N on the west side of 50th Street West and Assessment District No. 2004-900, will be maintained by each Assessment District’s respective HOA. For Fiscal Year 2009/10, Assessment District No. 251’s assessment rate was lowered to $47.46 per parcel. Therefore, Assessment District No. 251's annual
2 As detailed in the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessment Districts and Annexations, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 4 assessments only include administrative costs to provide compliance monitoring for maintenance standards and quality.
The following Assessment Districts are commercial development and the assessments are calculated based on acreage (see the Method of Assessment section of this Engineer’s Report):
1. Assessment District No. 152, located between Avenue O-8 and Avenue P, east of 15th Street West and west of the Antelope Valley Freeway;
2. Assessment District No. 154, located on the northwest corner of Avenue N and 10th Street West; and
3. Assessment District No. 195, located on the northeast corner of Avenue Q and 5th Street West.
Assessment District No. 80 is a mobile home district that is located on Rancho Vista Boulevard and approximately Avenue N-8. The assessments are calculated based on acreage (see the Method of Assessment section of this Engineer’s Report).
Beginning with Fiscal Year 2001/02, Assessment District Nos. 115 and 192 received a decrease in their per parcel assessment. This was due to the removal of drainage facilities and the elimination of the maintenance associated with those facilities.
Beginning Fiscal Year 2006/07, for Assessment District No. 256, Annexation No. 01, there was one additional parcel added to the southeast corner of Tract No. 52490. This parcel was added at the request of the property owner.
Beginning with Fiscal Year 2008/09, in Assessment District No. 268 only developed parcels will be assessed in Phase 1 and 2 and a portion of Phases 3, 4, and 5. Only a portion of the landscape improvements were installed and accepted for maintenance.
All parcels included within Assessment District Nos. 292 and 292-01 are combined and identified under Assessment District No. 292. Beginning with Fiscal Year 2009/10, the assessments for Assessment District Nos. 292 and 292-01 has been amended to $539.88. Assessment District No. 292 is to have no assessment for either the multipurpose trail along 70th Street West or the offsite flood control basin at the southwest corner of 65th Street West and Avenue M.
For Fiscal Year 2009/10 Assessment District No. 297 was credited $20,419.71 and no further assessments were levied. No landscape improvements were constructed and Tentative Tract Map 61610, for which Assessment District No. 297 was formed, has expired and no property entitlement exists on the property anymore.
Beginning with Fiscal Year 2011/12, Assessment District No. 900 shall not be levied an assessment as the City does not maintain the local improvements.
Assessment District No. 2004-277 has been dissolved as of April 6, 2016. The HOA will undertake the maintenance of all improvements and services beginning Fiscal Year 2016/17.
The City does not assess Assessment District Nos. 2005-297, 2006-173, 2006-302, 2007-312, 2007-313, 2007-316, 2007-318, 2007-319, 2007-320, 2014-321, 2014-322, and 2006-901 because the landscaping has not been completed or accepted for maintenance. For Fiscal Year 2025/26, these Assessment Districts will receive a credit towards their assessment resulting in a zero assessment.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 5 The annexation Engineer’s Report was approved for Assessment District No. 2020-290 on January 12, 2022 and a reduction of the rate was subsequently approved with the Amended Engineer’s Report on May 4, 2022.
Beginning in Fiscal Year 2025/26, the maximum assessment rates for the following districts were adjusted down based on the results of a district wide financial review and evaluation: 1998-11, 1997-24-5, 1998-32, 1997-65, and 2005-217.
2.4 Process for Annual Assessment
As required by the procedures specified in the Act, an Engineer’s Report must be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district.
The City Council must also annually adopt a resolution of intention which:
• Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein.
• Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
• Refers to the assessment district by its distinctive designation and indicates the general location of the assessment district.
• Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment.
• States whether the assessment is proposed to increase from the previous year.
If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published.
Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218.
The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 6
2.5 Legislative Context
In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments.
Article XIII D imposes four basic substantive requirements on assessments3:
• All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified;
• The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit.
Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below.
GENERAL BENEFIT
Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable.
The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011) (Golden Hills)4 clarified this concept by stating, “Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” The Court of Appeal in Beutz v. County of Riverside (2010) (Beutz)5 quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”
The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (SVTA) 6 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real
3 California Constitution Article XIII D Section 4.
4 Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) 5 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 6 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008).
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 7 property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors.
BENEFIT-BASED NOT COST-BASED
In Bonander v. Town of Tiburon (2009) (Tiburon)7, the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “Proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.”
The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.”
PUBLIC PROPERTY
Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed.
The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017) (Manteca)8 clarified this issue by stating, “section 4, subdivision (a) of article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.”
IMPRECISION
The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied.”
7 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) 8 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017)
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 8
3. PLANS AND SPECIFICATIONS
The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the Assessment Districts defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows:
The installation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including irrigation systems, drainage devices, and drywells located in public places within the boundaries of the Assessment Districts. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Servicing” means the furnishing of electricity for the lighting and operation of any ornamental structures, landscaping, and appurtenant facilities; water for the irrigation and control of the landscaping, and the maintenance of any of the ornamental structures, landscaping and appurtenant facilities.
Improvements: Article XIII D of the California Constitution defines "maintenance and operation expenses" as "the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement" (hereinafter referred to as the "improvements"). The Assessment District's funding includes, but is not limited to, the removal, repair, replacement and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and operation of the landscape improvements benefiting the Assessment Districts’ parcels.9
Plans and Specifications for the improvements for the Assessment Districts are voluminous and are not bound in this report but by this reference are incorporated and made a part of this Engineer’s Report. The Plans and Specifications are on file in the office of the Director of Public Works where they are available for public inspection.
9 As detailed in the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessment Districts and Annexations, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 9
4. ESTIMATE OF COSTS
Fiscal Year 2025/26 estimated costs of maintenance and servicing the improvements as described in the Plans and Specifications of this Engineer’s Report are summarized below. The full itemized budget for the Assessment Districts is voluminous and is not bound in this Engineer’s Report but by reference is incorporated and made a part of this Engineer’s Report. The itemized budget is on file in the Department of Public Works, where it is available for public inspection. The tables below show the budget summary for the Assessment Districts.
Combined Landscape Maintenance Assessment District Budget Fund and Budget Summary, Fiscal Year 2025/26
Description
Proposed
FY 2025/26 Costs
Direct Maintenance Costs $8,571,410
Utility Costs 1,130,000
Administration Costs 125,600
Capital Expenses 276,580
Estimated Expenditures $10,103,590
Contributions from Other Sources (1) (2,475,319)
Fiscal Year 2025/26 Net Amount to be Assessed $7,628,271 (1) Includes City general fund contributions, developer contributions, and other sources.
A list of the Assessment Districts containing the Fiscal Year 2025/26 assessment, number of parcels proposed to be assessed, and the assessment rate per EDU is included in Section 8 of this Engineer’s Report.
The following cost descriptions apply to the budget:
DIRECT MAINTENANCE COSTS
Maintenance Costs. Labor, Material, and Equipment - Includes labor, material, and equipment required to properly maintain and service the ornamental structures, landscaping, and appurtenant facilities within the Assessment Districts, including the maintenance and servicing of drywells, fencing, entry monuments, and drainage facilities. Improvements within the Assessment Districts will be maintained and serviced on a regular basis. City staff will determine the frequency and specific maintenance operations required; but generally, the operations will occur weekly.
Renovation. Repairs that are unforeseen and not normally included in the yearly maintenance cost. This may include repair of damage due to vandalism, storms, and frost. Planned upgrades of the improvements that provide a direct benefit to the Assessment Districts could also be included in renovation costs.
Examples of upgrades are replacing plant materials and/or renovating irrigation systems.10
10 Costs descriptions from the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessments Districts and Annexations, Fiscal year 2020/21 dated April 2020.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 10
UTILITY COSTS
Water. The furnishing of water required for the irrigation of the landscaping and the maintenance of the ornamental structures and appurtenant facilities.
Gas and Electric. The furnishing of electricity and gas required for the operation of the ornamental structures, landscaping and appurtenant facilities.
OTHER COSTS
Personnel/Overhead. The cost of City staff for providing the coordination for maintenance and servicing, responding to public concerns, and levying and collecting assessments. This includes reimbursement for time spent by Finance and Accounting, the City Attorney, the City Manager, and the Public Works staff.
Consultants. The cost of contracting with professionals to provide services specific to the levy and annual administration.
Professional Fees. These are the costs of contracting with professionals for annual certification of irrigation backflow devices and for professionals to provide any additional administrative or engineering services specific to the Assessment Districts, such as the cost to prepare and mail notices of the public hearing, or preparation of assessment diagrams.
County Administration Fees. The costs charged by the County to place the assessments on the property tax rolls.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 11
5. METHOD OF APPORTIONMENT
The following section of includes an explanation of the benefits to be derived from the installation, maintenance and servicing of the improvements throughout each Assessment District, as well as a description of the assessment methodology used to apportion the total assessment to properties within each Assessment District (with the exception of Assessment District Nos. 2020-290 and 2020-324).
The method of apportionment and description of benefit for Assessment District No. 2020-290 is detailed in the Amended Engineer’s Report approved on May 4, 2022 (including the reduction of the rate). The method of apportionment and description of benefit for Assessment District No. 2020-324 is detailed in the annexation Engineer’s Report approved on November 3, 2021.
For all other Assessment Districts, previous annual Engineer’s Reports were prepared by a different engineer of record and specific language from the prior year’s Engineer’s Report 11 has been referenced to describe the Method of Apportionment within the following section of this report. 12 The Assessment Districts consist of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this report. Further, all assessor parcels, including all privately and publicly owned parcels, are identified by Assessor Parcel Numbers listed within the included levy roll. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the Assessment Districts over and above general benefits conferred on real property or to the public at large.
The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.
5.1 Special Benefit
The improvements are expected to confer certain special benefits to the parcels within each Assessment District. Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows:
Each and every parcel within each Assessment District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements.
First, all of the improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the City required the original developer to install, and guarantee the maintenance of, landscaping, ornamental structures, and appurtenant facilities to serve the parcels. Therefore, each
11 Method of Apportionment and subsections as detailed in the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessment Districts and Annexations, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020 (“Prior Engineer’s Report”).
12 Method of Apportionment and subsections as detailed in the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessment Districts and Annexations, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 12 and every parcel within the Assessment Districts could not have been developed in the absence of the installation and promised maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Assessment Districts because of the nature of the improvements.
The proper maintenance of landscaping and appurtenant facilities specially benefit parcels within the Assessment Districts by moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in close proximity to the landscaping, thereby enhancing the environmental quality of the parcels and making them more desirable. Properly maintained landscaping also deters erosion of slopes and thereby minimizes the risk of instability and the potential destruction of property within the Assessment Districts. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout the properties within the Assessment Districts. The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes (especially vandalism) against properties in the Assessment Districts through the abatement of graffiti and the screening of properties within the Assessment Districts from arterial streets.
Finally, the proper maintenance of landscaping and ornamental structures improves the attractiveness of the properties within the Assessment Districts and provides a positive visual experience each and every time a trip is made to or from the property. The above- mentioned benefits contribute to the specific enhancement of the property values of each of the parcels within the Districts.
The SVTA decision provides enhanced clarity to the definitions of special benefits from landscaping and parks to properties in three distinct areas: proximity, expanded or improved access, and views. The SVTA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA decision also provides specific guidance that setback landscaping is a direct advantage and special benefit to property that is proximate to a landscaped area that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.
5.2 Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general.
General benefits cannot be funded by these assessments – the funding must come from other sources.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 13 The maintenance and servicing of these improvements is also partially funded, directly and indirectly from other sources including the City, Los Angeles County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). This funding from other sources more than compensates for general benefits, if any, received by the properties within the Assessment Districts.
STEP 1 – CALCULATION OF GENERAL BENEFIT
The general benefits from this assessment may be quantified as illustrated in the following table.
Calculation of General Benefit(1)
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Extension of landscaped area 2 10% 0.2
Proximity to improved landscaping 2 10% 0.2
Access to improved landscaped areas 2 10% 0.2
Improved views 2 10% 0.2
Creation of individual lots for development or approval of building permits 92 0% 0
100 0.2
Total Calculated General Benefit = 0.8%
(1) Per the Prior Engineer’s Report.
As a result, the City will contribute at least 0.8% of the total budget from sources other than the assessment. The following contribution offsets any general benefits from the assessment services.
STEP 2 – CALCULATE THE CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY Pursuant to the Prior Engineer’s Report, the overall general benefit contribution is the sum of the following components:
The City owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment Districts’ improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City towards the general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.
The City owns and maintains a storm drainage system along the border of the Assessment Districts’ improvements. This system serves to prevent flooding and associated damage to the improvements, and manage urban runoff including local pollutants loading from the improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 1%.
The City owns and maintains local public streets along the border of the Assessment Districts’ improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 14 The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 25%.
Therefore, the total general benefit is conservatively quantified at 0.8% which is more than offset by the total non-assessment contribution towards general benefit of 28%.
5.3 Method of Assessment
The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. The precise language from the Prior Engineer’s Report is included below:
In the single-family residential Assessment Districts, the parcels in the Assessment Districts receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements. Therefore, each parcel is assessed an equal amount.
In the mobile home Assessment Districts, each mobile home unit receives an equal special benefit from the improvements. However, because each parcel within such Assessment District may have a different number of mobile home units, the assessment against each parcel varies depending on the potential number of units, which may be located on the parcel. Since the potential number of units on a parcel depends on the area of the parcel, the estimated cost of the improvements in a mobile home Assessment District has been divided among the parcels within the Assessment District according to the area of each parcel in the Assessment District.
In the commercial Assessment Districts, the special benefit to each parcel is derived not only from the benefits to the property described above, but also the enhancement of the property's value through its ability to attract clients, employees and customers to the parcel. This benefit increases according to the size of the business and the number of people using the parcel, which in turn generally correlates to the area of the parcel.
Therefore, the estimated cost of the improvements in a commercial District has been divided among the parcels within the District according to the area of each parcel in the District.
Publicly owned parcels will be assessed the same as other parcels, except for publicly owned drainage basins. The publicly owned drainage basin parcels are undeveloped and are required to remain undeveloped in order to function as drainage basins. Therefore, the parcels receive none of the special benefits described above.
5.4 Cost of Living Inflator
Annually, the maximum assessment rates for the Assessments Districts may be increased, based upon the Consumer Price Index, All Urban Consumers, for Los Angeles-Long Beach-Anaheim Area ("CPI"), as
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 15 determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor13.
Annually, the Assessment Engineer shall compute the percentage difference between the CPI for the most recent February or March and the CPI for the previous February or March and shall then adjust the current fiscal year maximum assessment rate by an amount not to exceed such CPI percentage change for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Assessment Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living.14 For Fiscal Year 2025/26, the Assessment Districts which are increased based on the increase of the February 2024 to February 2025 CPI, for All Urban Consumers in the Los Angeles-Long Beach- Anaheim Area, the maximum assessment rates are increased by 3.02%. The Assessment Districts which are increased based on the increase of the March 2024 to March 2025 CPI, for All Urban Consumers in the Los Angeles-Long Beach- Anaheim Area, the maximum assessment rates are increased by 3.11%.
The following tables show the applicable month of CPI data applied to calculate the maximum assessment rates for each of the Assessments Districts.
13 As detailed in the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessment Districts and Annexations, Fiscal Year 2020/21 dated April 2020 and approved by City Council on June 2, 2020. 14 From the Annual Engineer’s Report, City of Palmdale, Landscape Maintenance Assessments Districts and Annexations, Fiscal year 2020/21 dated April 2020 and approved by City Council on June 2, 2020.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 16 Assessment
District
CPI
Month
Assessment
District
CPI
Month
Assessment
District
CPI
Month
1 March 42 March 96 March
2 March 43 March 97 March
5 March 44 March 98 March
6 March 46 March 99 March
7 March 48 March 100 March
9 March 49 March 102 March
10 March 51 March 103 March
11 March 52 March 105 March
12 March 56 March 106 March
13 March 58 March 107 March
14 March 59 March 109 March
15 March 60 March 110 March
16 March 61 March 111 March
17 March 62 March 112 March
19 March 63 March 113 March
20 March 64 March 114 March
21 March 65 March 115 March
22 March 66 March 116 March
23 March 67 March 119 March
24 March 68 March 120 March
24-1 March 69 March 121 March
24-2 March 70 March 122 March
24-3 March 72 March 123 March
24-4 March 73 March 125 March
24-5 March 75 March 126 March
24-6 March 76 March 127 March
25 March 77 March 128 March
26 March 78 March 129 March
28 March 80 March 131 March
29 March 82 March 133 March
30 March 83 March 135 March
31 March 84 March 136 March
32 March 85 March 137 March
33 March 86 March 138 March
35 March 87 March 139 March
36 March 88 March 140 March
37 March 89 March 141 February
39 March 92 March 143 March
40 March 93 March 144 March
41 March 94 March 145 March
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 17 Assessment
District
CPI
Month
Assessment
District
CPI
Month
Assessment
District
CPI
Month
146 March 212 March 265 February
148 March 213 March 266 February
150 March 214 March 267 February
151 March 216 March 268 February
152 March 217 February 271 February
153 March 219 February 272 February
154 March 220 March 272-01 February
156 March 221 February 272-02 February
157 March 222 March 273 February
159 February 224 March 274 February
160 March 233 March 275 February
163 March 234 March 276 February
165 March 235 February 278 February
167 March 236 February 279 February
168 March 237 February 281 February
171 March 238 February 282 February
175 March 239 February 283 February
176 March 240 March 286 February
177 March 241 February 287 February
178 March 242 February 289 February
179 March 243 March 290 February
180 February 244 February 292 February
182 March 245 February 292-01 February
183 March 246 February 293 February
184 February 247 February 294 February
188 March 248 February 295 February
189 March 251 February 296 February
190 March 252 February 298 February
191 March 253 February 299 February
192 March 254 February 301 February
193 March 255 February 304 February
195 March 256 February 314 February
197 February 256-01 February 315 February
199 March 257 February 322 February
201 March 259 February 324 February
202 March 260 February
203 March 261 February
204 March 262 February
206 March 263 February
207 March 264 February
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 18
5.5 Fiscal Year 2025/26 Maximum Assessment Rates
The Fiscal Year 2025/26 maximum assessment rates for the Assessment Districts are included in Section 8 of this Engineer’s Report.
5.6 Duration of Assessment
The Assessment Districts were formed or annexed in previous years. It is proposed that the assessments be continued every year after their formation or annexation, so long as the public improvements need to be maintained and improved, and the City requires funding for the improvements in each Assessment District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment.
5.7 Appeals and Interpretation
Any property owner who feels that the assessment levied on the subject property is in error, as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City of Palmdale Public Works Department. Any such appeal is limited to correction of an assessment during the then current fiscal year or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City of Palmdale Public Works Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Engineer of the City of Palmdale or her or his designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City of Palmdale Public Works Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City of Palmdale Public Works Engineer or her or his designee shall be referred to the Director of Public Works of the City of Palmdale, and the decision of the Director of Public Works of the City of Palmdale shall be final.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 19
6. ASSESSMENT DIAGRAM
The boundaries of the Assessment Districts are displayed on the following Assessment Diagram. The lines and dimensions of each lot or parcel within the Assessment Districts are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Engineer’s Report was prepared, and are incorporated by reference herein and made part of this report.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 20
7. LANDSCAPE MAINTENANCE DISTRICTS AREA
MAINTAINED
The area of landscape maintained for each Assessment District is shown in the table below.
District(1) FY Formed
Tract/
Parcel Map
Land
Use
General
Location
Total
Streetscape
(SF)
Total On‐
Site Basin
LS (SF)
Total
Area (SF)
1 97/98 33574 Res Ave R‐8 and 20th St East 831 2,907 3,738 2 97/98 35571 Res Ave S and 35th St East 60,228 0 60,228 5 98/99 31585 Res Tierra Subida 34,959 3,850 38,809
6 97/98 42989 Res Ave R and 30th St East 4,224 0 4,224 7 97/98 42880 Res Ave S and 15th St East 18,762 30,270 49,032 9 97/98 42405 Res Ave S and 30th St East 30,217 0 30,217 10 97/98 36905 Res Ave R‐8 and 35th St East 2,204 11,901 14,105 11 98/99 37748 Res Ave S and 15th St East 125,260 44,240 169,500 12 98/99 31130 Res Ave S and 15th St East 44,199 13,095 57,294 13 97/98 43241 Res Ave R‐8 and 20th St East 640 0 640 14 97/98 44014 Res Ave R‐8 and 50th St West 1,590 0 1,590 15 98/99 42971 Res Ave S and 25th St East 4,770 10,961 15,731 16 98/99 43325 Res Ave S and 35th St East 21,109 44,240 65,349 17 97/98 43665 Res Ave S and 30th St East 635 118,412 119,047 19 97/98 42956 Res Ave R‐8 and 20th St East 11,817 11,245 23,062 20 97/98 43687 Res Rancho Vista Blvd and 15th St West 18,019 9,738 27,757 21 98/99 43306 Res Ave R‐8 and 25th St East 9,788 0 9,788 22 98/99 43065 Res Ave R and 50th St East 3,185 60,000 63,185 23 97/98 43826 Res Ave S and 20th St East 22,635 21,460 44,095 24 97/98 34296 Res Rancho Vista Bl 228,509 221,499 450,008 24‐1 97/98 46139 Res Rancho Vista Bl 54,067 0 54,067
24‐2 97/98 47932 Res Rancho Vista Bl 41,975 19,680 61,655 24‐3 97/98 46138 Res Rancho Vista Bl 53,235 0 53,235
24‐4 10,343 0 10,343
24‐5 97/98-
00/01 46136 Res Rancho Vista Bl 18,475 6,844 25,319
24‐5B 01/02 46136 Res Rancho Vista Bl 0 0 See 24‐5
24‐6 00/01 52848 Res Rancho Vista Bl 37,767 0 37,767
25 97/98 43324 Res Ave R‐8 and 20th St East 2,000 0 2,000 26 97/98 43031 Res Ave R‐8 and 25th St East 6,418 23,840 30,258 28 97/98 44244 Res Rancho Vista Blvd and 15th St West 2,108 10,881 12,989 29 97/98 43892 Res Ave S and 40th St East 4,761 0 4,761 30 98/99 44045 Res Ave R‐8 and 25th St East 8,594 7,888 16,482 31 97/98 43514 Res Ave S and 40th St East 4,848 12,685 17,533 32 98/99 43312 Res Ave R and Division 10,124 10,410 20,534 33 97/98 44528 Res Ave S and 15th St East 30,157 6,270 36,427 35 97/98 43887 Res Ave S and 25th St East 959 0 959
36 97/98 43024 Res Ave R‐8 and 25th St East 1,914 3,272 5,186 37 98/99 44165 Res Ave R‐8 and 20th St East 7,963 0 7,963 39 98/99 44256 Res Ave R and 30th East 3,257 4,320 7,577 40 98/99 44221 Res Tierra Subida 39,065 0 39,065
41 97/98 44713 Res Rancho Vista Blvd and 20th St West 48,694 15,105 63,799 42 98/99 43356 Res Ave R‐8 and 20th St East 11,394 0 11,394 43 97/98 44184 Res Ave S and 30th East 26,974 13,314 40,288 44 00/01 43814/43815 Res Tierra Subida 17,604 7,166 24,770 46 97/98 29800 Res Ave S and 25th St East 10,680 0 10,680 48 97/98 38007 Res Ave R and 15th St East 0 13,962 13,962 49 97/98 44220 Res Ave S and 15th St East 4,087 7,546 11,633 51 97/98 44140 Res Ave R and 50th St East 7,785 0 7,785 52 98/99 32702 Res Ave S and 15th St East 24,581 43,338 67,919 56 98/99 42884 Res Ave R‐8 and 45th St East 2,587 12,600 15,187 58 97/98 44909 Res Ave R‐8 and 45th St East 1,262 6,958 8,220 59 97/98 43310 Res Ave R and 40th St East 13,146 15,072 28,218 60 97/98 45381 Res Ave R‐8 and 45th St East 13,384 8,000 21,384
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 21 District(1) FY Formed
Tract/
Parcel Map
Land
Use
General
Location
Total
Streetscape
(SF)
Total On‐
Site Basin
LS (SF)
Total
Area (SF)
61 97/98 43692 Res Rancho Vista Blvd and 15th St West 19,722 26,878 46,600 62 97/98 44101 Res Ave M‐8 and 55th St West 7,794 7,050 14,844 63 97/98 42338 Res Ave N and 60th St West 42,430 34,016 76,446 64 97/98 32799 Res Ave S and 35th St East 0 35,900 35,900 65 97/98 44251 Res Ave R‐8 and 50th St West 19,087 36,004 55,091 66 97/98 31495 Res Ave S and 45th St East 127,413 0 127,413 67 97/98 44892 Res Ave R‐8 and 20th St East 7,305 10,606 17,911 68 98/99 44556 Res Ave S and 40th St East 13,471 9,600 23,071 69 97/98 44915 Res Ave S and 40th St East 6,442 6,078 12,520 70 97/98 45143 Res Ave O and 30th St West 13,222 69,755 82,977 72 97/98 43536 Res Ave R‐8 and 50th St East 39,410 19,714 59,124 73 97/98 43719 Res Ave M‐8 and 70th St West 39,635 13,284 52,919 75 97/98 43564 Res Ave S and 35th St East 17,494 6,440 23,934 76 97/98 43637 Res Ave R‐8 and 45th St East 1,123 16,771 17,894 77 98/99 43636 Res Ave R‐8 and 25th St East 1,492 7,995 9,487 78 97/98 44876 Res Ave R‐8 and 5th St East 33,418 42,054 75,472 80 97/98 PM 17435 MH Rancho Vista Blvd 18,212 22,140 40,352 82 00/01 45045 Res Ave R‐8 and 25th St East 4,254 0 4,254 83 97/98 35564 Res Ave R and 30th East 1,802 0 1,802
84 97/98 45263 Res Ave R and 27th St East 4,484 9,663 14,147 85 97/98 45003 Res Rancho Vista Blvd and 30th St West 60,997 104,174 165,171 86 97/98 45073 Res Ave R and 50th St East 1,445 4,950 6,395 87 97/98 45273 Res Pear Blossom Hwy and 30th East 62,590 37,934 100,524 88 97/98 45069 Res Rancho Vista Blvd and 25th St West 17,723 6,630 24,353 89 97/98 45324 Res Ave R and 40th St East 31,065 0 31,065 92 98/99 45507 Res Ave S and 45th St East 6,011 3,500 9,511 93 97/98 43321 Res Ave S and 35th East 867 3,600 4,467 94 97/98 45220 Res Ave S and 40th St East 11,899 4,800 16,699 96 97/98 44897 Res Ave R‐8 and 50th St East 4,582 4,608 9,190 97 97/98 42886 Res Ave M‐8 and 55th St West 5,473 0 5,473 98 97/98 45125 Res Ave R and 50th St East 22,619 14,668 37,287 99 97/98 44879 Res Rancho Vista Blvd and 30th St West 16,322 10,580 26,902 100 97/98 45716 Res Elizabeth Lake Rd and 20th St West 5,912 8,720 14,632 102 97/98 45460 Res Tierra Subida 6,976 15,600 22,576 103 98/99 44402 Res SE Corner of Ave R‐8 and 55 St East 28,799 31,260 60,059 105 97/98 45216 Res Ave S and 35th St East 9,760 18,846 28,606 106 99/00 45689 Res Ave M‐8 and 60th St West 8,719 3,885 12,604 107 97/98 25429 Res Ave M and 60th St West 19,485 0 19,485 109 98/99 44701 Res Ave R‐8 and 60th St East 4,636 11,868 16,504 110 97/98 45574 Res Rancho Vista Blvd and 20th St West 8,804 5,700 14,504 111 97/98 32793 Res Ave O and 40th St East 16,795 0 16,795 112 98/99 44136 Res Ave R‐8 and 60th St East 7,414 6,365 13,779 113 99/00 45276 Res Ave R and 50th St East 8,443 7,200 15,643 114 97/98 44898 Res Ave R and 50th St East 6,786 6,720 13,506 115 97/98 46312 Res Ave O and 30th St West 23,488 28,710 52,198 116 97/98 45196 Res Elizabeth Lake Rd and 15th St West 4,063 8,925 12,988 119 97/98 46077 Res Ave N and 45th St West 47,034 67,524 114,558 120 97/98 45705 Res Ave R‐8 and 60th St East 25,312 37,015 62,327 121 97/98 45750 Res Ave R and 50th St East 10,521 12,870 23,391 122 97/98 45382 Res Pear Blossom Hwy and 40th East 61,466 63,691 125,157 123 97/98 44791 Res Ave O and 30th St West 10,555 25,960 36,515 125 97/98 45497 Res Ave R‐8 and 65th St East 24,682 6,650 31,332 126 97/98 45754 Res Ave O and 30th St West 30,159 25,520 55,679 127 97/98 46409 Res Ave O and 30th St West 8,572 0 8,572 128 97/98 43581 Res Ave S and 15th St East 50,584 76,640 127,224 129 97/98 46784 Res Ave O and 30th St West 82,568 63,915 146,483 131 97/98 46430 Res Rancho Vista Blvd and 20th St West 8,575 23,129 31,704 133 97/98 45802 Res Ave R and 30th St East 34,977 53,300 88,277 135 97/98 46279 Res Ave R and 45th St East 0 29,500 29,500 136 97/98 45777 Res Ave S and 40th St East 6,732 0 6,732 137 98/99 45672 Res Ave S and 15th St East 15,248 39,648 54,896 138 99/00 Not Available Res Ave R and 50th St East 8,085 21,527 29,612
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 22 District(1) FY Formed
Tract/
Parcel Map
Land
Use
General
Location
Total
Streetscape
(SF)
Total On‐
Site Basin
LS (SF)
Total
Area (SF)
139 97/98 46089 Res Ave S and 55th St East 30,669 31,500 62,169 140 97/98 43883 Res Ave N and 55th St West 29,200 8,360 37,560 141 02/03
47115,
47116,47117,
44544
Res SW Corner of Ave R‐8 and 65th St East 57,336 6,160 63,496 143 97/98 45657 Res Ave O and 30th St West 9,114 0 9,114 144 97/98 45911 Res Ave R and 35th St East 8,794 7,169 15,963 145 97/98 45548 Res Pear Blossom Hwy and 30th St East 65,816 55,590 121,406 146 97/98 46436 Res Ave M and 60th St West 60,421 17,484 77,905 148 97/98 36720 Res Ave S and 30th St East 1,000 0 1,000 150 99/00 42999 Res Ave M and 60th St West 4,561 16,103 20,664 151 97/98 44476 Res Ave R‐8 and 60th St East 9,319 19,673 28,992 152 97/98 46735 Comm Rancho Vista Blvd and 10th St West 129,149 66,360 195,509 153 97/98 45092 Res Ave R‐8 and 60th St East 23,700 13,604 37,304 154 97/98 45282 Comm Ave N and 10th St West 24,486 22,032 46,518 156 97/98 46032 Res Ave O and 40th St East 10,011 20,449 30,460 157 97/98 44702 Res Ave M‐8 and 55th St West 1,430 4,720 6,150 159 05/06 44543 Res SE Corner of Russ Pl and 55 St East 4,973 5,456 10,429 160 97/98 45071 Res Ave O and 30th St West 25,808 19,140 44,948 163 97/98 45277 Res Ave R and 50th St East 18,460 15,750 34,210 165 97/98 45743 Res Rancho Vista Blvd and 25th St West 5,848 10,140 15,988 167 97/98 46036 Res Fairway Dr and Rancho Vista Blvd 3,250 0 3,250 168 97/98 46355 Res Ave S‐8 and 45th St East 6,059 23,100 29,159 171 97/98 45493 Res Ave R‐8 and 60th St East 2,935 15,991 18,926 173 06/07 47510 Res S of Ave R, W of 55th St East 1,395 0 1,395 175 97/98 33587 Res Rancho Vista Blvd and 20th St West 9,806 0 9,806 176 97/98 45742 Res Rancho Vista Blvd and 25th St West 8,616 14,210 22,826 177 97/98 45364 Res Rancho Vista Blvd and 25th St West 19,847 8,430 28,277 178 97/98 44803 Res Ave M and 70th St West 85,202 96,276 181,478 179 97/98 46536 Res Ave P‐12 and 25th St West 98,694 46,000 144,694 180 04/05 48846/48847 Res SW Corner of Ave S‐12 and 37th St East 10,242 61,000 71,242 182 99/00 47630 Res Ave S and 25th St East 12,232 0 12,232 183 97/98 48665 Res Ave S and 40th St East 11,403 0 11,403 184 05/06 46454 Res SW Corner of Elizabeth Lake Road and 15th St West 24,873 23,140 48,013
188 97/98 45411 Res Ave S‐8 and 45th St East 6,808 24,598 31,406 189 97/98 47548 Res Ave S and 40th St East 25,013 0 25,013 190 97/98 45219 Res Ave S and 40th St East 9,054 19,110 28,164 191 97/98 46044 Res Ave R and 40th St East 7,977 14,620 22,597 192 97/98 47466 Res Ave O and Division 13,440 0 13,440 193 97/98 44526 Res Elizabeth Lake Rd and 20th St West 44,483 34,508 78,991 195 97/98 46586 Comm Ave P‐8 and 5th St West 42,924 0 42,924 197 03/04 46710 Res Ave R‐12 and 25th St East 7,886 15,840 23,726 199 97/98 46123 Res Elizabeth Lake Rd and 15th St West 1,071 34,155 35,226 201 99/00 25842 Res Ave R‐8 and 40th St East 7,900 24,750 32,650 202 99/00 46157 Res Ave M‐8 and 60th St West 8,454 12,733 21,187 203 97/98 48254 Res Ave S and 40th St East 13,220 13,770 26,990 204 97/98 45506 Res Ave R‐4 and 65th St East 7,499 22,880 30,379 206 97/98 46333 Res Ave R‐8 and 60th St East 17,945 24,198 42,143 207 97/98 45038 Res Ave S and 55th St East 19,926 0 19,926 212 98/99 47629 Res Ave S and 50th St East 15,127 4,294 19,421 213 97/98 46934 Res Ave S‐8 and 45th St East 34,700 46,212 80,912 214 98/99 49058 Res Ave S and 45th St East 31,179 0 31,179 216 00/01 46925 Res Division and Ave O‐8 32,152 0 32,152 217 05/06 46757 Res Palmdale Blvd, Ave R, and 65th St East 48,416 50,953 99,369 217‐01 Trailer Park Res NW Corner of Ave R and 65th St East 0 0 0 217B 05/06 46757 Res Palmdale Blvd, Ave R, and 65th St East 27,455 16,267 43,722 219 00/01 46910/46911/
45291 Res Tierra Subida 15,591 0 15,591
220 97/98 45412 Res Pear Blossom Hwy and 45th St East 8,014 10,736 18,750 221 04/05 45218‐01 Res Railroad and 30th St East 3,522 122,306 125,828
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 23 District(1) FY Formed
Tract/
Parcel Map
Land
Use
General
Location
Total
Streetscape
(SF)
Total On‐
Site Basin
LS (SF)
Total
Area (SF)
222 99/00 45217/46193/
46194 Res Fairfield and 35th St East 10,838 86,190 97,028 224 97/98 48672 Res Ave S‐8 and 55th St East 2,592 41,695 44,287 233 99/00 52646 Res Division and Ave O 12,696 0 12,696 234 99/00 44826 Res Ave R‐8 and 55th St East 8,588 19,594 28,182 235 00/01 45057 Res Ave Q and 40th St East 14,266 34,030 48,296 236 01/02 51505 Res SE Corner of Ave P‐8 and 20th St West 9,612 0 9,612 237 01/02 53069 Res Ave N and 45th St West 12,948 12,075 25,023 238 01/02 47933 Res Rancho Vista Blvd 20,855 0 20,855 239 02/03 47934 Res Rancho Vista Blvd 12,051 0 12,051 240 01/02 47935 Res Rancho Vista Blvd and Ave O‐8 46,154 28,455 74,609 241 04/05 53221 Res NW Corner of 40th St East 300 feet N of R‐6 7,981 16,892 24,873
242 02/03 45573 Res Ave P‐4 and 20th St West 3,792 0 3,792 243 01/02 51980 Res SE Corner of Avenue N and 50th St West 30,949 0 30,949 244 02/03 49016‐02, 03 Res Club Rancho Dr. and 30th St West 4,972 0 4,972 245 02/03 49016‐04, 05 Res SW Corner of Ave N‐8 and 30th St West 94,926 0 94,926 246 02/03 49016‐08, 09 Res SE Corner of Ave N‐8 and Bolz Ranch Rd 109,486 0 109,486 247 04/05 49016‐06 Res Rancho Vista Golf Course 20,039 0 20,039 248 04/05 49016‐07 Res Bolz Ranch Rd (golf course) 2,970 0 2,970 251 02/03 51989 Res Ave N and 50th St West 5,536 0 5,536 252 02/03 52142‐03 Res Ave P‐8 and 30th St West 24,579 0 24,579 253 02/03 52142‐01, ‐02 Res NW Corner of Ave P‐8 and 25th St West 17,718 0 17,718 254 02/03 46394‐01 Res Rancho Vista Blvd and Ave O‐8 34,997 0 34,997 255 02/03 53522 Res NE Corner of Ave N and 55th St West 42,194 8,030 50,224 256 02/03 46602 Res SW Corner of Ave N‐8 and 55th St West 13,939 37,398 51,337 256‐01 05/06 52489/52490/
54075/53921 Res NE Corner Ave N‐8 and 55th St West 20,011 34,825 54,836 257 04/05 53608 Res NW Corner of Ave S‐12 and 30th St East 24,560 0 24,560 259 03/04 53855, 54806 Res Ave P‐8 and 20th St West 11,182 0 11,182 260 03/04 48014 Res Ave P‐8 and Summerwind 45,876 0 45,876 261 04/05 43689, 43690,
43691 Res Rancho Vista Blvd and 11th St West 6,965 0 6,965 262 04/05 44893 Res SE Corner of Ave S and 52nd St East 11,419 0 11,419 263 05/06 46597 Res SW Corner of Ave S‐8 and 40th St East 15,297 17,250 32,547 264 04/05 60053 Res NW Corner of Ave R and 40th St East 20,872 21,840 42,712 265 04/05 53857 Res NW Corner of Bolz Ranch Rd and
Sawgrass Dr 16,342 0 16,342
266 04/05 54399 Res NE Corner of Ave P‐6 and 25th St West 24,844 15,900 40,744 267 04/05 53199, 54226, &
60745 Res Avenue R, 60th East to Palmdale Blvd 70,634 51,220 121,854 268 04/05 54058‐01, 02,
03, 04, & 05 Res SE Corner of Ave P‐8 and 25th St West 40,129 0 40,129 271 05/06 53869 Res NE Corner of Ave Q‐8 and Tierra Subida 12,129 26,924 39,053 272 04/05 49147‐01, 02, &
03 Res NW Corner of Ave R and 70th St East 19,558 45,797 65,355 272‐01 05/06 49147‐04, 05, &
06 Res NW Corner of Ave R and 70th St East 0 0 0
272‐02 06/07 63008 Res NW Corner of Ave R and 70th St East 3,042 3,042 6,084 273 05/06 54339 Res SE Corner of Ave M and 70th St West 38,624 0 38,624 274 04/05 54383 Res Turner Dr and 25th St East 40,451 18,700 59,151 275 05/06 060162,46755 Res Meridith Avenue and Rockie Lane 2,886 5,271 8,157 276 04/05 60128 Res Rockie Lane, Ave R‐8 to Ave S 3,057 12,103 15,160 277 04/05 52200 01 & 02 Res W of Ave P‐12 and 30th St West 394,956 167,158 562,114 278 05/06 060028, 01, &
02 Res SE corner of Ave R and 70th St East 69,760 52,140 121,900 279 05/06 60462 Res Bolz Ranch Rd and Homeridge Dr 6,965 0 6,965 280 53920 Res Fort Tejon Road N of SP RailRoad (50th
East) 0 0 0
281 05/06 52921 Res SW Corner of Ave S and 60th St East 48,080 12,838 60,918 282 05/06 61699 Res Ave S‐2 and Julian Lane 3,220 0 3,220 283 05/06 61770 Res SE Corner of Avenue S and Hillcrest Drive 8,106 0 8,106
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 24 District(1) FY Formed
Tract/
Parcel Map
Land
Use
General
Location
Total
Streetscape
(SF)
Total On‐
Site Basin
LS (SF)
Total
Area (SF)
286 05/06 60954 Res SE Corner of Palmdale Blvd and 50th St East 10,726 22,344 33,070
287 05/06 46356, 52029 Res NE Corner of Pearblossom and 47th East 30,840 303,660 334,500 288 060008 Ph 1 & 2 Res SW Corner of Ave S and 62nd St East 0 0 0 289 05/06 61660 Res NE Corner of Ave Q‐13 and 12th St East 3,655 10,664 14,319 290 22/23 54209 Res NE Corner of Ave R and 35th St East 0 0 0 292 05/06 54301 Res North Side of Ave M‐8 between 65th
and 70th West 82,547 0 82,547
292‐01 06/07 60209 Res 70th and M 34,204 19,494 53,698 292‐02 60431 0 0 0
293 05/06 62695 Res South Side of Ave N‐8 west of Entrar Drive 24,490 0 24,490
294 06/07 60789 Res W side of 40th St East and both sides of Hollowglen DR 3,042 0 3,042
295 06/07 62068 Res N of Ave S and E or Rockie Lane 10,157 41,628 51,785 296 05/06 62020 Res North of Ave S and West of Downing
Street 16,751 30,337 47,088
297 06/07 61610 Res South of Palmdale Bl, West of 58th St East 0 0 0
298 06/07 61611/61981 Res N of Ave S, E of 65th St E 35,987 24,175 60,162 299 05/06 52806 Res Between 25th St E and 27th St E 500 ' S of Palmdale Bl 16,128 0 16,128
301 06/07 62974 Res E of 40th St East and S of Ave Q 19,505 13,290 32,795 302 06/07 60926 Res N or Ave R and W of 40th St East 14,372 0 14,372 304 07/08 53067 Res S of Palmdale Blvd, W of 55th St E 14,307 14,384 28,691 305 62371 0 0 0
306 53342 0 0 0
309 61941 0 0 0
312 07/08 61045 Res South of Palmdale Blvd and West of
52nd St East 12,934 12,181 25,115
313 07/08 62213 Res N of Ave S‐4 and W of 42nd St E 7,802 8,673 16,475 314 06/07 51224 Res South of Spanish Broom Dr between
Firethorn Ave and Waltham 17,990 72,836 90,826
315 06/07 60511 Res S of Avenue R, E of 40th St E 12,128 0 12,128 316 06/07 49215 Res S of Avenue S‐8, W of 42nd St East 1,772 0 1,772 317 61443 Res 0 0 0
318 07/08 51451 Res Fort Tejon RD and 47th St E south of Ave S and N of the UPRR 38,800 29,000 67,800
319 07/08 62490/66868 Res Corner of Rancho Vista Blvd & Extension of Tilbury Dr 26,398 48,987 75,385
320 07/08 60431 Res N of Ave M‐8, W of 70th St W 85,614 99,056 184,670 321 14/15 66204 Res North side of E Ave R‐8, bw 57th St E & Segovia Way 1,917 0 1,917
322 14/15 47510 Res SE corner of Tackstem & Ave R 1,545 0 1,545 324 22/23 73740 Res SE corner Taintor Road & Division St 7,868 0 7,868 900 04/05 54438, 53888 Res/Comm Ave S and Bridge Road 614,466 0 614,466 901 06/07 Ritter Ranch Res Elizabeth Lake Road 2,560,000 0 2,560,000 (1) The City is not currently maintaining landscaping improvements of Assessment District Nos. 173, 277, 280, 288, 900 and 901. See section 3.2 for additional information.
City of Palmdale
Landscape Maintenance Assessment Districts - Fiscal Year 2025/26 Combined Engineer’s Report 25
8. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.
A listing of assessor’s parcels subject to the assessments for Fiscal Year 2025/26, along with the assessment amounts, is on file in the office of the City Engineer and incorporated herein by reference.
Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.
The following table summarizes the Fiscal Year 2025/26 assessment for the Assessment Districts.
City of Palmdale
Landscape Maintenance Assessment Districts and Annexations Assessment Roll Summary
Assessment
District
Parcel
Count (1)
EDUs per
Assessment District
FY 2025/26
Assessment Amount
FY 2025/26
Proposed
Assessment Rate
Per EDU
FY 2025/26
Maximum
Assessment Rate
Per EDU (2)
1 75 75.00 $2,397.75 $31.97 $31.97
2 223 223.00 31,846.63 142.81 142.81
5 110 110.00 40,859.50 371.45 371.45
6 19 19.00 4,480.77 235.83 235.83
7 167 167.00 24,265.10 145.30 145.30
9 289 289.00 43,503.17 150.53 150.53
10 176 176.00 8,252.64 46.89 46.89
11 208 208.00 106,236.00 510.75 510.75
12 205 205.00 77,879.50 379.90 379.90
13 130 130.00 3,324.10 25.57 25.57
14 67 67.00 3,855.18 57.54 57.54
15 60 60.00 20,007.60 333.46 333.46
16 45 45.00 24,408.45 542.41 542.41
17 92 92.00 17,427.56 189.43 189.43
19 44 44.00 18,439.08 419.07 419.07
20 136 136.00 29,210.08 214.78 214.78
21 40 40.00 13,254.00 331.35 331.35
22 78 78.00 49,716.42 637.39 637.39
23 142 142.00 26,333.90 185.45 185.45
24 884 884.00 226,144.88 255.82 255.82
24-1 165 165.00 40,877.10 247.74 247.74
24-2 95 95.00 23,535.30 247.74 247.74
24-3 100 100.00 43,740.00 437.40 437.40
24-4 19 19.00 4,814.22 253.38 253.38
24-5 170 170.00 13,567.70 79.81 79.81
24-6 238 238.00 33,243.84 139.68 139.68
25 43 43.00 5,794.25 134.75 134.75
26 87 87.00 10,569.63 121.49 121.49
28 78 78.00 7,225.92 92.64 92.64
29 71 71.00 9,080.19 127.89 127.89
30 36 36.00 13,144.32 365.12 365.12
31 86 86.00 8,981.84 104.44 104.44
32 107 107.00 24,388.51 227.93 227.93
33 167 167.00 38,445.07 230.21 230.21
35 14 14.00 1,149.82 82.13 82.13
36 61 61.00 7,410.89 121.49 121.49
37 47 47.00 4,265.25 90.75 90.75
39 45 45.00 6,409.80 142.44 142.44
40 127 127.00 49,319.18 388.34 388.34
41 299 299.00 43,295.20 144.80 144.80
42 39 39.00 14,157.39 363.01 363.01
City of Palmdale
Landscape Maintenance Assessment Districts and Annexations Assessment Roll Summary
Assessment
District
Parcel
Count (1)
EDUs per
Assessment District
FY 2025/26
Assessment Amount
FY 2025/26
Proposed
Assessment Rate
Per EDU
FY 2025/26
Maximum
Assessment Rate
Per EDU (2)
43 172 172.00 33,687.92 195.86 195.86
44 143 143.00 34,528.78 241.46 241.46
46 45 45.00 15,257.25 339.05 339.05
48 39 39.00 2,742.87 70.33 70.33
49 55 55.00 8,323.70 151.34 151.34
51 59 59.00 7,455.24 126.36 126.36
52 127 127.00 30,286.96 238.48 238.48
56 178 178.00 6,384.86 35.87 35.87
58 41 41.00 4,749.03 115.83 115.83
59 179 179.00 17,550.95 98.05 98.05
60 81 81.00 17,739.00 219.00 219.00
61 178 178.00 47,974.56 269.52 269.52
62 16 16.00 9,652.16 603.26 603.26
63 240 240.00 47,503.20 197.93 197.93
64 120 120.00 7,929.60 66.08 66.08
65 320 320.00 33,424.00 104.45 104.45
66 327 327.00 55,763.31 170.53 170.53
67 173 173.00 11,291.71 65.27 65.27
68 100 100.00 24,904.00 249.04 249.04
69 89 89.00 9,106.48 102.32 102.32
70 137 137.00 23,366.72 170.56 170.56
72 219 219.00 43,806.57 200.03 200.03
73 160 160.00 25,920.00 162.00 162.00
75 111 111.00 32,960.34 296.94 296.94
76 84 84.00 9,130.80 108.70 108.70
77 40 40.00 12,578.80 314.47 314.47
78 174 174.00 42,979.74 247.01 247.01
80 6 101.43 17,717.62 174.67 174.67
82 19 19.00 5,443.88 286.52 286.52
83 25 25.00 2,211.50 88.46 88.46
84 69 69.00 20,885.61 302.69 302.69
85 581 581.00 127,239.00 219.00 219.00
86 86 86.00 6,700.26 77.91 77.91
87 318 318.00 51,547.80 162.10 162.10
88 72 72.00 22,134.24 307.42 307.42
89 406 406.00 52,142.58 128.43 128.43
92 40 40.00 9,961.60 249.04 249.04
93 21 21.00 1,969.38 93.78 93.78
94 78 78.00 15,795.78 202.51 202.51
96 88 88.00 5,190.24 58.98 58.98
97 46 46.00 5,011.24 108.94 108.94